Holland et al v. Federal National Mortgage Association et al
| David K Holland and Valeria Holland |
| Federal National Mortgage Association, Loan Care, NewRez LLC doing business as Shellpoint Mortgage Servicing and Federal Housing Finance Agency |
| 4:2025cv03004 |
| June 27, 2025 |
| U.S. District Court for the Southern District of Texas |
| Charles Eskridge |
| Yvonne Y Ho |
| Real Property: Other |
| 28 U.S.C. § 1331 (a) Fed. Question: Real Property |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 1, 2025. A more recent docket listing may be available from PACER.
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Filing 52
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: The Order and Recommendation of the Magistrate Judge is ADOPTED as the Memorandum and Order of this Court. Dkt 42. The motion for temporary restraining order and preliminary injunction is DENIED AS MOOT. Dkt 29.(Signed by Judge Charles Eskridge) Parties notified. (jmg4)
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| Filing 51 MOTION to Dismiss Plaintiff's Second Amended Complaint Motions referred to Yvonne Y Ho. by Loan Care, filed. Motion Docket Date 12/8/2025. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Watson, David) |
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Filing 50
ORDER striking #47 Motion to Dismiss. It is therefore ORDERED that Defendant's motion (Dkt. #47 ) is STRICKEN. Defendants have until November 17, 2025 to file a compliant version of the document. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4) (Main Document 50 replaced on 11/10/2025) (rlw4).
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| Filing 49 ANSWER to #44 Amended Complaint/Counterclaim/Crossclaim etc. by NewRez LLC, filed. (Keaton, Byron) |
| Filing 48 ANSWER to #44 Amended Complaint/Counterclaim/Crossclaim etc. by Federal National Mortgage Association, filed. (Keaton, Byron) |
| Filing 47 MOTION to Dismiss Plaintiff's Second Amended Complaint Motions referred to Yvonne Y Ho. by Loan Care, filed. Motion Docket Date 12/1/2025. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Watson, David) |
| Filing 46 Mail Returned Undeliverable as to Valeria Holland re: #42 Memorandum and Recommendations, filed. An updated address could not be found. (anc4) |
| Filing 45 NOTICE of Change of Address by David K Holland, filed. (smg4) |
| Filing 44 AMENDED COMPLAINT against All Defendants filed by David K Holland. Related document: #1 Notice of Removal filed by Loan Care. (smg4) |
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Filing 43
SCHEDULING ORDER. Amended Pleadings due by 11/10/2025. Joinder of Parties due by 11/10/2025 Pltf Expert Report due by 12/10/2025. Deft Expert Report due by 12/29/2025. Discovery due by 1/28/2026. Mediation due by 2/12/2026. Joint Pretrial Order due by 2/27/2026. Docket Call set for 3/17/2026 at 01:30 PM in Courtroom 9F before Judge Charles Eskridge. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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Filing 42
ORDER, MEMORANDUM, AND RECOMMENDATION re #29 EMERGENCY MOTION for Temporary Restraining Order MOTION for Preliminary Injunction; DENYING AS MOOT Dkt #7 ; GRANTING Dkt. #9 ; GRANTING Dkt. #20 ; and DENYING WITHOUT PREJUDICE Dkt. #3 . Objections to M&R due by 10/24/2025. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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| Minute Entry for proceedings held before Magistrate Judge Yvonne Y Ho. SCHEDULING CONFERENCE held on 10/10/2025. Hearing held. Dates read into the record. Pending motions discussed. Scheduling order and separate order to be filed. Appearances: Pro se plaintiff; David Holland. Valeria Holland not present; Byron Thomas Keaton, David M. Watson.(ERO: Yes), filed. (rlw4) |
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CONTINUATION OF ENTRY #42 FOR STATISTICAL PURPOSES - ORDER denying #3 Motion to Dismiss; denying as moot #7 Motion for Leave to Proceed in forma pauperis; granting #9 Motion for Leave to File; granting #20 Motion for Leave to File.(Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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| Filing 41 Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by NewRez LLC, filed. (Keaton, Byron) |
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Filing 40
ORDER granting #38 Motion for Extension of Time Initial Conference reset for 10/10/2025 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 39 STATUS REPORT by David K Holland, Valeria Holland, filed. (mew4) |
| Filing 38 MOTION for Extension of Time to File Joint Discovery/ Case Management Plan and, in the Alternative, to Continue Initial Conference set for 9/26/2025Motions referred to Yvonne Y Ho. by David K Holland, filed. Motion Docket Date 10/9/2025. (jm4) |
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Filing 37
ORDER TO ALLOW CLOSING.(Signed by Judge Charles Eskridge) Parties notified. (jmg4)
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| Filing 36 Joint MOTION for Declaration to Allow ClosingMotions referred to Yvonne Y Ho. by NewRez LLC, filed. Motion Docket Date 10/6/2025. (Attachments: #1 Proposed Order) (Keaton, Byron) |
| Filing 35 JOINT DISCOVERY/CASE MANAGEMENT PLAN by NewRez LLC, filed. (Attachments: #1 Proposed Order) (Keaton, Byron) |
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Filing 34
