LIT UPDATE & COMMENTARY
This article has been used as a comparison to a recent court opinion by the same Magistrate Judge and US District Judge, and whilst reviewing, LIT discovered that Thomas (and partner) are still living in the home some 14 months or so later, see;
“Furthermore, if you take a moment to review the tab which follows about another sov cit case before these very judges in 2022, that case was removed from state court to federal court. Jurisdiction was retained, and briefings presented, including allowing the homeowner the opportunity to amend the complaint.
The Arbor’s were denied that opportunity in this case due to the erroneous dismissal.
The comparison case was removed to federal court by US Attorney for Ginnie Mae, bringing along the other named parties represented by Vincent Serafino Geary Waddell Jenevein / Locke Lord. Around 9 months later the case would be dismissed with prejudice on March 3, 2023.
In that case (Thomas), subject matter jurisdiction was raised as a reason to dismiss the government agency, but it was not a reason to dismiss the private banking/non bank entities. The court would rely upon failure to state a claim and/or not following a court order by homeowner to amend the complaint.
However, returning to real property Kaufman CAD tax records, it still shows that these sov cit (Thomas) is still the homeowner some 14 months or so later and HAR shows no sign of sale and/or foreclosure.
Perhaps the sovereign citizen paid the foreclosure mill in silver coins after all.”
Thomas v. DHI Home Mortgage Company
(3:22-cv-01236)
District Court, N.D. Texas
JUN 7, 2022 | REPUBLISHED BY LIT: JUN 10, 2022
Plaintiff’s Motion to Remand, Doc. 8,
and
Plaintiff Bryant Duane Thomas Motion to Quash Defendant Ginnie Mae’s Motion to Dismiss,
and
Wells Fargo Bank, N.A.s Motion to Dismiss,2 Doc. 21,
should be DENIED.
This case should be DISMISSED WITH PREJUDICE under Rule 41(b) for
failure to follow a court order
or, in the alternative,
upon the Court’s GRANT of Defendant Ginnie Mae’s Motion to Dismiss, Doc. 7,
Defendant DHI Home Mortgage Company’s Motion to Dismiss, Doc. 10,
and
Wells Fargo Bank, N.A.’s Motion to Dismiss, Doc. 11.
(Ordered by Magistrate Judge Renee Harris Toliver on 2/8/2023)
(mcrd) (Entered: 02/09/2023)
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01236-B-BK
| Thomas v. DHI Home Mortgage Company et al Assigned to: Judge Jane J Boyle Referred to: Magistrate Judge Renee Harris Toliver
Cause: 28:1441 Notice of Removal |
Date Filed: 06/07/2022 Date Terminated: 03/03/2023 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: All Other Real Property Jurisdiction: U.S. Government Defendant |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/02/2022 | 19 | ELECTRONIC ORDER: Before the Court is Defendant Wells Fargo Home Mortgage’s Motion to Allow Arthur E. Anthony to Withdraw as Counsel, Doc. 16 . Upon review, the motion is GRANTED. Accordingly, Mr. Anthony is TERMINATED as counsel of record for Defendant in this matter. (Ordered by Magistrate Judge Renee Harris Toliver on 11/2/2022) (chmb) (Entered: 11/02/2022) |
