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Diogu v. Lakeland West Capital 41, LLC
(4:22-cv-03299)
District Court, S.D. Texas, Judge Andrew Hanen
SEP 28, 2022 | REPUBLISHED BY LIT: SEP 28, 2022
On June 18; Withdrawal of the Reference re Jury Trial “improbable” reiterates Judge Al Bennett, denying request by Diogu.
On June 20; Diogu filed (amended) motions for injunctive relief etc. as well as emergency to report Hirsch lawyer to the State Bar.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03299
| Diogu v. Lakeland West Capital 41, LLC et al Assigned to: Judge Alfred H Bennett Referred to: Bankruptcy Judge Christopher Lopez Cause: 28:1331 Fed. Question |
Date Filed: 09/27/2022 Jury Demand: Plaintiff Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/24/2024 | 102 | Order of USCA – Per Curiam re: 92 Notice of Appeal; USCA No. 24-20093. For the foregoing reasons, we GRANT Diogu’s motion to dismiss and DISMISS the appeal for lack of subject matter jurisdiction. In doing so, we express no opinion on the merits of Appellants’ immunity claims, filed. (mp1) (Entered: 05/24/2024) |
| 05/29/2024 | 103 | MOTION to Withdraw Reference and demand for jury, filed. Motion Docket Date 6/20/2024. (ddb4) (Entered: 05/29/2024) |
| 06/03/2024 | 104 | REPLY to Defenants’ Response for Plainitt’s Motion for Partial Summary Judgment, filed by Diogu Kalu Diogu II, LL.M.. (srh4) (Entered: 06/03/2024) |
| 06/06/2024 | 105 | EX PARTE MOTION for Temporary Restraining Order( Motion Docket Date 6/27/2024.), MOTION for Preliminary Injunction, MOTION to Stay Writ of Possession by Diogu Kalu Diogu II, LL.M., filed. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order, # 5 Proposed Order) (th4) (Entered: 06/06/2024) |
| 06/14/2024 | 106 | MOTION Requesting Emergency Oral Hearing Hearing re: 98 MOTION for Summary Judgment, 105 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay by Diogu Kalu Diogu II, LL.M., filed. Motion Docket Date 7/5/2024. (Attachments: # 1 Proposed Order) (th4) (Entered: 06/14/2024) |
| 06/14/2024 | 107 | DECLARATION of Diogu Kalu Diogu II re: 106 MOTION for Requesting Emergency Oral Hearing Hearing re: 98 MOTION for Summary Judgment, 105 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay, filed. (th4) (Entered: 06/14/2024) |
| 06/14/2024 | 108 | Supplemental EXHIBITS in Support re: 98 MOTION for Summary Judgment by Diogu Kalu Diogu II, LL.M., filed. (th4) (Entered: 06/14/2024) |
| 06/14/2024 | 109 | RESPONSE to 103 MOTION to Withdraw Reference filed by Sandy Dasigenis, Michael J. Durrschmidt, Esq, Hirsch & Westheimer, PC, Lakeland West Capital 41, LLC, Jeff Leva, Kim E. Lewinski, Esq, Adam McKee, Lilian Poetker, Bradley E. Rauch, Esq. (Attachments: # 1 Proposed Order) (Durrschmidt, Michael) (Entered: 06/14/2024) |
| 06/14/2024 | 110 | RESPONSE to Plaintiffs’ Motion Requesting Oral Hearing, filed by Sandy Dasigenis, Michael J. Durrschmidt, Esq, Hirsch & Westheimer, PC, Lakeland West Capital 41, LLC, Jeff Leva, Kim E. Lewinski, Esq, Adam McKee, Lilian Poetker, Bradley E. Rauch, Esq. (Attachments: # 1 Proposed Order) (Durrschmidt, Michael) (Entered: 06/14/2024) |
| 06/17/2024 | 111 | REPLY to Response to 106 MOTION for Requesting Emergency Oral Hearing Hearing re: 98 MOTION for Summary Judgment, 105 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay, filed by Diogu Kalu Diogu II, LL.M.. (bwl4) (Entered: 06/17/2024) |
| 06/18/2024 | 112 | ORDER denying 103 Motion to Withdraw Reference. All other pending motions shall remain before Bankruptcy Judge Christopher Lopez. (Signed by Judge Alfred H Bennett) Parties notified. (jm4) (Entered: 06/18/2024) |
| 06/20/2024 | 113 | AMENDED MOTION for ORAL Hearing re: 106 MOTION for Requesting Emergency Oral Hearing Hearing re: 98 MOTION for Summary Judgment, 105 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay by Diogu Kalu Diogu II, LL.M., filed. Motion Docket Date 7/11/2024. (cmk4) (Entered: 06/20/2024) |
