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CAUSE NO. 201969539
CARMEN L. BRYANT, IN THE DISTRICT COURT
Plaintiff,
JUDICIAL DISTRICT
U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR ASSET BACKED
SECURITIES CORPORATION HOME
EQUITY TRUST, SERIES MO-BE6,
ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES MO-BE-6 AND
NATIONSTAR MORTGAGE, LLC
D/B/A/ MR. COOPER,
Defendants. HARRIS COUNTY, TEXAS
DEFENDANTS’ MOTION TO ENFORCE SETTLEMENT AGREEMENT
NOW COME Defendants U.S. Bank National Association as Trustee for Asset Backed
Securities Corporation Home Equity Trust Series MO-BE6 Asset Backed Pass-Through
Certificates Series MO-BE6 (“U.S. Bank”) and Nationstar Mortgage LLC d/b/a Mr. Cooper
(“Nationstar”) (collectively, "Defendants") hereby file this their Motion to Enforce Settlement
Agreement (“Motion”), requesting that the Court to enforce the settlement agreement reached
between Defendants and Plaintiff Carmen L. Bryant (“Plaintiff”) (collectively, the "Parties"). The
Parties reached an agreement to settle all claims asserted in this matter. Despite repeated contact
with Plaintiff, she refuses requests to execute the settlement agreement and associated documents
required for dismissal of this case. In support of this Motion, Defendants respectfully shows the
Court as follows:
_____________________________________________________________________________________
Defendants’ Motion to Enforce Settlement Agreement
Cause No. 201969539 | Bryant v. Nationstar Mortgage LLC d/b/a Mr. Cooper Page 1 of 5
I.
BACKGROUND
1. On or about February 20, 2020, Plaintiff and Defendants, via counsel, reached an
amicable resolution of this matter, thereby settling all claims asserted in this lawsuit.
2. On or about March 17, 2020, a Notice of Settlement was filed with this Court.
3. On or about March 19, 2020, settlement documents were circulated to Plaintiff’s
counsel. Said settlement documents are collectively attached hereto as Exhibit A evidencing the
agreement between the Parties.1
4. On or about March 25, 2020, Plaintiff terminated counsel that represented her in
this matter, the Lane Law Firm, PLLC.
5. On or about March 26, 2020, the Lane Law Firm, PLLC filed an Unopposed Motion
to Withdraw as Counsel.
6. On or about March 27, 2020, the Lane Law Firm’s Unopposed Motion to Withdraw
as Counsel was set for hearing by submission on April 6, 2020.
7. As of the date of filing this Motion, there has not been a ruling on the Lane Law
Firm’s Unopposed Motion to Withdraw as Counsel.
8. The settlement agreement resolved all claims between the Parties. See Ex. A.
9. To date, Plaintiff has not executed the settlement documents that were provided to
her by the Lane Law Firm, PLLC, and sent to her individually after notice of her termination of
their relationship.
1
In order to protect the confidentialityof the settlement terms, Defendants have attached a redacted mediated
settlement agreement. Upon request, Defendants will provide a non-redacted version to the court for in-camera
review.
_____________________________________________________________________________________
Defendants’ Motion to Enforce Settlement Agreement
Cause No. 201969539 | Bryant v. Nationstar Mortgage LLC d/b/a Mr. Cooper Page 2 of 5
10. For these reasons, the Court should order Plaintiff to execute and comply with the
settlement agreement and associated documents required for dismissal of this case, and should
further dismiss this matter with prejudice.
II.
ARGUMENT AND AUTHORITIES
11. As a general matter, "[s]ettlement agreements are highly favored." Forest Oil Corp.
v. McAllen, 268 S.W.3d 51, 61 (Tex. 2008). A court may enforce a settlement agreement that
complies with requirements that the essential terms be in writing. Padilla v. LaFrance, 907 S.W.2d
454, 462 (Tex. 1995). After proper notice and hearing, a court may enforce a settlement agreement
through a motion seeking enforcement of the settlement agreement. Neasbitt v. Warren, 105
S.W.3d 113, 117 (Tex. App.—Fort Worth 2003, no pet.); see also Mantas v. Fifth Court of
Appeals, 925 S.W.2d 656, 658 (Tex. 1996) (orig. proceeding) ("Where the settlement dispute
arises while the trial court has jurisdiction over the underlying action, a claim to enforce the
settlement agreement should, if possible, be asserted in that court under the original proceeding
number.").
12. In this case, the settlement agreement clearly sets out and contemplates an
agreement between the Parties as to resolution of this case. Specifically, the agreement addressed
terms that are essential to a settlement: (i) the character and natures of the releases; (ii) monetary
terms; (iii) resolution of all claims and controversies; and (iv) the effect that the settlement
agreement may have on Plaintiff and Defendants.
13. Here, it is clear that the essential elements have been agreed to such that
enforcement of the settlement agreement and associated documents referenced therein for
dismissal of this lawsuit is appropriate.