| 11/30/2022 | 20 | ELECTRONIC ORDER: Upon review, Plaintiff’s Amended Complaint of Payoff Recoupment, Doc. [1-13], does not meet the minimum pleading requirements under Federal Rule of Civil Procedure 8(a).A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief. FED. R. CIV. P. 8(a). Plaintiff’s Complaint, numbering 190 pages, falls woefully short of this standard. Accordingly, Plaintiff is ORDERED to file an amended complaint which complies with Rule 8(a) by December 14, 2022. If Plaintiff fails to comply with this order, the Court may dismiss this case for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 11/30/2022) (chmb) (Entered: 11/30/2022) |
| 12/14/2022 | 21 | MOTION to Quash filed by Bryant Duane Thomas (Thomas, Bryant) (Entered: 12/14/2022) |
| 01/04/2023 | 22 | RESPONSE filed by Ginnie Mae re: 21 MOTION to Quash (Stoltz-DOJ, Brian) (Entered: 01/04/2023) |
| 01/20/2023 | 23 | NOTICE of Non-Response to 20 Order for Amended Complaint filed by Wells Fargo Home Mortgage. (Hess, Vincent) (Entered: 01/20/2023) |
| 02/08/2023 | 24 | FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff’s Motion to Remand, Doc. 8, and Plaintiff Bryant Duane Thomas Motion to Quash Defendant Ginnie Mae’s Motion to Dismiss, and Wells Fargo Bank, N.A.s Motion to Dismiss,2 Doc. 21, should be DENIED. This case should be DISMISSED WITH PREJUDICE under Rule 41(b) for failure to follow a court order or, in the alternative, upon the Court’s GRANT of Defendant Ginnie Mae’s Motion to Dismiss, Doc. 7, Defendant DHI Home Mortgage Company’s Motion to Dismiss, Doc. 10, and Wells Fargo Bank, N.A.’s Motion to Dismiss, Doc. 11. (Ordered by Magistrate Judge Renee Harris Toliver on 2/8/2023) (mcrd) (Entered: 02/09/2023) |
| 02/09/2023 | 25 | ELECTRONIC ORDER: In light of the Findings, Conclusions, and Recommendation of the United States Magistrate Judge recommending dismissal of all Plaintiff’s claims, Doc. 24 , Plaintiff’s Motion to Enforce and included motion for judgment, Doc. 9 , is TERMINATED AS MOOT. Should the district judge decline to accept the recommendation of the magistrate judge, however, Plaintiff may re-urge his Motion to Enforce. (Ordered by Magistrate Judge Renée Harris Toliver on 2/9/2023) (Magistrate Judge Renée Harris Toliver) (Entered: 02/09/2023) |
| 02/16/2023 | 26 | Second MOTION to Quash filed by Bryant Duane Thomas (Attachments: # 1 Criminal Complaint) (Thomas, Bryant) (Entered: 02/16/2023) |
| 02/16/2023 | 27 | RESPONSE AND OBJECTION to a Magistrate Judge Order 20 ELECTRONIC ORDER: (Thomas, Bryant) Modified docket text on 2/17/2023 (mcrd). (Entered: 02/16/2023) |
| 03/03/2023 | 28 |
ORDER ACCEPTING 24 THE FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Jane J Boyle on 3/3/2023) (sxf) (Entered: 03/03/2023) |
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| Transaction Receipt | |||
| 05/19/2024 10:44:13 |
Orders Entered Unavailable for Purchase
We’ve not missed much…the case is ploddin’ along with all the motions to dismiss bein’ filed by the lawyers.