| 06/20/2024 | 114 | EMERGENCY MOTION for the referral of Michael Durrschmidt tot he Office of Chief Disciplinary Counsel and the State Bar of Texas by Diogu Kalu Diogu II, LL.M., filed. Motion Docket Date 7/11/2024. (cmk4) (Entered: 06/20/2024) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 06/23/2024 17:39:19 |
We’ll swing around to Kalu Diogu’s latest lawsuit when we have more time, as we’re definitely interested in what is said about Sandy Dasigenis and Foreclosure Network of Texas. Here’s a screenshot of the amended complaint and hence the need to return to this when we’ve cleared our desk somewhat;
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03299
Create an Alert for This Case on RECAP
| Diogu v. Lakeland West Capital 41, LLC et al Assigned to: Judge Andrew S Hanen Cause: 28:1331 Fed. Question |
Date Filed: 09/27/2022 Jury Demand: Plaintiff Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question |
| Plaintiff | ||
| Diogu Kalu Diogu II, LL.M. as next friends of DKKD III and NMKD, minor children and on behalf of themselves and all others similarly situated |
represented by | Diogu Kalu Diogu , II Diogu Law Firm PLLC 4726 Gainsborough Dr Brookshire, TX 77423 713-791-3225 Email: diogu.diogu.lawfirm@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Lakeland West Capital 41, LLC | ||
| Defendant | ||
| Adam McKee | ||
| Defendant | ||
| Jeff Leva | ||
| Defendant | ||
| Sandy Dasigenis | ||
| Defendant | ||
| Lilian Poetker doing business as Foreclosure Network of Texas |
||
| Defendant | ||
| Kim E. Lewinski, Esq. | ||
| Defendant | ||
| Bradley E. Rauch, Esq. | ||
| Defendant | ||
| Hirsch & Westheimer, PC | ||
| Defendant | ||
| Michael J. Durrschmidt, Esq. | ||
| Defendant | ||
| Eva Shafir Englehart | ||
| Defendant | ||
| Marc Douglas Myers | ||
| Defendant | ||
| Kevin M. Epstein United States Trustee |
||
| Date Filed | # | Docket Text |
|---|---|---|
| 09/27/2022 | 1 | COMPLAINT against Diogu Kalu Diogu, II (Filing fee $ 402 receipt number ATXSDC-28834262) filed by Diogu Kalu Diogu, II.(Diogu, Diogu) (Entered: 09/27/2022) |
| 09/28/2022 | 2 | Unopposed AMENDED COMPLAINT with JURY DEMAND against All Plaintiffs filed by Diogu Kalu Diogu, II. (Attachments: # 1 Exhibit Exhibit 10, # 2 Exhibit Exhibit 13, # 3 Exhibit Exhibit 14, # 4 Exhibit Exhibit 15, # 5 Exhibit Exbibit 16, # 6 Exhibit Exhibit 17, # 7 Exhibit Exhibit 18, # 8 Exhibit Exhibit 19, # 9 Exhibit Exhibit 20, # 10 Exhibit Exhibit 21, # 11 Exhibit Exhibit 22, # 12 Exhibit Exhibit 23, # 13 Exhibit Exhibit 24, # 14 Exhibit Exhibit 25, # 15 Exhibit Exhibit 26, # 16 Exhibit Exhibit 27, # 17 Exhibit Exhibit 28, # 18 Exhibit Exhibit A, # 19 Exhibit Exhibit B, # 20 Exhibit Exhibit 12)(Diogu, Diogu) (Entered: 09/28/2022) |
| 09/28/2022 | 3 | Request for Issuance of Summons as to All Plaintiffs, filed. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Diogu, Diogu) (Entered: 09/28/2022) |
| 09/28/2022 | 4 | Other EXHIBITS re: 2 Amended Complaint/Counterclaim/Crossclaim etc.,, by Diogu Kalu Diogu, II, filed.(Diogu, Diogu) (Entered: 09/28/2022) |
| 09/28/2022 | 5 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/20/2022 at 10:20 AM by video before Magistrate Judge Sam S Sheldon. (Signed by Judge Andrew S Hanen) Parties notified.(AkeitaMichael, 4) (Entered: 09/28/2022) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 09/28/2022 13:00:06 |
Diogu Kalu Diogu II, LL.M.
(4:22-cv-03722), Appeal from Bankruptcy Case
District Court, S.D. Texas, Judge Lynn Hughes Presiding
OCT 27, 2022 | REPUBLISHED BY LIT: OCT 28, 2022
The US Government Have Laid Down the Glove, Citizens. pic.twitter.com/cxgKxFqWyy
— lawsinusa (@lawsinusa) June 4, 2024
Attorney Suspension of Diogu Kalu Diogu II
(After Disbarment in State Court Proceedings)
(24-00396)
United States Bankruptcy Court, S.D. Texas
MAR 8, 2024
A True Story About Pro Se versus 11th Cir. Judges Expands Nationwide in Federal Courts.
