LIT UPDATE & COMMENTARY
FEB 11, 2024
At the time of this update, no opinion has been issued by the Fifth Circuit and no foreclosure has commenced by auction.
Bourgeois v. New Century Mortg. Corp., C.A.
FEDERAL CASE I
No. 3:17-cv-00059 (S.D. Tex. June 25, 2018)
REPUBLISHED BY LIT: MAY 7, 2022
Dismissed with Prejudice by Judge Hanks
State Bar of Texas Suspend Bourgeois Lawyer for Inadequate Representation after Bourgeois Complaint.
Thievin’ Lawyer Carl Hughes only has until 30 June, 2022 to repay the $13G’s
Judge Pulliam WDTX issued a standing order rebuffing motions to dismiss before an initial conference. Will Judge Biery and his MJ Farrer follow suit with the rapscallian Abreo, who filed a motion to dismiss along with removal to fed court? @uscourts https://t.co/11P1GcF718
— lawsinusa (@lawsinusa) May 28, 2022
Bourgeois v. Select Portfolio Servicing, Inc.
FEDERAL CASE II
(3:22-cv-00146)
District Court, S.D. Texas
MAY 6, 2022 | REPUBLISHED BY LIT: MAY 7, 2022
FINAL JUDGMENT AND ORDER OF FORECLOSURE.
Case terminated on 5/1/2023 (Signed by Judge Jeffrey V Brown) Parties notified.
(GeorgeCardenas, 3) (Entered: 05/01/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:22-cv-00146
| Bourgeois et al v. Select Portfolio Servicing, Inc. et al Assigned to: Judge Jeffrey V Brown
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 05/06/2022 Date Terminated: 05/01/2023 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/29/2022 | 26 | MOTION for Summary Judgment and Brief in Support by Select Portfolio Servicing, Inc., filed. Motion Docket Date 1/19/2023. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Proposed Order Proposed Order)(Hord, Michael) (Entered: 12/29/2022) |
| 01/19/2023 | 27 | Agreed MOTION for Extension of Time Respond to Summary Judgment ( Doc. 26) by Gwen A. Bourgeois, Timothy L. Bourgeois, filed. Motion Docket Date 2/9/2023. (Attachments: # 1 Proposed Order)(Andersen, James) (Entered: 01/19/2023) |
| 01/20/2023 | 28 | ORDER granting 27 Motion for Extension of Time; Motion-related deadline set re: 27 Agreed MOTION for Extension of Time Respond to Summary Judgment ( Doc. 26). Responses due by 1/23/2023..(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 01/20/2023) |
| 01/23/2023 | 29 | Opposed RESPONSE in Opposition to 26 MOTION for Summary Judgment and Brief in Support, filed by Gwen A. Bourgeois, Timothy L. Bourgeois. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Proposed Order)(Andersen, James) (Entered: 01/23/2023) |
| 01/24/2023 | 30 | REPLY to 29 Response in Opposition to Motion, , filed by Deutsche Bank National Trust Company, as Trustee on behalf of the Certificateholders of morgan Stanley ABS Capital I inc. Trust 2004-NC3, Mortgage Pass-through Certifiicates Series 2004-NC3, Select Portfolio Servicing, Inc.. (Hord, Michael) (Entered: 01/24/2023) |
| 01/26/2023 | 31 | First SUPPLEMENT to 29 Response in Opposition to Motion, by Gwen A. Bourgeois, Timothy L. Bourgeois, filed. (Attachments: # 1 Exhibit)(Andersen, James) (Entered: 01/26/2023) |
| 05/01/2023 | 32 | MEMORANDUM OPINION AND ORDER granting 26 MOTION for Summary Judgment and Brief in Support. The Bourgeoises motion to strike is denied. Dkt. 29.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 05/01/2023) |
| 05/01/2023 | 33 | FINAL JUDGMENT AND ORDER OF FORECLOSURE. Case terminated on 5/1/2023 (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 05/01/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 05/01/2023 17:34:18 |
Summary Judgment (motion for) filed on Dec. 29, 2022
Wrong case;
STIPULATION of Dismissal by Cecilia Parada, filed.(Whitburn, Mark) (Entered: 06/23/2022)
+++++
Minute Entry: mediation held.(rcastro, 4) – Jun 17
NOTICE of Resetting as to 29 Notice of Setting. Parties notified. Mediation time reset for *9:00 AM by video on 6/17/2022 before Magistrate Judge Andrew M Edison, filed. (rcastro, 4) (Entered: 06/08/2022)
On May 19, 2022, Michael Hord files premature motion to dismiss, before the Initial Conference.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:22-cv-00146
Create an Alert for This Case on RECAP
| Bourgeois et al v. Select Portfolio Servicing, Inc. et al Assigned to: Judge Jeffrey V Brown
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 05/06/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Timothy L. Bourgeois | represented by | James Michael Andersen Attorney at Law 17041 El Camino Real Ste 204 Houston, TX 77058 281-488-2800 Email: jandersen.law@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Gwen A. Bourgeois | represented by | James Michael Andersen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Select Portfolio Servicing, Inc. | 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 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 | ||
| Hughes, Watters & Askanase, L.L.P. | represented by | Damian W Abreo Hughes Watters Askanase, LLP 1201 Louisiana Street, 28th Floor Houston, TX 77002 713 328-2848 Fax: 713-759-6834 Email: dabreo@hwa.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Anthony Adan Garcia | represented by | Damian W Abreo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| David Paul Sunlin | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 05/09/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/10/2022 at 09:00 AM by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(VanesaAranda, 3) (Entered: 05/09/2022) |
