HARRIET NICHOLSON v. BANK OF AMERICA AND COUNTRYWIDE HOME LOANS, INC.
District Court, N.D. Texas
SEP 14, 2021 | REPUBLISHED BY LIT: SEP 25, 2021
UPDATE 21 OCT, 2021
Doc . 17, BANA and CHLI filed its Second Motion to Dismiss Plaintiff’s First Amended Petition.
Doc. 23 and Doc. 24 Plaintiff (Nicholson} filed her Response/Opposition to Defendants’ Motion to Dismiss for summary of reasons.
1 Under the void ab initio exception, the Rooker-Feldman doctrine does not apply to a collateral attack on a void judgment from the Second Court of Appeals for lack of jurisdiction.
2 The Second Court of Appeals assumption of non-appealable interlocutory orders was fundamental error.
Doc 25. Reply, BANA’s and CHLI’s.
This judge/justice’s acts are condoned by those who have been informed online; @statebaroftexas @SupremeCourt_TX @BridgetMaryMc @bethwalkr @JusticeLandau @JusticeWillett and yet the OCHLOCRACY continues in Texas and indeed around the nation. Stand up Citizens and STOP INJUSTICE. pic.twitter.com/e5MccGCQ0u
— LawsInTexas (@lawsintexasusa) October 21, 2021
UPDATE 3 OCT, 2021
PLAINTIFF HARRIET NICHOLSON’S SECOND AMENDED RESPONSE AND BRIEF IN OPPOSITION TO DEFENDANTS BANK OF AMERICA, N.A.’S AND COUNTRYWIDE HOME LOANS, INC.’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
PLAINTIFF HARRIET NICHOLSON’S RESPONSE AND BRIEF IN OPPOSITION TO DEFENDANTS BANK OF AMERICA, N.A.’S AND COUNTRYWIDE HOME LOANS, INC.’S MOTION TO DISMISS FOR LACKOF SUBJECT MATTER JURISDICTION
Pursuant to FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1), Plaintiff Harriet Nicholson files this Response and Brief in Opposition to Defendants Bank of America, N.A. and Countrywide Home Loans, Inc.’s Motion to Dismiss for Lack of Subject Matter Jurisdiction (“Motion”) (Doc. 10) and would respectfully show the Court as follows:
BANA and CHLI argued Harriet Nicholson is attempting to appeal from the Second Court of Appeals Judgment on the merits and that this Court lacks jurisdiction to review that judgment pursuant to a rule of abstention known as the Rooker-Feldman doctrine. (Dkt. No. 11, p.4, §IV,A, ¶2); see Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923) and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).
Nevertheless, Harriet Nicholson is seeking an equitable action; collaterally attacking the void state court judgment for lack of jurisdiction. (Doc 3,§VI,1) BANA and CHLI invocation of the Rooker-Feldman doctrine is ultimately inapt.
Although BANA and CHLI are correct that under the Rooker-Feldman doctrine, “lower federal courts lack jurisdictional authority to sit in appellate review of state court decisions,” Matter of Reitnauer, 152 F.3d 341, 343 (5th Cir. 1998), the Fifth Circuit has also made clear that “the Rooker-Feldman doctrine does not preclude review of void state court judgments.” Burciaga v. Deutsche Bank Nat’l Trust, 871 F.3d 380, 385 (5th Cir. 2017) (emphasis added).
In Texas, a state court’s judgment is “void” where the court lacked jurisdiction or the order was borne of fraud. See Browning v. Prostok, 165 S.W.3d 336, 346- 47 (Tex. 2005).
Thus, even where the Rooker-Feldman doctrine would bar federal review of a state court decision on the merits, federal courts are obligated to ensure that the state court’s decision was rendered with proper jurisdiction. Cf. United States v. Shepherd, 23 F.3d 923, 925 (5th Cir. 1994) (concluding that Rooker-Feldman applied only after determining that the state court judgment was not “void” for fraud).
Thus, insofar as Harriet Nicholson’s attack on the Second Court Appeals Judgment is confined to attacking the state court’s jurisdiction to enter that judgment, this Court’s jurisdiction is undisturbed by the Rooker-Feldman doctrine.
CONCLUSION AND PRAYER
Based on the foregoing, Harriet Nicholson requests that this Court deny Bank of America, N.A.’s and Countrywide Home Loans, Inc.’s Motion to Dismiss in its entirety. Harriet Nicholson further requests the Court award such other relief, including, but not limited to, the costs and fees incurred in responding to Defendants’ frivolous motion to dismiss.
