PHH Mortgage Corporation Lawsuits Filed in Texas Federal Courts for Year 2022

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00689-JKP

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00689-JKP

See HOA case

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00355

Clerk’s ENTRY OF DEFAULT as to Patricia Roubinek. (ykp) (Entered: 11/12/2024)

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01889-K-BN

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01889-K-BN

Date Filed	#	Docket Text
07/24/2024	42	Memorandum Opinion and Order: The Court has carefully considered the record in this case and the foregoing circumstances, particularly Plaintiff’s ongoing health issues which resulted in the delay. The Court, in its discretion, dismisses Plaintiff’s claims without prejudice for failure to prosecute pursuant to Rule 41(b). Defendant intends to pursue its counterclaim against Plaintiff and Third-Party Defendant Patricia Roubinek. Accordingly, the Clerk is DIRECTED to REOPEN this case. (Ordered by Judge Ed Kinkeade on 7/24/2024) (ndt) (Entered: 07/24/2024)
08/14/2024	43	ELECTRONIC ORDER: Defendant PHH Mortgage Corporation is directed to file a status report by Friday, August 23, 2024 that explains how it intends to proceed procedurally going forward in pursuing pursue its counterclaim against Counter-Defendant Jack Roubinek and Third-Party Defendant Patricia Roubinek. (Ordered by Magistrate Judge David L. Horan on 8/14/2024.) (Entered: 08/14/2024)
08/23/2024	44	STATUS REPORT filed by PHH Mortgage. (Griffith, Camille) (Entered: 08/23/2024)
08/26/2024	45	ELECTRONIC ORDER resetting case deadlines as to Defendant/Counter-Plaintiff/Third-Party Plaintiff PHH Mortgage’s counterclaim against Plaintiff/Counter-Defendant Jack Roubinek and Third-Party Defendant Patricia Roubinek:All motions for leave to join parties must be filed no later than September 30, 2024. All motions for leave to amend pleadings must be filed no later than September 30, 2024. All discovery shall be initiated in time to be completed by January 30, 2025. Any motions to compel discovery must be filed no later than December 20, 2024 in order to allow sufficient time for determination prior to the expiration of the discovery period. No later than January 20, 2025, the parties are to engage in mediation. A party with full settlement authority up to the limits of the opposing party’s demand must be present throughout the discussions. Objections to expert witnesses under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), shall be filed no later than March 3, 2025. No later than March 3, 2025, all dispositive motions shall be filed. A party must file a motion not otherwise covered by this order no later than March 3, 2025. (Ordered by Magistrate Judge David L. Horan on 8/26/2024.) (Entered: 08/26/2024)

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01889-K-BN

There are proceedings for case 3:22-cv-01889-K-BN but none satisfy the selection criteria.

ELECTRONIC ORDER: Before the Court are:

(1) Plaintiff’s Show Cause Response (Doc. No. 39)

and

(2) Defendant’s Status Report (Doc. No. 40).

Having finally communicated with his attorney, Plaintiff represents to the Court that he understands his claims are subject to dismissal, including with prejudice, for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

Doc. No. 39 at 1.

However, Plaintiff requests that, before dismissing his claims, the Court grant him 30 days “to gather the funds necessary to cure his default.”

Id.

Defendant does not oppose a 30-day extension prior to the dismissal of Plaintiff’s claims.

Doc. No. 40 at 1.

However, Defendant states that it intends to pursue its counterclaim against Plaintiff and Third-Party Defendant Patricia Roubinek in any event and asks that the Court reopen the case so that it may prosecute its claim.

Id.

The Court defers dismissing Plaintiff’s claims and, instead, GRANTS Plaintiff ONE last extension of 30 days.

Plaintiff SHALL file a report on June 28, 2024 which includes a statement of whether he was able to bring his loan current and, if not, whether he is prepared to prosecute his claims without further delay. If Plaintiff fails to TIMELY file said report, the Court will construe his silence as an admission that he did not cure the default and that he is unwilling to prosecute his claims and, therefore, will dismiss Plaintiff’s claims with prejudice and without further notice.

Fed. R. Civ. P. 41(b).

