82604412v.1 0103020/00365

JS 44 (Rev. 10/06) CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, 

except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September, 1974, is required for the use of the Clerk of 

Court for the purpose of initiating the civil docket sheet: (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) 

I. (a) PLAINTIFFS 

Destiny Rose Rios 

DEFENDANTS 

PennyMac Loan Services, LLC 

(b) County of Residence of First Listed Plaintiff: Bexar County, Texas 

(EXCEPT IN U.S. PLAINTIFF CASES) 

County of Residence of First Listed Defendant: Los Angeles County, California

(c) Attorneys (Firm Name, Address, And Telephone Number)

Barry L. Efron 

Efron & Efron, Inc. 

10010 San Pedro Avenue, Suite 660 

San Antonio, Texas 78216 

Telephone: (210) 366-9676 

Attorneys (If Known) 

B. David L. Foster 

Daniel Durell 

Locke Lord LLP 

600 Congress Avenue, Suite 2200 

Austin, TX 78701 

Telephone: (512) 305-4700 

Thomas G. Yoxall 

Locke Lord LLP 

2200 Ross Avenue, Suite 2800 

Dallas, TX 75201 

Telephone: (214) 740-8000 

II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES

(for Diversity Cases Only)

(Place an "X" in One For Plaintiff 

 and One Box for Defendant)

1 U.S. Government 

Plaintiff 

2 U.S. Government 

Defendant

 3 Federal Question 

 (U.S. Government Not a Party) 

 4 Diversity 

 (Indicate Citizenship of Parties in Item III)

Citizen of This State 

Citizen of Another State 

Citizen or Subject of a 

Foreign Country

PTF DEF

 1 1 

 2 2 

 3 3

Incorporated or Principal Place of 

Business in this State 

Incorporated and Principal Place of 

Business in Another State 

Foreign Nation

PTF DEF 

 4 4 

 5 5 

 6 6

IV. NATURE OF SUIT (Place an "X" in One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 

110 Insurance 

120 Marine 

130 Miller Act 

140 Negotiable Instrument 

150 Recovery of Overpayment 

& Enforcement of Judgment 

151 Medicare Act 

152 Recovery of Defaulted 

Student Loans 

 (Excl. Veterans) 

153 Recovery of Overpayment 

of Veteran's Benefits 

160 Stockholders’ Suits 

190 Other Contracts 

195 Contract Product Liability 

196 Franchise

PERSONAL INJURY 

310 Airplane 

315 Airplane Product 

Liability 

320 Assault Libel & 

Slander 

330 Federal Employers’ 

Liability 

340 Marine 

345 Marine Product 

Liability 

350 Motor Vehicle 

355 Motor Vehicle 

Product Liability 

360 Other Personal 

Injury

PERSONAL INJURY 

362 Personal Injury--

Med Malpractice 

365 Personal Injury--

Product Liability 

368 Asbestos Personal 

Injury Product 

Liability 

PERSONAL PROPERTY 

370 Other Fraud 

371 Truth in Lending 

380 Other Personal 

Property Damage 

385 Property Damage 

Product Liability

610 Agriculture 

620 Other Food & Drug 

625 Drug Related Seizure 

of Property 21 U.S.C. 

