Martinez et al v. SN Servicing Corporation et al
| Adam Martinez, Hugo Cervantes and Raquel Vega Cervantes Martinez |
| SN SERVICING CORPORATION and Family Benefit Life Insurance Company |
| 4:2025cv01270 |
| March 18, 2025 |
| U.S. District Court for the Southern District of Texas |
| Charles Eskridge |
| Yvonne Y Ho |
| Real Property: Foreclosure |
| 12 U.S.C. § 191 Bank Foreclosure |
| None |
Docket Report
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This docket was last retrieved on March 27, 2026. A more recent docket listing may be available from PACER.
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| Filing 52 PROPOSED ORDER re: #49 MOTION to Strike #48 Proposed Order, #46 JointDiscovery/Case Management Plan, #47 Notice (Other) , filed. (Price, Sarah) |
| Filing 51 PROPOSED ORDER re: #50 JointDiscovery/Case Management Plan, filed. (Price, Sarah) |
| Filing 50 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Family Benefit Life Insurance Company, filed. (Price, Sarah) |
| Filing 49 MOTION to Strike #48 Proposed Order, #46 JointDiscovery/Case Management Plan, #47 Notice (Other) Motions referred to Yvonne Y Ho. by Family Benefit Life Insurance Company, filed. Motion Docket Date 10/3/2025. (Attachments: #1 Exhibit Attachment) (Price, Sarah) |
| Filing 48 PROPOSED Scheduling Order, filed. (th4) |
| Filing 47 NOTICE of Entry re: #46 JointDiscovery/Case Management Plan by Hugo Cervantes, Raquel Vega Cervantes Martinez, Adam Martinez, filed. (th4) |
| Filing 46 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Hugo Cervantes, Raquel Vega Cervantes Martinez, Family Benefit Life Insurance Company, Adam Martinez, filed. (th4) |
| Filing 45 Mail Returned Undeliverable as to Hugo Cervantes re: #41 Order,, filed. (glk4) |
| ***Set Deadlines/Hearings: Initial Conference set for 9/26/2025 at 11:00 AM by video before Magistrate Judge Yvonne Y Ho. (rlw4) |
| Filing 44 REQUEST FOR ORAL HEARING AND ORAL ARGUMENT OPPORTUNITY FOR LESS EXPERIENCED ATTORNEY by Family Benefit Life Insurance Company, filed. (Price, Sarah) |
| Filing 43 RESPONSE in Opposition to #38 MOTION for Leave to File to amend pleading pursuant to Rule 15, filed by Family Benefit Life Insurance Company. (Attachments: #1 Proposed Order Proposed Order Denying Leave to Amend) (Price, Sarah) |
| Filing 42 NOTICE of Appearance by Michael J. Schroeder; Sarah R. Price on behalf of Family Benefit Life Insurance Company, filed. (Price, Sarah) |
Filing 41
ORDER STRIKING DOCUMENTS: It is therefore ORDERED that Defendant's advisory (Dkt. #37 ) and response to Plaintiffs' motion for leave (Dkt. #40 ) are STRICKEN from the record. Defendant Family Benefit Life Insurance Company has until September 2, 2025 to file a compliant version of its response to Plaintiff's motion for leave to file an amended complaint only. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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| Filing 40 RESPONSE in Opposition to #38 MOTION for Leave to File to amend pleading pursuant to Rule 15, filed by Family Benefit Life Insurance Company. (Schroeder, Michael) |
| Filing 39 Mail Returned Undeliverable as to Hugo Cervantes re: #36 Order, filed. An updated address could not be found. (jlm4) Modified on 7/3/2025 (jlm4). |
| Filing 38 MOTION for Leave to amend pleading pursuant to Rule 15Motions referred to Yvonne Y Ho. by Hugo Cervantes, Raquel Vega Cervantes Martinez, filed. Motion Docket Date 7/23/2025. (cmk4) |
| Filing 37 ADVISORY by Family Benefit Life Insurance Company, filed. (Schroeder, Michael) |
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Filing 36
