Wilmington Savings Fund Society, FSB v. Myers
(4:22-cv-00088)
District Court, S.D. Texas, Judge Keith Ellison
JAN 10, 2022 | REPUBLISHED BY LIT: JAN 12, 2022
JAN 1, 2023
3 Months and 18 days have passed since Myers told the court Wilmington’s case was time-barred. No order has been released by Judge Ellison to-date.
BFF’s in Texas Federal Court, Houston Division.
Laws and Rules Blanked When THEY feel like it.
Because Judges are Above the Law.https://t.co/fAjfNF5fqC@uscourts @USAO_SDTX @USMarshalsHQ @FBIHouston #Ochlocracy #Texas— lawsinusa (@lawsinusa) June 18, 2022
NOTICE of Setting. Parties notified.
Status Conference set for 7/29/2022 at 11:30 AM in by telephone before Judge Keith P Ellison, filed
. (arrivera, 4) (Entered: 07/26/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00088
Create an Alert for This Case on RECAP
| Wilmington Savings Fund Society, FSB v. Myers et al Assigned to: Judge Keith P Ellison Demand: $92,000 Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 01/10/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/08/2022 | 16 | CERTIFICATE OF SERVICE of 15 Return of Service Unexecuted by Wilmington Savings Fund Society, FSB, filed. (Attachments: # 1 Exhibit, # 2 Exhibit)(Ladwig, Ramona) (Entered: 07/08/2022) |
| 07/21/2022 | 17 | MOTION to Dismiss Under Rule 4(m) by Barbara Myers, Leeroy M. Myers, filed. Motion Docket Date 8/11/2022. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Joffe, Ira) (Entered: 07/21/2022) |
| 07/26/2022 | 18 | NOTICE of Setting. Parties notified. Status Conference set for 7/29/2022 at 11:30 AM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 07/26/2022) |
| 07/29/2022 | 19 | CERTIFICATE OF INTERESTED PARTIES by Wilmington Savings Fund Society, FSB, filed.(Ladwig, Ramona) (Entered: 07/29/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/31/2022 11:50:54 |
Courtlistener has a more up-to-date docket than PACER, how’s that?
No notes re initial conference.
No scheduling order on PACER but showing on Courtlistener.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00088
Create an Alert for This Case on RECAP
| Wilmington Savings Fund Society, FSB v. Myers et al Assigned to: Judge Keith P Ellison Demand: $92,000 Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 01/10/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/15/2022 | 13 | NOTICE of Setting. Parties notified. Initial Conference reset for 6/30/2022 at 02:30 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 06/15/2022) |
| 06/21/2022 | 14 | NOTICE of Setting. Parties notified. Initial Conference reset for 7/12/2022 at 02:30 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 06/21/2022) |
| 06/28/2022 | 15 | Return of Service Unexecuted as to Barbara Myers, Leeroy M. Myers re: Complaint, filed.(Ladwig, Ramona) (Entered: 06/28/2022) |
| 07/08/2022 | 16 | CERTIFICATE OF SERVICE of 15 Return of Service Unexecuted by Wilmington Savings Fund Society, FSB, filed. (Attachments: # 1 Exhibit, # 2 Exhibit)(Ladwig, Ramona) (Entered: 07/08/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/13/2022 09:41:31 |
Resetting initial conference for the 4th time.
Resetting initial conference for third time to June 23.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00088
Create an Alert for This Case on RECAP
| Wilmington Savings Fund Society, FSB v. Myers et al Assigned to: Judge Keith P Ellison Demand: $92,000 Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 01/10/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/09/2022 | 11 | NOTICE of Setting. Parties notified. Initial Conference reset for 6/23/2022 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 05/09/2022) |
| 05/11/2022 | 12 | NOTICE of Appearance by Ramona Ladwig on behalf of Wilmington Savings Fund Society, FSB, filed. (Ladwig, Ramona) (Entered: 05/11/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 05/29/2022 16:10:55 |
It appears Brandon Hakari, foreclosure mill lawyer, doesn’t like his new persona, c/o LIT.
Update 10 Apr, 2022; Hakari’s moved firm, to Fidelity National Law Group (foreclosure mill).
WSFS is a subsidiary of WSFS Financial Corporation (NASDAQ: WSFS), a financial services holding company headquartered in Wilmington, Delaware. WSFS is registered as a transfer agent with the Office of the Comptroller of the Currency.
WSFS provides comprehensive financial services, including commercial banking, retail banking and, through its Christiana Trust division, transfer agent services and trust and wealth management.
On December 3, 2010, WSFS acquired Christiana Bank & Trust Company (“CB&T”). CB&T ceased to exist and WSFS began performing the services formerly performed by CB&T, including transfer agent services, under the name Christiana Trust. WSFS provided transfer agent services, as defined by Section (3)(a)(25) of the Exchange Act, to a number of clients, including to at least one issuer with a security that was registered under Section 12 of the Exchange Act.
