The Latest Sinful Practice by Judge Robert Pitman
OCT 10, 2022
U.S. District Court [LIVE]
Western District of Texas (Austin)
CIVIL DOCKET FOR CASE #: 1:22-cv-00348-RP
| Brown v. U.S. Bank NA Assigned to: Judge Robert Pitman
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 04/11/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/26/2022 | 6 | ORDER Setting Initial Pretrial Conference for 10/4/2022 10:00 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (bot1) (Entered: 09/26/2022) |
| 10/04/2022 | 7 |
Minute Entry for proceedings held before Judge Robert Pitman: Initial Pretrial Conference held by Telephone on 10/4/202. Written Order Forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Lily I. Reznik.)(pg) (Entered: 10/04/2022) |
| 10/04/2022 | 8 | SCHEDULING ORDER: Jury Selection and Jury Trial set for 8/7/2023 09:00 AM before Judge Robert Pitman, ADR Report Deadline due by 10/10/2022, Amended Pleadings due by 11/10/2022, Discovery due by 3/6/2023, Motions due by 4/21/2023. Signed by Judge Robert Pitman. (pg) (Entered: 10/04/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/10/2022 19:44:42 |
TWEET TWO OF TWO
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IT’S ONE BIG COVERUP BY THE FEDERAL JUDICIARY IN TEXAS AGAIN FOLKS.
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Brown v. U.S. Bank NA
(1:22-cv-00348)
District Court, W.D. Texas
APR 11, 2022 | REPUBLISHED BY LIT: APR 12, 2022
Proposed Scheduling Order (JOINT) by U.S. Bank NA. (Hord, Michael) (Entered: 09/02/2022)
U.S. District Court [LIVE]
Western District of Texas (Austin)
CIVIL DOCKET FOR CASE #: 1:22-cv-00348-RP
Create an Alert for This Case on RECAP
| Brown v. U.S. Bank NA Assigned to: Judge Robert Pitman
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 04/11/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/11/2022 | 1 |
NOTICE OF REMOVAL by U.S. Bank NA, Successor Trustee to Bank of America, NA, Successor in Interest to Lasalle Bank National Association, As Trustee, on Behalf of The Holders of The Bear Stearns Asset Backed Securities 1 T (Filing fee $402 receipt number 0542-15910614), filed by U.S. Bank NA, Successor Trustee to Bank of America, NA, Successor in Interest to Lasalle Bank National Association, As Trustee, on Behalf of The Holders of The Bear Stearns Asset Backed Securities 1 T. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Civil Cover Sheet, # 8 Supplement)(Hord, Michael) (Entered: 04/11/2022) |
| 04/11/2022 | 2 | ORDER that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Robert Pitman (rn) (Entered: 04/12/2022) |
| 04/12/2022 | 3 | Certificate of Interested Parties by U.S. Bank NA. (Hord, Michael) (Entered: 04/12/2022) |
| 08/23/2022 | 4 | ORDER. Signed by Judge Robert Pitman. (pg) (Entered: 08/23/2022) |
| 09/02/2022 | 5 | Proposed Scheduling Order (JOINT) by U.S. Bank NA. (Hord, Michael) (Entered: 09/02/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/14/2022 18:07:04 |
Certificate of Interested Parties by U.S. Bank NA. (Hord, Michael) (Entered: 04/12/2022)
Nothin’ filed by Brown.
DEFENDANT’S NOTICE OF REMOVAL
Defendant, U.S. Bank N.A., Successor Trustee to Bank of America, N.A., Successor in Interest to LaSalle Bank National Association, as Trustee, on Behalf of the Holders of the Bear Stearns Asset Backed Securities 1 Trust 2004-HE9, Asset Backed Certificates Series 2004-HE9 (“Trustee” or “Defendant”) through undersigned counsel, hereby removes this case from the 250th Judicial District Court of Travis County, Texas, to the United States District Court for the Western District of Texas, Austin Division.
Defendant denies the allegations of the Complaint and the damages contained therein, and files this Notice without waiving any defenses, exceptions, or obligations that may exist in its favor in state or federal court.
I. INTRODUCTION AND STATEMENT OF COMMENCEMENT OF ACTION
1. On or about April 4, 2022, Plaintiff Rieshjar Brown (“Plaintiff”) commenced this action by filing a Petition, Cause No. D-1-GN-22-001552, in the 250th Judicial District Court of Travis County, Texas (the “State Court Action”).
See Exhibit C-1.
On April 5, 2022, Plaintiff obtained an ex parte temporary restraining order.
See Exhibit C-2.
Defendant filed an answer on April 11, 2022.
See Exhibit C-3.
This action is being removed less than 30 days following service of the Petition filed in the State Court Action and less than 30 days after Defendant appeared in the State Court Action.
Accordingly, removal is timely under 28 U.S.C. §1446(b).1
II. PLEADINGS AND NOTICE TO STATE COURT
2. True and correct copies of all process and pleadings in the State Court Action are being filed along with this Notice of Removal. Pursuant to 28 U.S.C. §1446(d), written notice of this removal is being served on Plaintiff and filed in the State Court Action.
