LIT COMMENTARY (POST JUDGMENT)
STILL ON THE MARKET FOR SALE BY LUNA (Screenshot May 23, 2024)
No substitute trustee foreclosure auction for the Queen of Title Fraud – sell the property at your leisure, Rachel Luna, signed, the Ochlocracy Committee.
Bandit lawyer Erick DeLaRogue was told in January 2024 to run around and file non-suits on all of his sketchy cases in Harris County District Court, dismissing them WITH PREJUDICE to refilin’ by the judiciary.
Comically, he’s done that with this Luna case. On Jan 11, 2024 he submitted a notice of nonsuit with proposed order dismissing Luna’s case with prejudice.
What’s even more stupefying is the fact that the assigned Harris County District Judge – Robert Schaffer – signed the ORDER as “well taken” on 2/12/2024.
There’s only one major problem – the case was removed and dismissed in federal court as this published article confirms. In short, Schaffer doesn’t have jurisdiction over the Harris County case to enter such an order.
LIT also notes at the time of writing this update that in a related case involving LIT in Harris County, he’s been “assigned” LIT’s case by Admin. Judge Elaine Palmer, when – similarly – the case in question is over due to the acts of Outlaw Judge Tami Craft and Judge Schaffer has no subject-matter jurisdiction in that “assignment” either as the orders by Craft are void ab initio.
“Inactive” Lawyer Clay Vilt’s Harris County Court Foreclosure Affidavit for Eddie Lindsey is Perjurious by Non-Disclosure https://t.co/5arf3GiOY9
— lawsinusa (@lawsinusa) February 9, 2024
Luna v. U.S. Bank, NA, as trustee for RCF 2 Acquisition Trust
(4:23-cv-03005)
District Court, S.D. Texas
Judgment – Final (without prejudice – its only fraud – but that’s fine, its how SDTX wants cases, signed by Judge Sim Lake)
MEMORANDUM OPINION AND ORDER, granting 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM
(Signed by Judge Sim Lake) Parties notified. (Joan Davenport, 4)
ORDER – Defendant, U.S. Bank, NA, has filed a 6 Response to the Court’s 5 Order issued on August 24, 2023.
U.S. Bank, NA asserts that it will maintain its Motion to Dismiss.
ORDERED that Plaintiff’s Response due by 9/21/2023
re: 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM.
(Signed by Judge Sim Lake) Parties notified.
(SheilaRAnderson, 4) (Entered: 09/01/2023)
ORDER – Defendant, U.S. Bank, NA,, has filed a 3 Motion to Dismiss.
The motion seeks dismissal pursuant to Fed. R. Civ. P. 12(b)(6).
The court’s normal practice is to allow only one dispositive motion per party, and the court sees no reason to make an exception in this case. This practice is especially appropriate in a case like this where the moving party seeks to apply federal pleading standards to a state court petition.
If U.S. Bank, NA’s motion to dismiss is denied, the court will therefore not allow it to file a motion for summary judgment.
If U.S. Bank, NA wishes to withdraw the motion to dismiss, the court will enter a docket control order that includes a date for motions for summary judgment.
The court requests that U.S. Bank, NA inform the court of its decision by September 1, 2023.
(Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 08/25/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-03005
Luna v. U.S. Bank, et al Assigned to: Judge Sim Lake |
Case in other court: | 152nd JD Harris County, Texas, 23-04058 |
Cause: 28:1446 Notice of RemovalDate Filed: 08/15/2023
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Date Filed | # | Docket Text |
---|---|---|
08/15/2023 | 1 | NOTICE OF REMOVAL from 152nd JD Harris County, case number 2023-40058 (Filing fee $ 402 receipt number ATXSDC-30359412) filed by U.S. Bank, NA, as trustee for RCF 2 Acquisition Trust. (Attachments: # 1 Exhibit Index to Notice of Removal, # 2 Exhibit A – State Court Docket Sheet (152nd Harris Cause 2023-40058, # 3 Exhibit A-1 Plaintiff’s Original Petition and App for Injunctive Relief and Request for Disclosures, # 4 Exhibit A-2 Declaration/Verification of Rachel Luna, # 5 Exhibit A-3 Temporary Restraining Order, # 6 Exhibit A-4 Clerk’s Certificate of Cash Deposit in Lieu of Injunction Bond Per Order of the Court, # 7 Exhibit B – Appraisal District Profile, # 8 Civil Cover Sheet Civil Cover Sheet, # 9 Supplement Supplemental Civil Cover Sheet)(Nunnallee, Adam) (Entered: 08/15/2023) |
08/15/2023 | 2 | CERTIFICATE OF INTERESTED PARTIES by U.S. Bank, NA, as trustee for RCF 2 Acquisition Trust, filed.(Nunnallee, Adam) (Entered: 08/15/2023) |
08/22/2023 | 3 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by U.S. Bank, NA, filed. Motion Docket Date 9/12/2023. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sepulveda, Stephanie) (Entered: 08/22/2023) |
08/23/2023 | 4 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/13/2023 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 08/23/2023) |