NON-COMPLIANCE ORDER AND RESETTING RULE 16: Initial Conference reset for 9/26/2025 at 11:00 AM by video before Magistrate Judge Yvonne Y Ho (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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| Filing 35 NOTICE of Non Representation re: #1 Notice of Removal,, filed. (hl4) |
| Filing 34 Unsworn DECLARATION of Adam Martinez, filed. (bli4) |
| Filing 33 Unsworn DECLARATION of Hugo Cervantes, filed. (bli4) |
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Filing 32
ORDER ON MOTION TO STRIKE #26 . It is ORDERED that Plaintiffs' request to strike the pending motion to dismiss is DENIED. The motion to dismiss remains pending. To ensure that the record is clear, it is ORDERED that Hugo Cervantes and Adam Martinez each submit a declaration made under penalty of perjury, see 28 U.S.C. 1746, and by June 20, 2025, stating whether Juana M. Calvillo is their counsel of record. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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Filing 31
ORDER STRIKING PLAINTIFF'S FILING: It is therefore ORDERED that Plaintiffs' unauthorized "Reply to Defendant's Reply to Response to Motion to Dismiss and Motion to Strike" (Dkt. #30 ) is hereby STRICKEN from the record without leave to resubmit it. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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| Filing 30 REPLY to #28 Reply to Response to Motion, filed by Hugo Cervantes, Raquel Vega Cervantes Martinez. (bmn4) |
| Filing 29 SUPPLEMENT to #27 Exhibits by Raquel Vega Cervantes Martinez, filed. (bmn4) |
| Filing 28 REPLY to Response to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Family Benefit Life Insurance Company. (Attachments: #1 Exhibit Plaintiff/s' State Court Attorney Prior to Removal) (Schroeder, Michael) |
| Filing 25 PROPOSED ORDER Denying re: #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed. (mmm4) |
| Filing 24 PROPOSED ORDER re: #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed. (mmm4) |
| Filing 27 EXHIBITS- Plaintiff's Index of All Documents Filed re: #26 Response by Hugo Cervantes, Raquel Vega Cervantes Martinez, filed. (glc4) |
| Filing 26 RESPONSE to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Hugo Cervantes, Raquel Vega Cervantes Martinez. (glc4) |
| Filing 23 PROPOSED ORDER re: #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed. (Schroeder, Michael) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motions referred to Yvonne Y Ho. by Family Benefit Life Insurance Company, filed. Motion Docket Date 6/9/2025. (Attachments: #1 Exhibit Deed of Trust, #2 Exhibit Promissory Note, #3 Exhibit Assignment, #4 Exhibit Notice of Default, #5 Exhibit Notice of Substitute Trustee's Sale, #6 Exhibit Notice of Acceleration and Substitute Trustee's Sale, #7 Exhibit Loan Modification Denial, #8 Exhibit Temporary Restraining Order (First), #9 Exhibit Harris County District Court Docket, #10 Exhibit Substitute Trustee's Deed, #11 Exhibit Notice to Vacate, #12 Exhibit Forcible Detainer Action, #13 Exhibit Bankruptcy Docket and Dismissal Order, #14 Exhibit Notice of Hearing - Trial Reset, #15 Exhibit Default Judgment, #16 Exhibit Notice of Appeal, #17 Exhibit Temporary Restraining Order (Second), #18 Exhibit Temporary Restraining Order (Extension)) (Schroeder, Michael) |
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Filing 21
