Neuse v. Champion Mortgage Company
(7:22-cv-00411)
District Court, S.D. Texas
DEC 1, 2022 | REPUBLISHED BY LIT: MAR 12, 2023
Last visit/update; Aug. 9, 2023
AMENDED JOINT STIPULATION OF DISMISSAL
Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff Russell Glenn Neuse (“Plaintiff”) and Defendant Champion Mortgage Company (“Defendant”, and together with Plaintiff, “the Parties”) file this their Amended Joint Stipulation of Dismissal (the “Stipulation”) and respectfully show the Court as follows:
The Parties have reached an agreement for Plaintiff to dismiss his claims against Defendant with prejudice. As such, in accordance with their agreement, the Parties request that the Court sign an order:
1. That this Stipulation of Dismissal is granted; and
2. That all of the claims brought in this Action by Plaintiff against Defendant are dismissed with prejudice to the re-filing of same;
3. The Parties agree to be responsible for their own attorney’s fees and costs incurred in all matters related to this lawsuit.
The foregoing is stipulated by the Parties by and through their respective counsel of record.
Respectfully submitted,
By: /s/ Russell Glenn Neuse with permission by Mark D. Cronenwett
RUSSELL GLENN NEUSE
2115 Ichabod Lane
Edinburg, Texas 78539
Neusetexas1@gmail.com
Pro Se Plaintiff
And
By: /s/ Mark D. Cronenwett
MARK D. CRONENWETT
Texas Bar No. 00787303
Southern Dist. No. 21340
mcronenwett@mwzmlaw.com
MACKIE WOLF ZIENTZ & MANN, P. C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
Telephone: (214) 635-2650
Facsimile: (214) 635-2686
Attorneys for Defendant
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00411
| Neuse v. Champion Mortgage Company Assigned to: Judge Ricardo H Hinojosa Cause: 28:1331 Fed. Question: Breach of Contract |
Date Filed: 12/01/2022 Date Terminated: 08/15/2023 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/12/2023 | 13 | MOTION for Mark D. Cronenwett to Appear as TELEPHONICALLY OR VIA ZOOM by Champion Mortgage Company, filed. Motion Docket Date 5/3/2023. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) (Entered: 04/12/2023) |
| 05/10/2023 | 14 | NOTICE of Resetting. Parties notified. Motion Hearing reset for 6/23/2023 at 04:00 PM before Judge Ricardo H Hinojosa, filed. (KathrynNelson, 7) (Entered: 05/10/2023) |
| 06/15/2023 | 15 | Unopposed MOTION for Mark D. Cronenwett to Appear as Telephonically or Via Zoom by Champion Mortgage Company, filed. Motion Docket Date 7/6/2023. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) (Entered: 06/15/2023) |
| 08/02/2023 | 16 | NOTICE of Setting. Parties notified. Status Conference set for 8/18/2023 at 04:00 PM before Judge Ricardo H Hinojosa, filed. (KathrynNelson, 7) (Entered: 08/02/2023) |
| 08/14/2023 | 17 | STIPULATION of Dismissal by Champion Mortgage Company, filed. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) (Entered: 08/14/2023) |
| 08/14/2023 | 18 | STIPULATION of Dismissal Amended Joint by Champion Mortgage Company, filed. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) (Entered: 08/14/2023) |
| 08/15/2023 | 19 | ORDER OF DISMISSAL. Case terminated on 08/15/23 (Signed by Judge Ricardo H Hinojosa) Parties notified.(KarenLLopez, 7) (Entered: 08/15/2023) |
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| 10/06/2023 14:46:12 |
Notice of Setting (FORM, noticing) – Civil
THIS IS THE STANDARD FOR TRANSPARENCY IN FEDERAL COURTS IN 2023 WHEN LIT's WATCHIN'
Oh, consolidation alert….after this event…
MOTION (Application) for Writ of Injunction, by Champion Mortgage Company, filed. Motion Docket Date 1/26/2023.
(Attachments: # 1 Proposed Order)
(Cronenwett, Mark) (Entered: 01/05/2023)
An Application for Writ of Injunction is a legal request made to a federal court by a property owner seeking to stop a particular action related to their real property. The writ of injunction is a court order that prohibits a person or entity from doing something that could cause harm or damage to the property owner’s interests.
