On September 24, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Cantu, Jr., Tomas,
and
Bsi Financial Servivces Inc.,
Karly, David,
Larew, William D.,
Martin, Julie,
Mendoza, Arnold,
Servis One Inc.,
Vfs Xanthos Llc,
Visio Financial Services, Inc.,
for Real Property - Other Real Property (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
2/11/2022 12:22 PM
Hidalgo County District Clerks
Reviewed By: Armando Hervert
CAUSE NO. C-3547-18-B
TOMAS CANTU, JR., § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § 93RD JUDICIAL DISTRICT
§
VISIO FINANCIAL SERVICES, INC., §
VFS XANTHOS LLC, SERVIS ONE, §
INC., BSI FINANCIAL SERVICES, INC., §
CLEARSPRING LOAN SERVICES, INC. §
and SORTIS FINANCIAL, INC., §
§
Defendants. § HIDALGO COUNTY, TEXAS
OBJECTION TO AMENDED MOTION FOR CONTINUANCE
OF TRIAL AND HEARINGS ON MOTIONS FOR SUMMARY JUDGMENT
NOW COME Defendant VISIO FINANCIAL SERVICES, INC. (“Visio”) and
Defendant SERVIS ONE, INC. dba BSI FINANCIAL SERVICES (“BSI”) (collectively,
“Defendants”) and file their Objection to Plaintiff Tomas Cantu, Jr.’s (“Plaintiff” or “Cantu”)
and Defendant Clearspring Loan Services, Inc.’s (“Clearspring”) Motion for Continuance and
respectfully show the Court the following:
1. On February 10, 2022, Plaintiff filed his Partially Agreed Motion for Continuance
of Current Trial Setting and Amended Continuance of Defendants’ Motions for Summary
Judgment (the “Motion”).
2. Plaintiff’s Motion – entitled as “Partially Agreed” appears to be filed on behalf of
Defendants Visio and BSI and implies that Visio and BSI agree with Plaintiff’s requests for
continuances. Defendants Visio and BSI do not agree to continuance of any setting and object to
Plaintiff’s requests for a continuances.
OBJECTION TO AMENDED MOTION FOR CONTINUANCE PAGE 1
BDFTE NO. 00000007875735 / CANTU
Electronically Filed
2/11/2022 12:22 PM
Hidalgo County District Clerks
Reviewed By: Armando Hervert
3. This case has been on file since 2018 and has been set for trial on the following
dates, all of which have been passed or continued by agreement of the Parties or due to the
Covid-19 pandemic.
• November 18, 2019;
• December 2, 2019;
• February 20, 2020;
• July 6, 2020;
• October 5, 2020;
• April 19, 2021.
All of the prior jury trial settings have been passed by the Court, continued by agreement of the
Parties or rescheduled due to the Covid-19 pandemic. The case is now set for jury trial on March
7, 2022. Plaintiff provides no good faith basis for a continuance of the motions for summary
judgment or the trial other than his attorney’s request to withdrawal as counsel. The Plaintiff has
known about the March 2022 trial setting since April 13, 2021, almost a year. Defendants Visio
and BSI object to the late filed continuance given the history of the case
4. Discovery is this case is complete and the parties participated in court ordered
mediation in 2019. The facts in this case have not changed since 2018, and this case is ready for
trial.
5. Further, it is imperative to hear the currently set motions for summary judgment
in order to narrow the claims and causes of actions at actual issue in this case.
6. Plaintiff has known about this trial date since April 2021. Nevertheless, he waited
until 27 days before pre-trial to file his request for a continuance. Plaintiff has had an opportunity
to litigate his case for over 3 years. However, he has not been diligent in his efforts to do so. Not
OBJECTION TO AMENDED MOTION FOR CONTINUANCE PAGE 2
BDFTE NO. 00000007875735 / CANTU
Electronically Filed
2/11/2022 12:22 PM
Hidalgo County District Clerks
Reviewed By: Armando Hervert
only has he failed to litigate his case, but he has repeatedly violated this Court’s injunction
orders, causing the Defendants to repeatedly seek relief from the Court. Indeed, Defendants have
been forced to file four separate motions to dissolve the injunction prohibiting foreclosure of
Plaintiff’s three (3) rental properties because of Plaintiff’s repeated failure to pay his court
ordered bond payments. Now, it appears Plaintiff is not fulfilling his financial obligations to his
attorney, which has prompted his counsel’s withdrawal.