Respectfully submitted,
/s/ Harriet Nicholson Harriet Nicholson
2951 Santa Sabina Drive Grand Prairie, Texas 75052 817-217-0245
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument was served on thefollowing counsel of record by the court’s electronic filing system on September 14, 2021.
Connie Flores Jones Texas Bar No. 00793736
Email: cflores@winston.com
WINSTON & STRAWN LLP
800 Capitol St., Suite 2400
Houston, TX 77002-2925
Telephone: (713) 651-2782
Facsimile: (713) 651-2700
ATTORNEYS FOR DEFENDANTS BANK OF AMERICA, N.A. AND COUNTRYWIDE HOME LOANS, INC.
/s/ Harriet Nicholson
Alert: Harriet Nicholson Attends Zoom Court On Monday for A Thanksgiving Hearing
After the ‘bench retirement’ of Judge David Evans, this zoom conference is now being held in another court, the 192nd in Texas.
Harriet Nicholson Request to Take Judicial Notice of CFPB v Nationstar Mortgage dba Mr. Cooper
Harriet Nicholson v. Nationstar Mortgage, LLC; Nicholson’s complaint allegations mirrored the case CFPB pursued against Nationstar.
A Motion Requesting the Judge Setting Aside An Order is Meritorious
Motion to Set Aside Judge Evans Order, ordering no further pleadings or motions. Court has plenary power and due process dictates otherwise.
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:21-cv-01779-G-BK
| Nicholson v. Bank of America et al Assigned to: Senior Judge A. Joe Fish Referred to: Magistrate Judge Renee Harris Toliver Cause: 28:2201 Declaratory Judgment |
Date Filed: 07/30/2021 Jury Demand: None Nature of Suit: 360 Torts/Pers Inj: Other Personal Injury Jurisdiction: Federal Question |
| Plaintiff | ||
| Harriet Nicholson | represented by | Harriet Nicholson 2951 Santa Sabina Drive Grand Prairie, TX 75052 817/217-0245 Email: harrietnicholson@yahoo.com PRO SE |
| V. | ||
| Defendant | ||
| Bank of America | ||
| Defendant | ||
| Countrywide Home Loans Inc | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 07/30/2021 | 1 | New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only – links to the national and circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (jmg) (Entered: 08/02/2021) |
| 07/30/2021 | 2 | Notice and Instruction to Pro Se Party. (jmg) (Entered: 08/02/2021) |
| 07/30/2021 | 3 | COMPLAINT FOR DECLARATORY JUDGMENT against Bank of America, Countrywide Home Loans Inc filed by Harriet Nicholson. (Filing fee $402.00; Receipt number DS132830) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (jmg) (Entered: 08/02/2021) |
| 08/05/2021 | 4 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Harriet Nicholson. (Nicholson, Harriet) (Entered: 08/05/2021) |
| 08/09/2021 | 5 | NOTICE of Related Case filed by Harriet Nicholson (Nicholson, Harriet) Modified text and linkage on 8/10/2021 (jmg). (Entered: 08/09/2021) |
| 08/14/2021 | 6 | Supplemental Document by Harriet Nicholson as to 1 Judge Fish,, Summons Requests for BANA and CHLI. (Attachments: # 1 Additional Page(s)) (Nicholson, Harriet) (Entered: 08/14/2021) |
| 08/16/2021 | 7 | Request for Clerk to issue SUMMONS filed by Harriet Nicholson. (Attachments: # 1 Exhibit(s) BOA SUMMON, # 2 Exhibit(s) CHLI SUMMON) (Nicholson, Harriet) (Entered: 08/16/2021) |
| 08/16/2021 | 8 | Summons Issued as to Bank of America, Countrywide Home Loans Inc. (ykp) (Entered: 08/16/2021) |
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:21-cv-01779-G-BK
| Nicholson v. Bank of America et al Assigned to: Senior Judge A. Joe Fish Referred to: Magistrate Judge Renee Harris Toliver Cause: 28:2201 Declaratory Judgment |
Date Filed: 07/30/2021 Jury Demand: None Nature of Suit: 360 Torts/Pers Inj: Other Personal Injury Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/30/2021 | 9 | SUMMONS Returned Executed as to Bank of America; served on 8/27/2021, Countrywide Home Loans Inc; served on 8/27/2021. (Nicholson, Harriet) Modified text on 8/31/2021 (jmg). (Entered: 08/30/2021) |