Nonetheless, Defendant has made clear that it intends to pursue its counterclaim against Plaintiff and Third-Party Defendant Patricia Roubinek. As this counterclaim remains pending for disposition, the Court will reopen this case and reset the applicable deadlines but will do so no earlier than July 1, 2024.

(Ordered by Judge Ed Kinkeade on 5/28/2024) (chmb) (Entered: 05/28/2024)

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01889-K-BN

ORDER:

The Court ORDERS Plaintiff to show cause in writing, by May 24, 2024, why this action should not be dismissed for failure to prosecute.

Failure of Plaintiff to comply with this Order or to show good cause may result in dismissal of this case with prejudice.

In light of the order to show cause, the Court also ORDERS Defendant PHH Mortgage Corporation to file a status report by May 24, 2024, regarding its counterclaim against Plaintiff and its third-party claim against Patricia Roubinek, who, the record reflects, was served on September 6, 2022, see Doc. No. 8, but has not yet answered or otherwise appeared to-date.

(Ordered by Judge Ed Kinkeade on 5/7/2024)

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01889-K-BN

This is the mafia foreclosure case. It involves a “celebrity” tenant in sufferance (former homeowner) with ongoing ties to secured and unsecured lending vertical in Dallas, Texas. (You can read about the mafia involvement in the tabs below).

It “ends” with ongoing mediation, off the docket and allowing the case to be administratively closed.

Why? Because LIT is investigating, and the judiciary and Wall St Banks want to remove all the pending cases involving PHH from visibility – especially those still ongoing and in litigation after the financial crisis….

Update Friday, Mar. 26, 2024

ELECTRONIC ORDER: The Court ORDERS Plaintiff’s counsel to file a report, in accordance with the Court’s prior order of March 8, 2024 (Doc. No. 34), by April 30, 2024.

In this report, Plaintiff’s counsel shall also outline each of his attempts to communicate with Plaintiff (including the date and form of communication).

Plaintiff’s counsel may file this report under seal without first seeking leave of the Court if the report contains Plaintiff’s medical or other sensitive personal information.

(Ordered by Judge Ed Kinkeade on 4/26/2024) (chmb) (Entered: 04/26/2024)

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01889-K-BN

ORDER granting the 11 Unopposed Motion to Substitute Counsel. Robert T. Mowrey, Matthew K. Hansen, and Helen O. Turner of Locke Lord LLP is substituted into this case as counsel of record for PHH.

The Court further ORDERS that Mark D. Cronenwett of Mackie Wolf Zientz & Mann, P.C. is withdrawn from this case as counsel of record for PHH.

(Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/5/2022) (mcrd) (Entered: 10/05/2022)

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01889-K-BH

Quartet had drained over $14M from a Texas mortgage company.

A member and associate of the Lucchese organized crime family, along with two Texas brothers, have had their convictions upheld for a criminal takeover that drained over $14 million from a Dallas mortgage firm in less than a year.

The four claimed what they did was just “normal, run-of-the-mill” business practices, but it was more like typical Mafia practices.

The U.S. Attorney’s Office for the District of New Jersey announced Nicodemo S. Scarfo, 57, of Galloway, N.J., a member of the Lucchese organized crime family of La Cosa Nostra (LCN), and Salvatore Pelullo, 55, of Philadelphia, an associate of the Lucchese and Philadelphia LCN families, were convicted on July 13, 2014, of all counts against them. Two other defendants, William Maxwell, 63, of Houston, Texas, and his brother, John Maxwell, 70, of Irving, Texas, were also convicted.

The four defendants were convicted for their respective roles in the takeover and subsequent looting of FirstPlus Financial Group, a publicly held mortgage company based in Dallas.

The defendants used extortionate threats to take control of the company, causing a loss of more than $14 million and leaving more than 1,000 shareholders with investments that had been rendered worthless.

Scarfo and Pelullo were each sentenced to 30 years in prison; William Maxwell was sentenced to 20 years in prison; and John Maxwell was sentenced to 10 years in prison.

Originally, the four men, according to court filings, sought to legitimately invest in the company.