7. Plaintiff should not be rewarded for his refusal to comply with his obligations to
the detriment of Defendants Visio and BSI. Defendants Visio and BSI are ready to present
summary judgment motions and ready try the case. Visio and BSI request this Court deny
Plaintiff’s request for a continuance.
WHEREFORE, PREMISES CONSIDERED, Defendants Visio and BSI request this
Court deny Plaintiff’s Motion for Continuance and for such other and further relief to which
Defendants may be justly entitled.
Respectfully Submitted,
HOPKINS LAW, PLLC
By: /s/ Mark D. Hopkins
Mark D. Hopkins
State Bar No. 00793975
3 Lakeway Centre Ct., Suite 110
Austin, Texas 78734
(512) 600-4320
mark@hopkinslawtexas.com
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP
Crystal G. Gibson
State Bar No. 24027322
4004 Belt Line Rd., Suite 100
Addison, Texas 75001
972-340-7901
OBJECTION TO AMENDED MOTION FOR CONTINUANCE PAGE 3
BDFTE NO. 00000007875735 / CANTU
Electronically Filed
2/11/2022 12:22 PM
Hidalgo County District Clerks
Reviewed By: Armando Hervert
972-341-0734 (Fax)
CrystalR@BDFGroup.com
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
Pursuant to Texas Rules of Civil Procedure, I hereby certify that a true and correct copy
of the foregoing has been served upon all parties of record on this the 11th day of February 2022
via the method indicated as follows:
VIA E-SERVICE:
Jordan King
King Law Firm
3409 N. 10th Street
McAllen, Texas 78501
jordan.king@kingrgvlaw.com
ATTORNEYS FOR PLAINTIFF
VIA E-SERVICE:
Jason L. Sanders
Sanders Collins PLLC
325 N. St. Paul St., Suite 3100
Dallas, Texas 75201
jsanders@sanderscollins.com
ATTORNEYS FOR DEFENDANTS
SORTIS FINANCIAL, INC. AND
CLEARSPRING LOAN SERVICES, INC.
/s/ Mark D. Hopkins
Mark D. Hopkins
OBJECTION TO AMENDED MOTION FOR CONTINUANCE PAGE 4
BDFTE NO. 00000007875735 / CANTU
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Mark Hopkins on behalf of Mark Hopkins
Bar No. 793975
mark@hopkinslawtexas.com
Envelope ID: 61670166
Status as of 2/11/2022 1:21 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Mark DHopkins mark@hopkinslawtexas.com 2/11/2022 12:22:26 PM SENT
JORDAN KING SPEREZ@KINGRGVLAW.COM 2/11/2022 12:22:26 PM SENT
JORDAN KING JORDAN.KING@KINGRGVLAW.COM 2/11/2022 12:22:26 PM SENT
CRYSTAL G.GIBSON crystalr@bdfgroup.com 2/11/2022 12:22:26 PM SENT
CRYSTAL GIBSON SUSANLL@BDFGROUP.COM 2/11/2022 12:22:26 PM SENT
MARK DHOPKINS KATE@HOPKINSLAWTEXAS.COM 2/11/2022 12:22:26 PM SENT
JORDAN kING svasquez@kingrgvlaw.com 2/11/2022 12:22:26 PM SENT
Associated Case Party: SORTIS FINANCIAL, INC
Name BarNumber Email TimestampSubmitted Status
Jason LeviSanders jsanders@sanderscollins.com 2/11/2022 12:22:26 PM SENT
Associated Case Party: TOMAS CANTU, JR.
