On September 30, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Jones, Guy,
Jones, Marla,
and
Mr Cooper,
Nationstar Mortgage Llc,
The Bank Of New York As Trustee For Cerificateholders Of Cwabs Inc,
The Bank Of New York Mellon (Fka The Bank Of New York As Trustee For,
for FORECLOSURE
in the District Court of Harris County.
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CAUSE NO. 2019-71004
GUY JONES and MARLA JONES, IN THE DISTRICT COURT OF
Plaintiffs,
HARRIS COUNTY, TEXAS
THE BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK, AS
TRUSTEE FOR CERTIFICATEHOLDERS
OF CWABS, INC. and NATIONSTAR
MORTGAGE LLC D/B/A MR. COOPER,
Defendants. 190th JUDICIAL DISTRICT
DEFENDANTS' VERIFIED MOTION TO RETAIN
In advance of the DWOP [dismissal for want of prosecution] setting now scheduled for
February 7, 2023, the Defendants file this Verified Motion to Retain.
1 The Defendants answered the Plaintiffs' petition. The parties then exchanged
written discovery. Discovery is complete.
2 On or about February 8, 2021, the Parties agreed to hold a mediation with Zeleskey
Mediation. Said mediation occurred on March 4, 2021.
3 On March 4, 2021, the mediation was held and the Parties settled all issues in the
case.
4. As required by the mediated settlement agreement (MSA), counsel for the
Defendants reduced the settlement terms to writing and provided the agreement to the Plaintiffs.
5 On April 28, 2021, Zeleskey Mediation entered a letter with Court confirming the
mediation was held and that the parties "settled all issues in the case" at mediation.
6. Yet, Plaintiffs have not signed the settlement agreement.
7
On May 14, 2021, the Defendants filed their Motion to Enforce the Settlement
Agreement.
Wherefore, Defendants pray that this case be retained on the Court's docket and for such
further relief to which she may show justly entitled.
Date: February 6, 2023 Respectfully submitted,
/s/ Matthew Durham
MATTHEW DURHAM, SBN: 24040226
mdurham@mcguirewoods.com
MCGUIREWOODS LLP
2000 McKinney Avenue, Suite 1400
Dallas, Texas 75201
Telephone: 214.932.6400
Facsimile: 214.932.6499
ATTORNEY FOR THE BANK OF NEW
YORK MELLON F/K/A THE BANK OF
NEW YORK, AS TRUSTEE FOR
CERTIFICATEHOLDERS OF CWABS,
INC., and NATIONSTAR MORTGAGE
LLC D/B/A MR. COOPER
CERTIFICATE OF SERVICE
Thereby certify that on February 6, 2023, a copy of the foregoing document was served via
TexFile/e-file as follows, and via U.S. Mail-First Class.
Mr. and Mrs. Guy and Marla Jones
7025 East Alpine Drive
Houston, Texas 77061
Pro Se Plaintiffs
/s/ Matthew Durham
MATTHEW DURHAM
VERIFICATION
THE STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Elizabeth
Chandler, a person whose identity is known to me. After I administered an oath to the Affiant, the
Affiant testified as follows
My name is Elizabeth Chandler. I am capable of making this verification. I have read the
foregoing Verified Motion to Retain. The facts stated in it are within my personal knowledge and
are true and correct.
\
Moedy BARS aa
andler
SUBSCRIBED AND SWORN to before pen this th day of February 2023
~ 4
sei,
ss KIM WILLIAMS
Sun
jotary Public, State of Texes|
Cormm, Expires 11-02-2024
Notary Public in and for the
Hotery 1D 502548 State of Texas
“esr
Document Filed Date
February 06, 2023
Case Filing Date
September 30, 2019
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CAUSE NO. 2019-71004 GUY JONES and MARLA JONES, IN THE DISTRICT COURT OF Plaintiffs, HARRIS COUNTY, TEXAS THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR CERTIFICATEHOLDERS OF CWABS, INC. and NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, Defendants. 190th JUDICIAL DISTRICT DEFENDANTS' VERIFIED MOTION TO RETAIN In advance of the DWOP [dismissal for want of prosecution] setting now scheduled for February 7, 2023, the Defendants file this Verified Motion to Retain. 1 The Defendants answered the Plaintiffs' petition. The parties then exchanged written discovery. Discovery is complete. 2 On or about February 8, 2021, the Parties agreed to hold a mediation with Zeleskey Mediation. Said mediation occurred on March 4, 2021. 3 On March 4, 2021, the mediation was held and the Parties settled all issues in the case. 4. As required by the mediated settlement agreement (MSA), counsel for the Defendants reduced the settlement terms to writing and provided the agreement to the Plaintiffs. 5 On April 28, 2021, Zeleskey Mediation entered a letter with Court confirming the mediation was held and that the parties "settled all issues in the case" at mediation. 6. Yet, Plaintiffs have not signed the settlement agreement. 7 On May 14, 2021, the Defendants filed their Motion to Enforce the Settlement Agreement. Wherefore, Defendants pray that this case be retained on the Court's docket and for such further relief to which she may show justly entitled. Date: February 6, 2023 Respectfully submitted, /s/ Matthew Durham MATTHEW DURHAM, SBN: 24040226 mdurham@mcguirewoods.com MCGUIREWOODS LLP 2000 McKinney Avenue, Suite 1400 Dallas, Texas 75201 Telephone: 214.932.6400 Facsimile: 214.932.6499 ATTORNEY FOR THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR CERTIFICATEHOLDERS OF CWABS, INC., and NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER CERTIFICATE OF SERVICE Thereby certify that on February 6, 2023, a copy of the foregoing document was served via TexFile/e-file as follows, and via U.S. Mail-First Class. Mr. and Mrs. Guy and Marla Jones 7025 East Alpine Drive Houston, Texas 77061 Pro Se Plaintiffs /s/ Matthew Durham MATTHEW DURHAM VERIFICATION THE STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Elizabeth Chandler, a person whose identity is known to me. After I administered an oath to the Affiant, the Affiant testified as follows My name is Elizabeth Chandler. I am capable of making this verification. I have read the foregoing Verified Motion to Retain. The facts stated in it are within my personal knowledge and are true and correct. \ Moedy BARS aa andler SUBSCRIBED AND SWORN to before pen this th day of February 2023 ~ 4 sei, ss KIM WILLIAMS Sun jotary Public, State of Texes| Cormm, Expires 11-02-2024 Notary Public in and for the Hotery 1D 502548 State of Texas “esr