_____________________________________________________________________________________
Defendants’ Motion to Enforce Settlement Agreement
Cause No. 201969539 | Bryant v. Nationstar Mortgage LLC d/b/a Mr. Cooper Page 3 of 5
14. Due to the fact that the departure date agreed upon by the Parties as stated in the
settlement agreement has passed, Defendants request that the Court order Plaintiff to vacate the
subject property immediately as she has been on the property longer than what was agreed upon
in settlement of this matter.
III.
PRAYER
WHEREFORE, for the reasons set forth above, Defendants respectfully requests that this
Court grant the forgoing Motion to enforce the settlement agreement, specifically requiring
Plaintiff to execute all documents necessary to effectuate said agreement and dismissing this case
with prejudice.
Dated: June 23, 2020 Respectfully submitted,
/s/ Heather N. Sutton
Heather N. Sutton, SBN: 24072378
hsutton@mcguirewoods.com
MCGUIREWOODS LLP
2000 McKinney Avenue, Suite 1400
Dallas, Texas 75201
Telephone: 214.932.6400
Facsimile: 214.932.6499
ATTORNEY FOR DEFENDANTS
_____________________________________________________________________________________
Defendants’ Motion to Enforce Settlement Agreement
Cause No. 201969539 | Bryant v. Nationstar Mortgage LLC d/b/a Mr. Cooper Page 4 of 5
CERTIFICATE OF CONFERENCE
On May 14, 2020, Counsel for Defendant and Counsel for Plaintiff conferred as to the
merits of this Motion and Counsel for Plaintiff indicated that he is unable to take a position due to
the pending Unopposed Motion to Withdraw on file with this Court, therefore this motion is being
submitted as opposed.
/s/ Heather N. Sutton
Heather N. Sutton
CERTIFICATE OF SERVICE
I hereby certify that on June 23, 2020 a true and correct copy of the foregoing was served
on counsel for Plaintiff as follows:
Robert C. Lane
Notifications@lanelaw.com
Joshua D. Gordon
Joshua.gordon@lanelaw.com
THE LANE LAW FIRM, PLLC
6200 Savoy, Suite 1150
Houston, Texas 77036
Via E-file
Plaintiff’s Counsel
/s/ Heather N. Sutton
Heather N. Sutton
_____________________________________________________________________________________
Defendants’ Motion to Enforce Settlement Agreement
Cause No. 201969539 | Bryant v. Nationstar Mortgage LLC d/b/a Mr. Cooper Page 5 of 5
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CAUSE NO. 201969539 CARMEN L. BRYANT, IN THE DISTRICT COURT Plaintiff, JUDICIAL DISTRICT U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET BACKED SECURITIES CORPORATION HOME EQUITY TRUST, SERIES MO-BE6, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES MO-BE-6 AND NATIONSTAR MORTGAGE, LLC D/B/A/ MR. COOPER, Defendants. HARRIS COUNTY, TEXAS DEFENDANTS’ MOTION TO ENFORCE SETTLEMENT AGREEMENT NOW COME Defendants U.S. Bank National Association as Trustee for Asset Backed Securities Corporation Home Equity Trust Series MO-BE6 Asset Backed Pass-Through Certificates Series MO-BE6 (“U.S. Bank”) and Nationstar Mortgage LLC d/b/a Mr. Cooper (“Nationstar”) (collectively, "Defendants") hereby file this their Motion to Enforce Settlement Agreement (“Motion”), requesting that the Court to enforce the settlement agreement reached between Defendants and Plaintiff Carmen L. Bryant (“Plaintiff”) (collectively, the "Parties"). The Parties reached an agreement to settle all claims asserted in this matter. Despite repeated contact with Plaintiff, she refuses requests to execute the settlement agreement and associated documents required for dismissal of this case. In support of this Motion, Defendants respectfully shows the Court as follows: _____________________________________________________________________________________ Defendants’ Motion to Enforce Settlement Agreement Cause No. 201969539 | Bryant v. Nationstar Mortgage LLC d/b/a Mr. Cooper Page 1 of 5 I. BACKGROUND 1. On or about February 20, 2020, Plaintiff and Defendants, via counsel, reached an amicable resolution of this matter, thereby settling all claims asserted in this lawsuit. 2. On or about March 17, 2020, a Notice of Settlement was filed with this Court. 3. On or about March 19, 2020, settlement documents were circulated to Plaintiff’s counsel. Said settlement documents are collectively attached hereto as Exhibit A evidencing the agreement between the Parties.1 4. On or about March 25, 2020, Plaintiff terminated counsel that represented her in this matter, the Lane Law Firm, PLLC. 5. On or about March 26, 2020, the Lane Law Firm, PLLC filed an Unopposed Motion to Withdraw as Counsel. 6. On or about March 27, 2020, the Lane Law Firm’s Unopposed Motion to Withdraw as Counsel was set for hearing by submission on April 6, 2020. 7. As of the date of filing this Motion, there has not been a ruling on the Lane Law Firm’s Unopposed Motion to Withdraw as Counsel. 