Name BarNumber Email TimestampSubmitted Status
Jordan King jordan.king@kingrgvlaw.com 2/11/2022 12:22:26 PM SENT
Emely Orozco eorozco@kingrgvlaw.com 2/11/2022 12:22:26 PM SENT
Preview
Electronically Filed 2/11/2022 12:22 PM Hidalgo County District Clerks Reviewed By: Armando Hervert CAUSE NO. C-3547-18-B TOMAS CANTU, JR., § IN THE DISTRICT COURT § Plaintiff, § § v. § 93RD JUDICIAL DISTRICT § VISIO FINANCIAL SERVICES, INC., § VFS XANTHOS LLC, SERVIS ONE, § INC., BSI FINANCIAL SERVICES, INC., § CLEARSPRING LOAN SERVICES, INC. § and SORTIS FINANCIAL, INC., § § Defendants. § HIDALGO COUNTY, TEXAS OBJECTION TO AMENDED MOTION FOR CONTINUANCE OF TRIAL AND HEARINGS ON MOTIONS FOR SUMMARY JUDGMENT NOW COME Defendant VISIO FINANCIAL SERVICES, INC. (“Visio”) and Defendant SERVIS ONE, INC. dba BSI FINANCIAL SERVICES (“BSI”) (collectively, “Defendants”) and file their Objection to Plaintiff Tomas Cantu, Jr.’s (“Plaintiff” or “Cantu”) and Defendant Clearspring Loan Services, Inc.’s (“Clearspring”) Motion for Continuance and respectfully show the Court the following: 1. On February 10, 2022, Plaintiff filed his Partially Agreed Motion for Continuance of Current Trial Setting and Amended Continuance of Defendants’ Motions for Summary Judgment (the “Motion”). 2. Plaintiff’s Motion – entitled as “Partially Agreed” appears to be filed on behalf of Defendants Visio and BSI and implies that Visio and BSI agree with Plaintiff’s requests for continuances. Defendants Visio and BSI do not agree to continuance of any setting and object to Plaintiff’s requests for a continuances. OBJECTION TO AMENDED MOTION FOR CONTINUANCE PAGE 1 BDFTE NO. 00000007875735 / CANTU Electronically Filed 2/11/2022 12:22 PM Hidalgo County District Clerks Reviewed By: Armando Hervert 3. This case has been on file since 2018 and has been set for trial on the following dates, all of which have been passed or continued by agreement of the Parties or due to the Covid-19 pandemic. • November 18, 2019; • December 2, 2019; • February 20, 2020; • July 6, 2020; • October 5, 2020; • April 19, 2021. All of the prior jury trial settings have been passed by the Court, continued by agreement of the Parties or rescheduled due to the Covid-19 pandemic. The case is now set for jury trial on March 7, 2022. Plaintiff provides no good faith basis for a continuance of the motions for summary judgment or the trial other than his attorney’s request to withdrawal as counsel. The Plaintiff has known about the March 2022 trial setting since April 13, 2021, almost a year. Defendants Visio and BSI object to the late filed continuance given the history of the case 4. Discovery is this case is complete and the parties participated in court ordered mediation in 2019. The facts in this case have not changed since 2018, and this case is ready for trial. 5. Further, it is imperative to hear the currently set motions for summary judgment in order to narrow the claims and causes of actions at actual issue in this case. 6. Plaintiff has known about this trial date since April 2021. Nevertheless, he waited until 27 days before pre-trial to file his request for a continuance. Plaintiff has had an opportunity to litigate his case for over 3 years. However, he has not been diligent in his efforts to do so. Not OBJECTION TO AMENDED MOTION FOR CONTINUANCE PAGE 2 BDFTE NO. 00000007875735 / CANTU Electronically Filed 2/11/2022 12:22 PM Hidalgo County District Clerks Reviewed By: