Duhon v. US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named
(4:22-cv-01161)
District Court, S.D. Texas
APR 11, 2022 | REPUBLISHED BY LIT: APR 12, 2022
Apr. 19, 2024
No response from Hord re LIT’s eMail
Email to Hirsch counsel for US Bank/SPS (Servicer)
Top of the morn’
DUHON, GERALD vs. US BANK TRUST
We’re swingin’ back to an old case as we continue to audit the fraud by performing “what happened after” the bank defeated the homeowner scenarios.
“Snap! Hirsch Westheimer is Repeatedly Removing Cases to Federal Court” https://lawsintexas.com/pr/1re
It appears that a “Trust” related to George M. Lee purchased the home after listing on HAR for only 10 days, selling for $10 according to Harris County Real Property Records.
Has your client been repaid by the homeowner or George after the purported “sale”…or…?
We’re sure the servicer will swing by and check the living arrangements – if your home is no longer part of a residential loan agreement per the deed of trust – and you’re still owed on the delinquent note.
Any response is welcome, but not anticipated.
Y’all have a great day.
Mark Burke
Justice Seeker
Laws In Texas
#restoretx
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Cheers.
Judge Norman finds no issue with the transfer of Jackson’s River Oaks home to George M. Lee…
Gerald Duhon (“Plaintiff” or “Borrower”) hereby files this Stipulation of Dismissal with Prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, and would respectfully show unto the Court as follows:
1. Plaintiff filed this lawsuit against Defendants, US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named (“Trustee”) and Select Portfolio Servicing, Inc. (“SPS”) (collectively, “Defendants”) Defendants removed the matter to this Court based on Federal Question jurisdiction.
2. Plaintiff wishes to dismiss all claims against Defendants with prejudice.
3. In conformity with Rule 41(a)(1)(A)(ii), this Stipulation is signed by all parties who have appeared in the action.
4. By this Stipulation, it is hereby stipulated that all claims and causes of action brought by the Plaintiff against Defendants, are dismissed with prejudice to re-filing same or any part thereof.
5. Plaintiff and Defendants further stipulate that all costs of court, attorney’s fees and other costs incurred are to be borne by the party incurring the same.
WHEREFORE, PREMISES CONSIDERED, all claims and causes of action brought by Plaintiff against Defendants are dismissed with prejudice by stipulation of all parties.
Respectfully submitted,
By: /s/ Gerald Duhon
Gerald Duhon, Pro Se
11322 Stoney Falls Drive
Houston, Texas 77095
Email: Jerry1duhon@yahoo.com
PRO SE PLAINTIFF
By: /s/ Michael F. Hord Jr.
Michael F. Hord, Jr.
Texas Bar No. 00784294
Eric C. Mettenbrink
Texas Bar No. 24043819
Hirsch & Westheimer, P.C.
1415 Louisiana, 36th Floor
Houston, Texas 77002
(713) 220-9182 Telephone
(713) 223-9319 Facsimile
Email: mhord@hirschwest.com
Email: emettenbrink@hirschwest.com
ATTORNEYS-IN-CHARGE FOR DEFENDANTS
| CLOSED,MAG |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01161
| Duhon v. US Bank Trust 2 Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1331 Fed. Question |
Date Filed: 04/11/2022 Date Terminated: 04/24/2023 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/31/2022 | 10 | ENTERED IN ERROR: Amended SCHEDULING and Docket Control ORDER. Amended Pleadings due by 8/2/2022. Joinder of Parties due by 06/30/2022.Plaintiff Expert Report due by 9/2/2022. Deft Expert Report due by 10/7/2022. Discovery due by 11/16/2023. Mediation due by 1/6/2023. Dispositive and Non Dispositive Motion Filing due by 12/5/2022. Joint Pretrial Order due by 3/17/2023. Docket Call set for 4/17/2023 at 09:30 AM in Courtroom 8B before Judge Charles Eskridge(Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) Modified on 5/31/2022 (MelissaMorgan, 4). (Entered: 05/31/2022) |