| 05/10/2022 | 3 | CERTIFICATE OF INTERESTED PARTIES by Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 05/10/2022) |
| 05/17/2022 | 4 | ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 05/17/2022) |
| 05/17/2022 | 5 | PROTECTIVE ORDER (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 05/17/2022) |
| 05/19/2022 | 6 | MOTION to Dismiss by Hughes, Watters & Askanase, L.L.P., filed. Motion Docket Date 6/9/2022. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Abreo, Damian) (Entered: 05/19/2022) |
| 05/20/2022 | 7 | MOTION for Leave to File Complaint in Intervention and Brief in Support by Select Portfolio Servicing, Inc., filed. Motion Docket Date 6/10/2022. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Hord, Michael) (Entered: 05/20/2022) |
| 06/05/2022 | 8 | First AMENDED PETITION with Jury Demand against All Defendants filed by Timothy L. Bourgeois, Gwen A. Bourgeois. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Andersen, James) (Entered: 06/05/2022) |
| 06/06/2022 | 9 | Opposed MOTION to Remand by Gwen A. Bourgeois, Timothy L. Bourgeois, filed. Motion Docket Date 6/27/2022. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Andersen, James) (Entered: 06/06/2022) |
| 06/08/2022 | 10 | MOTION to Strike 8 Amended Complaint/Counterclaim/Crossclaim etc. by Select Portfolio Servicing, Inc., filed. Motion Docket Date 6/29/2022. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Hord, Michael) (Entered: 06/08/2022) |
| 06/08/2022 | 11 | Opposed MOTION for Continuance of Doc. 6 by Gwen A. Bourgeois, Timothy L. Bourgeois, filed. Motion Docket Date 6/29/2022. (Attachments: # 1 Proposed Order)(Andersen, James) (Entered: 06/08/2022) |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:22-cv-00146
Create an Alert for This Case on RECAP
| Bourgeois et al v. Select Portfolio Servicing, Inc. et al Assigned to: Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 05/06/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Timothy Bourgeois | represented by | Timothy Bourgeois c/o James M. Andersen 17041 El Camino Real, Suite 204 Houston, TX 77058 (281) 488-2800 Email: jandersen.law@gmail.com PRO SE |
| Plaintiff | ||
| Gwen Bourgeois | represented by | Gwen Bourgeois c/o James M. Andersen Email: jandersen.law@gmail.com PRO SE |
| V. | ||
| Defendant | ||
| Select Portfolio Servicing, Inc. | represented by | Michael 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 | ||
| Hughes, Watters & Askanase, L.L.P. | ||
| Defendant | ||
| Anthony Adan Garcia | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 05/06/2022 | 1 | NOTICE OF REMOVAL (Filing fee $ 402 receipt number ATXSDC-28137030) filed by Select Portfolio Servicing, Inc.. (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 C-5, # 9 Exhibit C-6, # 10 Exhibit D, # 11 Exhibit E, # 12 Civil Cover Sheet)(Hord, Michael) (Entered: 05/06/2022) |
ORDER
On May 19, 2022, the defendants Hughes, Watters & Askanase, L.L.P., and Anthony Garcia moved to dismiss the plaintiffs’ suit.
Dkt. 6.
The motion was not accompanied by a certificate of conference as required by Local Rule 6, which states that the court will sua sponte grant an opportunity to amend when a movant has not followed this rule.
See Galveston District Court Rules of Practice.1
The plaintiffs filed their amended complaint on June 5, outside the 14-day window contemplated by Local Rule 6.
On June 6, the plaintiffs moved to remand.
Dkt. 9.
On June 8, the defendant Select Portfolio Servicing, Inc., moved to strike the amended complaint because it was filed more than 21 days after the defendant’s responsive pleading and the plaintiffs did not seek leave of court.
Dkt. 10.
1 Available at https://www.txs.uscourts.gov/sites/txs/files/GalvestonDistrictCourtRulesofPractice.pdf
On June 8, the plaintiffs moved to continue their response date to the motion to dismiss until after the court resolves the motion to remand.
Having all that before it, the court GRANTS the motion to strike the amended complaint.
Dkt. 10.
It is hereby ordered that Dkt. 8 is STRICKEN.
The court GRANTS the motion for continuance, Dkt. 11, and orders that the response to the motion to dismiss, Dkt. 6, is continued until the court’s resolution of the motion to remand, Dkt. 9.
Signed on Galveston Island this 9th day of June, 2022.
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE
Hord Makes No Mention that Plaintiffs Lawyer in Case I, which would be Dismissed with Prejudice by Judge Hanks, was Suspended by the State Bar of Texas as a Result of His Failed Representation.
11. By way of background, this is at least the second frivolous lawsuit filed by the Plaintiffs against Defendant. In the prior lawsuit final judgment was entered in favor of Defendants on June 29, 2018 on all claims of Plaintiffs in C.A. No. 3:17-cv-00059. See Exhibit E, Amended Final Judgment.
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