III. STATEMENT OF STATUTORY BASIS FOR JURISDICTION AND VENUE
3. A defendant may remove a civil action if a federal court would have had original jurisdiction over the case. 28 U.S.C. § 1441(a).
Venue is proper in this district under 28 U.S.C. §1441(a) because the state court where the State Court Action has been pending is located in this district.
As discussed in more detail below, this action satisfies the statutory requirements for Federal Question Jurisdiction.
FEDERAL QUESTION JURISDICTION
4. Removal is proper because Plaintiff’s suit involves a federal question.2
A case arises under 28 U.S.C. §1331 if “a well-pleaded complaint establishes either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.”3
Further, the Fifth Circuit Court of Appeals has held that “[t]he assertion of a claim under a federal statute alone is sufficient to empower the District
1 Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 347-48 (1999).
2 28 U.S.C. §§1331, 1441(b); Grable & Sons Metal Prods., Inc. v. Darue Eng’g & Mfg., 545 U.S. 308, 312 (2005).
3 See Empire Healthchoice Assurance, Inc., v. McVeigh, 547 U.S. 677, 689-90 (2006).
Court to assume jurisdiction over the case and determine whether, in fact, the Act does provide the claimed rights.”4
5. In addition to a claim for injunctive relief, Plaintiff has alleged violations of Regulation X of the Real Estate Settlement Procedures Act (“RESPA) and specifically references alleged violations of 12 C.F.R. 1024.35 (b)(9) and 10, 1024.35(e)(i)(B) and 12 CFR § 1024.41(g) against Defendant.5
Since Plaintiff’s claims arise under the laws of the United States of America, the United States District Court has original jurisdiction and removal is appropriate.
6. This Court should also exercise supplemental jurisdiction over all claims because they are so related to the federal claims that they form part of the same case or controversy.6
As noted by the Supreme Court, “Section 1367(a) is a broad grant of supplement jurisdiction over other claims within the same case or controversy, as long as the action is one in which the district courts would have had original jurisdiction.”7
Accordingly, this Court has jurisdiction based on Federal Question jurisdiction.
V. JURY DEMAND
7. Plaintiff has not made any known jury demand in the State Court Action.
VI. CONCLUSION
8. For the foregoing reasons, Defendant asks the Court to remove this suit to the United States District Court for the Western District of Texas, Austin Division.
4 Holland/Blue Streak v. Barthelemy, 849 F.2d 987, 988 (5th Circ. 1988).
5 See Complaint at ¶¶ 29-38.
6 See 28 U.S.C. § 1367(a).
7 Exxon Mobil Corp. v. Allpattah Servs., Inc., 545, 558 (2005).
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U.S. District Court [LIVE]
Western District of Texas (Austin)
CIVIL DOCKET FOR CASE #: 1:22-cv-00348-RP
Create an Alert for This Case on RECAP
| Brown v. U.S. Bank NA Assigned to: Judge Robert Pitman
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 04/11/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Plaintiff | ||
| Rieshjar Brown | represented by | James Minerve The Minerve Law Firm 115 Saddle Blanket Trail Buda, TX 78610 888-819-1440 Fax: 888/230-6397 Email: jgminerve@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| U.S. Bank NA Successor Trustee to Bank of America, NA, Successor in Interest to Lasalle Bank National Association, As Trustee, on Behalf of The Holders of The Bear Stearns Asset Backed Securities 1 T |
represented by | Eric C. Mettenbrink Hirsch & Westheimer, PC 1415 Louisiana 36th Floor Houston, TX 77002 (713) 220-9141 Fax: (713) 223-9319 Email: emettenbrink@hirschwest.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMichael F. Hord , Jr. Hirsch & Westheimer, PC 1415 Louisiana 36th Floor Houston, TX 77002 (713) 223-5181 Fax: (713) 223-9319 Email: mhord@hirschwest.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/11/2022 | 1 | NOTICE OF REMOVAL by U.S. Bank NA, Successor Trustee to Bank of America, NA, Successor in Interest to Lasalle Bank National Association, As Trustee, on Behalf of The Holders of The Bear Stearns Asset Backed Securities 1 T (Filing fee $402 receipt number 0542-15910614), filed by U.S. Bank NA, Successor Trustee to Bank of America, NA, Successor in Interest to Lasalle Bank National Association, As Trustee, on Behalf of The Holders of The Bear Stearns Asset Backed Securities 1 T. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Civil Cover Sheet, # 8 Supplement)(Hord, Michael) (Entered: 04/11/2022) |
| 04/11/2022 | 2 | ORDER that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Robert Pitman (rn) (Entered: 04/12/2022) |
| 04/12/2022 | 3 | Certificate of Interested Parties by U.S. Bank NA. (Hord, Michael) (Entered: 04/12/2022) |