881 

630 Liquor Laws 

640 R R & Truck 

650 Airline Regs 

660 Occupational 

Safety/Health 

690 Other

422 Appeal 28 USC 158 

423 Withdrawal 

28 USC 157

400 State Reappointment 

410 Antitrust 

430 Banks and Banking 

450 Commerce 

460 Deportation 

470 Racketeer Influenced and 

Corrupt Organizations 

480 Consumer Credit 

490 Cable/Sat TV 

810 Selective Service 

850 Securities/Commodities/ 

Exchange 

875 Customer Challenge 

12 USC 3410 

890 Other Statutory Actions 

891 Agricultural Acts 

892 Economic Stabilization Act 

893 Environmental Matters 

894 Energy Allocation Act 

895 Freedom of Information Act 

900 Appeal of Fee Determination 

Under Equal Access to 

Justice 

950 Constitutionality of State 

Statutes 

PROPERTY RIGHTS 

820 Copyrights 

830 Patent 

840 Trademark 

LABOR SOCIAL SECURITY 

710 Fair Labor Standards 

Act 

720 Labor/Mgmt. Relations

730 Labor/Mgmt. 

Reporting & 

Disclosure Act 

740 Railway Labor Act 

790 Other Labor Litigation 

791 Empl. Ret. Inc. 

Security Act 

861 HIA (1395 ff) 

862 Black Lung (923) 

863 DIWC/DIWW (405(g))

864 SSID Title XVI 

865 RSI (405(g))

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS 

210 Land Condemnation 

220 Foreclosure 

230 Rent Lease & Ejectment 

240 Torts to Land 

245 Tort Product Liability 

290 All Other Real Property

441 Voting 

442 Employment 

443 Housing/ 

Accommodations 

444 Welfare 

445 Amer. w/Disabilities 

– Employment 

446 Amer. w/Disabilities 

- Other 

440 Other Civil Rights 

510 Motions to Vacate 

Sentence 

 Habeas Corpus 

530 General 

535 Death Penalty 

540 Mandamus & Other

550 Civil Rights 

555 Prison Condition 

870 Taxes (U.S. Plaintiff 

or Defendant) 

871 IRS--Third Party 

26 U.S.C. 7609 

V. ORIGIN (Place an "X" in One Box Only) 

 1 Original 

Proceeding 

Removed from 

State Court 

 3 Remanded from 

Appellate Court 

 4 Reinstated or 

reopened 

 5 Transferred from 

another district 

(specify) 

 6 Multidistrict 

Litigation 

 7 Appeal to District Judge 

from Magistrate 

Judgment 

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 

28 U.S.C. §§ 1332, 1441(a) (Removal of case with diversity jurisdiction) 

Brief description of cause: 

Foreclosure prevention

VII. REQUESTED IN

COMPLAINT:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P 23 

DEMAND $ CHECK YES only if demanded in complaint 

JURY DEMAND: YES NO 

VIII. RELATED CASE(S) 

IF ANY (See instructions) JUDGE __________________________________ DOCKET NUMBER _____________________________ 

DATE SIGNATURE OF ATTORNEY OF RECORD 

March 13, 2020 /s/ Daniel Durell 

NO. 5:20-cv-00308

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82604412v.1 0103020/00365

FOR OFFICE USE ONLY

Receipt # _______________ Amount ______________ APPLYING IFP ______________ JUDGE __________________ MAG. JUDGE _________________________ 

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82604412v.1 0103020/00365

JS 44 Reverse(Rev 10/06) 

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 

Authority for Civil Cover Sheet 

The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other 

papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in 

September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is 

submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: 

I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government 

agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the 

agency and then the official, giving both name and title. 

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff 

resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. 

(NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.) 

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an 

attachment, noting in this section “(see attachment)”. 

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place 

an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. 

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States, are included here. 

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box. 

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment 

to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes 

precedence, and box 1 or 2 should be marked. 

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the 

citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) 

III. Residence (citizenship) of Principal Parties. This section of the JS-44 is to be completed if diversity of citizenship was indicated above. 

Mark this section for each principal party. 

IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV 

below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits 

more than one nature of suit, select the most definitive. 

V. Origin. Place an “X” in one of the seven boxes. 

Original Proceedings. (1) Cases which originate in the United States district courts. 

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. 

When the petition for removal is granted, check this box. 

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing 

date. 

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. 

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a) Do not use this for within district transfers or 

multidistrict litigation transfers. 

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. 

When this box is checked, do not check (5) above. 

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision. 

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite 

jurisdictional statutes unless diversity Example: U.S. Civil statute: 47 USC 553; Brief Description: Unauthorized reception of cable service 

VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P. 

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. 

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. 

VIII. Related Cases. This section of the JS-44 is used to reference related cases that are related to this filing if any. If a related case exists, 

whether pending or closed, insert the docket numbers and the corresponding judge names for such cases. A case is “related” to this filing if the case: 

(1) involves some or all of the same parties and is based on the same or similar claim; (2) involves the same property, transaction, or event; (3) 

involves substantially similar issues of law and fact; and/or (4) involves the same estate in a bankruptcy appeal. 

Date and Attorney Signature. Date and sign the civil cover sheet. 

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