LIT UPDATE
ORDER GRANTING 48
MOTION to Stay-
In sum, the Court concludes that the issues on appeal are intertwined with issues that remain pending in the district court and that the balance of equities supports a stay of this proceeding pending resolution of CLS’s (LENDER’S) appeal OF GEORGE HITTNER’S OPINION, AS TRUSTEE OF DAD DAVID HITTNER, USDJ.
It is therefore ORDERED that CLS’s Motion for Stay (ECF 48) is GRANTED.
It is further ORDERED that the deadlines for filing of the Joint Pretrial Order and Docket Call are VACATED.
It is further ORDERED that the parties shall file a Joint Status Report within 14 days of a ruling by the Fifth Circuit outlining the impact of the ruling on this proceeding and requesting, if necessary, a new Docket Control Order.
(Signed by Magistrate Judge Christina A Bryan)
Parties notified. (mem4) (Entered: 04/24/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00996
| Houston Prime Investments, Ltd. v. Community Loan Servicing, LLC Assigned to: Judge Sim Lake Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 03/17/2023 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/22/2024 | 47 | NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 44 Memorandum and Recommendations, 46 Order Adopting Memorandum and Recommendations,,, by Community Loan Servicing, LLC (Filing fee $ 605, receipt number ATXSDC-31508483), filed. (Hayes, Elizabeth) (Entered: 04/22/2024) |
| 04/22/2024 | 48 | MOTION to Stay Action Pending Appeal Motions referred to Christina A Bryan. by Community Loan Servicing, LLC, filed. Motion Docket Date 5/13/2024. (Attachments: # 1 Proposed Order) (Hayes, Elizabeth) (Entered: 04/22/2024) |
| 04/23/2024 | 49 | Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 47 Notice of Appeal, 48 MOTION to Stay Action Pending Appeal. Fee status: Paid, filed. (Attachments: # 1 Notice of Appeal) (jmt1) (Entered: 04/23/2024) |
| 04/24/2024 | 50 | ORDER GRANTING 48 MOTION to Stay- In sum, the Court concludes that the issues on appeal are intertwined with issues that remain pending in the district court and that the balance of equities supports a stay of this proceeding pending resolution of CLS’s appeal. It is therefore ORDERED that CLS’s Motion for Stay (ECF 48) is GRANTED. It is further ORDERED that the deadlines for filing of the Joint Pretrial Order and Docket Call are VACATED. It is further ORDERED that the parties shall file a Joint Status Report within 14 days of a ruling by the Fifth Circuit outlining the impact of the ruling on this proceeding and requesting, if necessary, a new Docket Control Order. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 04/24/2024) |
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| 04/26/2024 15:53:06 |
OUTLAWS AND OVERLORDS IN TEXAS FEDERAL COURTS
Why is Pantomime Judge Charles Eskridge not Singin’ about his conference on the docket? Notably, he’s apparently lost his voice despite the fact the sheep were summoned to his court for a conf. 2 weeks ago… https://t.co/rSulRrQoUW pic.twitter.com/9vm6GcIDhf— lawsinusa (@lawsinusa) April 24, 2024
LIT COMMENTARY
As we provide some insight by way of our Real Scumbag Series, we’ve revealed a number of Houston-area doctors, originally from India, workin’ side-hustles steeped in corruption, fraud, theft, often aided and abetted by greedy Bandit Lawyers and Judges on the take. A side-effect of this is where the good doctors and their families are buyin’ real estate for cents on the dollar, disputing HOA and property taxes for years and all the while lettin’ the property fall into serious disrepair, including the land which is left without any maintenance. It becomes an eyesore, but these slumlords don’t care. It’s time the Citizens speak out and intervene or H-Town will quickly become a Curry Town of run-down properties.
TEXAS SECRETARY OF STATE – PLEADIN’ THE FIFTH
May 1, 2023
Called TXSOS and awaiting a staff attorney call back re the validity of the entity HOUSTON PRIME INVESTMENTS, LTD. (dissolved in 2006 and a periodic report filed March 29, 2023) as well as the manager, entity Houston Prime Investments Management, LLC (failure to filed franchise tax).