| 05/31/2022 | 11 | Amended SCHEDULING and Docket Control ORDER. Amended Pleadings due by 8/2/2022. Joinder of Parties due by 6/30/2022 Pltf Expert Report due by 9/2/2022. Deft Expert Report due by 10/7/2022. Discovery due by 11/16/2022. Mediation due by 1/6/2023. Dispositive Motion Filing due by 12/5/2022. Non-Dispositive Motion Filing due by 12/5/2022. Joint Pretrial Order due by 3/17/2023. Docket Call set for 4/17/2023 at 09:30 AM in Courtroom 8B before Judge Charles Eskridge(Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) (Entered: 05/31/2022) |
| 11/22/2022 | 12 | MOTION for Summary Judgment Motions referred to Christina A Bryan. by Select Portfolio Servicing, Inc., US Bank Trust National Association, filed. Motion Docket Date 12/13/2022. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 1-D, # 6 Exhibit 1-E, # 7 Exhibit 1-F, # 8 Exhibit 1-G, # 9 Proposed Order)(Hord, Michael) (Entered: 11/22/2022) |
| 03/31/2023 | 13 | ORDER re: Pending is a motion by Defendants US Bank Trust National Association and Select Portfolio Servicing Inc for summary judgment. Dkt 12. The docket call in this matter is CANCELED. The remaining deadlines in the current scheduling order are ABATED. Dkt 11. They will be reset as necessary after ruling enters upon the above motion. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 03/31/2023) |
| 04/11/2023 | 14 | MEMORANDUM AND RECOMMENDATIONS re 12 MOTION for Summary Judgment . Objections to M&R due by 4/25/2023 (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) (Entered: 04/11/2023) |
| 04/19/2023 | 15 | STIPULATION of Dismissal WITH PREJUDICE by Select Portfolio Servicing, Inc., US Bank Trust National Association, filed. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 04/19/2023) |
| 04/24/2023 | 16 | ORDER OF DISMISSAL WITH PREJUDICE. Case terminated on 04/24/2024. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 04/24/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 04/09/2024 09:56:14 |
No movement since Apr 25.
DUHON’s ORIGINAL STATE COMPLAINT
DEFENDANTS’ NOTICE OF FILING REMOVAL
On April 11, 2022, Defendants, US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named (“Trustee”) and Select Portfolio Servicing, Inc. (“SPS”) (collectively, “Defendants”) filed the attached Notice of Removal (without exhibits – documents previously filed in the above-styled case) in the Office of the Clerk of the United States District Court for the Southern District of Texas, Houston Division.
See attached Exhibit “A”.
Respectfully submitted,
HIRSCH & WESTHEIMER, P.C.
By: /s/ Michael F. Hord Jr.
Michael F. Hord Jr.
State Bar No. 00784294
Eric C. Mettenbrink
State Bar No. 24043819
1415 Louisiana,
36th Floor Houston,
Texas 77002-2772
713-220-9182 Telephone
713-223-9319 Facsimile
E-mail: mhord@hirschwest.com
Email: emettenbrink@hirschwest.com
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that on this 11th day of April, 2022 a true and correct copy of the foregoing document was served as follows:
Gerald Duhon Pro Se
11322 Stoney Falls Drive
Houston, Texas 77095
Jerry1duhon@yahoo.com
Via E-Service,
U.S. Regular Mail,
CM RRR 9414 7266 9904 2180 6014 09
/s/ Michael F. Hord Jr. Michael F. Hord Jr.
DEFENDANTS’ ORIGINAL ANSWER
Defendants, US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named (“Trustee”) and Select Portfolio Servicing, Inc. (“SPS”) (collectively, “Defendants”) file this Original Answer to Gerald Duhon’s (“Plaintiff”) Original Petition, and would respectfully show unto the Court as follows:
GENERAL DENIAL
Defendants, pursuant to Rule 92 of the Texas Rules of Civil Procedure, generally deny all of the claims as alleged by Plaintiff and respectfully pray that Plaintiff be required to prove its claims as alleged by a preponderance of the evidence or such higher standard as may be applicable.
AFFIRMATIVE DEFENSES
1. Plaintiff failed to state a claim upon which relief may be granted and therefore each of Plaintiff’s claims should be dismissed.
