Nicholson v The Secretary of Veteran Affairs
| James Nicholson |
| PHH Mortgage Corporation and Codilis & Moody PC |
| 3:2025cv01596 |
| June 21, 2025 |
| U.S. District Court for the Northern District of Texas |
| David L Horan |
| Brantley Starr |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 20, 2026. A more recent docket listing may be available from PACER.
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Filing 26
INITIAL SCHEDULING ORDER: Amended Pleadings due by 1/30/2026. Discovery due by 6/1/2026. Joinder of Parties due by 12/1/2025. Deadline for mediation is on or before 5/15/2026. Motions due by 6/1/2026. (Ordered by Magistrate Judge David L. Horan on 9/12/2025) (kcr)
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Filing 25
Proposal for contents of scheduling and discovery order by PHH Mortgage Corporation. (Gladney, Danya)
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Filing 24
Order Accepting #16 Findings and Recommendations. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and DENIES Plaintiff James Nicholsons Motion to Remand. (Doc. #8 ). (Ordered by Judge Brantley Starr on 8/22/2025) (ndt)
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Filing 23
RESPONSE filed by PHH Mortgage Corporation re: #18 Order Setting Deadline/Hearing, (Gladney, Danya)
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Filing 22
STANDING ORDER ON DISCOVERY AND NON-DISPOSITIVE MOTIONS (Ordered by Magistrate Judge David L. Horan on 8/5/2025) (ykp)
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Filing 21
STANDING ORDER REGARDING USE OF ARTIFICIAL INTELLIGENCE (Ordered by Magistrate Judge David L. Horan on 8/5/2025) (ykp)
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Filing 20
STANDING ORDER ON REQUESTS FOR HEARINGS AND ORAL ARGUMENTS (Ordered by Magistrate Judge David L. Horan on 8/5/2025) (ykp)
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Filing 19
STANDING ORDER ON FILING MATERIALS UNDER SEAL (Ordered by Magistrate Judge David L. Horan on 8/5/2025) (ykp)
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Filing 18
ORDER: The Court ORDERS Defendant PHH to file a response by 8/12/2025 to inform the Court if it should treat the pending #10 motion to dismiss as directed to Nicholson's First Amended Complaint or if the motion should be terminated as moot. (Ordered by Magistrate Judge David L. Horan on 8/5/2025) (ykp)
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Filing 17
ORDER REQUIRING CONFERENCE AND JOINT STATUS REPORT: Plaintiff and Defendant's counsel shall confer in person or by telephone not later than 8/19/2025. Joint Status Report and Proposed Scheduling Plan due by 9/9/2025. (Ordered by Magistrate Judge David L. Horan on 8/5/2025) (ykp)
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Filing 16
Findings and Recommendations: For the reasons explained above, the Court should deny Plaintiff James Nicholsons Motion to Remand [Dkt. No. #8 ]. A copy of these findings, conclusions, and recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days after being served with a copy. (Ordered by Magistrate Judge David L. Horan on 7/28/2025) (ndt)
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Filing 15
REPLY filed by James Nicholson re: #9 Order Setting Deadline/Hearing, (Sturgill, Kenneth)
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Filing 14
AMENDED COMPLAINT FIRST against All Defendants filed by James Nicholson. Summons(es) not requested at this time. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Sturgill, Kenneth)
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Filing 13
RESPONSE filed by PHH Mortgage Corporation re: #12 Order (Gladney, Danya)
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Filing 12
ORDER REGARDING SUBJECT MATTER JURISDICTION. (Ordered by Magistrate Judge David L. Horan on 7/16/2025) (cfk)
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Filing 11
ORDER STAYING MOTION TO DISMISS BRIEFING. Plaintiff James Nicholson's deadline to file a written response to Defendant PHH's motion to dismiss (Dkt. No. #10 ) is stayed until the Court has evaluated whether removal was proper and whether it continues to have subject matter jurisdiction over this action. (Ordered by Magistrate Judge David L. Horan on 7/16/2025) (cfk)
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Filing 10
MOTION to Dismiss filed by PHH Mortgage Corporation Attorney Danya Fuller Gladney added to party PHH Mortgage Corporation(pty:dft) (Gladney, Danya)
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Filing 9
SECOND ORDER REGARDING SUBJECT MATTER JURISDICTION: Nicholson must file a written response to this order explaining his views about the Court's initial question concerning removal and subject matter jurisdiction by 7/25/2025. (Ordered by Magistrate Judge David L. Horan on 7/15/2025) (ndt)
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Filing 8
MOTION to Remand to State Court filed by James Nicholson (Attachments: #1 Exhibit(s) Affidavit of Service on PHH) (Sturgill, Kenneth)
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Filing 7
ORDER: After the VA removed the action to this federal district court, Nicholson voluntarily dismissed all claims against the VA. See Dkt. No. 5. And, so, PHH is the sole remaining defendant. According to the VA's Notice of Removal, Nicholson effectuated service on the VA on June 2, 2025. See Dkt. No. #1 at 2. But there is no evidence in the record that Defendant PHH has been served. And, so, Nicholson must, by July 16, 2025, file with the Court proof of service on Defendant PHH or a written response to this order explaining why it has not yet effectuated service on PHH. (Ordered by Magistrate Judge David L. Horan on 7/2/2025) (ndt)
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Filing 6
ORDER REGARDING SUBJECT MATTER JURISDICTION. (Ordered by Magistrate Judge David L. Horan on 7/2/2025) (ndt)
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Filing 5
Joint STIPULATION OF DISMISSAL of the Secretary of Veterans Affairs by Veterans Affairs. (Hyatt-DOJ, Andrea)
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Filing 4
New Case Notes: A filing fee is not due for this case. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ndt)
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Filing 3
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Veterans Affairs. (Clerk QC note: No affiliate entered in ECF). (Hyatt-DOJ, Andrea)
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Filing 2
NOTICE of Attorney Appearance by Andrea L Hyatt-DOJ on behalf of Veterans Affairs. (Filer confirms contact info in ECF is current.) (Hyatt-DOJ, Andrea)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND filed by PHH Mortgage Corporation, James Nicholson, Veterans Affairs. (Filer fee note- Filed by the USA) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Additional Page(s) Index of State Court Records, #4 Additional Page(s) State Court Docket Sheet, #5 Additional Page(s) Original Petition, #6 Additional Page(s) Issue Citation- VA, #7 Additional Page(s) Issue Citation-VA, #8 Additional Page(s) Issue Citation - PHH Mortg. Co., #9 Additional Page(s) Notice- Dismissal for Want of Prosecution) (Hyatt-DOJ, Andrea)
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