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CAUSE NO. 2019-71004
GUY JONES and MARLA JONES IN THE DISTRICT COURT
Plaintiff s,
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
Defendant s. 190th JUDICIAL DISTRICT
SECOND AGREED MOTION FOR CONTINUANCE AND
AGREED MOTION TO ENTER AMENDED DOCKET CONTROL ORDER
COME NOW Plaintiffs Guy and Marla Jones (“Plaintiffs”) and Defendants The Bank of
New York Mellon f/k/a The Bank of New York, as Trustee for Certificateholders of CWABS, Inc.,
(“BNY Mellon, as Trustee”) and Nationstar Mortgage LLC d/b/a Mr. Cooper (“Nationstar”) (BNY
Mellon, as Trustee and Nationstar are “Defendants”) (Plaintiffs and Defendants are “Parties”), and
the Parties jointly file this Second Agreed Motion for Continuance and Agreed Motion to Enter
Amended Docket Control Order, respectfully showing the Court as follows below.
On September 30, 2019 Plaintiffs filed their Original Petition, Application for
Temporary Restraining Order, Temporary Injunction, and Request for Disclosures
On December 3, 2019, Defendants filed their Original Answer and Affirmative
Defensesto Plaintiffs’ Original Petition and Request for Disclosures
In addition, on September 3, 2020, Defendants filed a counterclaim against
Plaintiffs for equitable subrogation. See Defendants’ Amended Answer, Affirmative Defenses, and
Counterclaim
SECOND AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED DOCKET CONTROL ORDER age 1 of 3
Cause No. 2019 71004; Guy Jones and Marla Jones v. The Bank of New York Mellon, as Trustee, et al.
Further, on December 10, 2020, Plaintiffs filed their First Amended Petition
asserting additional claims against Defendants.
Trial is currently set for April 5, 2021 See Amended Scheduling and Docket
Control Order dated November 9,This is the second trial setting.
Since the Court issued the Amended Scheduling and Docket Control Order, the
COVID 19 pandemic has continued to change the dynamics of the case for the arties (and for
most everyone).
In addition, the arties are currently engaged in negotiations to resolve all claims
asserted in this case. Additional time is necessary for the arties to continue these negotiations
and the Parties are scheduled to mediate this matter on February 10
Further, should settlement not be achieved, the Parties request additional time in
which to prepare dispositive motions, which may also alleviate the need for trial.
Thus, the parties have agreed to an Amended Docket Control Order with a June 21
trial date. Attached at Exhibit A the Second Amended Docket Control Order.
As such, the arties request that the Court enter the Second Amended Docket
Control Order
WHEREFORE, the arties pray that the Court enter the attached SecondAmended Docket
Control Order
Dated: February 3 Respectfully submitted,
HE ANE AW IRM P.L.L.C. UIRE OODS
/s/ Joshua D. Gordon* (with permission) /s/ Matthew D. Durham
Robert “Chip” C. Lane, SBN: Matthew D. Durham, SBN: 24040226
Joshua D. Gordon, SBN: 2000 McKinney Avenue, Suite 1400
6200 Savoy Drive, Suite 1150 Dallas, Texas 75201
Houston, Texas 77036 Telephone: (214) 932 6400
SECOND AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED DOCKET CONTROL ORDER age of
Cause No. 2019 71004; Guy Jones and Marla Jones v. The Bank of New York Mellon, as Trustee, et al.
Telephone: (713) 595 8200 Facsimile: (214) 932 6499 mail:
Facsimile: (713) 595 8201 mail: mdurham@mcguirewoods.com
mail: chip.lane@lanelaw.com
joshua.gordon@lanelaw.com Attorney for Defendants The Bankof New
York Mellon f/k/a The Bank of New York,
Attorneys for Plaintiffs Guy Jones as Trustee for Certificateholders of
and Marla Jones CWABS, Inc., and Nationstar Mortgage
LLC d/b/a Mr. Cooper
CERTIFICATE OF CONFERENCE
I hereby certify that, on February 2, 2021, I conferred with Plaintiff counsel regarding
the relief requested herein. Plaintiff counsel agreed to entry of the attached Second Amended
Docket Control Order
/s/ Matthew D. Durham
Matthew D. Durham
CERTIFICATE OF SERVICE
I hereby certify that on February 3, a copy of the foregoing was served via TexFile
as follows:
Robert “Chip” C. Lane, SBN: 24046263
Joshua D. Gordon, SBN:
HE ANE AW IRM P.L.L.C.
6200 Savoy Drive, Suite 1150
Houston, Texas 77036
Telephone: (713) 595 8200
Facsimile: (713) 8201
mail: chip.lane@lanelaw.com
joshua.gordon@lanelaw.com
Attorneys for Plaintiffs Guy Jones
and Marla Jones
/s/ Matthew D. Durham
Matthew D. Durham
SECOND AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED DOCKET CONTROL ORDER age of
Cause No. 2019 71004; Guy Jones and Marla Jones v. The Bank of New York Mellon, as Trustee, et al.