The transfer agent services undertaken by WSFS included maintaining master securityholder files (i.e., official lists of individual securityholder accounts), registering ownership and the transfer of ownership of securities, monitoring the issuance of securities, and handling, processing and storing paper securities certificates.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00088
Create an Alert for This Case on RECAP
| Wilmington Savings Fund Society, FSB v. Myers et al Assigned to: Judge Keith P Ellison Demand: $92,000 Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 01/10/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/10/2022 | 8 | NOTICE of Setting. Parties notified. Initial Conference reset for 4/14/2022 at 02:30 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 03/10/2022) |
| 04/11/2022 | 9 | NOTICE of Setting. Parties notified. Initial Conference reset for 4/12/2022 at 02:15 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 04/11/2022) |
| 04/11/2022 | 10 | CORRECTED NOTICE of Setting. Parties notified. Initial Conference set for 5/12/2022 at 02:15 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 04/11/2022) |
The Loan is currently due for the July 1, 2009 payment.
Notice of default was provided to Borrowers on or about January 29, 2021, demanding payment of all amounts that were past due.
As of the date of April 12, 2021, the amount due is $92,818.23.
On this day, the Court considered the Motion for Withdrawal and Substitution of Counsel filed by Plaintiff Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as Trustee for Pretium Mortgage Acquisition Trust (“Wilmington”).
The Court has reviewed the motion, and any replies and responses, has determined that the motion has merit and hereby GRANTS the Motion.
IT IS THEREFORE ORDERED that Brandon Hakari of McCarthy & Holthus, LLP is withdrawn as counsel of record for Wilmington,
and that Cole Patton of McCarthy & Holthus, LLP is substituted as counsel of record for Wilmington.
All future pleadings, correspondences, notices, and other documents be directed to the attention of Cole Patton at:
Cole Patton
1255 West 15th Street, Suite 1060
Plano, Texas 75075
Tel. 214.291.3800
Fax 214.291.3801
DATED
1/26/2022
The Honorable Keith P. Ellison
United States District Judge
NOTICE REGARDING INITIAL CONFERENCE
This notice is being issued in connection with the above referenced proceeding.
We are currently scheduled for an initial, or scheduling, conference.
As a standard practice in this court, we ask that parties try to agree to dates and deadlines and submit them in the form of a proposed scheduling order.
If the parties are able to reach an agreement, the Court will dispense with the conference.
I am attaching the standard form scheduling order, which can also be downloaded from the court’s website: www.txs.uscourts.gov.
In working through the schedule, please keep in mind that trial is normally scheduled within fifteen months after the case is filed in, or removed to, federal court.
Dispositive motions should be filed three months prior to the trial date.
In the attached proposed scheduling order, we have included specific due dates for dispositive motions and the joint pretrial order.
We have also noted a trial date based on the guidelines stated above.
If you return the completed scheduling order one week prior to your scheduled hearing, the conference will be cancelled.
The order should be e-mailed to my Case Manager, Arturo Rivera at Arturo_Rivera@txs.uscourts.gov. Alternatively, you can fax it to 713-250-5503.
Signed on March 7, 2022, at Houston, Texas.
Keith P. Ellison
United States District Judge
ORDER
“This case challenging defendants’ right to foreclose on plaintiffs’ property is before the court on defendants’ motion for summary judgment (Dkt. 23). Having considered the parties’ submissions and the law, the court grants the motion.”
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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00088
Create an Alert for This Case on RECAP
| Wilmington Savings Fund Society, FSB v. Myers et al Assigned to: Judge Keith P Ellison Demand: $92,000 Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 01/10/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Wilmington Savings Fund Society, FSB doing business as Christiana Trust, as Trustee |
represented by | Robert Brandon Hakari McCarthy Holthus 1255 W 15th Ste 1060 Plano, TX 75075 214-291-3800 Email: bhakari@mccarthyholthus.com ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Leeroy M. Myers | ||
| Defendant | ||
| Barbara Myers | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 01/10/2022 | 1 | COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-27584779) filed by Wilmington Savings Fund Society, FSB D/B/A Christiana Trust, as Trustee. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Exhibit)(Hakari, Robert) (Entered: 01/10/2022) |
| 01/11/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/11/2022 at 04:15 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(BrandisIsom, 4) (Entered: 01/11/2022) |
Brandon Hakari joined McCarthy & Holthus, LLP in the firm’s Portland, Oregon office in 2012.
In 2018, he moved to the firm’s Plano, Texas office where he practices as the office’s Senior Litigation Associate.
He received his Bachelor of Arts in Chemistry from Texas A&M; University in 2008 and his Juris Doctorate from Michigan State University in 2011. While in law school, he worked as a clinician at Michigan State University’s Housing Law Clinic and served as a judicial extern for the Honorable Stacey Jernigan of the United States Bankruptcy Court, Northern District of Texas.
Mr. Hakari has been a member of the Oregon bar since 2011 and the Texas bar since 2018; and has been licensed to practice before the U.S Patent and Trademark Office since 2011. Mr. Hakari has received an AV Preeminent® rating from Martindale Hubbell, ranking him at the highest level of professional excellence for legal knowledge, communication skills and ethical standards.
