UPDATE
NOV. 25, 2024
Assignment of DOT (recorded 08/01/2023)
Which tells y’all that Unruh’s still in the home, despite dismissal with prejudice of his lawsuit on April 7, 2022, over 2 years 7 months ago.
This is a BDF Hopkins case about a foreclosure. The property still in Hicks name after M&R from MJ Christina Bryan and Order from Judge Bennett, some 2.5 years later (Nov. 25, 2024). The foreclosure process has never been restarted. https://t.co/pdgWL60u7J
— lawsinusa (@lawsinusa) November 25, 2024
Unruh v. Cenlar FSB
(4:22-cv-00030)
District Court, S.D. Texas
JAN 5, 2022 | REPUBLISHED BY LIT: APR 19, 2022
UNOPPOSED MOTION TO DISMISS WITH PREJUDICE
TO THE HONORABLE UNITED STATES DISTRICT COURT:
Plaintiffs Joel E. Unruh and Luz M. Unruh (“Plaintiffs”), file this Unopposed Motion to Dismiss pursuant to FED. R. CIV. P. 41(a)(2) and would respectfully show the Court the following:
The Original Petition was filed on December 5, 2021.
Defendants Cenlar FSB and Security National Mortgage Company removed this case to Federal Court on January 5, 2021.
Defendant filed its answer on January 4, 2021.
There are no pending counterclaims.
All claims are disposed of.
Each party will bear their own costs.
Accordingly, Plaintiffs file this Unopposed Motion to Dismiss with Prejudice.
Respectfully submitted this 7 day of April 2022,
B y : /s/ Robert C. Lane
Robert C. Lane
State Bar No. 24046263
S.D. Bar No. 570982
Joshua D. Gordon
State Bar No. 24091592
S.D. Tex. No. 3086982
Christopher C. West
State Bar No. 24102639
S.D. Tex. No. 3471887
chris.west@lanelaw.com
6200 Savoy Drive, Suite 1150
Houston, Texas 77036
notifications@lanelaw.com
joshua.gordon@lanelaw.com
chris.west@lanelaw.com
(713) 595-8200
(713) 595-8201 Facsimile
Attorneys for Plaintiffs
Certificate of Conference
On April 4, 2022 I conferred with counsel for Defendants regarding this motion. The motion is unopposed.
/s/ Joshua D. Gordon
Joshua D. Gordon
Certificate of Service
The undersigned attorney certifies that a true and correct copy of the foregoing instrument was electronically filed with the Clerk of Court by using the CM/ECF system and a copy of same is being served on counsel of record on this 7 day of April 2022.
Danya F. Gladney
SBOT 24059786
Nicole M. Bartee
SBOT 24001674
400 N. Sam Houston Parkway East,
Suite 900-A Houston, TX 77060
Telephone: 281-925-5200
Email: danya.gladney@tx.cslegal.com
ATTORNEYS FOR DEFENDANTS
/s/ Joshua D. Gordon
Joshua D. Gordon
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00030
| Unruh et al v. Cenlar FSB et al Assigned to: Judge George C Hanks, Jr
Cause: 28:1332 Diversity-Notice of Removal | Date Filed: 01/05/2022 Date Terminated: 04/07/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Joel E. Unruh | represented by | Robert Chamless Lane The Lane Law Firm, P.L.L.C. 6200 Savoy Drive Ste 1150 Houston, TX 77036-3300 713-595-8200 Email: notifications@lanelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Luz M. Unruh | represented by | Robert Chamless Lane (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Cenlar FSB | represented by | Danya Fuller Gladney Codilis & Moody, P.C 400 N. Sam Houston Pkwy E Ste. 900A Houston, TX 77060 281-925-5249 Email: danya.gladney@tx.cslegal.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| SecurityNational Mortgage Company | represented by | Danya Fuller Gladney (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/05/2022 | 1 | NOTICE OF REMOVAL from 152nd Judicial District, case number 2021-79087 (Filing fee $ 402 receipt number 0541-27564124) filed by Cenlar FSB, SecurityNational Mortgage Company. (Attachments: # 1 Exhibit Index, # 2 Civil Cover Sheet, # 3 Exhibit State Court File, # 4 Exhibit State Court Docket, # 5 Exhibit List of All Parties, # 6 Exhibit Harris County Appraisal District)(Gladney, Danya) (Entered: 01/05/2022) |
| 01/07/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by Cenlar FSB, SecurityNational Mortgage Company, filed.(Gladney, Danya) (Entered: 01/07/2022) |
| 01/07/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/22/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(RachelWillborgadi, 4) (Entered: 01/07/2022) |
| 01/08/2022 | 4 | ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 01/08/2022) |
| 01/08/2022 | 5 | STANDING PROTECTIVE ORDER. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 01/08/2022) |
| 01/13/2022 | 6 | CERTIFICATE OF INTERESTED PARTIES by Joel E. Unruh, Luz M. Unruh, filed.(Lane, Robert) (Entered: 01/13/2022) |
| 02/23/2022 | 7 | INITIAL DISCLOSURES by Cenlar FSB, filed.(Gladney, Danya) (Entered: 02/23/2022) |
| 03/03/2022 | 8 | INITIAL DISCLOSURES by Joel E. Unruh, Luz M. Unruh, filed.(Lane, Robert) (Entered: 03/03/2022) |
| 04/07/2022 | 9 | Unopposed MOTION to Dismiss with Prejudice by Joel E. Unruh, Luz M. Unruh, filed. Motion Docket Date 4/28/2022. (Attachments: # 1 Proposed Order)(Lane, Robert) (Entered: 04/07/2022) |
| 04/07/2022 | 10 | ORDER OF DISMISSAL WITH PREJUDICE granting 9 Unopposed MOTION to Dismiss with Prejudice. Case terminated on 4/7/2022.(Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 04/07/2022) |
justice
