Rios v. Wilmington Savings Fund Society FSB,
not in its individual capacity, but solely as Owner Trustee for CSMC 2021-NQM6 Trust, a Delaware statutory trust incorrectly named Wilmington Savings Fund Society
(5:23-cv-00043)
District Court, W.D. Texas
JAN 11, 2023 | REPUBLISHED BY LIT: JAN 31, 2023
AGREED ORDER OF DISMISSAL WITH PREJUDICE
THIS MATTER is before the Court on the parties’ Agreed Stipulation of Dismissal With Prejudice.
The premises considered; now therefore, it is ORDERED that all claims and causes of action brought by Plaintiffs, Ricardo Rios Jr. and Rigon LLC (“Plaintiffs”)
herein against Defendants, Wilmington Savings Fund Society FSB, not in its individual capacity, but solely as Owner Trustee for CSMC 2021-NQM6 Trust, a Delaware statutory trust incorrectly named Wilmington Savings Fund Society FSB (“Trustee”) and Select Portfolio Servicing, Inc. (“SPS”) (both are collectively “Defendants”)
are hereby dismissed with prejudice to re-filing same or any part thereof.
Removal to Federal Court works, it’s too expensive for the Rios’s to maintain the cost of an attorney, so the wrongful foreclosure lawsuit is dismissed with prejudice super fast.
U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:23-cv-00043-OLG
| Rios et al v. Wilmington Savings Fund Society FSB, not in its individual capacity, but solely as Owner Trustee for CSMC 2021-NQM6 Trust, a Delaware statutory trust incorrectly named Wilmington Savings Fund Society et al Assigned to: Judge Orlando L. Garcia
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 01/11/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Ricardo Rios, Jr. | represented by | Chris A. Garcia 104 Babcock Rd Suite 107 San Antonio, TX 78201 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Rigon LLC | represented by | Chris A. Garcia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Wilmington Savings Fund Society FSB, not in its individual capacity, but solely as Owner Trustee for CSMC 2021-NQM6 Trust, a Delaware statutory trust incorrectly named Wilmington Savings Fund Society TERMINATED: 01/26/2023 |
represented by | Eric C. Mettenbrink Hirsch & Westheimer, PC 1415 Louisiana 36th Floor Houston, TX 77002 (713) 220-9141 Fax: (713) 223-9319 Email: emettenbrink@hirschwest.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMichael F. Hord , Jr. Hirsch & Westheimer, PC 1415 Louisiana 36th Floor Houston, TX 77002 (713) 223-5181 Fax: (713) 223-9319 Email: mhord@hirschwest.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Select Portfolio Servicing, Inc. TERMINATED: 01/26/2023 |
represented by | Eric C. Mettenbrink (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMichael F. Hord , Jr. (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| De Cubas & Lewis, Schwartz, P.C. as substitute Trustee |
||
| Date Filed | # | Docket Text |
|---|---|---|
| 01/11/2023 | 1 | NOTICE OF REMOVAL by Select Portfolio Servicing, Inc., Wilmington Savings Fund Society FSB, not in its individual capacity, but solely as Owner Trustee for CSMC 2021-NQM6 Trust, a Delaware statutory trust incorrectly named Wilmington Savings Fund Society (Filing fee $402 receipt number ATXWDC-16947920), filed by Select Portfolio Servicing, Inc., Wilmington Savings Fund Society FSB, not in its individual capacity, but solely as Owner Trustee for CSMC 2021-NQM6 Trust, a Delaware statutory trust incorrectly named Wilmington Savings Fund Society. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Exhibit C-4, # 8 Exhibit D, # 9 Civil Cover Sheet, # 10 Supplement)(Hord, Michael) (Entered: 01/11/2023) |
| 01/12/2023 | 2 | Certificate of Interested Parties by Select Portfolio Servicing, Inc., Wilmington Savings Fund Society FSB, not in its individual capacity, but solely as Owner Trustee for CSMC 2021-NQM6 Trust, a Delaware statutory trust incorrectly named Wilmington Savings Fund Society. (Hord, Michael) (Entered: 01/12/2023) |
| 01/12/2023 | 3 | Pro Hac Vice Letter to Chris Garcia. (nm) (Entered: 01/12/2023) |
| 01/26/2023 | 4 | STIPULATION of Dismissal AGREED by Select Portfolio Servicing, Inc., Wilmington Savings Fund Society FSB, not in its individual capacity, but solely as Owner Trustee for CSMC 2021-NQM6 Trust, a Delaware statutory trust incorrectly named Wilmington Savings Fund Society. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 01/26/2023) |
| 01/27/2023 | 5 | AGREED ORDER OF DISMISSAL WITH PREJUDICE re 4 Stipulation of Dismissal, filed by Wilmington Savings Fund Society FSB, not in its individual capacity, but solely as Owner Trustee for CSMC 2021-NQM6 Trust, a Delaware statutory trust incorrectly named Wilmington Savings Fund Society, Select Portfolio Servicing, Inc.. Signed by Judge Orlando L. Garcia. (mgr) (Entered: 01/27/2023) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 01/31/2023 09:50:10 |
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