Harris v. US Bank National Association
(4:25-cv-00003)
District Court, S.D. Texas, Judge Sim Lake
JAN 11, 2025 | REPUBLISHED BY LIT: FEB 12, 2025
FEB 12, 2025
Last update / visit by LIT
No show cause, sanctions, NADA. That’s only for targeted litigants and whistleblowers in SDTX court, when it comes to foreclosure cases.
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.
Initial Conference set for 2/7/2025 at 3:00 PM in Courtroom 9B before Judge Sim Lake.
(Signed by Judge Sim Lake) Parties notified. (sra4) (Entered: 01/07/2025)
| CAB,CLOSED |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:25-cv-00003
| Harris v. US Bank National Association Assigned to: Judge Sim Lake Demand: $75,000 Cause: 12:191 Bank Foreclosure |
Date Filed: 01/01/2025 Date Terminated: 02/05/2025 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Michael Latrent Harris | represented by | Javier Martinez Alvarez Legal PLLC PO Box 150542 Austin 956-821-0278 Email: javier@alvlegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| US Bank National Association As Trustee for Residential Mortgage Loan Trust 2020-1 |
represented by | Travis Hegar Gray Jack O’Boyle & Assoc PO Box 815369 Dallas, TX 75381 972-247-0653 Email: ecf@jackoboyle.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/01/2025 | 1 | NOTICE OF REMOVAL from Waller County Court at Law No. 2, case number CV24-11-1310 (Filing fee $ 405 receipt number ATXSDC-32696612) filed by US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL MORTGAGE LOAN TRUST 2020-1. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Gray, Travis) (Entered: 01/01/2025) |
| 01/02/2025 | 2 | CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (gc4) (Entered: 01/02/2025) |
| 01/04/2025 | 3 | CERTIFICATE OF INTERESTED PARTIES by US Bank National Association, filed. (Gray, Travis) (Entered: 01/04/2025) |
| 01/04/2025 | 4 | NOTICE CERTIFICATE OF SERVICE IN A REMOVED ACTION by US Bank National Association, filed. (Gray, Travis) (Entered: 01/04/2025) |
| 01/04/2025 | 5 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by US Bank National Association, filed. Motion Docket Date 1/27/2025. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order) (Gray, Travis) (Entered: 01/04/2025) |
| 01/06/2025 | 6 | NOTICE OF SERVICE of Mandatory Initial Discovery Responses by US Bank National Association, filed. (Gray, Travis) (Entered: 01/06/2025) |
| 01/07/2025 | 7 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/7/2025 at 3:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified. (sra4) (Entered: 01/07/2025) |
| 02/02/2025 | 8 | REPORT of Rule 26(f) Planning Meeting by US Bank National Association, filed. (Gray, Travis) (Entered: 02/02/2025) |
| 02/03/2025 | 9 | CLERKS NOTICE OF CANCELLATION – *** Initial Pretrial and Scheduling Conference set on February 7, 2025 at 3:00pm before Judge Sim Lake is CANCELED *** . Parties notified, filed. (sra4) (Entered: 02/03/2025) |
| 02/05/2025 | 10 |
MEMORANDUM OPINION AND ORDER – Plaintiff has not responded to Defendant’s MTD and has not requested leave to amend. Plaintiff has not provided notice of any amendments he could make to cure the pleading deficiencies explained in Defendant’s MTD. The court will therefore not grant leave to amend, and the court’s dismissal of the Petition will be with prejudice. For the reasons stated, the court concludes that Plaintiff has failed to state a claim upon which relief can be granted. The 5 Rule 12(b)(6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Defendant US Bank National Association as Trustee for Residential Mortgage Trust 2020-1 is therefore GRANTED, and this action will be dismissed with prejudice. (Signed by Judge Sim Lake) Parties notified. (sra4) (Entered: 02/05/2025) |
| 02/05/2025 | 11 |
FINAL JUDGMENT – In accordance with the court’s Memorandum Opinion and Order granting Defendant’s 5 Rule 12(b) (6) Motion to Dismiss Plaintiff’s Complaint for Failure to State a Claim of Defendant US Bank National Association as Trustee for Residential Mortgage Loan Trust 2020-1, this action is DISMISSED with prejudice. Costs will be taxed against the plaintiff…*** Case terminated on 2/5/25. (Signed by Judge Sim Lake) Parties notified. (sra4) (Entered: 02/05/2025) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 02/12/2025 12:46:51 |
SEP 17, 2024
Last update / visit by LIT
LIT Update
Michael Harris lawsuit concluded at the end of December 2023, with Judge Charles Eskridge adopting Magistrate Judge Christine Bryan’s recommendations for dismissal of Harris case with dismissal. He appealed to the 5th Circuit but that would be dismissed for failure to prosecute at the end of April. Zillow shows the property listed for auction by foreclosure at the time of this update.