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01236-B-BK
| Thomas v. DHI Home Mortgage Company et al Assigned to: Judge Jane J Boyle Referred to: Magistrate Judge Renee Harris Toliver
Cause: 28:1441 Notice of Removal |
Date Filed: 06/07/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: All Other Real Property Jurisdiction: U.S. Government Defendant |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/09/2022 | 6 | ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff Bryant Duane Thomas must address the following deficiency: A review of the docket reveals that Plaintiff has not yet registered as a user of the Court’s electronic filing system, as required. In the event Plaintiff has not already done so, he is ORDERED to register for electronic filing through this Court’s CM/ECF system, as required by Northern District of Texas Local Civil Rule 5.1(f), by July 1, 2022. Instructions for registering are found online at https://ecf.txnd.uscourts.gov/AttorneyReg/. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 6/9/2022) (chmb) (Entered: 06/09/2022) |
| 06/22/2022 | 7 | MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim() filed by Ginnie Mae with Brief/Memorandum in Support. (Stoltz-DOJ, Brian) (Entered: 06/22/2022) |
| 06/25/2022 | 8 | MOTION to Remand to State Court filed by Bryant Duane Thomas (Thomas, Bryant) (Entered: 06/25/2022) |
| 06/25/2022 | 9 | Motion to Enforce filed by Bryant Duane Thomas (Attachments: # 1 Exhibit(s) Evidence) (Thomas, Bryant) Modified docket text on 6/27/2022 (oyh). (Entered: 06/25/2022) |
| 06/27/2022 | 10 | Motion to Dismiss for Failure to State a Claim filed by DHI Home Mortgage Company (Attachments: # 1 Proposed Order) (Kleiman, David) (Entered: 06/27/2022) |
| 07/07/2022 | 11 | MOTION to Dismiss filed by Wells Fargo Home Mortgage (Attachments: # 1 Proposed Order) (Hess, Vincent) (Entered: 07/07/2022) |
| 07/07/2022 | 12 | Brief/Memorandum in Support filed by Wells Fargo Home Mortgage re 11 MOTION to Dismiss (Hess, Vincent) (Entered: 07/07/2022) |
| 07/11/2022 | 13 | RESPONSE AND OBJECTION filed by Bryant Duane Thomas re: 7 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim, 11 MOTION to Dismiss , 10 Motion to Dismiss for Failure to State a Claim (Thomas, Bryant) (Entered: 07/11/2022) |
| 07/15/2022 | 14 | RESPONSE filed by Ginnie Mae re: 9 MOTION Motion to Enforce MOTION for Judgment , 8 MOTION to Remand to State Court (Stoltz-DOJ, Brian) (Entered: 07/15/2022) |
| 07/25/2022 | 15 | REPLY filed by Ginnie Mae re: 7 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (Stoltz-DOJ, Brian) (Entered: 07/25/2022) |
| 08/16/2022 | 16 | MOTION to Withdraw as Attorney Arthur E. Anthony filed by Wells Fargo Home Mortgage (Attachments: # 1 Proposed Order) (Anthony, Arthur) (Entered: 08/16/2022) |
| 08/16/2022 | 17 | NOTICE of Constitutional Questions filed by Bryant Duane Thomas (Attachments: # 1 Exhibit(s)) (Thomas, Bryant) (Entered: 08/17/2022) |
| 08/18/2022 | 18 | NOTICE of Attorney Appearance by Matthew Hogan Davis on behalf of Wells Fargo Home Mortgage. (Filer confirms contact info in ECF is current.) (Davis, Matthew) (Entered: 08/18/2022) |
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| 09/19/2022 15:29:32 |
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY
Note: NDTX is the ONLY Federal Court which mandates Pro Se’s to File Electronically. LIT avers this should be the standard in all Federal courts as we’re in the age of computers and demanding pro se’s rush to courthouses with last minute filings is unconstitutional.
Plaintiff Bryant Duane Thomas must address the following deficiency:
A review of the docket reveals that Plaintiff has not yet registered as a user of the Court’s electronic filing system, as required.
In the event Plaintiff has not already done so, he is ORDERED to register for electronic filing through this Court’s CM/ECF system, as required by Northern District of Texas Local Civil Rule 5.1(f), by July 1, 2022.
Instructions for registering are found online at https://ecf.txnd.uscourts.gov/AttorneyReg/.
FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b).
(Ordered by Magistrate Judge Renee Harris Toliver on 6/9/2022) (chmb) (Entered: 06/09/2022)
BUT; Looks Who's Representing DHI, Unlicensed and Unbonded
Bookmark for updates.