2. Defendants plead that Plaintiff has failed to plead and prove conditions precedent to recovery herein.
3. Defendants plead the statute of frauds.
4. Defendants plead waiver, estoppel and ratification.
5. Defendants plead a failure of consideration for any breach of contract claim, if any.
6. Defendants plead that Plaintiff lacks standing.
7. Defendants plead the statute of limitations.
8. Defendants plead res judicata and collateral estoppel.
9. Defendants plead judicial estoppel and all forms of estoppel.
10. Defendants plead that the “economic loss rule” precludes all tort claims by Plaintiff.
11. Plaintiff’s claims are precluded, in whole or part, because any alleged acts and/or omissions of Defendants were not the cause of Plaintiff’s alleged damages.
Rather, Plaintiff’s damages, if any, were proximately caused by the act, omissions or breaches of other persons and/or entities, including Plaintiff, and the acts, omissions or breaches were intervening and superseding causes of Plaintiff’s damages, if any.
12. Plaintiff’s damages, if any, were proximately caused by the acts, omissions, or breaches of other persons and entities, including Plaintiff, and the acts, omissions, or breaches were intervening and superseding causes of Plaintiff’s damages, if any.
Defendants plead the doctrine of comparative responsibility as provided in Chapter 33 of the TEX. CIV. PRAC. & REM. CODE, and its application to any tort claim (intentional or otherwise) of the Plaintiff that may be alleged against Defendants.
13. Plaintiff has failed to mitigate its damages, if any.
14. Defendants are not liable for the act, omissions, or conduct of other persons or entities not authorized to act on behalf of them and Defendants are not liable for the act, omissions of its agents, if any, who exceeded the scope of their authority.
15. Any claim for punitive or exemplary damages is subject to the limitations and constraints of Due Process found in the Fifth and Fourteenth Amendments to the United States Constitution.
16. Defendants plead bankruptcy tolling, common law tolling, equitable tolling, abandonment of any alleged acceleration of the subject loan obligations, and all tolling of the statute of limitations available at law or in equity, including but not limited to tolling under §16.063 of the Texas Civil Practice and Remedies Code.
WHEREFORE, PREMISES CONSIDERED, Defendants respectfully pray that Plaintiff takes nothing by reason of the claims alleged against it, that Defendants recover its taxable court costs, and that Defendants recover such other and further relief to which this Court deems it to be justly entitled.
Respectfully submitted,
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Envelope ID: 63453541
Status as of 4/11/2022 2:45 PM CST
Case Contacts
| Name | BarNumber | TimestampSubmitted | Status | |
| Gerald Duhon | Jerry1duhon@yahoo.com | 4/11/2022 1:56:11 PM | SENT | |
| Michael F.Hord | mhord@hirschwest.com | 4/11/2022 1:56:11 PM | SENT | |
| Eric Mettenbrink | emettenbrink@hirschwest.com | 4/11/2022 1:56:11 PM | SENT |
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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01161
Create an Alert for This Case on RECAP
| Duhon v. US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named et al Assigned to:
Cause: 28:1331 Fed. Question |
Date Filed: 04/11/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Plaintiff | ||
| Gerald Duhon | represented by | Gerald Duhon 11322 Stoney Falls Drive Houston, TX 77095 Email: Jerry1duhon@yahoo.com PRO SE |
| V. | ||
| Defendant | ||
| US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named | represented by | Eric Craig Mettenbrink Hirsch and Westheimer 1415 Louisiana 36th Floor Houston, TX 77002 713-223-5181 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 77002-2772 713-220-9182 Fax: 713-223-9319 Email: mhord@hirschwest.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Select Portfolio Servicing, Inc. | represented by | Eric Craig Mettenbrink (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMichael F Hord , Jr (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/11/2022 | 1 | NOTICE OF REMOVAL (Filing fee $ 402 receipt number ATXSDC-28012398) filed by Select Portfolio Servicing, Inc., US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Civil Cover Sheet)(Hord, Michael) (Entered: 04/11/2022) |
| 04/12/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by Select Portfolio Servicing, Inc., US Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2020-RP2 as improperly named, filed.(Hord, Michael) (Entered: 04/12/2022) |