There was just one problem. They didn’t have the money to do so.

Enter Jack Draper, a high-ranking employee at FirstPlus who had been fired. Draper had griped about his firing to Jack Roubinek — the two having become acquainted while employed at FirstPlus — and to William Maxwell. Roubinek was trying to put a group together to purchase FirstPlus.

Those three were joined by David Roberts, a mortgage broker from Staten Island, and Pelullo for a meeting in Dallas, where Draper, “bearing a grudge,” told the group he was willing to “divulge all” and falsely accuse the FirstPlus board and CEO Daniel Phillips of financial and personal improprieties (including a purported sexual assault and impregnation of a personal assistant who was paid off with company funds).

The threats had their intended effect.

The appeals court decision said Phillips met with William Maxwell and Pelullo, who indicated the allegations would be dropped if Phillips and the FirstPlus board handed the business over to them.

“Evidently, it was an offer he couldn’t refuse,” the decision author quipped. “Phillips swiftly persuaded the entire board to give up their positions rather than try to engage in what would be a messy and expensive fight with Pelullo’s group.”

The four partners in crime then set about installing associates into key positions as executives and board members.

FirstPlus was then used to buy companies tied to Pelullo and hire other companies as consultants for exorbitant fees.

The appeals said the four viewed FirstPlus as their own personal retirement fund, but quickly blew through over $14 million.

The quartet’s greed came to light when Scarfo attempted to take over the Philadelphia branch of the Lucchese crime family.

The FBI stumbled upon the FirstPlus scheme and seized the four men’s assets (including a yacht, Bentley, and private plane) in May 2008.

They would be indicted in October 2011 and convicted in July 2014.

Scarfo’s, Pelullo’s, and William Maxwell’s defenses hinged on the proposition that they had simply been engaged in standard, run-of-the-mill business practices.

John Maxwell, for his part, claimed he had been in the dark as to the others’ malfeasance, the appeals court decision said.

The government rebutted those narratives, telling jurors:

“Is this how legitimate businessmen conduct themselves? The answer to that is overwhelmingly no. Legitimate businessmen don’t lie, they don’t cheat, they don’t steal.”

In a consolidated appeal, the defendants challenged almost every aspect of their prosecutions, including the investigation, the charges and evidence against them, the pretrial process, the government’s compliance with its disclosure obligations, the trial, the forfeiture proceedings, and their sentences.

The appellate court decision, written by Circuit Judge Kent A. Jordan and joined by Circuit Judges Thomas L. Ambro and Stephanos Bibas, affirmed the jury’s guilty verdicts on all of the underlying crimes, including participating in a Racketeering Influenced Corrupt Organization (RICO) conspiracy, conspiracy to commit securities fraud, conspiracy to commit wire fraud, conspiracy to commit money laundering, and firearms offenses.

It also affirmed the prison sentences.

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01700-N

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01530-S-BK

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Laredo)
CIVIL DOCKET FOR CASE #: 5:22-cv-00081

RECAP Actions

ARE WE EAGER TO TOSS CITIZENS OUT OF THEIR HOMES IN LAREDO TO HOUSE THE MILLIONS OF ILLEGALS ON THE STREETS OF TEXAS?

ORDER. The Court ORDERS that Plaintiff serve Defendant Nino no later than January 19, 2023.

If Plaintiff is not able to serve Defendant Nino by that date, Plaintiff is ORDERED to file a motion for service by publication no later than January 30, 2023.

The Court further ORDERS Plaintiff to serve the First Amended Complaint, (Dkt. No. 14), on Defendant Adam Oso Nino and Defendant Sandra Harrison f/k/a Sandra Nino no later than January 19, 2023.

(Signed by Magistrate Judge John A Kazen) Parties notified.(TanyaTrevino, 5) (Entered: 12/20/2022)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Laredo)
CIVIL DOCKET FOR CASE #: 5:22-cv-00081

RECAP Actions

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00930-JKP-RBF

U.S. District Court
Northern District of Texas (Fort Worth)
CIVIL DOCKET FOR CASE #: 4:22-cv-00749-O

RECAP Actions

Foreclosure mill attorney Matt Davis leaves Locke Lord and moves to Brewer, replaced by Matt Hansen of LL.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03151

RECAP Actions

Notice of Appearance as to Courtney A. Vincent to Appear as Attorney by Sandra Nicely Falconer, filed.