May 4, 2023
Howdy,
FILING NO 13481010 – HOUSTON PRIME INVESTMENTS LTD.
After talking with a support agent, she transferred me to the Staff Attorney hotline where I left a message for a callback on May 1, asking why this company is shown as active when it was terminated in 2005, and then in March 2023 it’s reactivated by a periodic report filing? We had a conversation about the statutory language and textual interpretation of the meaning of words like ‘cancellation’.
Furthermore, the agent who filed this periodic report assigned another related entity, Houston Prime Investments Management, LLC as the sole member, which is also forfeited as franchise tax delinquent.
Please advise, so we can update our article accordingly.
Y’all have a great day.
CURRYTOWN DOCTOR OFFICES AT 8301 GULF FWY, HOUSTON, TEXAS
MEMO & RECOMMENDATIONS ISSUED (OCT. 17, 2023)
This dispute over Defendant’s efforts to foreclosure on Plaintiff’s mortgage loan is before the Court on Defendant’s Motion to Strike Plaintiff’s Untimely Answer to Counterclaims and Defendant’s Request for Clerk’s Entry of Default and for Default Judgment as to Counterclaims.1
ECF 14; ECF 15.
Defendant filed its Amended Counterclaim on April 7, 2023.
ECF 5.
Plaintiff filed its Answer on July 26, 2023.
ECF 12.
On this day, the Court entered an Order granting Plaintiff leave retroactively to file a late Answer and to file an Amended Answer.
ECF 31.
Federal Rule of Civil Procedure 55(a) provides that “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown for affidavit or otherwise, the clerk must enter the party’s default.
” The requirements of Rule 55(a) are not met here because Plaintiff appeared and filed an Answer before Defendant requested entry of default. Moreover, the Court has granted Plaintiff leave to file a late Amended Answer, effectively negating any default. Further, the Fifth Circuit generally disfavors default judgments and prefers that courts resolve disputes on their merits.
Koerner v. CMR Constr. & Roofing, L.L.C., 910 F.3d 221, 225 (5th Cir. 2018)
(citing Mason & Hanger-Silas Mason Co. v. Metal Trades Council of Amarillo, Tex. & Vicinity, AFL-CIO, 726 F.2d 166, 168 (5th Cir. 1984)).
For these reasons, the Court RECOMMENDS that Defendant’s Motion to Strike Plaintiff’s Untimely Answer Counterclaims (ECF 14) and Defendant’s Motion for Entry of Default and Motion for Default Judgment (ECF 15) be DENIED.
The Clerk of the Court shall send copies of the memorandum and recommendation to the respective parties, who will then have fourteen days to file written objections, pursuant to 28 U.S.C. § 636(b)(1)(C).
Failure to file written objections within the time period provided will bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc), superseded by statute on other grounds.
Signed on October 17, 2023, at Houston, Texas.
Christina A. Bryan George Hittner
United States Magistrate Judge
1 The District Court referred this case to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), the Cost and Delay Reduction Plan under the Civil Justice Reform Act, and Federal Rule of Civil Procedure 72. ECF 18
“A good lawyer knows the law, a great lawyer knows the judge” pic.twitter.com/WjGC7taZnI
— lawsinusa (@lawsinusa) April 24, 2024
Houston Prime Investments, Ltd. v. Community Loan Servicing, LLC
(4:23-cv-00996)
District Court, S.D. Texas
MAR 17, 2023 | REPUBLISHED BY LIT: APR 18, 2023
When this lawsuit was filed, the entity was cancelled/terminated.
UPDATED DOCKET SCREENSHOT AS AT AUG. 7, 2023
CLERKS NOTICE OF CANCELLATION (We don’t need to discuss the fact the entity filin’ suit didn’t exist, George Hittner exists, that’s good enough for Judge Sim Lake.