As you can see, discrimination against non-lawyers has been going for decades. It’s time for the non-prisoner civil version of the landmark Gideon case to take effect. https://t.co/enl0pbDwWy pic.twitter.com/Cn1rAqktuX
— lawsinusa (@lawsinusa) June 22, 2024
LIT’s arrived here Jun 23, 2024. Bookmark for updates.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-03959
| Diogu et al v. Jones et al Assigned to: Judge Alia Moses Cause: 28:1331 Fed. Question: Violation 5th & 8th Amendme |
Date Filed: 10/17/2023 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Diogu Kalu Diogu, II | represented by | Diogu Kalu Diogu , II State Bar Information 4726 Gainsborough Dr Brookshire, TX 77423 713-791-3225 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| John Doe | represented by | Diogu Kalu Diogu , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Jane Doe | represented by | Diogu Kalu Diogu , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| David R. Jones | represented by | Gary Cruciani McKool Smith, P.C. 300 Crescent Court Suite 1500 Dallas, TX 75201 214-978-4004 Fax: 214-978-4044 Email: gcruciani@mckoolsmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJohn James Sparacino McKool Smith 600 Travis Street Suite 7000 Houston, TX 77002 713-485-7306 Email: jsparacino@mckoolsmith.com LEAD ATTORNEYPatrick William Pijls McKool Smith, PC 300 Crescent Ct. Suite 1500 Dallas, TX 75201 214-978-4923 Email: ppijls@mckoolsmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDDavid R Jones 6530 Rolla Street Houston, TX 77055 713-256-9285 Email: Davidrjonesdrj@outlook.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Eduardo V. Rodriguez TERMINATED: 03/05/2024 |
represented by | Matthew M Mueller DOJ-USAO U.S. Attorney’s Office 903 San Jacinto Blvd. Suite 334 Austin, TX 78701 512-370-1262 Fax: 512-916-5854 Email: matthew.mueller@usdoj.gov ATTORNEY TO BE NOTICED |
| Defendant | ||
| Thomas Michael O’Connor TERMINATED: 03/05/2024 |
represented by | Matthew M Mueller (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Michael Durshmidst debt collector |
represented by | Michael J Durrschmidt Hirsch & Westheimer, P.C. 1415 Louisiana, 36th Floor Houston, TX 77002 713-220-9165 Email: mdurrschmidt@hirschwest.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/17/2023 | 1 |
COMPLAINT against All Plaintiffs (Filing fee $ 402 receipt number ATXSDC-30674484) filed by JANE DOE, Diogu Kalu Diogu, II, JOHN DOE. (Attachments: # 1 Exhibit Exhibits 1-12, # 2 Exhibit Exhibits 13-16, # 3 Exhibit Jurisdictionless Order)(Diogu, Diogu) (Entered: 10/17/2023) |
| 10/18/2023 | 2 | Request for Issuance of Summons as to David Jones, filed.(Diogu, Diogu) (Entered: 10/18/2023) |
| 10/18/2023 | 3 | Request for Issuance of Summons as to T. Michael O’Conner, filed.(Diogu, Diogu) (Entered: 10/18/2023) |
| 10/18/2023 | 4 | Request for Issuance of Summons as to Eduardo V. Rodriguez, filed.(Diogu, Diogu) (Entered: 10/18/2023) |
| 10/19/2023 | 5 | AFFIDAVIT re: 1 Complaint,, filed.(Diogu, Diogu) (Entered: 10/19/2023) |
| 10/19/2023 | 6 | Ex Parte EMERGENCY MOTION( Motion Docket Date 11/9/2023.), MOTION for Temporary Restraining Order by Diogu Kalu Diogu, II, filed. (Attachments: # 1 Proposed Order Proposed Order OF TRO AS FILED)(Diogu, Diogu) (Entered: 10/19/2023) |
| 10/19/2023 | 7 | Summons Issued as to David Jones, T. Michael O’Conner, Eduardo V. Rodriguez. Issued summons delivered to plaintiff by NEF, filed. (Attachments: # 1 Summons, # 2 Summons) (BrandisIsom, 4) (Entered: 10/19/2023) |
| 10/19/2023 | 8 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/25/2024 at 10:00 AM by video before Magistrate Judge Peter Bray. (Signed by Judge Andrew S Hanen) Parties notified.(AaronJackson, 4) (Entered: 10/19/2023) |
