LIT COMMENTARY & UPDATE
Jul 27, 2024
Damian W. Abreo
Senior Counsel
Over twenty years, I have successfully represented plaintiffs and defendants in state and federal trial courts throughout Texas, several Texas Courts of Appeal and the United States Court of Appeal for the Fifth Circuit.
For the past fifteen years, my practice has been focused on litigation involving creditors’ rights, real estate transactions and title issues, corporate dissolutions, and construction disputes.
Litigation is about winning and winning is a function of being aggressive, proactive, and prepared. Winning means achieving the best possible outcome for the client whether by application of legal force, seeking a solution that makes business sense, or both.
My name is Damian Abreo. I solve problems.
Mr. Abreo is Senior Counsel whose practice is concentrated primarily in the areas of commercial litigation, real estate, mortgage banking, and creditors´ rights. He has extensive expertise in default servicing (bankruptcy, foreclosures, and evictions) and civil trial and appellate practice.
Managed bankruptcy actions for Freddie Mac and Fannie Mae under the Designated Counsel and Retained Counsel Programs until termination of those programs and thereafter and currently represents those GSEs and their servicers.
Primary trial counsel for several auto dealerships, oil field service companies, construction companies, and mortgage servicing entities.
Defended lenders in actions filed by borrowers under state and federal statues and Texas common law in state and federal courts throughout Texas.
Represented lenders as lienholders and claimants in federal criminal forfeiture actions.
Norman v. Community Loan Servicing, LLC
(3:22-cv-00841)
District Court, N.D. Texas
APR 14, 2022 | REPUBLISHED BY LIT: APR 30, 2022
Joint MOTION to Dismiss With Prejudice GRANTED.
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-00841-B
| Norman et al v. Community Loan Servicing, LLC Assigned to: Judge Jane J Boyle
Cause: 28:1444 Petition for Removal- Foreclosure |
Date Filed: 04/14/2022 Date Terminated: 05/04/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/28/2022 | 7 | ELECTRONIC ORDER granting 6 Motion to Substitute Attorney. (Ordered by Judge Jane J Boyle on 4/28/2022) (chmb) (Entered: 04/28/2022) |
| 05/03/2022 | 8 | Joint MOTION to Dismiss With Prejudice filed by Community Loan Servicing, LLC (Attachments: # 1 Proposed Order) (Hayes, Elizabeth) (Entered: 05/03/2022) |
| 05/04/2022 | 9 | ELECTRONIC ORDER granting 8 Motion to Dismiss. Plaintiffs’ claims against Defendant are hereby DISMISSED WITH PREJUDICE. (Ordered by Judge Jane J Boyle on 5/4/2022) (chmb) (Entered: 05/04/2022) |
| 05/04/2022 | 10 | FINAL JUDGMENT: All claims Plaintiffs asserted, or could have asserted, against Defendant in this lawsuit are hereby DISMISSED WITH PREJUDICE. (Ordered by Judge Jane J Boyle on 5/4/2022) (svc) (Entered: 05/05/2022) |
UNOPPOSED MOTION TO SUBSTITUTE COUNSEL
Defendant Community Loan Servicing, LLC (“Defendant”) files this Unopposed Motion to Substitute Counsel (the “Unopposed Motion”), and in support thereof shows the Court as follows:
1. Counsel of record for Defendant in the above-styled and numbered cause is currently Damian W. Abreo of Hughes Watters Askanase, LLP (“HWA”).
(Moved to Irelan McDaniel in 2024)
2. Defendant respectfully requests leave from this Court to substitute Marc D. Cabrera and Elizabeth Hayes of Polsinelli PC as counsel for Defendant in the above-styled and numbered cause.
All future correspondence from the Court and counsel should be directed to Marc D. Cabrera and Elizabeth Hayes at the address identified herein.
3. HWA consents to this substitution and Defendant respectfully requests that the Court allow Damian W. Abreo of HWA to withdraw as counsel of record for Defendant in the above-styled and numbered cause.
4. The granting of this Unopposed Motion will not result in prejudice or harm to Plaintiffs Andrew G. Norman and Carol Lynn Norman (“Plaintiffs”).
5. Defendant’s counsel has conferred with counsel for Plaintiffs in this matter and Plaintiffs are not opposed to the relief sought herein.
6. This Unopposed Motion is for good cause and is not sought for delay, but so that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests that the Court grant this Unopposed Motion, and prays that Marc D. Cabrera and Elizabeth Hayes of Polsinelli PC be substituted as counsel for Defendant and that all future communications and notices in this matter be sent to Marc D. Cabrera and Elizabeth Hayes of Polsinelli PC, 2950 N. Harwood Street, Suite 2100, Dallas, Texas 75201.