(Vincent, Courtney) (Entered: 12/01/2022)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03151

RECAP Actions

State court Petition

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03465

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01806-G-BK

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-02773-X-BT

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00269

Date Filed	#	Docket Text
08/09/2022	1	NOTICE OF REMOVAL from 139th Judicial District Court of Hidalgo County, Texas, case number C-2917-22-C (Filing fee $ 402 receipt number ATXSDC-28593381) filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 08/09/2022)
08/09/2022	2	CERTIFICATE OF INTERESTED PARTIES by PHH Mortgage Corporation, filed.(Cronenwett, Mark) (Entered: 08/09/2022)
08/09/2022	3	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/13/2022 at 09:00 AM before Judge Micaela Alvarez(by Judge Micaela Alvarez) Parties notified.(klopez, 7) (Entered: 08/09/2022)
08/10/2022	4	NOTICE of Appearance by Brett W. Schouest on behalf of PHH Mortgage Corporation, filed. (Schouest, Brett) (Entered: 08/10/2022)
08/10/2022	5	NOTICE of Appearance by Carrie C. Gorner on behalf of PHH Mortgage Corporation, filed. (Gorner, Carrie) (Entered: 08/10/2022)
08/16/2022	6	Unopposed MOTION for Mark D. Cronenwett to Withdraw as Attorney by PHH Mortgage Corporation, filed. Motion Docket Date 9/6/2022. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) (Entered: 08/16/2022)
08/16/2022	7	MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by PHH Mortgage Corporation, filed. Motion Docket Date 9/6/2022. (Attachments: # 1 Exhibit A – Deed of Trust, # 2 Proposed Order Granting Defendant’s Motion to Dismiss)(Schouest, Brett) (Entered: 08/16/2022)
08/17/2022	8	ORDER re 6 Unopposed MOTION for Mark D. Cronenwett to Withdraw as Attorney. Attorney Mark Douglas Cronenwett terminated. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 08/17/2022)
08/30/2022	9	ORDER Joint Discovery/Case Management Plan due by 10/7/2022. Initial Conference reet for 10/18/2022 at 09:00 AM before Judge Micaela Alvarez (Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7) (Entered: 08/30/2022)
09/13/2022	10	ORDER. Brief due by 9/22/2022 at 5:00pm. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 09/13/2022)
09/20/2022	11	BRIEF Support of Removal re: 10 Order by PHH Mortgage Corporation, filed.(Schouest, Brett) (Entered: 09/20/2022)
09/20/2022	12	Amended CORPORATE DISCLOSURE STATEMENT by PHH Mortgage Corporation, filed.(Schouest, Brett) (Entered: 09/20/2022)
09/27/2022	13	JOINT DISCOVERY/CASE MANAGEMENT PLAN by PHH Mortgage Corporation, filed.(Gorner, Carrie) (Entered: 09/27/2022)
09/29/2022	14	OPINION re 7 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7). (Entered: 09/29/2022)
09/29/2022	15	FINAL JUDGMENT. Case terminated on 09/29/22(Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7) (Entered: 09/29/2022)

U.S. District Court
Northern District of Texas (Fort Worth)
CIVIL DOCKET FOR CASE #: 4:22-cv-00996-O

RECAP Actions

ORDER granting 11 Motion to Dismiss Without Prejudice. Case terminated on 4/6/2023.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 04/06/2023)

Order Resetting Conference. Initial Conference reset for

1/19/2023 at 10:30 AM in Courtroom 11C before Judge Lynn N Hughes.

(Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 11/22/2022)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03824

RECAP Actions

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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03888

SCHEDULING ORDER in June and replacement counsel for PHH (same firm, foreclosure mill Locke Lord) in July.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03888

RECAP Actions

Discovery ORDER.

By 9/1/2023, discovery must be completed.

By 9/29/2023, the parties may move dispositively.