| 10/20/2023 | 9 | First AMENDED COMPLAINT with JURY DEMAND against All Defendants filed by Diogu Kalu Diogu, II. (Attachments: # 1 Exhibit Exhibit 1-12, # 2 Exhibit Exhibit 13-17, # 3 Exhibit Orders that gave rise to the Complaint)(Diogu, Diogu) (Entered: 10/20/2023) |
| 10/20/2023 | 10 | Ex Parte MOTION for Temporary Restraining Order by Diogu Kalu Diogu, II, filed. Motion Docket Date 11/13/2023. (Attachments: # 1 Exhibit Exhibits For TRO, # 2 Proposed Order Proposed Order For TRO)(Diogu, Diogu). (Entered: 10/20/2023) |
| 10/20/2023 | 11 | ORDER OF RECUSAL. Judge Andrew S Hanen recused. Case reassigned to Judge Keith P Ellison for all further proceedings(Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) (Entered: 10/20/2023) |
| 10/20/2023 | 13 | Copy of General Order 23-21 docketed for information purposes only (Signed by Chief Judge Randy Crane) Parties notified.(DarleneHansen, 4) (Entered: 10/23/2023) |
| 10/20/2023 | 14 | ORDER TO TRANSFER CASE to Western District of Texas Per General Order 2023-21 (Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) Modified on 10/24/2023 (DarleneHansen, 4). (Entered: 10/23/2023) |
| 10/23/2023 | 12 | NOTICE OF PLEADING FILED IN 22-3164 RELATED TO THIS COMPLAINT re: 9 Amended Complaint/Counterclaim/Crossclaim etc. by Diogu Kalu Diogu, II, filed. (Diogu, Diogu) (Entered: 10/23/2023) |
| 11/28/2023 | 15 | First CERTIFICATE OF INTERESTED PARTIES by Diogu Kalu Diogu, II, Jane Doe, John Doe, filed.(Diogu, Diogu) (Entered: 11/28/2023) |
| 12/21/2023 | 16 | RETURN of Service Executed as to Ex Judge David R. Jones and Judge Edwardo V.Rodriguez on 12/18/2023 re: Summons and complaint, filed.(FrancesCarbia, 2) (Entered: 12/22/2023) |
| 01/12/2024 | 17 | ORDER DENYING 10 Plaintiff’s Exparte Motion for Temporary Restraining Order(Signed by Judge Alia Moses) Parties notified.(DarleneHansen, 4) (Entered: 01/16/2024) |
| 01/17/2024 | 18 | ORDER Preliminary Injunction Hearing set for 3/15/2024 from 2:40 PM to 4:40 PM before Judge Alia Moses in-person at 111 East Broadway, Del Rio, Texas(Signed by Judge Alia Moses) Parties notified.(DarleneHansen, 4) (Entered: 01/18/2024) |
| 01/18/2024 | 19 | *** DOCUMENT FILED IN ERROR***RETURN of Service of SUMMONS Executed as to Diogu Kalu Diogu, II served on 11/13/2023, answer due 1/12/2024, filed.(Diogu, Diogu) Modified on 1/18/2024 (AkeitaMichael, 4). (Entered: 01/18/2024) |
| 01/18/2024 | 20 | RETURN of Service of SUMMONS Executed as to Thomas Michael O’Connor served on 11/13/2023, answer due 1/12/2024, filed.(Diogu, Diogu) (Entered: 01/18/2024) |
| 01/18/2024 | 21 | AMENDED ORDER Setting an In-Person Preliminary Injunction Hearing, the Honorable Eduardo V. Rodriguez shall appear virtually(Signed by Judge Alia Moses) Parties notified.(DarleneHansen, 4) (Entered: 01/18/2024) |
| 01/23/2024 | 22 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by David R. Jones, filed. Motion Docket Date 2/13/2024. (Attachments: # 1 Proposed Order)(Jones, David) (Entered: 01/23/2024) |
| 01/24/2024 | 23 | ORDER Plaintiff has 30 days to answer whether he is appealing his bankruptcy case or seeking separate civil relief in this case. Plaintiff must provide documentation to support his answer. ORDER STAYING CASE for 30 days pending Plaintiff’s response to this order. Case stayed on 1/24/2024(Signed by Judge Alia Moses) Parties notified.(DarleneHansen, 4) (Entered: 01/24/2024) |
| 01/29/2024 | 24 | Letter from USDOJ re: Improper Service of Summons, filed. (DarleneHansen, 4) (Entered: 01/29/2024) |
| 02/08/2024 | 25 | ORDER – Time change only. Preliminary Injunction Hearing set for 3/15/2024 at 02:00 PM before Judge Alia Moses(Signed by Judge Alia Moses) Parties notified.(DarleneHansen, 4) (Entered: 02/09/2024) |
| 02/26/2024 | 26 | NOTICE of Appearance by John J. Sparacino on behalf of David R. Jones, filed. (Sparacino, John) (Entered: 02/26/2024) |
| 02/26/2024 | 27 | NOTICE of Appearance by Gary Cruciani on behalf of David R. Jones, filed. (Cruciani, Gary) (Entered: 02/26/2024) |