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CAUSE NO. 2019-71004 GUY JONES and MARLA JONES IN THE DISTRICT COURT Plaintiff s, 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 Defendant s. 190th JUDICIAL DISTRICT SECOND AGREED MOTION FOR CONTINUANCE AND AGREED MOTION TO ENTER AMENDED DOCKET CONTROL ORDER COME NOW Plaintiffs Guy and Marla Jones (“Plaintiffs”) and Defendants The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for Certificateholders of CWABS, Inc., (“BNY Mellon, as Trustee”) and Nationstar Mortgage LLC d/b/a Mr. Cooper (“Nationstar”) (BNY Mellon, as Trustee and Nationstar are “Defendants”) (Plaintiffs and Defendants are “Parties”), and the Parties jointly file this Second Agreed Motion for Continuance and Agreed Motion to Enter Amended Docket Control Order, respectfully showing the Court as follows below. On September 30, 2019 Plaintiffs filed their Original Petition, Application for Temporary Restraining Order, Temporary Injunction, and Request for Disclosures On December 3, 2019, Defendants filed their Original Answer and Affirmative Defensesto Plaintiffs’ Original Petition and Request for Disclosures In addition, on September 3, 2020, Defendants filed a counterclaim against Plaintiffs for equitable subrogation. See Defendants’ Amended Answer, Affirmative Defenses, and Counterclaim SECOND AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED DOCKET CONTROL ORDER age 1 of 3 Cause No. 2019 71004; Guy Jones and Marla Jones v. The Bank of New York Mellon, as Trustee, et al. Further, on December 10, 2020, Plaintiffs filed their First Amended Petition asserting additional claims against Defendants. Trial is currently set for April 5, 2021 See Amended Scheduling and Docket Control Order dated November 9,This is the second trial setting. Since the Court issued the Amended Scheduling and Docket Control Order, the COVID 19 pandemic has continued to change the dynamics of the case for the arties (and for most everyone). In addition, the arties are currently engaged in negotiations to resolve all claims asserted in this case. Additional time is necessary for the arties to continue these negotiations and the Parties are scheduled to mediate this matter on February 10 Further, should settlement not be achieved, the Parties request additional time in which to prepare dispositive motions, which may also alleviate the need for trial. Thus, the parties have agreed to an Amended Docket Control Order with a June 21 trial date. Attached at Exhibit A the Second Amended Docket Control Order. As such, the arties request that the Court enter the Second Amended Docket Control Order WHEREFORE, the arties pray that the Court enter the attached SecondAmended Docket Control Order Dated: February 3 Respectfully submitted, HE ANE AW IRM P.L.L.C. UIRE OODS /s/ Joshua D. Gordon* (with permission) /s/ Matthew D. Durham Robert “Chip” C. Lane, SBN: Matthew D. Durham, SBN: 24040226 Joshua D. Gordon, SBN: 2000 McKinney Avenue, Suite 1400 6200 Savoy Drive, Suite 1150 Dallas, Texas 75201 Houston, Texas 77036 Telephone: (214) 932 6400 SECOND AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED DOCKET CONTROL ORDER age of Cause No. 2019 71004; Guy Jones and Marla Jones v. The Bank of New York Mellon, as Trustee, et al. Telephone: (713) 595 8200 Facsimile: (214) 932 6499 mail: Facsimile: (713) 595 8201 mail: mdurham@mcguirewoods.com mail: chip.lane@lanelaw.com joshua.gordon@lanelaw.com Attorney for Defendants The Bankof New York Mellon f/k/a The Bank of New York, Attorneys for Plaintiffs Guy Jones as Trustee for Certificateholders of and Marla Jones CWABS, Inc., and Nationstar Mortgage LLC d/b/a Mr. Cooper CERTIFICATE OF CONFERENCE I hereby certify that, on February 2, 2021, I conferred with Plaintiff counsel regarding the relief requested herein. Plaintiff counsel agreed to entry of the attached Second Amended Docket Control Order /s/ Matthew D. Durham Matthew D. Durham CERTIFICATE OF SERVICE I hereby certify that on February 3, a copy of the foregoing was served via TexFile as follows: Robert “Chip” C. Lane, SBN: 24046263 Joshua D. Gordon, SBN: HE ANE AW IRM P.L.L.C. 6200 Savoy Drive, Suite 1150 Houston, Texas 77036 Telephone: (713) 595 8200 Facsimile: (713) 8201 mail: chip.lane@lanelaw.com joshua.gordon@lanelaw.com Attorneys for Plaintiffs Guy Jones and Marla Jones /s/ Matthew D. Durham Matthew D. Durham SECOND AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED DOCKET CONTROL ORDER age of Cause No. 2019 71004; Guy Jones and Marla Jones v. The Bank of New York Mellon, as Trustee, et al.