By 10/12/2023, the parties must jointly report as ordered.

Internal review set for 10/16/2023.

(Signed by Judge Lynn N Hughes)

Parties notified. (ghassan, 4) (Entered: 12/28/2022)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03888

RECAP Actions

U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:22-cv-00725-SDJ-CAN

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03844

U.S. District Court [LIVE]
Western District of Texas (Austin)
CIVIL DOCKET FOR CASE #: 1:22-cv-01307-LY

RECAP Actions

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00879-XR

Date Filed	#	Docket Text
08/11/2022	1	NOTICE OF REMOVAL by PHH Mortgage Corporation, U.S. Bank National Association (Filing fee $402 receipt number ATXWDC-16387099), filed by PHH Mortgage Corporation, U.S. Bank National Association. (Attachments: # 1 Exhibit civil cover sheet, # 2 Exhibit supplemental civil cover sheet, # 3 Exhibit state court docket sheet and state court filings, # 4 Exhibit corporate assignment, # 5 Exhibit bexar county appraisal district market valuation for property)(Hess, Vincent) (Entered: 08/11/2022)
08/11/2022	2	RULE 7 DISCLOSURE STATEMENT filed by PHH Mortgage Corporation, U.S. Bank National Association identifying Corporate Parent Ocwen Financial Corporation, Other Affiliate PHH Corporation for PHH Mortgage Corporation; Other Affiliate U.S. Bancorp for U.S. Bank National Association. (Hess, Vincent) (Entered: 08/11/2022)
08/15/2022	3	STANDING ORDER CONCERNING REMOVED CASES. Signed by Judge Xavier Rodriguez. (nm) (Entered: 08/15/2022)
08/17/2022	4	MOTION to Dismiss and BRIEF IN SUPPORT by PHH Mortgage Corporation, U.S. Bank National Association. (Attachments: # 1 Exhibit A. Plaintiff’s Original Petition and App for TRO, # 2 Exhibit B. Temporary Restraining Order and Notice of Hearing, # 3 Exhibit C. Description, # 4 Proposed Order Order Granting Defendants’ Motion for Dismiss)(Hess, Vincent) (Entered: 08/17/2022)
08/17/2022	5	ORDER–The Court does not have the benefit of briefing from Plaintiff on the issue of whether Defendant Argent Mortgage Company, LLC is improperly joined. Accordingly, should Plaintiff wish to submit briefing on this issue for the Courts consideration, he must do so by August 31, 2022. Signed by Judge Xavier Rodriguez. (nm) (Entered: 08/17/2022)
08/22/2022	6	ADVISORY TO THE COURT by PHH Mortgage Corporation, U.S. Bank National Association [re Standing Order Concerning Removed Cases]. (Hess, Vincent) (Entered: 08/22/2022)
09/08/2022	7	NOTICE OF NON-RESPONSE TO MOTION TO DISMISS by PHH Mortgage Corporation, U.S. Bank National Association re 4 MOTION to Dismiss and BRIEF IN SUPPORT (Hess, Vincent) (Entered: 09/08/2022)
09/13/2022	8	MOTION to Withdraw as Attorney by John E. Serna. (Attachments: # 1 Proposed Order)(nm) (Entered: 09/14/2022)
09/15/2022	9	ORDER–No later than October 15, 2022, Plaintiff shall either (1) file a written advisory to the Court that he intends to proceed without counsel; (2) obtain new counsel and have that counsel enter a written appearance; (3) notify the Court that he no longer wishes to prosecute this case and move to voluntarily dismiss this case; or (4) move for additional time to comply with this Order. Failure to comply with this Order may result in dismissal of this case. Signed by Judge Xavier Rodriguez. (nm) (Entered: 09/15/2022)
10/21/2022	10	NOTICE of Non-Response to Court Orders by PHH Mortgage Corporation, U.S. Bank National Association re 5 Order, 9 Order,, (Hess, Vincent) (Entered: 10/21/2022)
10/25/2022	11	ORDER–The Court ORDERS that this case is DISMISSED WITHOUT PREJUDICE. A final judgment pursuant to Rule 58 will issue follow. In light of this dismissal, the Court DENIES AS MOOT Defendants Motion to Dismiss (ECF No. 4). It is so ORDERED. The Clerk is DIRECTED to send this Order to Carlos A. Romero, 4906 Wurzbach Parkway, Apt 1110, San Antonio, Texas 78233. Signed by Judge Xavier Rodriguez. (nm) (Entered: 10/27/2022)
10/27/2022	12	FINAL JUDGMENT–IT IS HEREBY ORDERED that Plaintiff Carlos A. Romeros Complaint is DISMISSED WITHOUT PREJUDICE pursuant to FED. R. CIV. P. 41(b) for failure to prosecute and failure to comply with the Courts September 2022 Order. IT IS FINALLY ORDERED that this case is CLOSED. Signed by Judge Xavier Rodriguez. (nm) (Entered: 10/27/2022)