ORDER striking #33 Motion for Extension of Time; striking #33 Motion. David Holland has until September 18, 2025, to file a compliant version of the document. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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| Filing 33 MOTION for Extension of Time to file joint discovery/case management plan, MOTION continue initial pretrial conference( Motion Docket Date 10/1/2025.)Motions referred to Yvonne Y Ho. by David K Holland, filed. (hl4) |
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Filing 32
ORDER FROM STATUS CONFERENCE: It is ORDERED that the parties must submit a status report by September 18, 2025, stating whether the closing occurred as scheduled. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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| Filing 31 RESPONSE in Opposition to #29 EMERGENCY MOTION MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, filed by NewRez LLC. (Keaton, Byron) |
| Minute Entry for proceedings held before Magistrate Judge Yvonne Y Ho. STATUS CONFERENCE held on 9/8/2025. Hearing held. Order to be entered. Appearances: David Holland, pro se plaintiff; no appearance by Valeria Holland; Byron Thomas Keaton, David M. Watson.(ERO: Yes), filed. (rlw4) |
| Filing 30 NOTICE of Setting. Parties notified. Status Conference set for 9/8/2025 at 04:00 PM by video before Magistrate Judge Yvonne Y Ho, filed. (rlw4) |
| Filing 29 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction (Motion Docket Date 9/11/2025.), Motions referred to Yvonne Y Ho. by David K Holland, Valeria Holland, filed. (Attachments: #1 Exhibits) (mmm4). |
| Filing 28 Amended CERTIFICATE OF INTERESTED PARTIES by Federal National Mortgage Association, filed. (Keaton, Byron) |
| Filing 27 Amended CERTIFICATE OF INTERESTED PARTIES by NewRez LLC, filed. (Keaton, Byron) |
| Filing 26 CERTIFICATE OF INTERESTED PARTIES by Loan Care, filed. (Watson, David) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT by Loan Care, filed. (Watson, David) |
| Filing 24 DISCLOSURE OF INTERESTED PARTIES by David K. Holland, filed. (jm4) |
| Filing 23 NOTICE Regarding Magistrate Consent re: #11 Order Referring Case to Magistrate Judge by Loan Care, filed. (Watson, David) |
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Filing 22
ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES: Initial Conference set for 9/26/2025 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 21 NOTICE of Material Development in Support of First Amended Complaint and in Opposition to Motion to Dismiss re: #3 MOTION to Dismiss by David K Holland, filed. (amp4) |
| Filing 20 MOTION for Leave to File First Amended Complaint. Motions referred to Yvonne Y Ho. by David K Holland, filed. Motion Docket Date 8/21/2025. (amp4) |
| Filing 19 A-D EXHIBITS by David K Holland (amp4) |
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Filing 18
ORDER striking #17 Motion for Leave to File.(Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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| Filing 17 MOTION for Leave to File First Amended ComplaintMotions referred to Yvonne Y Ho. by David K Holland, filed. Motion Docket Date 8/20/2025. (Attachments: #1 /First Amended Complaint-A, B, C, D) (bwl4) |
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Filing 16
ORDER STRIKING #14 and #15 . It is ORDERED that Plaintiff' s unauthorized sur-reply (Dkt. #14 ) is STRICKEN from the record without leave to resubmit it. It is also ORDERED that Plaintiffs' notice (Dkt. #15 ) also be STRICKEN from the record. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4)
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| Filing 15 NOTICE of Correspondence to Opposing Counsel by David K Holland, Valeria Holland, filed. (bwl4) |
| Filing 14 REPLY to #13 Reply in Support of Motion, filed by David K Holland, Valeria Holland. (bwl4) |
| Filing 13 REPLY in Support of #3 MOTION to Dismiss , filed by Loan Care. (Watson, David) |
| Filing 12 NOTICE of Appearance by David M. Watson on behalf of Loan Care, filed. (Watson, David) |
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Yvonne Y. Ho. (Signed by Judge Charles Eskridge) Parties notified. (dm4)
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| Filing 10 RESPONSE in Opposition to #3 MOTION to Dismiss , filed by David K Holland, Valeria Holland. (Attachments: #1 Brief in Support, #2 Exhibit, #3 Proposed Order) (abb4) |
| Filing 9 MOTION for Leave to File Electronically as a Pro Se Litigant by David K Holland, Valeria Holland, filed. Motion Docket Date 8/8/2025. (Attachments: #1 Proposed Order) (abb4) |
| Filing 8 WAIVER OF SERVICE Returned Executed as to NewRez LLC and Fannie Mae served on 6/25/2025, answer due 8/25/2025, filed. (abb4) |
| Filing 7 APPLICATION to Proceed In Forma Pauperis by David K Holland, Valeria Holland, filed. Motion Docket Date 8/8/2025. (abb4) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by NewRez LLC, filed. (Keaton, Byron) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Federal National Mortgage Association, filed. (Keaton, Byron) |
| Filing 4 CONSENT to Removal by Federal National Mortgage Association, NewRez LLC, filed. (Keaton, Byron) |
| Filing 3 MOTION to Dismiss by Loan Care, filed. Motion Docket Date 7/28/2025. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order) (Smith, Sarah) |
| Filing 2 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 1 NOTICE OF REMOVAL from 80th Judicial District, case number 2025-34268 (Filing fee $ 405 receipt number ATXSDC-33672032) filed by Loan Care. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Smith, Sarah) |
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