| 02/26/2024 | 28 | NOTICE of Appearance by Patrick Pijls on behalf of David R. Jones, filed. (Pijls, Patrick) (Entered: 02/26/2024) |
| 02/26/2024 | 29 | ORDER: DISMISSING WITHOUT PREJUDICE the Amended Complaint as to the Honorable Eduardo V. Rodriguez and Thomas Michael O’Connor only for fairly to timely serve the defendants. It is FURTHER ORDERED that dismissal without prejudice take effect on March 5, 2024, unless those parties are properly served or Plaintiff establishes good cause for failing to timely serve those two defendants. (Signed by Judge Alia Moses) Parties notified.(DarleneHansen, 4) (Entered: 02/27/2024) |
| 02/26/2024 | 30 | RESPONSE to 23 Order Staying Case,, filed by Diogu Kalu Diogu, II. (DarleneHansen, 4) (Entered: 02/27/2024) |
| 03/06/2024 | 31 | Service of process satisfied to Chief Judge Eduardo Rodriguez and Hon. Thomas Michael O’Connor by Diogu Kalu Diogu, II, filed.(ChrisKrus, 4) (Entered: 03/06/2024) |
| 03/06/2024 | 32 | RESPONSE to 31 Document , filed by Thomas Michael O’Connor, Eduardo V. Rodriguez. (Mueller, Matthew) (Entered: 03/06/2024) |
| 03/06/2024 | 33 | ORDER DISMISSING WITHOUT PREJUDICE Amended Complaint as to the Honorable Eduardo V. Rodriguez and Thomas Michael O’Connor only (Signed by Judge Alia Moses) Parties notified.(DarleneHansen, 4) (Entered: 03/06/2024) |
| 03/08/2024 | 34 | ORDER Preliminary Injunction Hearing scheduled for March 15, 2024 from 2:00 p.m. to 4:00 p.m. is converted to a Motion Hearing on 22 Motion to Dismiss, (Signed by Judge Alia Moses) Parties notified.(HeatherCarr, 4) (Entered: 03/08/2024) |
| 03/15/2024 | 35 | Minute Entry for proceedings held before Judge Alia Moses. MOTION HEARING held on 3/15/2024. Mr. Diogu failed to appear. The court will issue an order. Appearances: Gary Cruciani.(Court Reporter: C. Poage), filed.(DarleneHansen, 4) (Entered: 03/15/2024) |
| 03/25/2024 | 36 | Second AMENDED COMPLAINT against All Defendants filed by Diogu Kalu Diogu, II. Related document: 1 Complaint, filed by John Doe, Diogu Kalu Diogu, II, Jane Doe. (dm4) (Entered: 03/25/2024) |
| 03/25/2024 | 37 | SECOND AMENDED APPLICATION for EX-PARTE Temporary Restraining Order and Temporary Injunction by Diogu Kalu Diogu, II, filed. Motion Docket Date 4/15/2024. (dm4) (Entered: 03/25/2024) |
| 03/27/2024 | 38 | ORDER denying 37 Motion for Temporary Restraining Order.(Signed by Judge Alia Moses) Parties notified. (dah4) (Entered: 03/28/2024) |
| 04/02/2024 | 39 | MOTION for Leave to File Amended Complaint for Permanent Injunction and Other Equitable Relief by Diogu Kalu Diogu, II, filed. Motion Docket Date 4/23/2024. (Attachments: # 1 Proposed Order) (dm4) (Entered: 04/02/2024) |
| 04/02/2024 | 40 | MEMORANDUM in Support of the Plaintiff’s Motion for Leave to file Amended Complaint re: 36 Amended Complaint/Counterclaim/Crossclaim etc. by Diogu Kalu Diogu, II, filed. (dm4) (Entered: 04/02/2024) |
| 04/02/2024 | 41 | DECLARATION of Diogu Kalu Diogu II, L.L.M. in Support of the Ex-Parte Temporary Restraining Order and Application for Temporary Injunction, filed. (Attachments: # 1 Exhibit) (dm4) (Entered: 04/02/2024) |
| 04/02/2024 | 42 | CORRECTED SECOND AMENDED APPLICATION for Ex-Parte Temporary Restraining Order and Temporary Injunction by Diogu Kalu Diogu, II, filed. Motion Docket Date 4/23/2024. (Attachments: # 1 Proposed Order) (dm4) (Entered: 04/02/2024) |
| 04/04/2024 | 43 | MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc. by Michael Durshmidst, filed. Motion Docket Date 4/25/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Proposed Order) (Durrschmidt, Michael) (Entered: 04/04/2024) |
| 04/05/2024 | 44 | OBJECTIONS to 39 MOTION for Leave to File Amended Complaint for Permanent Injunction and Other Equitable Relief, 40 Memorandum , filed by David R. Jones. (Sparacino, John) (Entered: 04/05/2024) |