ORDER–In accordance with Federal Rule of Civil Procedure 41(a)(2), it is ORDERED all causes of action asserted by Mr. Herrera are DISMISSED with prejudice.

IT IS FURTHER ORDERED any pending motions are DENIED as moot.

IT IS FURTHER ORDERED all costs and attorneys fees shall be paid by the party incurring them.

The Clerk of Court is DIRECTED to close the case.

Signed by Judge Jason K. Pulliam.

(nm) (Entered: 10/27/2022)

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00702-JKP

Date Filed	#	Docket Text
04/13/2022	1	NOTICE OF REMOVAL from 438th District Court, Bexar County, case number 2022CI06166 (Filing fee $ 402 receipt number ATXSDC-28027122) filed by Wilmington Savings Fund Society, FSB, as Trustee for Cascade Funding Mortgage Trust HB2, by and through its Mortgage Servicer, PHH Mortgage Corporation.(Sheppard, Branch) [Transferred from Texas Southern on 7/1/2022.] (Entered: 04/13/2022)
04/13/2022	2	NOTICE of Index of Matters Being Filed re: 1 Notice of Removal, by Wilmington Savings Fund Society, FSB, as Trustee for Cascade Funding Mortgage Trust HB2, by and through its Mortgage Servicer, PHH Mortgage Corporation, filed. (Sheppard, Branch) [Transferred from Texas Southern on 7/1/2022.] (Entered: 04/13/2022)
04/14/2022	3	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/15/2022 at 04:15 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(BrandisIsom, 4) [Transferred from Texas Southern on 7/1/2022.] (Entered: 04/14/2022)
06/28/2022	4	MOTION to Transfer Case to Western District of Texas by Wilmington Savings Fund Society, FSB, filed. Motion Docket Date 7/19/2022. (Attachments: # 1 Proposed Order)(Sheppard, Branch) [Transferred from Texas Southern on 7/1/2022.] (Entered: 06/28/2022)
06/29/2022	5	ORDER TO TRANSFER CASE to Western District of Texas, San Antonio Division; granting 4 Unopposed Motion to Transfer Venue(Signed by Judge Keith P Ellison) Parties notified.(JosephWells, 4) [Transferred from Texas Southern on 7/1/2022.] (Entered: 07/01/2022)
07/01/2022	6	Case electronically transferred in from Southern District of Texas; Case Number 4:22-cv-01199. (Entered: 07/01/2022)
07/05/2022	7	ORDER REFERRING CASE to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Jason K. Pulliam. (mgr) (Entered: 07/05/2022)
07/05/2022	8	STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam’s Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (Entered: 07/05/2022)
07/11/2022	9	ORDER SETTING INITIAL PRETRIAL CONFERENCE, ( Scheduling Recommendations/Proposed Scheduling Order due by 8/19/2022,, IT IS THEREFORE ORDERED that Defendant file an amended answer that complies with the Federal Rules of Civil Procedure on or before July 25, 2022. Pretrial Conference set for 8/23/2022 3:30 PM before Judge Elizabeth S. Chestney,). Signed by Judge Elizabeth S. Chestney. (mgr) (Entered: 07/11/2022)
07/20/2022	10	Amended ANSWER to Complaint by Wilmington Savings Fund Society FSB.(Sheppard, Branch) (Entered: 07/20/2022)
07/20/2022	11	Certificate of Interested Parties by Wilmington Savings Fund Society FSB. (Sheppard, Branch) (Entered: 07/20/2022)