Initial Conference set for 6/2/2023 at 3:00 PM before Judge Sim Lake is CANCELED. Parties notified, filed. (sanderson, 4) (Entered: 05/24/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00996
| Houston Prime Investments, Ltd. v. Community Loan Servicing, LLC Assigned to: Judge Sim Lake
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 03/17/2023 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/22/2023 | 8 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Community Loan Servicing, LLC, filed.(Hayes, Elizabeth) (Entered: 05/22/2023) |
| 05/24/2023 | 9 | CLERKS NOTICE OF CANCELLATION – Initial Conference set for 6/2/2023 at 3:00 PM before Judge Sim Lake is CANCELED. Parties notified, filed. (sanderson, 4) (Entered: 05/24/2023) |
| 05/24/2023 | 10 | DOCKET CONTROL ORDER – Amended Pleadings due by 7/7/2023. Joinder of Parties due by 7/7/2023. Dispositive Motions due by 8/1/2023. Pltf Expert Witness List/Reports due by 12/15/2023. Deft Expert Witness List/Reports due by 1/19/2024. Discovery due by 3/15/2024. Pretrial Motions/Motions in Limine due by 4/5/2024. Joint Pretrial Order due by 5/3/2024…*** Docket Call set for 5/10/2024 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 05/24/2023) |
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| 05/24/2023 14:25:26 |
Joint Discovery/Case Management Plan
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00996
| Houston Prime Investments, Ltd. v. Community Loan Servicing, LLC Assigned to: Judge Sim Lake
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 03/17/2023 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/17/2023 | 1 | NOTICE OF REMOVAL from 133rd Judicial District Court, Harris Co., case number 2023-12684 (Filing fee $ 402 receipt number ATXSDC-29615576) filed by Community Loan Servicing, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit D-1, # 6 Exhibit D-2, # 7 Exhibit D-3, # 8 Exhibit D-4, # 9 Exhibit D-5, # 10 Exhibit D-6, # 11 Exhibit D-7, # 12 Exhibit D-8, # 13 Exhibit D-9, # 14 Exhibit D-10, # 15 Exhibit D-11, # 16 Exhibit D-12, # 17 Exhibit D-13, # 18 Exhibit D-14, # 19 Exhibit D-15, # 20 Exhibit D-16)(Hayes, Elizabeth) (Entered: 03/17/2023) |
| 03/22/2023 | 2 | CERTIFICATE OF INTERESTED PARTIES by Community Loan Servicing, LLC, filed.(Hayes, Elizabeth) (Entered: 03/22/2023) |
| 03/22/2023 | 3 | CORPORATE DISCLOSURE STATEMENT by Community Loan Servicing, LLC, filed.(Hayes, Elizabeth) (Entered: 03/22/2023) |
| 03/27/2023 | 4 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/2/2023 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 03/27/2023) |
| 04/07/2023 | 5 | AMENDED COUNTERCLAIM against Houston Prime Investments, Ltd. filed by Community Loan Servicing, LLC.(Hayes, Elizabeth) (Entered: 04/07/2023) |
| 04/11/2023 | 6 | CERTIFICATE OF INTERESTED PARTIES by Houston Prime Investments, Ltd., filed.(Hall, Benjamin) (Entered: 04/11/2023) |
| 04/12/2023 | 7 | NOTICE of Appearance by George J. Hittner on behalf of Houston Prime Investments, Ltd., filed. (Hittner, George) (Entered: 04/12/2023) |
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| 05/01/2023 12:42:56 |
| Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
| 201635057- 7 Disposed (Final) |
PATRICK O’CONNOR & ASSOCIATES L P vs. BAJMANLOU, AMIR (INDIVIDUALLY AND DBA HOUSTON PRIME INVESTMENT | 5/27/2016 | 334 | Civil | Debt / Contract – Debt / Contract | |
| 201612920- 7 Disposed (Final) |
HARRIS COUNTY vs. BAJMANLOU, AMIR H |
2/29/2016 | 157 | Civil | Tax Delinquency | |
| 201610170- 7 Disposed (Final) |
HARRIS COUNTY vs. BAJMANLOU, AMIR H | 2/18/2016 | 189 | Civil | Tax Delinquency | |
| 201459820- 7 Disposed (Final) |
SLEIMAN, JOSEPH (MD) vs. BAJMANLOU, AMIR (INDIVIDUALLY) (AKA AMIR |
10/14/2014 | 151 | Civil | OTHER CIVIL | |
| 200956117- 7 Disposed (Final) |