Defendant also prays for such other and further relief to which it may show itself justly entitled.
Respectfully submitted,
/s/ Elizabeth Hayes
Marc D. Cabrera
State Bar No. 24069453 mcabrera@polsinelli.com Elizabeth Hayes
State Bar No. 24069001 ehayes@polsinelli.com POLSINELLI PC
2950 N. Harwood Street, Suite 2100
Dallas, TX 75201
T: (214) 397-0030
F: (214) 397-0033
ATTORNEYS FOR DEFENDANT
/s/ Damian W. Abreo
Damian W. Abreo
State Bar No. 24006728
S.D. Bar No. 28635
HUGHES WATTERS ASKANASE, LLP
Total Plaza
1201 Louisiana Street, 28th Floor Houston, Texas 77002
T: (713) 759-0818
F: (713) 759-6834
WITHDRAWING ATTORNEYS FOR DEFENDANT
CERTIFICATE OF CONFERENCE
The undersigned hereby certifies that counsel for Defendant conferred with counsel for Plaintiffs regarding the relief sought herein and that Plaintiffs is unopposed to the relief sought herein.
/s/ Elizabeth Hayes Attorney for Defendant
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon all counsel of record via ECF pursuant to the Federal Rules of Civil Procedure on this 27th day of April, 2022.
/s/ Elizabeth Hayes Attorney for Defendant
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U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-00841-B
Create an Alert for This Case on RECAP
| Norman et al v. Community Loan Servicing, LLC Assigned to: Judge Jane J Boyle
Cause: 28:1444 Petition for Removal- Foreclosure |
Date Filed: 04/14/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Andrew G. Norman | represented by | Kerry L Prisock 1371 Hayward Drive Rockwall, TX 75087 214-632-3823 Fax: 469-252-7496 Email: kprisocklegal@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| Plaintiff | ||
| Carol Lynn Norman | represented by | Kerry L Prisock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| V. | ||
| Defendant | ||
| Community Loan Servicing, LLC | represented by | Marc Daniel Cabrera Polsinelli PC 2950 N. Hardwood Suite 2100 Dallas, TX 75201 214-397-0030 Fax: 214-397-0033 Email: mcabrera@polsinelli.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingDamian William Abreo Hughes Watters Askanase LLP 1201 Louisiana St 28th Floor Houston, TX 77002 713-328-2848 Fax: 713-759-6834 Email: dabreo@hwa.com TERMINATED: 04/28/2022 Bar Status: Admitted/In Good StandingElizabeth Frances Hayes Polsinelli PC 2950 N. Harwood Street Suite 2100 Dallas, TX 75201 214-661-5511 Fax: 214-594-5571 Email: ehayes@polsinelli.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/14/2022 | 1 | NOTICE OF REMOVAL filed by Community Loan Servicing, LLC. (Filing fee $402; receipt number 0539-12750914) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Declaration(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s)) (Abreo, Damian) (Entered: 04/14/2022) |
| 04/14/2022 | 2 | New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (jmg) (Entered: 04/14/2022) |
| 04/15/2022 | 3 | STATUS REPORT ORDER: Joint Status Report due by 5/6/2022. (Ordered by Judge Jane J Boyle on 4/15/2022) (ndt) (Entered: 04/15/2022) |
| 04/27/2022 | 4 | NOTICE of Attorney Appearance by Marc Daniel Cabrera on behalf of Community Loan Servicing, LLC. (Filer confirms contact info in ECF is current.) (Cabrera, Marc) (Entered: 04/27/2022) |
| 04/27/2022 | 5 | NOTICE of Attorney Appearance by Elizabeth Frances Hayes on behalf of Community Loan Servicing, LLC. (Filer confirms contact info in ECF is current.) (Hayes, Elizabeth) (Entered: 04/27/2022) |
| 04/27/2022 | 6 | Unopposed MOTION to Substitute Attorney, added attorney Marc D. Cabrera and added attorney Elizabeth Frances Hayes. Motion filed by Community Loan Servicing, LLC (Attachments: # 1 Proposed Order) (Hayes, Elizabeth) (Entered: 04/27/2022) |
| 04/28/2022 | 7 | ELECTRONIC ORDER granting 6 Motion to Substitute Attorney. (Ordered by Judge Jane J Boyle on 4/28/2022) (chmb) (Entered: 04/28/2022) |