08/24/2023 | 5 | ORDER – Defendant, U.S. Bank, NA,, has filed a 3 Motion to Dismiss. The motion seeks dismissal pursuant to Fed. R. Civ. P. 12(b)(6). The court’s normal practice is to allow only one dispositive motion per party, and the court sees no reason to make an exception in this case. This practice is especially appropriate in a case like this where the moving party seeks to apply federal pleading standards to a state court petition. If U.S. Bank, NA’s motion to dismiss is denied, the court will therefore not allow it to file a motion for summary judgment. If U.S. Bank, NA wishes to withdraw the motion to dismiss, the court will enter a docket control order that includes a date for motions for summary judgment. The court requests that U.S. Bank, NA inform the court of its decision by September 1, 2023. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 08/25/2023) |
09/01/2023 | 6 | STATEMENT re maintain Motion to Dismiss for consideration re: 5 Order,,, by U.S. Bank, NA, filed.(Sepulveda, Stephanie) (Entered: 09/01/2023) |
09/01/2023 | 7 | ORDER – Defendant, U.S. Bank, NA, has filed a 6 Response to the Court’s 5 Order issued on August 24, 2023. U.S. Bank, NA asserts that it will maintain its Motionto Dismiss. ORDERED that Plaintiff’s Response due by 9/21/2023 re: 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Signed by Judge Sim Lake) Parties notified.(SheilaRAnderson, 4) (Entered: 09/01/2023) |
PACER Service Center | |||
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Transaction Receipt | |||
09/20/2023 16:09:26 |
“The Court is not persuaded by any of Mr. Burke’s arguments that it lacks jurisdiction in this case, or that the undersigned Assigned Judge lacks jurisdiction or authority to act in this case” – Hon. Dan Hinde, for Harris County District Court 234https://t.co/jrzzSZcza2 pic.twitter.com/EWI0lIdfwX
— lawsinusa (@lawsinusa) August 11, 2023
202340058 –
LUNA, RACHEL vs. U S BANK NA
(Court 152, JUDGE ROBERT K. SCHAFFER)
JUN 29, 2023 | REPUBLISHED BY LIT: JUN 29, 2023
Clerks Certificate of Cash Deposit in Lieu of Injunction Bond Per Order of the Court
$1,200 Cash Bond secures Judge “Bob” Schaffer’s approval to reset the injunction hearing on July 13, 2023.
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3/3/2023 | 125 | Civil | Foreclosure – Other | |
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2/7/2023 | 011 | Civil | Foreclosure – Other | |
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2/3/2023 | 113 | Civil | Foreclosure – Other | |
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12/30/2022 | 157 | Civil | Foreclosure – Other | |
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10/28/2022 | 127 | Civil | Foreclosure – Other | |
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10/26/2022 | 234 | Civil | Foreclosure – Other | |
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8/30/2022 | 164 | Civil | Foreclosure – Other | |
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6/29/2022 | 215 | Civil | Foreclosure – Other | |
202238942- 7 Disposed (Final) |
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6/28/2022 | 334 | Civil | Foreclosure – Other | |
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GONZALEZ, MARIO vs. SOLIZ, DAVID S | 6/14/2022 | 011 | Civil | Debt / Contract – Consumer / DTPA | |
202226100- 7 Disposed (Final) |
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5/2/2022 | 080 | Civil | Foreclosure – Other | |
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4/27/2022 | 113 | Civil | Foreclosure – Other | |
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4/12/2022 | 333 | Civil | Foreclosure – Other | |
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4/4/2022 | 281 | Civil | Foreclosure – Other | |
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MELCHER, JOSHUA DANIEL vs. MELCHER, COURTNEY DAVIS | 2/10/2022 | 245 | Family | Divorce with Children | |
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SALAZAR, RAY vs. MIDFIRST BANK |
1/26/2022 | 295 | Civil | Foreclosure – Other | |
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BLACKMON, CHARLES vs. CARRINGTON MORTGAGE SERVICES LLC | 12/2/2021 | 295 | Civil | Foreclosure – Other | |
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12/2/2021 | 189 | Civil | Foreclosure – Other | |
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COLE, CURTIS vs. SELECT PORTFOLIO SERVICES INC | 12/1/2021 | 129 | Civil | Foreclosure – Other | |
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OTERO, FELIX vs. U S BANK N A | 10/4/2021 | 164 | Civil | Other Property | |
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REYES, PABLO vs. YOUNG, DENISE D | 9/30/2021 | 113 | Civil | Other Property | |
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REYNOLDS, WILLIAM vs. MIDLAND MORTGAGE | 9/2/2021 | 270 | Civil | Other Property | |
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