| 04/05/2024 | 45 | Amended MOTION to Dismiss 36 Amended Complaint/Counterclaim/Crossclaim etc. by Michael Durshmidst, filed. Motion Docket Date 4/26/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Proposed Order) (Durrschmidt, Michael) (Entered: 04/05/2024) |
| 04/09/2024 | 46 | MOTION to Dismiss 42 MOTION for Temporary Restraining Order by Michael Durshmidst, filed. Motion Docket Date 4/30/2024. (Attachments: # 1 Proposed Order) (Durrschmidt, Michael) (Entered: 04/09/2024) |
| 04/10/2024 | 47 | ORDER denying 39 Motion for Leave to File; denying as moot 45 Motion to Dismiss.(Signed by Judge Alia Moses) Parties notified. (dah4) (Entered: 04/10/2024) |
| 04/10/2024 | 48 | ORDER denying 42 Motion for Temporary Restraining Order.(Signed by Judge Alia Moses) Parties notified. (dah4) (Entered: 04/10/2024) |
| 05/16/2024 | 49 | RETURN of Service of SUMMONS Executed as to Thomas Michael O’Connor served on 4/9/2024, answer due 6/10/2024, filed. (dah4) (Entered: 05/16/2024) |
| 05/16/2024 | 50 | RETURN of Service of SUMMONS Executed as to Eduardo V. Rodriguez served on 4/9/2024, answer due 6/10/2024, filed. (dah4) (Entered: 05/16/2024) |
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| 06/23/2024 17:13:56 |
Bar Beach: Texas Attorney Kalu Diogu Wants to Sell His Homestead On His Terms
When you go to Bar Beach in Lagos Nigeria at the weekend, the locals come by and try and sell you their crafts and food. Negotiate.
Texas Attorney Diogu’s Been Shippin’ Assets to Africa and Now Faces Conversion to Chapter 7
Diogu shipped several vehicles overseas, including a Porsche and a Hummer and claims they are outside this Court’s jurisdiction.
Sanctioned Texas Attorney Diogu K. Diogu’s Million Dollar Fulshear Home Slated for Foreclosure
Lakeland is permitted to post that certain real property known as 4726 GAINSBOROUGH DRIVE, BROOKSHIRE, TX 77423 for Feb 1 foreclosure sale.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03201
Create an Alert for This Case on RECAP
| Diogu v. Lakeland West Capital 41, L.L.C. et al Assigned to: Judge Sim Lake
Cause: 28:1331 Fed. Question |
Date Filed: 10/01/2021 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Plaintiff | ||
| Diogu Kalu Diogu, II | represented by | Tanika J. Solomon T. J. Solomon Law Group, P.L.L.C. 2120 Welch Street Houston, TX 77019 713-640-5944 Email: attorney@tjsololaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Lakeland West Capital 41, L.L.C. | represented by | Benjamin Witten Allen Wallace & Allen, LLP 440 Louisiana Suite 1500 Houston, TX 77002 713-227-1477 Fax: 713-227-0104 Email: ballen@wallaceallen.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Veritex Community Bank | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 10/01/2021 | 1 | NOTICE OF REMOVAL from 434th District Court of Fort Bend County, Texas, case number 21-DCV-287068 (Filing fee $ 402 receipt number 0541-27132912) filed by Lakeland West Capital 41, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Allen, Benjamin) (Entered: 10/01/2021) |
| 10/04/2021 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/21/2022 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 10/04/2021) |
| Document Text |
|---|
 Filing 21 ORDER – Pltf filed a #20 Notice of Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Plaintiff asserts that the dismissal is warranted pursuant to the filing of his Chapter 13 Bankruptcy on November 2, 2021. Accordingly, this Court accepts the Notice of Voluntary Dismissal and this action is hereby DISMISSED without prejudice against refiling the same. Each party will bear its own costs…*** Case terminated on 11/16/21. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) |
| Filing 20 NOTICE of Dismissal as to All Parties by Diogu Kalu Diogu, II, filed. (Diogu, Diogu) |
| Filing 19 SUGGESTION OF BANKRUPTCY by Lakeland West Capital 41, L.L.C., filed.(Allen, Benjamin) |
