LIT ANALYSIS OF JUDGE ELLISON’s DISMISSAL WITHOUT PREJUDICE
with help from ChatGTP
FEB 11, 2023
FINAL JUDGMENT, FEB 8, 2023 (ISSUED 13 DAYS AFTER RULING)
On January 26, 2023, the Court dismissed this case without prejudice for failure to prosecute.
Pursuant to Federal Rule of Civil Procedure 58(a), final judgment is hereby ENTERED for Defendant.
If your case is removed from texas state court to federal court and you fail to prosecute is dismissal with or without prejudice?
The outcome of a case being removed from Texas state court to federal court and the failure to prosecute would depend on the specific circumstances and the rules of the federal court in question. In general, if a party fails to prosecute a case in federal court, the court may dismiss the case with prejudice, meaning that the plaintiff is barred from bringing another lawsuit on the same claim, or without prejudice, meaning that the plaintiff may be able to bring another lawsuit on the same claim in the future.
The decision of whether to dismiss a case with or without prejudice is generally within the discretion of the federal court, and will depend on the specific facts and circumstances of the case, including the reasons for the failure to prosecute, the length of time that the case has been pending, and the impact of the dismissal on the parties involved.
What circumstances would dictate with prejudice?
There are several circumstances that may dictate that a case be dismissed with prejudice, including:
Willful misconduct:
If a party engages in behavior that demonstrates a clear disregard for the court’s rules or procedures, such as failing to respond to discovery requests or failing to appear for scheduled court appearances, the court may dismiss the case with prejudice as a result of the party’s willful misconduct.
Prejudicial delay:
If a party unreasonably delays the resolution of the case, causing prejudice to the other party or parties, the court may dismiss the case with prejudice.
Multiple chances: If a party has been given multiple opportunities to rectify the situation, but fails to do so, the court may dismiss the case with prejudice as a result of the party’s persistent failure to comply with the court’s rules and procedures.
Merits of the case:
If the court determines that the case is without merit, it may dismiss the case with prejudice.
Res judicata:
If the same claim has already been litigated and decided in another court, the court may dismiss the case with prejudice as a result of the doctrine of res judicata, which prohibits relitigating the same claim.
These are just some of the circumstances that may dictate that a case be dismissed with prejudice, and the specific circumstances of each case will determine whether a dismissal is with or without prejudice.
Luna v. PennyMac Loan Services, LLC
(4:21-cv-04123)
District Court, S.D. Texas
DEC 20, 2021 | REPUBLISHED BY LIT: DEC 23, 2021
Initial Conf. Mar 11, 2022 – Nothing on the Docket to Indicate Appearance or Resetting or Anything by Judge Keith Ellison
Plaintiff claims she purchased the Property from two individuals, Austin and Uaychai Foster, who had taken out a mortgage on the Property (the “Borrowers”). Plaintiff contents she had an informal arrangement with Borrowers such that they were to continue to make the payments on the home loan and they could continue to reside in the Property.
Borrowers, however, stopped making payments and defaulted on the loan. Plaintiff filed this lawsuit to prevent foreclosure. Plaintiff complains PennyMac failed to provide her, the alleged record owner of the Property, with a notice of default and notice of acceleration.
This failure, she contends, constitutes a breach of the loan contract and violations of the Texas Debt Collection Act.
She seeks injunctive relief, actual and exemplary damages, and her attorneys’ fees incurred in this action.
Rachel Luna has 2 cases percolating for months in Federal Court, both before Judge Keith Ellison. LIT wants to know why.
Case 2:
Texas Title Queen Rachel Luna’s Own Residence In Jersey Village Faces Foreclosure
March 8, 2022: Terminate Deadlines (PUBLIC ENTRY) but nothing since.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-04123
Create an Alert for This Case on RECAP
| Luna v. PennyMac Loan Services, LLC Assigned to: Judge Keith P Ellison Demand: $100,000
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 12/20/2021 Jury Demand: Both Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/21/2021 | 5 | NOTICE of Appearance by Kurt Lance Krolikowski on behalf of PennyMac Loan Services, LLC, filed. (Krolikowski, Kurt) (Entered: 12/21/2021) |
| 03/01/2022 | 6 | Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by PennyMac Loan Services, LLC, filed. (Attachments: # 1 Proposed Order)(Duffy, Elizabeth) (Entered: 03/01/2022) |
| 03/07/2022 | 7 | SCHEDULING ORDER. ETT: 3 Days. Amended Pleadings due by 5/31/2022. Joinder of Parties due by 4/18/2022 Pltf Expert Report due by 6/30/2022. Deft Expert Report due by 7/29/2022. Discovery due by 11/7/2022. Dispositive Motion Filing due by 12/14/2022. Non-Dispositive Motion Filing due by 12/14/2022. Joint Pretrial Order due by 3/13/2023. Bench Trial set for 3/20/2023 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(olindor, 4) (Entered: 03/08/2022) |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-04123
| Luna v. PennyMac Loan Services, LLC Assigned to: Judge Keith P Ellison Demand: $100,000
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 12/20/2021 Jury Demand: Both Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Rachel Luna | represented by | Rachel Luna PRO SE |
| V. | ||
| Defendant | ||
| PennyMac Loan Services, LLC | represented by | Kurt Lance Krolikowski Locke Lord LLP 600 Travis Ste 2800 Houston, TX 77002 713-226-1595 Email: kkrolikowski@lockelord.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDElizabeth Kristin Duffy Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201 214-740-8673 Email: eduffy@lockelord.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/20/2021 | 1 | NOTICE OF REMOVAL (Filing fee $ 402 receipt number 0541-27495357) filed by PennyMac Loan Services, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Duffy, Elizabeth) (Entered: 12/20/2021) |
| 12/20/2021 | 2 | CORPORATE DISCLOSURE STATEMENT by PennyMac Loan Services, LLC identifying Private National Mortgage Acceptance Company as Corporate Parent, filed.(Duffy, Elizabeth) (Entered: 12/20/2021) |
| 12/21/2021 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/11/2022 at 11:30 AM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(ShannonHoldenadi, 4) (Entered: 12/21/2021) |
| 12/21/2021 | 4 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (ShannonHoldenadi, 4) (Entered: 12/21/2021) |
| 12/21/2021 | 5 | NOTICE of Appearance by Kurt Lance Krolikowski on behalf of PennyMac Loan Services, LLC, filed. (Krolikowski, Kurt) (Entered: 12/21/2021) |
Fed. Judge Keith Ellison Discusses Agriculture, Homestead Laws, Expiry Dates and Quiet Title
In the State of Texas, the homestead has always been protected from forced sale, not merely by statute, but by the Constitution.
Houston: Southern District Federal Bankruptcy Court’s Former Chief Judge facing Civil Racketeering Charges
Michael Van Deelen retains counsel to take on the powerhouse lawyers and law firms in this high-profile federal case in Texas.
Financial Crimes: High-Powered Lawyers and Federal Judges Collude to Silence Uninvited Intervenor
Pro se litigant Van Deelen’s involvement became an irritant, an unwanted delay to the judge and lawyers thirst for financial greed.