| 09/13/2021 | 10 | MOTION to Dismiss for Lack of Jurisdiction filed by Bank of America, Countrywide Home Loans Inc (Attachments: # 1 Proposed Order)Attorney Connie Flores Jones added to party Bank of America(pty:dft), Attorney Connie Flores Jones added to party Countrywide Home Loans Inc(pty:dft) (Jones, Connie) (Entered: 09/13/2021) |
| 09/13/2021 | 11 | Brief/Memorandum in Support filed by Bank of America, Countrywide Home Loans Inc re 10 MOTION to Dismiss for Lack of Jurisdiction (Jones, Connie) (Entered: 09/13/2021) |
| 09/13/2021 | 12 | Appendix in Support filed by Bank of America, Countrywide Home Loans Inc re 11 Brief/Memorandum in Support of Motion, 10 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit(s) A-Decision, # 2 Exhibit(s) B-Judgment, # 3 Exhibit(s) C-Order Denying Motion for Rehearing, # 4 Exhibit(s) D-Order Denying Motion for En Banc Reconsideration, # 5 Exhibit(s) E-Order Denying Motion to Vacate, # 6 Exhibit(s) F-Notice of Petition for Review Denied, # 7 Exhibit(s) G-Clerk Notice to Court of Appeals, # 8 Exhibit(s) H-Mandate) (Jones, Connie) (Entered: 09/13/2021) |
| 09/13/2021 | 13 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bank of America. (Jones, Connie) (Entered: 09/13/2021) |
| 09/13/2021 | 14 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Countrywide Home Loans Inc. (Jones, Connie) (Entered: 09/13/2021) |
| 09/13/2021 | 15 | AMENDED COMPLAINT against Harriet Nicholson filed by Harriet Nicholson. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Nicholson, Harriet) (Entered: 09/13/2021) |
| 09/14/2021 | 16 | RESPONSE AND OBJECTION filed by Harriet Nicholson re: 10 MOTION to Dismiss for Lack of Jurisdiction (Nicholson, Harriet) (Entered: 09/14/2021) |
| 09/27/2021 | 17 | MOTION to Dismiss for Lack of Jurisdiction filed by Bank of America, Countrywide Home Loans Inc (Attachments: # 1 Proposed Order) (Jones, Connie) (Entered: 09/27/2021) |
| 09/27/2021 | 18 | Brief/Memorandum in Support filed by Bank of America, Countrywide Home Loans Inc re 17 MOTION to Dismiss for Lack of Jurisdiction (Jones, Connie) (Entered: 09/27/2021) |
| 09/27/2021 | 19 | Appendix in Support filed by Bank of America, Countrywide Home Loans Inc re 18 Brief/Memorandum in Support of Motion (Attachments: # 1 Exhibit(s) A-Decision, # 2 Exhibit(s) B-Judgment, # 3 Exhibit(s) C-Order Denying Motion for Rehearing, # 4 Exhibit(s) D-Order Denying Motion for En Banc Reconsideration, # 5 Exhibit(s) E-Order Denying Motion to Vacate, # 6 Exhibit(s) F-Notice of Petition for Review Denied, # 7 Exhibit(s) G-Clerk Notice to Court of Appeals, # 8 Exhibit(s) H-Mandate) (Jones, Connie) (Entered: 09/27/2021) |
| 09/27/2021 | 20 | RESPONSE filed by Harriet Nicholson re: 17 MOTION to Dismiss. (Nicholson, Harriet) Modified text and linkage on 9/28/2021 (jmg). (Entered: 09/27/2021) |
| 09/27/2021 | 21 | ***DUPLICATE FILING.*** RESPONSE AND OBJECTION filed by Harriet Nicholson re: 17 MOTION to Dismiss for Lack of Jurisdiction (Nicholson, Harriet) Modified on 9/28/2021 (jmg). (Entered: 09/27/2021) |
| 09/28/2021 | 22 | AMENDED RESPONSE AND OBJECTION filed by Harriet Nicholson re: 17 MOTION to Dismiss for Lack of Jurisdiction. (Nicholson, Harriet) Modified text on 9/29/2021 (jmg). (Entered: 09/28/2021) |
| 10/03/2021 | 23 | RESPONSE AND OBJECTION filed by Harriet Nicholson re: 17 MOTION to Dismiss for Lack of Jurisdiction (Nicholson, Harriet) (Entered: 10/03/2021) |
| 10/03/2021 | 24 | Appendix in Support filed by Harriet Nicholson re 23 Response/Objection MOTION TO DISMISS (DKT. 17-18) (Attachments: # 1 Exhibit(s) EX. A_ BANA’S AND CHLI’S Appellees Brief signed by Connie Flores Jones in case 02-19-00085-CV) (Nicholson, Harriet) (Entered: 10/03/2021) |