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01236-B-BK
| Thomas v. DHI Home Mortgage Company et al Assigned to: Judge Jane J Boyle Referred to: Magistrate Judge Renee Harris Toliver
Cause: 28:1441 Notice of Removal |
Date Filed: 06/07/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: All Other Real Property Jurisdiction: U.S. Government Defendant |
| Plaintiff | ||
| Bryant Duane Thomas | represented by | Bryant Duane Thomas 2036 Lake Trail Dr Heartland, TX 75126 PRO SE |
| V. | ||
| Defendant | ||
| DHI Home Mortgage Company Original Lender |
represented by | David M Kleiman Vincent Serafino Geary Waddell Jenevein PC 1601 Elm Street Suite 4100 Dallas, TX 75201 214-979-7446 Fax: 214-979-7402 Email: dkleiman@vinlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| Defendant | ||
| Wells Fargo Home Mortgage Servicer, is a Division of Wells Fargo Bank NA |
represented by | Robert T Mowrey Locke Lord LLP 2200 Ross Avenue Suite 2800 Dallas, TX 75201-6776 214-740-8000 Fax: 214-740-8800 Email: rmowrey@lockelord.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingArthur E Anthony Locke Lord LLP 2200 Ross Avenue, Suite 2800 Dallas, TX 75201-6776 214-740-8000 Fax: 214-740-8800 Email: aanthony@lockelord.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingVincent J Hess Locke Lord LLP 2200 Ross Avenue Suite 2800 Dallas, TX 75201-6776 214-740-8732 Fax: 214-740-8800 Email: vhess@lockelord.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| Defendant | ||
| Ginnie Mae Investor Trust |
represented by | Brian Walters Stoltz-DOJ U.S. Attorney’s Office 1100 Commerce Street Third Floor Dallas, TX 75242 214-659-8626 Email: brian.stoltz@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/07/2022 | 1 | NOTICE OF REMOVAL filed by Ginnie Mae (Government National Mortgage Association). (Filer fee note- Filed by the USA) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Attachments: # 1 Cover Sheet, # 2 Cover Sheet Supplement, # 3 Index of State Court Records, # 4 Register of Actions sheet, # 5 Original Petition, # 6 Certificate of Service, # 7 Return of Service, # 8 Answer (Wells Fargo), # 9 Letter (Request for Copy), # 10 Answer (DHI), # 11 Motion to Dismiss (DHI), # 12 Proof of Service, # 13 Amended Petition, # 14 Affidavit re: Attempted Service, # 15 Letter (request for Copy)) (Stoltz-DOJ, Brian) (Entered: 06/07/2022) |
| 06/07/2022 | 2 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ginnie Mae (Government National Mortgage Association). (Clerk QC note: Affiliate entry indicated). (Stoltz-DOJ, Brian) (Entered: 06/07/2022) |
| 06/07/2022 | 3 | New Case Notes: A filing fee is not due for this case. 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. (sxf) (Entered: 06/07/2022) |
| 06/07/2022 | 4 | CERTIFICATE OF SERVICE by Ginnie Mae re 1 Notice of Removal,,,,,, 2 Cert. Of Interested Persons/Disclosure Statement (Stoltz-DOJ, Brian) (Entered: 06/07/2022) |
| 06/08/2022 | 5 | STANDING ORDER OF REFERENCE: This case is hereby referred to United States Magistrate Judge Renee H. Toliver for pretrial management. (Ordered by Judge Jane J Boyle on 6/8/2022) (svc) (Entered: 06/08/2022) |
| 06/09/2022 | 6 | ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff Bryant Duane Thomas must address the following deficiency: A review of the docket reveals that Plaintiff has not yet registered as a user of the Court’s electronic filing system, as required. In the event Plaintiff has not already done so, he is ORDERED to register for electronic filing through this Court’s CM/ECF system, as required by Northern District of Texas Local Civil Rule 5.1(f), by July 1, 2022. Instructions for registering are found online at https://ecf.txnd.uscourts.gov/AttorneyReg/. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 6/9/2022) (chmb) (Entered: 06/09/2022) |
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| 06/10/2022 13:47:11 |
Congratulations to Mrs. Opal Lee, grandmother of Magistrate Judge Renée Toliver,
for her tireless efforts to establish June 19th as a legal public holiday.
JUN 17, 2021
President Joe Biden signed the Juneteenth National Independence Day Act on June 17, 2021 with Opal standing by his side.
Opal can be seen second from the left in the photo below.
For more information on the significance of Juneteenth, please see these informative resources.
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