Motion,Ex Parte: JONES, GUY vs. THE BANK OF NEW YORK MELLON (FKA THE BANK OF NEW YORK AS TRUSTEE FOR

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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


                            FENDANTS' VERIFIED MOTION TO RETAIN

       In advance of the DWOP [dismissal for want of prosecution] setting now scheduled for

August 8, 2023, the Defendants file this Verified Motion to Retain

               On or about July 22, 2022, the Parties moved for a stay of the Court’s decision on

Defendants’ motion for summary judgment, as well as the trial date set for August 1, 2022, to

allow the parties additional time to engage in a mediation in an attempt to resolve the dispute.

               On August 30, 2022, the Parties, through their counsel, participated in      -person

mediation with Hon. John T. Woo dridge and reached a settlement agreement. The parties and

their respective counsels executed a mediated settlement agreement (“MSA”), which was made

expressly enforceable under Rule 11 of the Texas Rules of Civil Procedure. The MSA provided

that the parties would execute a long form agreement reflecting the termsof the MSA.

               Plaintiffs refused to comply with the MSA and refused to execute a long form

agreement.

               On November 22, 2022, after multiple attempts by the Defendants to finalize the

execution of the long form agreement, a follow up mediation was held with Hon. John T.

Wooldridge in an attempt to resolve the issue.
               The mediation ended at an impasse, which triggered the MSA’s arbitration clause:

                      In the event an agreement cannot be reached after the one day
                      Mediation with the Mediator . . . then the mediator shall act as the
                      Arbiter of the issue(s) and shall resolve the issue(s) by telephone
                      conference or meeting of the attorneys and mediator prior to the date
                      of entry, or a date selected by the Mediator, and each party shall
                      share the costs of same equally.

               On December 29, 2022, theparties and their counsels participated in an arbitration

held with the Hon. John T. Wooldridge An arbitration award was entered in favor of the

Defendantsand enforced the MSA

               On June 5, 2023, the Court held a hearing on Defendants’ motion for entry of the

arbitration award and for an award of the Defendants    ttorney’s fees and costs, which the Court

granted. The Court’s hearing on Defendants’ Application for Attorney Fees and Costs is scheduled

for August 28, 2023 (after the scheduled DWOPhearing on August 8, 2023).

        WHEREFORE, the Defendants respectfully request that the Court grant this Motion to

 etain and that the DWOP hearing currently scheduled for August 8, 2023 be canceled so that

Defendants may have their Application for Attorney     Fees and Costs heard on August 28, 2023

and the Court may enter a final judgmen



Date: July 20, 2023                         Respectfully submitted,

                                            /s/ Elizabeth J. Chandler
                                            Elizabeth J. Chandler
                                            State Bar No. 06839250
                                            echandler@mcguirewoods.com
                                            MCGUIREWOODS LLP
                                            2000 McKinney Avenue, Suite 1400
                                            Dallas, Texas 75201
                                            (214932-6425

                                            ATTORNEYS FOR DEFENDANTS
                                       VERIFICATION

THE STATE OF TEXAS            §
                              §
COUNTY OF HARRIS              §


       The undersigned certifies that the facts set forth in the foregoing Motion to Retain are true
and correct.


Date: July 20, 2023
                                              /s/ Elizabeth J. Chandler
                                              Elizabeth J. Chandler
                               CERTIFICATE OF SERVICE

        I hereby certify that on July 20, 2023 a copy of the foregoing document has been served
electronically on the parties of record.

                                           /s/ Elizabeth J. Chandler
                                           Elizabeth J. Chandler