08/11/2022	12	MOTION to Dismiss and Motion for Summary Judgment by Wilmington Savings Fund Society FSB. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Sheppard, Branch) (Entered: 08/11/2022)
08/19/2022	13	ORDER RESETTING INITIAL PRETRIAL CONFERENCE, (Initial Pretrial Conference reset for 8/24/2022 3:30 PM before Judge Elizabeth S. Chestney,). Signed by Judge Elizabeth S. Chestney. (mgr) (Entered: 08/19/2022)
08/23/2022	14	ORDER RESETTING INITIAL PRETRIAL CONFERENCE, ( Pretrial Conference set for 9/14/2022 2:00 PM before Judge Elizabeth S. Chestney,). Signed by Judge Elizabeth S. Chestney. (mgr) (Entered: 08/24/2022)
08/23/2022	15	ORDER TO SHOW CAUSE as to Roger Jon Herrera, III, Wilmington Savings Fund Society FSB. Show Cause Response due by 9/6/2022,. Signed by Judge Elizabeth S. Chestney. (mgr) (Entered: 08/24/2022)
08/24/2022	16	Rule 26(f) Discovery Report/Case Management Plan by Wilmington Savings Fund Society FSB. (Sheppard, Branch) (Entered: 08/24/2022)
08/24/2022	17	Scheduling Recommendations by Wilmington Savings Fund Society FSB. (Sheppard, Branch) (Entered: 08/24/2022)
09/13/2022	18	ORDER CANCELING INITIAL PRETRIAL CONFERENCE. Signed by Judge Elizabeth S. Chestney. (mgr) (Entered: 09/13/2022)
09/15/2022	19	REPORT AND RECOMMENDATIONS re 1 Notice of Removal, filed by Wilmington Savings Fund Society FSB. Signed by Judge Elizabeth S. Chestney. (mgr) (Entered: 09/15/2022)
09/15/2022	20	ORDER RETURNING CASE TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Elizabeth S. Chestney. (mgr) (Entered: 09/15/2022)
09/15/2022	21	MOTION to Withdraw as Attorney by Roger Jon Herrera, III. (mgr) (Entered: 09/16/2022)
09/19/2022	22	ORDER GRANTING 21 MOTION to Withdraw as Attorney filed by Roger Jon Herrera, III. Given the procedural posture of this case, no later than October 19, 2022, Plaintiff shall either: (1) file a written advisory to the Court that he intends to proceed without counsel; (2) obtain new counsel and have that counsel enter a written appearance; (3) notify the Court that he nolonger wishes to prosecute this case and move to voluntarily dismiss this case; or (4) move for additional time to comply with this Order or respond to Defendants Motion to Dismiss. Signed by Judge Jason K. Pulliam. (mgr) (Entered: 09/19/2022)
10/17/2022	23	ORDER, ( Status Conference set for 10/19/2022 10:00 AM before Judge Jason K. Pulliam,). Signed by Judge Jason K. Pulliam. (mgr) (Entered: 10/17/2022)
10/19/2022	24	Minute Entry for proceedings held before Judge Jason K. Pulliam: Status Conference held on 10/19/2022 (Minute entry documents are not available electronically.). (Court Reporter Tish Mncivais.)(mgr) (Entered: 10/19/2022)
10/26/2022	25	ADVISORY TO THE COURT by Roger Jon Herrera, III. (bc) (Entered: 10/26/2022)
10/27/2022	26	ORDER–In accordance with Federal Rule of Civil Procedure 41(a)(2), it is ORDERED all causes of action asserted by Mr. Herrera are DISMISSED with prejudice. IT IS FURTHER ORDERED any pending motions are DENIED as moot. IT IS FURTHER ORDERED all costs and attorneys fees shall be paid by the party incurring them. The Clerk of Court is DIRECTED to close the case. Signed by Judge Jason K. Pulliam. (nm) (Entered: 10/27/2022)