Driver v. Cascade Capital LLC
(4:22-cv-03646)
District Court, S.D. Texas, Judge Al ‘Bent’ Bennett
OCT 21, 2022 | REPUBLISHED BY LIT: OCT 29, 2022
Who’s ignorin’ debt collection laws in Texas? Answer; Judges, Lawyers, Texas Agencies and TX Gov.
NOTICE OF WRONG ADDRESS PROVIDED BY PLAINTIFF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant CASCADE CAPITAL, LLC (“Cascade”) and files its Notice of Wrong Address Provided by Plaintiff as follows.
1. On or about December 20, 2022, Cascade’s counsel received the Notice of Removal it mailed to Plaintiff to effectuate service as “undeliverable.” Doc. 1.
2. After looking into the issue, Cascade’s counsel found the issue—Plaintiff misspelled her address in the signature block of her state-court Petition. Doc. 1-1 at 7.
3. The address Plaintiff provided in her signature block is as follows: 15255 Grayride Dr. #725, Houston, TX 77082
4. Plaintiff’s actual address is as follows: 15255 Gray Ridge Dr. #725, Houston, TX 77082
3. All documents that Cascade has sent by mail to Plaintiff for service were sent using the incorrect address Plaintiff provided.
4. Cascade’s Notice of Removal is currently the only document that has been returned as “undeliverable.” Id.
5. Every document filed in this matter has also been emailed to Plaintiff using the email that Plaintiff provided on Complaint. Doc. 1-1 at 7. Counsel for Cascade has never received a notification that any email has not been received.
7. In an abundance of caution, Cascade sent all documents filed in this matter to Plaintiff again on December 22, 2022 using the correct address. Exhibit A.
Cascade also emailed Plaintiff the same using the email address she provided in her Complaint. Doc. 1-1 at 7; Exhibit B.
Dated: December 22, 2022.
Respectfully submitted,
Frost Echols LLC
/s/ Cooper Walker
COOPER M. WALKER
Mailing Address:
P.O. Box 12645
Rock Hill, SC 29731 Physical Address:
2100 Alamo Rd., Unit T Richardson, TX 75080
Phone: (972) 754-2069
Email: Cooper.Walker@frostechols.com
COUNSEL FOR CASCADE CAPITAL, LLC.
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been forwarded via Email and CMRRR to all parties entitled to notice of the same on this 22nd day of December, 2022.
Tekesha Driver
15255 Gray Ridge, # 725
Houston, TX 77082
/s/ Cooper Walker
COOPER M. WALKER
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03646
| Driver v. Cascade Capital LLC Assigned to: Judge Alfred H Bennett
Cause: 28:1332 Diversity-Petition for Removal |
Date Filed: 10/21/2022 Jury Demand: None Nature of Suit: 480 Consumer Credit Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/21/2022 | 1 | NOTICE OF REMOVAL from 165th JUDICIAL DISTRICT COURT IN AND FOR HARRIS COUNTY, TEXAS, case number 202258951 (Filing fee $ 402 receipt number ATXSDC-28958697) filed by Cascade Capital LLC. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Walker, Cooper) (Entered: 10/21/2022) |
| 10/24/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/3/2023 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(AntonioBanda, 4) (Entered: 10/24/2022) |
| 10/24/2022 | 3 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (AntonioBanda, 4) (Entered: 10/24/2022) |
| 10/28/2022 | 4 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT by Cascade Capital LLC, filed. Motion Docket Date 11/18/2022. (Walker, Cooper) (Entered: 10/28/2022) |
| 11/01/2022 | 5 | CORPORATE DISCLOSURE STATEMENT by Cascade Capital LLC, filed.(Walker, Cooper) (Entered: 11/01/2022) |
| 12/09/2022 | 6 | NOTICE OF PLAINTIFFS FAILURE TO RESPOND TO DEFENDANT CASCADE CAPITAL LLCS MOTION TO DISMISS, OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT re: 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT by Cascade Capital LLC, filed. (Walker, Cooper) (Entered: 12/09/2022) |
| 12/22/2022 | 7 | NOTICE of Wrong Address Provided by Plaintiff by Cascade Capital LLC, filed. (Attachments: # 1 Exhibit Letter to Plaintiff with Correct Address, # 2 Exhibit Email to Plaintiff Re: Letter with Correct Address)(Walker, Cooper) (Entered: 12/22/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 12/22/2022 20:30:56 |
Nov. 21 30, 2022
No movement since Nov. 1.
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