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CAUSE NO. 096-246012-10
MARK DOUGLAS STOKES and § IN THE DISTRICT COURT OF
MELINDA K. STOKES §
§
v. §
§
MICHAEL W. PERRY, AND/OR HIS §
SUCCESSOR, INDIVIDUALLY, AND §
IN HIS OFFICIAL CAP A CITY AS CEO §
OF INDYMAC MORTGAGE SERVICES, §
§
TERRY LAUGHLIN, AND/OR HIS §
SUCCESSOR, INDIVIDUALLY, AND §
IN HIS OFFICIAL CAP A CITY AS §
PRESIDENT & CEO OF ONEWEST §
BANK, §
§
DEUTSCHE BANK NATIONAL TRUST §
COMPANY, ET AL., §
§
BRENDETTA A. SCOTT, AND/OR §
THEIR SUCCESSORS, INDIVIDUALLY §
AND IN THEIR OFFICIAL CAP A CITIES §
AS OFFICERS OF HUGHES, WATTERS,§
& ASKANASE, L.L.P. § 96TH JUDICIAL DISTRICT
SECOND AMENDED ANSWER OF BRENDETTA A. SCOTT, SUBJECT TO
DEFENDANT'S MOTION TO STRIKE [AMENDED) COMPLAINT
FILED ON APRIL 28,2011 AND
DISMISS CLAIMS AGAINST BRENDETTA A. SCOTT
Subject to Defendant's Motion to Strike Plaintiffs' [Amended] Complaint filed on April
28, 2011 and Dismiss Claims Against Brendetta A. Scott, Defendant, BRENDETTA A. SCOTT
("Defendant"), files her Second Amended Answer, as follows:
1. Pursuant to TEX. Ctv. PRAC. & REM. CODE, § 30.014, Defendant Brendetta A.
Scott is an individual and the last three digits of her Texas Driver's License are 443 and the last
three digits of her Social Security Number are 388.
1714933-1 :I WB:0521
I. GENERAL DENIAL
2. Defendant generally denies the allegations contained in Plaintiffs' [Amended]
Complaint filed on April 28, 2011 and upon final trial or hearing hereof will require strict proof
in accordance with the laws ofthe State of Texas and United States Constitution.
II. SPECIFIED DENIALS
3. To the extent that Defendant may be required to respond to Plaintiffs' Notice and
Finding of Fact, Plaintiffs' 41h Writ of Error Quae Coram Nobis Resident or Plaintiffs Response
to Order Granting Special Exceptions and Motion to Deem Magistrate Charles Bliel's
Underlying Judgment a Nullity, which is denied, Defendant objects to the relief requested.
Defendant denies that Plaintiffs' are entitled to any of the relief requested and asserts that
Plaintiffs have already waived their right to relief. Defendant further denies that Plaintiffs are
entitled to request a new citation be issued to Scott in the same case since Plaintiffs causes of
action have already been dismissed as to Scott.
4. All actions and rulings that Plaintiffs complain of were undertaken by the
presiding judge with the full authority of the Court and with the consent of the Plaintiffs.
Plaintiffs never filed a written objection to the assigned judge or motion to recuse or disqualify
any assigned judge in this case prior to any hearing. Since no written motion or objection was
timely made prior to the hearings on October 8, 2010 or December 10, 2010, any complaint
regarding the hearings and the rulings subsequent to the hearings have been waived.
III. AFFIRMATIVE DEFENSES
5. There is no contract or agreement by or between Plaintiffs and Defendant.
Therefore, there is no breach of any contract that can be asserted against Defendant.
6. Defendant claims the statute of frauds as a defense to Plaintiffs' claims.
1958401-1 :I WBL:0003
7. Defendant pleads all applicable statues of limitations, including those under
federal and state law including one, two, and four-year statutes.
8. Defendant affirmatively asserts that the damages, if any, were caused or
contributed to by Plaintiffs' breach of contract, fault, or non-performance of contractual
obligations.
9. Defendant pleads the truth as a defense.
I 0. Defendant asserts failure to mitigate damages, the existence of which 1s
specifically denied.
WHEREFORE, Defendant, BRENDETIA A. SCOTI requests that Plaintiffs take
nothing by their suit.