ORDER striking #20 Motion to Dismiss for Failure to State a Claim. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motions referred to Yvonne Y Ho. by Family Benefit Life Insurance Company, filed. Motion Docket Date 5/30/2025. (Attachments: #1 Exhibit Deed of Trust, #2 Exhibit Promissory Note, #3 Exhibit Assignment, #4 Exhibit Notice of Default, #5 Exhibit Notice of Substitute Trustee's Sale, #6 Exhibit Notice of Acceleration and Substitute Trustee's Sale, #7 Exhibit Loan Modification Denial, #8 Exhibit Temporary Restraining Order (First), #9 Exhibit Harris County District Court Docket, #10 Exhibit Substitute Trustee's Deed, #11 Exhibit Notice to Vacate, #12 Exhibit Forcible Detainer Action, #13 Exhibit Bankruptcy Docket and Dismissal Order, #14 Exhibit Notice of Hearing, #15 Exhibit Default Judgment, #16 Exhibit Notice of Appeal, #17 Exhibit Temporary Restraining Order (Second), #18 Exhibit Temporary Restraining Order (Extension)) (Schroeder, Michael) |
| Filing 19 ADVISORY by Family Benefit Life Insurance Company, filed. (Attachments: #1 Exhibit, #2 Exhibit) (Schroeder, Michael) |
| Filing 18 INITIAL DISCLOSURES by Hugo Cervantes, Raquel Vega Cervantes Martinez, Adam Martinez, filed. (Attachments: #1 Continuation) (abb4) |
| Filing 17 DECLINATION TO CONSENT to Proceed Before a Magistrate Judge by Raquel Vega Cervantes Martinez, filed. (gc4) |
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Filing 16
ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES: Initial Conference set for 7/3/2025 at 11:00 AM by video before Magistrate Judge Yvonne Y Ho. A Zoom link will be emailed to the parties the day before the hearing. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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| Filing 15 NOTICE of Consent to Proceed before a Magistrate Judge re: #14 Order Referring Case to Magistrate Judge by Family Benefit Life Insurance Company, filed. (Schroeder, Michael) |
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Yvonne Y. Ho. (Signed by Judge Charles Eskridge) Parties notified. (jmg4)
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| Filing 13 RESPONSE to #10 Objections to Application for Emergency Temporary Restraining Order and Temporary Injunction., filed by Raquel Vega Cervantes Martinez. (jld4) |
| Filing 12 Plaintiff's Exhibit List - Application for Emergency Temporary Restraining Order and Temporary Injunction by Raquel Vega Cervantes (jld4) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting by Family Benefit Life Insurance Company, filed. (Schroeder, Michael) |
| Filing 10 OBJECTIONS to #7 EMERGENCY MOTION MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , filed by Family Benefit Life Insurance Company. (Schroeder, Michael) |
| Filing 9 OBJECTIONS to #4 MOTION to Remand , filed by Family Benefit Life Insurance Company. (Attachments: #1 Exhibit Exhibit A - Plaintiff's Second Amended Petition) (Schroeder, Michael) |
| Filing 8 AFFIDAVIT of Raquel Vega Cervantes Martinez re: #4 MOTION to Remand, #7 EMERGENCY MOTION for Temporary Restraining Order, filed. (bli4) |
| Filing 7 EMERGENCY MOTION for Temporary Restraining Order and Temporary Injunction (Motion Docket Date 4/11/2025.) by Raquel Vega Cervantes, filed. (Attachments: #1 Proposed Order) (bli4) |
| Filing 6 Index of all documents filed by Raquel Vega Cervantes, filed. (cmk4) |
| Filing 5 NOTICE of related case by Raquel Vega Cervantes, filed. (cmk4) |
| Filing 4 EMERGENCY MOTION to Remand by Raquel Vega Cervantes, filed. Motion Docket Date 4/9/2025. (Attachments: #1 Proposed Order) (cmk4) |
| Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bmn4) |
| Referral Judge Selected: Magistrate Judge Yvonne Y. Ho randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (bmn4) |
| Filing 2 NOTICE OF RELATED CASES by Family Benefit Life Insurance Company, filed. (Schroeder, Michael) |
| Filing 1 NOTICE OF REMOVAL from 11th Judicial District Court, case number 2024-66214 (Filing fee $ 405 receipt number ATXSDC-33092035) filed by Family Benefit Life Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit) (Schroeder, Michael) |
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