SLEIMAN, JOSEPH ABOU (M D) vs. 3100 REALTY INTERESTS INC | 9/1/2009 | 157 | Civil | DAMAGES (OTHER) | |
| 200949928- 7 Disposed (Final) |
HARRIS COUNTY, ET AL vs. BAJMANLOU, AMIR (DBA OK TRAVEL) |
8/7/2009 | 061 | Civil | Tax Delinquency | |
| 200206391- 7 Disposed (Final) |
SHAYESTEH-MEHR, SORUR vs. BAJMANLOU, AMIR | 2/6/2002 | 270 | Civil | INJUNCTION | |
| 200206391A- 7 Disposed (Final) |
SHAYESTEH-MEHR, SORUR vs. BAJMANLOU, AMIR |
2/6/2002 | 270 | Civil | SEVERANCE |
If a corporation’s franchise tax has involuntarily ended, it could mean that the corporation has failed to pay its franchise tax obligations, and as a result, its status has been terminated by the state.
In this case, the corporation would need to request a tax clearance to reinstate its entity, and during this process, it may need to resolve any outstanding tax issues and pay any unpaid taxes, penalties, or interest owed.
If the corporation is successful in reinstating its entity, it would need to address any issues with its management structure, as the previous management may no longer be available or suitable to continue managing the corporation.
The corporation may need to appoint new officers and directors or restructure its management team, depending on the circumstances.
Really? @DeutscheBank What about all the post 2008 foreclosure cases where homeowners have had to push back against egregious corruption?
“9 Years later…we haven’t even reached the pleading stage – It takes the resources of a literal bank to push back on this kind of conduct.” https://t.co/iO3E3GKXAr pic.twitter.com/MTD4XcOdk6
— lawsinusa (@lawsinusa) April 27, 2023
202312684 –
HOUSTON PRIME INVESTMENTS, LTD. vs. COMMUNITY LOAN SERVICING, LLC
FEB 27, 2023 | REPUBLISHED BY LIT: MAR 10, 2023
AMENDED PETITION (TRO GRANTED)
Here’s the now unavailable (corrupted) original Petition which shows how legally inept Bandit Lawyer Clay Vilt really is. TRO Denied.
The before and after TRO petitions tell y’all folks a lot about what we’ve been sayin’ about Robert Clay Vilt. He’s a Bandit con man who doesn’t even know the laws he’s usin’ and abusin’. It’s not shockin’ to LIT. Now, we’re watchin’ him self destruct.
ABOUT RIMA GROUP INC
Rima Group Inc is a primary care provider established in Houston, Texas operating as a Family Medicine. The NPI number of this provider is 1457746919 and was assigned on April 2015. The practitioner’s primary taxonomy code is 207Q00000X.
The provider is registered as an organization and their NPI record was last updated 8 years ago.
Rima Group Inc operates as a multi-specialty business group with one or more individual providers who practice different areas of specialization. The authorized official of this NPI record is Amir Bajmanlou (Manager)
NPI
1457746919
Provider Name
RIMA GROUP INC
Location Address
3100 HILLCROFT ST SUITE A HOUSTON, TX 77057
Location Phone
(713) 292-7044
Mailing Address
3100 HILLCROFT ST SUITE A HOUSTON, TX 77057
NPI Entity Type
Organization
Is Sole Proprietor?
N/A
Is Organization Subpart?
No
Enumeration Date
04-01-2015
Last Update Date
04-01-2015
A primary care provider (PCP) like Rima Group Inc sees people with common medical problems. The primary care provider might be a doctor, physician assistant, nurse practitioner or clinic that are usually involved in your long-term care. A PCP might provide preventive care, treat common medical conditions, identify urgent medical problems and refer you to specialists when necessary. Primary care is usually provided in an outpatient facility but if you are admitted to a hospital your PCP may assist in your care. The most common medical conditions seen by primary care providers are: hypertension, upper respiratory tract infections, depression or anxiety, back pain, arthritis, dermatitis, diabetes, urinary tract infections, etc .