In the context of real property, an application for a writ of injunction may be filed by a property owner against a developer, government agency, neighbor, or other party who is allegedly interfering with their property rights. Some common situations where a writ of injunction may be sought include:
- A developer building on property that the property owner believes is encroaching on their land
- A neighbor engaging in conduct that is causing damage to the property owner’s land or interfering with their use and enjoyment of the property
- A government agency attempting to seize or condemn the property for public use without just compensation
To obtain a writ of injunction, the property owner must demonstrate to the court that they will suffer irreparable harm if the defendant’s conduct is allowed to continue and that there is a likelihood of success on the merits of their underlying claims. If granted, the writ of injunction will require the defendant to cease the offending conduct immediately and may also require them to take certain actions to remedy any harm that has already occurred.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00411
| Neuse v. Champion Mortgage Company Assigned to: Judge Ricardo H Hinojosa Cause: 28:1331 Fed. Question: Breach of Contract |
Date Filed: 12/01/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Russell Glenn Neuse | represented by | Russell Glenn Neuse 2115 Ichabod Lane Edinburg, TX 78539 (956) 250-9167 PRO SE |
| V. | ||
| Defendant | ||
| Champion Mortgage Company | represented by | Vivian Nahir Lopez Mackie Wolf Zientz & Mann, PC 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 939-264-2474 Email: vlopez@mwzmlaw.com ATTORNEY TO BE NOTICEDMark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 N. Dallas Parkway, Ste. 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com ATTORNEY TO BE NOTICED |
| V. | ||
| Consol Defendant | ||
| PHH Mortgage Corporation | represented by | Vivian Nahir Lopez (See above for address) ATTORNEY TO BE NOTICEDMark Douglas Cronenwett (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/01/2022 | 1 | NOTICE OF REMOVAL from 370th Judicial District, Hidalgo County, Texas, case number C-4597-22-G (Filing fee $ 402 receipt number ATXSDC-29141164) filed by Champion Mortgage Company. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 12/01/2022) |
| 12/01/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by Champion Mortgage Company, filed.(Cronenwett, Mark) (Entered: 12/01/2022) |
| 12/01/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/6/2023 at 02:30 PM before Judge Ricardo H Hinojosa (by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7) (Entered: 12/01/2022) |
| 12/01/2022 | 4 | MOTION to Vacate by Champion Mortgage Company, filed. Motion Docket Date 12/22/2022. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Cronenwett, Mark) (Entered: 12/01/2022) |
| 12/02/2022 | 5 | SUPPLEMENT to 4 MOTION to Vacate by Champion Mortgage Company, filed. (Attachments: # 1 Exhibit)(Cronenwett, Mark) (Entered: 12/02/2022) |
| 12/08/2022 | 6 | ANSWER to 1 State Court Petition/Notice of Removal by Champion Mortgage Company, filed.(Cronenwett, Mark) (Entered: 12/08/2022) |
| 12/28/2022 | 7 | Unopposed MOTION for Mark D. Cronenwett to Appear as Unopposed Motion to Appear Telephonically or Via Zoom by Champion Mortgage Company, filed. Motion Docket Date 1/18/2023. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) (Entered: 12/28/2022) |
| 12/28/2022 | 8 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Champion Mortgage Company, filed.(Cronenwett, Mark) (Entered: 12/28/2022) |
| 01/05/2023 | 9 | MOTION (Application) for Writ of Injunction, by Champion Mortgage Company, filed. Motion Docket Date 1/26/2023. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) (Entered: 01/05/2023) |
| 02/06/2023 | 10 | NOTICE of No Response to Defendant’s Application for Writ of Injunction by Champion Mortgage Company, filed. (Attachments: # 1 Exhibit)(Cronenwett, Mark) (Entered: 02/06/2023) |
| 03/01/2023 | 11 | ORDER TO CONSOLIDATE CASES: Lead Case No. 7:22-cv-411 and Member Case No. 7:23-cv-3. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 03/01/2023) |
| 03/07/2023 | 12 | NOTICE of Setting. Parties notified. Motion Hearing set for 4/13/2023 at 04:00 PM before Judge Ricardo H Hinojosa, filed. (KathrynNelson, 7) (Entered: 03/07/2023) |
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| 03/12/2023 09:58:17 |
Neuse v. PHH Mortgage Corporation
(7:23-cv-00003)
District Court, S.D. Texas
DO NOT DOCKET. CASE IS CONSOLIDATED UNDER 7:22-CV-411.
JAN 3, 2023 | REPUBLISHED BY LIT: JAN 31, 2023
APR. 19 UPDATE
NOTICE of Setting. Parties notified.
Motion Hearing set for 4/13/2023 at 04:00 PM before Judge Ricardo H Hinojosa, filed.
(KathrynNelson, 7) (Entered: 03/07/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:23-cv-00003
| Neuse v. PHH Mortgage Corporation Assigned to: Judge Micaela Alvarez Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 01/03/2023 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Russell Glenn Neuse | represented by | Russell Glenn Neuse 2115 Ichabod Lane Edinburg, TX 78539 PRO SE |
| V. | ||
| Defendant | ||
| PHH Mortgage Corporation | represented by | Mark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 N. Dallas Parkway, Ste. 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/03/2023 | 1 | NOTICE OF REMOVAL from Probate Court of Hidalgo County, Texas, case number P-38, 699 (Filing fee $ 402 receipt number ATXSDC-29264525) filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 01/03/2023) |
| 01/03/2023 | 2 | CERTIFICATE OF INTERESTED PARTIES by PHH Mortgage Corporation, filed.(Cronenwett, Mark) (Entered: 01/03/2023) |
| 01/03/2023 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/13/2023 at 09:00 PM before Judge Micaela Alvarez, with the parties’ Joint Discovery/Case Management Plan due at least 10 days prior.(by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 01/03/2023) |
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| 01/31/2023 10:48:41 |
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