Kelly v. NewRez LLC dba Shellpoint Mortgage Servicing
| Kenneth Dwayne Kelly, Jr. |
| Newrez LLC doing business as Shellpoint Mortgage Servicing and DOES 1 through 5 |
| 4:2025cv01201 |
| November 3, 2025 |
| U.S. District Court for the Eastern District of Texas |
| Bill Davis |
| Amos L Mazzant |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2025. A more recent docket listing may be available from PACER.
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| Filing 10 FINAL JUDGMENT. Pursuant to the Court's November 18, 2025 Order (Dkt. #8 ) granting the parties' Joint Motion to Expunge Lis Pendens and Dismiss All Claims With Prejudice, the Court hereby enters Final Judgment in this action. Signed by Chief District Judge Amos L Mazzant on 11/20/2025. (rpc) |
| Filing 9 Proposed Agreed Judgment PROPOSED FINAL JUDGMENT. (Morgan, Melanie) |
Filing 8
ORDER. It is ORDERED that the motion to dismiss and expunge the notice of lis pendens (Dkt. #7 ) is hereby GRANTED and all claims in this action are DISMISSED WITH PREJUDICE. It is FURTHER ORDERED that upon recording of a certified copy of this order in the real-property records of Collin County, Texas, notice of lis pendens No. 2025000133760 be RELEASED, EXTINGUISHED, AND EXPUNGED. Signed by Chief District Judge Amos L Mazzant on 11/18/2025. (rpc)
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| Filing 7 JOINT MOTION to Dismiss JOINT MOTION TO EXPUNGE LIS PENDENS AND FOR DISMISSAL OF ALL CLAIMS WITH PREJUDICE by Newrez LLC. (Attachments: #1 Exhibit A - Notice of Lis Pendens, #2 Proposed Order Proposed Order Expunging Lis Pendens and Dismissing all Claims with Prejudice)(Morgan, Melanie) |
| Filing 6 AMENDED NOTICE OF REMOVAL by Newrez LLC , filed by Newrez LLC. (Attachments: #1 Exhibit A - Notice of Lis Pendens, #2 Exhibit B - State Court Pleadings, #3 Exhibit C - State Court Notice of Removal, #4 Exhibit D - Substitute Trustee's Deed, #5 Exhibit E - Collin County CAD)(Morgan, Melanie) |
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Filing 5
ORDER. It is ORDERED that, within 14 days of the entry of this order, Newrez file an amended notice of removal that alleges facts necessary to establish diversity jurisdiction. If no such amendment is possible, Newrez should so notify the court, such that the case may be remanded. Signed by Magistrate Judge Bill Davis on 11/13/2025. (rpc)
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| Clerk's Notice of Mailing - Doc(s) #5 mailed to Plaintiff at the address indicated on the NEF unless otherwise indicated. Mail type: Regular. (rpc) |
| Filing 4 Fed. R. Civ. P. 7.1(a)(1) AND (2) Disclosure Statement filed by Newrez LLC identifying Other Affiliate New Residential Mortgage LLC, Other Affiliate NRM Acquisition LLC, Other Affiliate NRM Acquisition II LLC, Other Affiliate Rithm Capital Corp fka New Residential Investment Corp., Other Affiliate NewRezHoldings LLC fka Shellpoint Partners LLC for Newrez LLC. (Morgan, Melanie) |
| Filing 3 ***ORIGINALLY FILED IN STATE COURT*** COMPLAINT against Newrez LLC, filed by Kenneth Dwayne Kelly, Jr.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(rpc) |
| Filing 2 NOTICE CIVIL COVER SHEET by NewRez LLC dba Shellpoint Mortgage Servicing (Morgan, Melanie) |
| Filing 1 NOTICE OF REMOVAL by NewRez LLC dba Shellpoint Mortgage Servicing from 493rd District Court of Collin County, Texas, case number 493-07484-2025. (Filing fee $ 405 receipt number ATXEDC-11180425), filed by NewRez LLC dba Shellpoint Mortgage Servicing. (Attachments: #1 Exhibit A - Notice of Lis Pendens, #2 Exhibit B - State Court Pleadings, #3 Exhibit C - State Court Notice of Removal, #4 Exhibit D - Substitute Trustee's Deed, #5 Exhibit E - Collin County CAD)(Morgan, Melanie) |
| Case assigned to Chief District Judge Amos L Mazzant and referred to Magistrate Judge Bill Davis. (rpc) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (Copy of the notice to be sent by US Mail to parties not electronically noticed.) (rpc) |
| Note: Pursuant to Local Rule CV 7(j), any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. (rpc) |
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