Armando Hervert only has he failed to litigate his case, but he has repeatedly violated this Court’s injunction orders, causing the Defendants to repeatedly seek relief from the Court. Indeed, Defendants have been forced to file four separate motions to dissolve the injunction prohibiting foreclosure of Plaintiff’s three (3) rental properties because of Plaintiff’s repeated failure to pay his court ordered bond payments. Now, it appears Plaintiff is not fulfilling his financial obligations to his attorney, which has prompted his counsel’s withdrawal. 7. Plaintiff should not be rewarded for his refusal to comply with his obligations to the detriment of Defendants Visio and BSI. Defendants Visio and BSI are ready to present summary judgment motions and ready try the case. Visio and BSI request this Court deny Plaintiff’s request for a continuance. WHEREFORE, PREMISES CONSIDERED, Defendants Visio and BSI request this Court deny Plaintiff’s Motion for Continuance and for such other and further relief to which Defendants may be justly entitled. Respectfully Submitted, HOPKINS LAW, PLLC By: /s/ Mark D. Hopkins Mark D. Hopkins State Bar No. 00793975 3 Lakeway Centre Ct., Suite 110 Austin, Texas 78734 (512) 600-4320 mark@hopkinslawtexas.com BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP Crystal G. Gibson State Bar No. 24027322 4004 Belt Line Rd., Suite 100 Addison, Texas 75001 972-340-7901 OBJECTION TO AMENDED MOTION FOR CONTINUANCE PAGE 3 BDFTE NO. 00000007875735 / CANTU Electronically Filed 2/11/2022 12:22 PM Hidalgo County District Clerks Reviewed By: Armando Hervert 972-341-0734 (Fax) CrystalR@BDFGroup.com ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE Pursuant to Texas Rules of Civil Procedure, I hereby certify that a true and correct copy of the foregoing has been served upon all parties of record on this the 11th day of February 2022 via the method indicated as follows: VIA E-SERVICE: Jordan King King Law Firm 3409 N. 10th Street McAllen, Texas 78501 jordan.king@kingrgvlaw.com ATTORNEYS FOR PLAINTIFF VIA E-SERVICE: Jason L. Sanders Sanders Collins PLLC 325 N. St. Paul St., Suite 3100 Dallas, Texas 75201 jsanders@sanderscollins.com ATTORNEYS FOR DEFENDANTS SORTIS FINANCIAL, INC. AND CLEARSPRING LOAN SERVICES, INC. /s/ Mark D. Hopkins Mark D. Hopkins OBJECTION TO AMENDED MOTION FOR CONTINUANCE PAGE 4 BDFTE NO. 00000007875735 / CANTU Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Mark Hopkins on behalf of Mark Hopkins Bar No. 793975 mark@hopkinslawtexas.com Envelope ID: 61670166 Status as of 2/11/2022 1:21 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Mark DHopkins mark@hopkinslawtexas.com 2/11/2022 12:22:26 PM SENT JORDAN KING SPEREZ@KINGRGVLAW.COM 2/11/2022 12:22:26 PM SENT JORDAN KING JORDAN.KING@KINGRGVLAW.COM 2/11/2022 12:22:26 PM SENT CRYSTAL G.GIBSON crystalr@bdfgroup.com 2/11/2022 12:22:26 PM SENT CRYSTAL GIBSON SUSANLL@BDFGROUP.COM 2/11/2022 12:22:26 PM SENT MARK DHOPKINS KATE@HOPKINSLAWTEXAS.COM 2/11/2022 12:22:26 PM SENT JORDAN kING svasquez@kingrgvlaw.com 2/11/2022 12:22:26 PM SENT Associated Case Party: SORTIS FINANCIAL, INC Name BarNumber Email TimestampSubmitted Status Jason LeviSanders jsanders@sanderscollins.com 2/11/2022 12:22:26 PM SENT Associated Case Party: TOMAS CANTU, JR. Name BarNumber Email TimestampSubmitted Status Jordan King jordan.king@kingrgvlaw.com 2/11/2022 12:22:26 PM SENT Emely Orozco eorozco@kingrgvlaw.com 2/11/2022 12:22:26 PM SENT