Respectfully submitted,
ATTERS & ASKANASE, L.L.P.
C. EdH rr I TBN: 09042500
Cheryl R. orley TBN: 24004565
333 Clay, 29th Floor
Houston, Texas 77002
(713) 759-0818- Phone
(713) 759-6834- Fax
eharrell@hwa.com
cworley@hwa.com
ATIORNEYS FOR DEFENDANT
BRENDETTA A. SCOTT
1958401-1: I WBL:0003
...
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on May 12, 2011, a true and correct copy of the foregoing
document was served via certified mail, return receipt requested:
Mark Douglas Stokes via certified mail, return receipt requested and regular mail
Melinda Kay Stokes
5317 Rustic Trail
Colleyville, TX 76034
Ch~
Prose
1958401-1 :I WBL:0003
-_--_______,.--
- - - - - - - - -
HughesWattersAskanase
CHERYL R. WORLEY
ASSOCIATE
cworley@hwa.com
Direct Dial: 713-328-2829
May 12,2011
Clerk of the Court Via Federal Express
352°d District Court of Tarrant County
401 West Belknap Street
Fort Worth, TX 76102-1913
Re: Cause No. 096-246012-10; Mark Douglas Stokes and Melinda K. Stokes; In
the 961h Judicial District Court of Tarrant, County, Texas
To Whom It May Concern:
Enclosed please find for filing in due order of pleadings:
1. Defendant's Motion to Strike Plaintiffs [Amended] Complaint Filed on April 28,
2011 and Dismiss Claims Against Brendetta A. Scott;
2. Second Amended Answer of Brendetta A. Scott, Subject to Defendant's Motion
to Strike [Amended] Complaint Filed on April 28, 2011 and Dismiss Claims
Against Brendetta A. Scott; and
3. Fiat in order to set the Hearing on Defendant's Motion to Strike Plaintiffs
[Amended] Complaint Filed on April 28, 2011 and Dismiss Claims Against
Brendetta A. Scott.
Please file-stamp the extra copy and return in the self-addressed envelope for our file.
-,
:r: ,
......
Thank you for your assistance. Cl~ e .-..
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CAUSE NO. 096-246012-10 MARK DOUGLAS STOKES and § IN THE DISTRICT COURT OF MELINDA K. STOKES § § v. § § MICHAEL W. PERRY, AND/OR HIS § SUCCESSOR, INDIVIDUALLY, AND § IN HIS OFFICIAL CAP A CITY AS CEO § OF INDYMAC MORTGAGE SERVICES, § § TERRY LAUGHLIN, AND/OR HIS § SUCCESSOR, INDIVIDUALLY, AND § IN HIS OFFICIAL CAP A CITY AS § PRESIDENT & CEO OF ONEWEST § BANK, § § DEUTSCHE BANK NATIONAL TRUST § COMPANY, ET AL., § § BRENDETTA A. SCOTT, AND/OR § THEIR SUCCESSORS, INDIVIDUALLY § AND IN THEIR OFFICIAL CAP A CITIES § AS OFFICERS OF HUGHES, WATTERS,§ & ASKANASE, L.L.P. § 96TH JUDICIAL DISTRICT SECOND AMENDED ANSWER OF BRENDETTA A. SCOTT, SUBJECT TO DEFENDANT'S MOTION TO STRIKE [AMENDED) COMPLAINT FILED ON APRIL 28,2011 AND DISMISS CLAIMS AGAINST BRENDETTA A. SCOTT Subject to Defendant's Motion to Strike Plaintiffs' [Amended] Complaint filed on April 28, 2011 and Dismiss Claims Against Brendetta A. Scott, Defendant, BRENDETTA A. SCOTT ("Defendant"), files her Second Amended Answer, as follows: 1. Pursuant to TEX. Ctv. PRAC. & REM. CODE, § 30.014, Defendant Brendetta A. Scott is an individual and the last three digits of her Texas Driver's License are 443 and the last three digits of her Social Security Number are 388. 1714933-1 :I WB:0521 I. GENERAL DENIAL 2. Defendant generally denies the allegations contained in Plaintiffs' [Amended] Complaint filed on April 28, 2011 and upon final trial or hearing hereof will require strict proof in accordance with the laws ofthe State of Texas and United States Constitution. II. SPECIFIED DENIALS 3. To the extent that Defendant may be required to respond to Plaintiffs' Notice and Finding of Fact, Plaintiffs' 41h Writ of Error Quae Coram Nobis Resident or Plaintiffs Response to Order Granting Special Exceptions and Motion to Deem Magistrate Charles Bliel's Underlying Judgment a Nullity, which is denied, Defendant objects to the relief requested. Defendant denies that Plaintiffs' are entitled to any of the relief requested and asserts that Plaintiffs have already waived their right to relief. Defendant further denies that Plaintiffs are entitled to request a new citation be issued to Scott in the same case since Plaintiffs causes of action have already been dismissed as to Scott. 