Harris v. BSI Financial Services, Inc.
(4:23-cv-01414)
District Court, S.D. Texas, Judge Eskridge
APR 16, 2023 | REPUBLISHED BY LIT: APR 29, 2023
Jun 20, AUG 8, 2023 SEP 17, 2024
Last update / visit by LIT
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: The Memoranda and Recommendations of the Magistrate Judge are ADOPTED as the Memoranda and Orders of this Court.
Dkts 20 & 21.
The motion by Plaintiff to remand is DENIED.
Dkt 11.
The motion by Defendants to dismiss is GRANTED.
Dkt 2.
The motion by Defendants for summary judgment is DENIED.
Dkt 18.
This case is DISMISSED WITH PREJUDICE.
A final judgment will issue by separate order.
(Signed by Judge Charles Eskridge) Parties notified.(JennelleGonzalez, 4)
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.
Initial Conference set for 7/10/2023 at 10:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan
(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4) (Entered: 05/23/2023)
From and including: Tuesday, May 23, 2023
To and including: Monday, July 10, 2023
Result: 49 days
It is 49 days from the start date to the end date, end date included.
Or 1 month, 18 days including the end date.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-01414
| Harris v. BSI Financial Services, Inc. et al Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan Demand: $75,000
Cause: 28:1444 Petition for Removal- Foreclosure |
Date Filed: 04/16/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/18/2023 | 5 | ORDER REFERRING CASE to Magistrate Judge Christina A Bryan(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 05/18/2023) |
| 05/23/2023 | 6 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/10/2023 at 10:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4) (Entered: 05/23/2023) |
| 05/23/2023 | 7 | Order in Removed Case. Statement due within ten days.(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4) (Entered: 05/23/2023) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 05/24/2023 08:21:32 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-01414
| Harris v. BSI Financial Services, Inc. et al Assigned to: Judge Charles Eskridge Demand: $75,000
Cause: 28:1444 Petition for Removal- Foreclosure |
Date Filed: 04/16/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Michael Harris | represented by | Michael Harris 4707 Schlipf Road Katy, TX 77493 PRO SE |
| V. | ||
| Defendant | ||
| BSI Financial Services, Inc. | represented by | Travis Hegar Gray Jack O’Boyle & Assocociates PO Box 815369 Dallas, TX 75381 972-247-0653 Email: travis@jackoboyle.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDChristopher Scott Ferguson Jack O’Boyle and Associates PO Box 815369 Dallas, TX 75381 972-247-0653 Fax: 972-2470642 Email: chris@jackoboyle.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| U.S. Bank National Association, | represented by | Travis Hegar Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDChristopher Scott Ferguson (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Residential Mortgage Loan Trust 2020-1 | represented by | Travis Hegar Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDChristopher Scott Ferguson (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/16/2023 | 1 | NOTICE OF REMOVAL from 506TH DISTRICT COURT, WALLER COUNTY, TEXAS, case number CV23-04-0760 (Filing fee $ 402 receipt number BTXSDC-29757123) filed by BSI Financial Services, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Gray, Travis) (Entered: 04/16/2023) |
| 04/16/2023 | 2 | MOTION to Dismiss ( Motion Docket Date 5/8/2023.), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BSI Financial Services, Inc., RESIDENTIAL MORTGAGE LOAN TRUST 2020-1, U.S. Bank National Association,, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Proposed Order)(Gray, Travis) (Entered: 04/16/2023) |
| 04/17/2023 | 3 | NOTICE OF SERVICE of Mandatory Initial Discovery Responses by BSI Financial Services, Inc., Residential Mortgage Loan Trust 2020-1, U.S. Bank National Association,, filed. (Attachments: # 1 Exhibit A)(Gray, Travis) (Entered: 04/17/2023) |
| 04/17/2023 | 4 | CERTIFICATE OF INTERESTED PARTIES by BSI Financial Services, Inc., Residential Mortgage Loan Trust 2020-1, U.S. Bank National Association,, filed.(Gray, Travis) (Entered: 04/17/2023) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 04/29/2023 13:54:51 |
4704 Schlipf Road is Back in Houston Federal Court, or should that be 4707?
4707 Schlipf Rd, Katy, TX 77493
Indicted Texas AG Goes After Home Title Lock for Tellin’ The Truth About Title Fraud In Texas
Meanwhile, Ken Paxton and his Senator wife Angela continue to protect Texas lawyers stealin’ homes from Texas Citizens by Title Deed fraud.
Hill v. Lakeview Loan Servicing LLC
Lakeview Loan Servicing LLC sharing foreclosure cases, including Malcolm Cisneros, a Law Corporation based in Dallas and Irvine, California.