8. The settlement agreement resolved all claims between the Parties. See Ex. A. 9. To date, Plaintiff has not executed the settlement documents that were provided to her by the Lane Law Firm, PLLC, and sent to her individually after notice of her termination of their relationship. 1 In order to protect the confidentialityof the settlement terms, Defendants have attached a redacted mediated settlement agreement. Upon request, Defendants will provide a non-redacted version to the court for in-camera review. _____________________________________________________________________________________ Defendants’ Motion to Enforce Settlement Agreement Cause No. 201969539 | Bryant v. Nationstar Mortgage LLC d/b/a Mr. Cooper Page 2 of 5 10. For these reasons, the Court should order Plaintiff to execute and comply with the settlement agreement and associated documents required for dismissal of this case, and should further dismiss this matter with prejudice. II. ARGUMENT AND AUTHORITIES 11. As a general matter, "[s]ettlement agreements are highly favored." Forest Oil Corp. v. McAllen, 268 S.W.3d 51, 61 (Tex. 2008). A court may enforce a settlement agreement that complies with requirements that the essential terms be in writing. Padilla v. LaFrance, 907 S.W.2d 454, 462 (Tex. 1995). After proper notice and hearing, a court may enforce a settlement agreement through a motion seeking enforcement of the settlement agreement. Neasbitt v. Warren, 105 S.W.3d 113, 117 (Tex. App.—Fort Worth 2003, no pet.); see also Mantas v. Fifth Court of Appeals, 925 S.W.2d 656, 658 (Tex. 1996) (orig. proceeding) ("Where the settlement dispute arises while the trial court has jurisdiction over the underlying action, a claim to enforce the settlement agreement should, if possible, be asserted in that court under the original proceeding number."). 12. In this case, the settlement agreement clearly sets out and contemplates an agreement between the Parties as to resolution of this case. Specifically, the agreement addressed terms that are essential to a settlement: (i) the character and natures of the releases; (ii) monetary terms; (iii) resolution of all claims and controversies; and (iv) the effect that the settlement agreement may have on Plaintiff and Defendants. 13. Here, it is clear that the essential elements have been agreed to such that enforcement of the settlement agreement and associated documents referenced therein for dismissal of this lawsuit is appropriate. _____________________________________________________________________________________ Defendants’ Motion to Enforce Settlement Agreement Cause No. 201969539 | Bryant v. Nationstar Mortgage LLC d/b/a Mr. Cooper Page 3 of 5 14. Due to the fact that the departure date agreed upon by the Parties as stated in the settlement agreement has passed, Defendants request that the Court order Plaintiff to vacate the subject property immediately as she has been on the property longer than what was agreed upon in settlement of this matter. III. PRAYER WHEREFORE, for the reasons set forth above, Defendants respectfully requests that this Court grant the forgoing Motion to enforce the settlement agreement, specifically requiring Plaintiff to execute all documents necessary to effectuate said agreement and dismissing this case with prejudice. Dated: June 23, 2020 Respectfully submitted, /s/ Heather N. Sutton Heather N. Sutton, SBN: 24072378 hsutton@mcguirewoods.com MCGUIREWOODS LLP 2000 McKinney Avenue, Suite 1400 Dallas, Texas 75201 Telephone: 214.932.6400 Facsimile: 214.932.6499 ATTORNEY FOR DEFENDANTS _____________________________________________________________________________________ Defendants’ Motion to Enforce Settlement Agreement Cause No. 201969539 | Bryant v. Nationstar Mortgage LLC d/b/a Mr. Cooper Page 4 of 5 CERTIFICATE OF CONFERENCE On May 14, 2020, Counsel for Defendant and Counsel for Plaintiff conferred as to the merits of this Motion and Counsel for Plaintiff indicated that he is unable to take a position due to the pending Unopposed Motion to Withdraw on file with this Court, therefore this motion is being submitted as opposed. /s/ Heather N. Sutton Heather N. Sutton CERTIFICATE OF SERVICE I hereby certify that on June 23, 2020 a true and correct copy of the foregoing was served on counsel for Plaintiff as follows: Robert C. Lane Notifications@lanelaw.com Joshua D. Gordon Joshua.gordon@lanelaw.com THE LANE LAW FIRM, PLLC 6200 Savoy, Suite 1150 Houston, Texas 77036 Via E-file Plaintiff’s Counsel /s/ Heather N. Sutton Heather N. Sutton _____________________________________________________________________________________ Defendants’ Motion to Enforce Settlement Agreement Cause No. 201969539 | Bryant v. Nationstar Mortgage LLC d/b/a Mr. Cooper Page 5 of 5