4. All actions and rulings that Plaintiffs complain of were undertaken by the presiding judge with the full authority of the Court and with the consent of the Plaintiffs. Plaintiffs never filed a written objection to the assigned judge or motion to recuse or disqualify any assigned judge in this case prior to any hearing. Since no written motion or objection was timely made prior to the hearings on October 8, 2010 or December 10, 2010, any complaint regarding the hearings and the rulings subsequent to the hearings have been waived. III. AFFIRMATIVE DEFENSES 5. There is no contract or agreement by or between Plaintiffs and Defendant. Therefore, there is no breach of any contract that can be asserted against Defendant. 6. Defendant claims the statute of frauds as a defense to Plaintiffs' claims. 1958401-1 :I WBL:0003 7. Defendant pleads all applicable statues of limitations, including those under federal and state law including one, two, and four-year statutes. 8. Defendant affirmatively asserts that the damages, if any, were caused or contributed to by Plaintiffs' breach of contract, fault, or non-performance of contractual obligations. 9. Defendant pleads the truth as a defense. I 0. Defendant asserts failure to mitigate damages, the existence of which 1s specifically denied. WHEREFORE, Defendant, BRENDETIA A. SCOTI requests that Plaintiffs take nothing by their suit. Respectfully submitted, ATTERS & ASKANASE, L.L.P. C. EdH rr I TBN: 09042500 Cheryl R. orley TBN: 24004565 333 Clay, 29th Floor Houston, Texas 77002 (713) 759-0818- Phone (713) 759-6834- Fax eharrell@hwa.com cworley@hwa.com ATIORNEYS FOR DEFENDANT BRENDETTA A. SCOTT 1958401-1: I WBL:0003 ... CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 12, 2011, a true and correct copy of the foregoing document was served via certified mail, return receipt requested: Mark Douglas Stokes via certified mail, return receipt requested and regular mail Melinda Kay Stokes 5317 Rustic Trail Colleyville, TX 76034 Ch~ Prose 1958401-1 :I WBL:0003 -_--_______,.-- - - - - - - - - - HughesWattersAskanase CHERYL R. WORLEY ASSOCIATE cworley@hwa.com Direct Dial: 713-328-2829 May 12,2011 Clerk of the Court Via Federal Express 352°d District Court of Tarrant County 401 West Belknap Street Fort Worth, TX 76102-1913 Re: Cause No. 096-246012-10; Mark Douglas Stokes and Melinda K. Stokes; In the 961h Judicial District Court of Tarrant, County, Texas To Whom It May Concern: Enclosed please find for filing in due order of pleadings: 1. Defendant's Motion to Strike Plaintiffs [Amended] Complaint Filed on April 28, 2011 and Dismiss Claims Against Brendetta A. Scott; 2. Second Amended Answer of Brendetta A. Scott, Subject to Defendant's Motion to Strike [Amended] Complaint Filed on April 28, 2011 and Dismiss Claims Against Brendetta A. Scott; and 3. Fiat in order to set the Hearing on Defendant's Motion to Strike Plaintiffs [Amended] Complaint Filed on April 28, 2011 and Dismiss Claims Against Brendetta A. Scott. Please file-stamp the extra copy and return in the self-addressed envelope for our file. -, :r: , ...... Thank you for your assistance. Cl~ e .-.. : -~-- (/i -.:-~ -- = :>- -< ,#<~ ,;