| Filing 18 MOTION to Dismiss #8 Amended Complaint/Counterclaim/Crossclaim etc., Motions referred to Christina A Bryan. by Lakeland West Capital 41, L.L.C., filed. Motion Docket Date 12/3/2021. (Allen, Benjamin) |
| Filing 17 ORDER granting #10 Motion for Extension of Time to Respond to Defendant’s’ Motions.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4) |
| Filing 16 ORDER – CASE REFERRED to Magistrate Judge Christina A Bryan. Parties to advise court w/in 20 days if they will consent to Judge Bryan. *** Initial Conference set for 1/21/2022 at 03:00 PM before Judge Sim Lake is CANCELLED. *** (Signed by Judge Sim Lake) (Attachments: #1 Consent Form) Parties notified.(sanderson, 4) |
| Filing 15 ORDER – Plaintiff seeks to restrain a foreclosure of his home scheduled for November 2, 2021. Having carefully considered the parties arguments, the court concludes that Plaintiff’s #8 First Amended Complaint and #9 Ex Parte EMERGENCY MOTION First MOTION for Temporary Restraining Order should be and are hereby DENIED because Plaintiff has not shown that he is likely to succeed on the merits or that he will suffer irreparable injury if the foreclosure occurs as scheduled on November 2, 2021. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) |
| Filing 14 First CERTIFICATE OF INTERESTED PARTIES by Diogu Kalu Diogu, II, filed.(Diogu, Diogu) |
| Filing 13 First Proposed Pretrial Order by Diogu Kalu Diogu, II(Diogu, Diogu) |
| Filing 12 First REPLY to Response to #4 MOTION to Dismiss Original Complaint, #10 First MOTION for Extension of Time Respond to Defendants’ motion to Dismiss, #3 MOTION to Dismiss , #9 Ex Parte EMERGENCY MOTIONFirst MOTION for Temporary Restraining Order, #5 MOTION for Joinder as to #4 MOTION to Dismiss Original Complaint, filed by Diogu Kalu Diogu, II. (Attachments: #1 Exhibit Rescission of Laon)(Diogu, Diogu) |
| Filing 11 RESPONSE in Opposition to #9 Ex Parte EMERGENCY MOTIONFirst MOTION for Temporary Restraining Order, filed by Lakeland West Capital 41, L.L.C.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Allen, Benjamin) |
| Filing 10 First MOTION for Extension of Time Respond to Defendants’ motion to Dismiss by Diogu Kalu Diogu, II, filed. Motion Docket Date 11/19/2021. (Attachments: #1 Proposed Order)(Diogu, Diogu) |
| Filing 9 Ex Parte EMERGENCY MOTION( Motion Docket Date 11/19/2021.), First MOTION for Temporary Restraining Order by Diogu Kalu Diogu, II, filed. (Attachments: #1 Complaint Amended Complaint In support, #2 Exhibit Exhibits 1-15, #3 Affidavit In support for TRO, #4 Exhibit Exhibits 1, 4 and 15)(Diogu, Diogu) |
| Filing 8 First AMENDED COMPLAINT with JURY DEMAND against All Defendants filed by Diogu Kalu Diogu, II. Related document: #1 Notice of Removal, filed by Lakeland West Capital 41, L.L.C.. (Attachments: #1 Affidavit Support of Amended Complaint, #2 Exhibit Exhibits 1-15)(Diogu, Diogu) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Lakeland West Capital 41, L.L.C., filed.(Allen, Benjamin) |
| Filing 6 CERTIFICATE OF INTERESTED PARTIES by Veritex Community Bank, filed.(Clark, Brian) |
| Filing 5 MOTION for Joinder as to #4 MOTION to Dismiss Original Complaint by Lakeland West Capital 41, L.L.C., filed. Motion Docket Date 10/29/2021. (Allen, Benjamin) |
| Filing 4 MOTION to Dismiss Original Complaint by Veritex Community Bank, filed. Motion Docket Date 10/29/2021. (Attachments: #1 Proposed Order Order)(Clark, Brian) |
| Filing 3 MOTION to Dismiss by Lakeland West Capital 41, L.L.C., filed. Motion Docket Date 10/29/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order on Defendant’s Motion to Dismiss)(Allen, Benjamin) |
| Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/21/2022 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) |
| Filing 1 NOTICE OF REMOVAL from 434th District Court of Fort Bend County, Texas, case number 21-DCV-287068 (Filing fee $ 402 receipt number 0541-27132912) filed by Lakeland West Capital 41, L.L.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Allen, Benjamin) |
Southern District of Texas (Houston)
Bankruptcy Petition #: 21-33581
Create an Alert for This Case on RECAP
| Assigned to: Bankruptcy Judge David R Jones Chapter 13 Voluntary Asset
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| Debtor Diogu Kalu Diogu, II 4726 Gainsborough Dr Brookshire, TX 77423 OUTSIDE U. S. United States 7137913225 SSN / ITIN: xxx-xx-9066 |
represented by | Diogu Kalu Diogu, II Attorney at Law 4726 Gainsborough Dr Brookshire, TX 77423 713-791-3225 Fax : 713-429-5237 Email: diogu.diogu.lawfirm@gmail.comMichael Glen Walker, Sr Walker & Patterson, P.C. 4815 Dacoma Houston, TX 77092 713-956-5577 Fax : 713-956-5570 Email: mwalker@walkerandpatterson.com |
| Trustee William E. Heitkamp Office of Chapter 13 Trustee 9821 Katy Freeway Ste 590 Houston, TX 77024 713-722-1200 |
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| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 12/17/2021 | 51 (14 pgs; 3 docs) |
Amended Schedule A/B: Property for Individual (Filed By Diogu Kalu Diogu II). (Attachments: # 1 Exhibit Attachment 1 # 2 Exhibit Attachment 2) (Diogu, Diogu) (Entered: 12/17/2021) | |
| 12/17/2021 | 52 (164 pgs; 23 docs) |
Exhibit List (Filed By Lakeland West Capital 41, LLC ).(Related document(s):46 Exhibit List, Witness List) (Attachments: # 1 Exhibit 29 # 2 Exhibit 30 # 3 Exhibit 31 # 4 Exhibit 32 # 5 Exhibit 33 # 6 Exhibit 34 # 7 Exhibit 35 # 8 Exhibit 36 # 9 Exhibit 37 # 10 Exhibit 38 # 11 Exhibit 39 # 12 Exhibit 40 # 13 Exhibit 41 # 14 Exhibit 42 # 15 Exhibit 43 # 16 Exhibit 44 # 17 Exhibit 45 # 18 Exhibit 46 # 19 Exhibit 47 # 20 Exhibit 48 # 21 Exhibit 49 # 22 Exhibit 50) (Lewinski, Kim) (Entered: 12/17/2021) | |
| 12/17/2021 | 53 | Courtroom Minutes. Time Hearing Held: 9:00 AM. Appearances: Diogu Kalu Diogu, II, Pro se Debtor; Michael Durrscmidt and Kim Liwinski for Lakeland West Capital 41, LLC. (Related document(s):28 Motion for Relief From Stay) Lakeland West Capital 41, LLC exhibits 46-19, 46-23 through 46-28, 46-20, 46-22 admitted. The Court heard from all interested parties. By agreement, today’s Hearing is continued to 1/19/2022 at 03:30 PM at Houston, Courtroom 400 (DRJ). (VrianaPortillo) (Entered: 12/17/2021) | |
| 12/17/2021 | 54 (3 pgs; 2 docs) |
Proposed Order Submission After Hearing (Filed By Lakeland West Capital 41, LLC ).(Related document(s):28 Motion for Relief From Stay) (Attachments: # 1 Exhibit A – Legal Description) (Lewinski, Kim) (Entered: 12/17/2021) | |
| 12/17/2021 | 55 (1 pg) |
PDF with attached Audio File. Court Date & Time [ 12/17/2021 9:00:17 AM ]. File Size [ 43974 KB ]. Run Time [ 01:31:37 ]. (admin). (Entered: 12/17/2021) | |
| 12/20/2021 | 56 (2 pgs) |
Interim Order Regarding Lakeland West Capital 41, L.L.C.’s Motion for Relief from the Automatic Stay Regarding 4726 Gainsborough Dr., Brookshire, TX 77423 Signed on 12/20/2021 (Related document(s):28 Motion for Relief From Stay) (emiller) (Entered: 12/20/2021) | |
| 12/21/2021 | 57 (3 pgs) |
Amended Objection to Confirmation of Plan Filed by Fort Bend County. (Related document(s):35 Objection to Confirmation of the Plan) (Dillman, John) (Entered: 12/21/2021) | |
| 12/22/2021 | 58 (3 pgs) |
Notice of Appearance and Request for Notice Filed by Michael Glen Walker Sr Filed by on behalf of Diogu Kalu Diogu II (Walker, Michael) (Entered: 12/22/2021) | |
| 12/22/2021 | 59 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):56 Generic Order) No. of Notices: 2. Notice Date 12/22/2021. (Admin.) (Entered: 12/22/2021) | |
| 01/04/2022 | 60 (3 pgs) |
Notice of Appearance and Request for Notice Filed by Brian Talbot Cumings Filed by on behalf of Denise Robbins, David Melanson, Tricia Krenek, Eddie Krenek (Cumings, Brian) (Entered: 01/04/2022) | |