PRIMARY TAXONOMY
The primary taxonomy code defines the provider type, classification, and specialization. There could be only one primary taxonomy code per NPI record. For individual NPIs the license data is associated to the taxonomy code.
Taxonomy Code
207Q00000X
Classification
Family Medicine
Type
Allopathic & Osteopathic Physicians
Taxonomy Description
Family Medicine is the medical specialty which is concerned with the total health care of the individual and the family. It is the specialty in breadth which integrates the biological, clinical, and behavioral sciences. The scope of family medicine is not limited by age, sex, organ system, or disease entity.
BUSINESS ADDRESS
3100 HILLCROFT ST
SUITE A
HOUSTON, TX
ZIP 77057
Phone: (713) 292-7044
Get Directions
MAILING ADDRESS
3100 HILLCROFT ST
SUITE A
HOUSTON, TX
ZIP 77057
Phone: (713) 292-7044
LOCATION MAP
AUTHORIZED OFFICIAL
The name of the person authorized to submit the NPI application or to officially change data for a health care provider.
Authorized Official Name
AMIR BAJMANLOU
Authorized Official Title
MANAGER
Authorized Official Phone
(713) 292-7044
| 201635057- 7 Disposed (Final) |
PATRICK O’CONNOR & ASSOCIATES L P vs. BAJMANLOU, AMIR (INDIVIDUALLY AND DBA HOUSTON PRIME INVESTMENT | 5/27/2016 | 334 | Civil | Debt / Contract – Debt / Contract | |
| 201612920- 7 Disposed (Final) |
HARRIS COUNTY vs. BAJMANLOU, AMIR H |
2/29/2016 | 157 | Civil | Tax Delinquency | |
| 201610170- 7 Disposed (Final) |
HARRIS COUNTY vs. BAJMANLOU, AMIR H | 2/18/2016 | 189 | Civil | Tax Delinquency | |
| 201459820- 7 Disposed (Final) |
SLEIMAN, JOSEPH (MD) vs. BAJMANLOU, AMIR (INDIVIDUALLY) (AKA AMIR |
10/14/2014 | 151 | Civil | OTHER CIVIL | |
| 201128060- 7 Disposed (Final) |
BAJMANLOU, MASOUD (MATT) vs. FORD, JORDANA | 5/9/2011 | 310 | Family | DIVORCE W / CHILDREN | |
| 200956117- 7 Disposed (Final) |
SLEIMAN, JOSEPH ABOU (M D) vs. 3100 REALTY INTERESTS INC |
9/1/2009 | 157 | Civil | DAMAGES (OTHER) | |
| 200949928- 7 Disposed (Final) |
HARRIS COUNTY, ET AL vs. BAJMANLOU, AMIR (DBA OK TRAVEL) | 8/7/2009 | 061 | Civil | Tax Delinquency | |
| 200206391- 7 Disposed (Final) |
SHAYESTEH-MEHR, SORUR vs. BAJMANLOU, AMIR |
2/6/2002 | 270 | Civil | INJUNCTION | |
| 200206391A- 7 Disposed (Final) |
SHAYESTEH-MEHR, SORUR vs. BAJMANLOU, AMIR | 2/6/2002 | 270 | Civil | SEVERANCE |
Vihn Truong and Alter Ego Vindustrialist LLC Hires Bandit Lawyer Clay Vilt for Bankruptcy Case
Looking to thwart foreclosure of the home at 826 Bunker Hill Road Houston TX 77024, the delay results in a six-month bk filing sanction.
Judge Ravi Sandill Extends TRO in Fraudulent Transfer Lawsuit for Gov. Protected Legal Bandit Clay Vilt
Vu Truong returns to HCDC re the same apt at 1901 Post Oak. In our related article, the other entity has always been Greenleaf House LLC.
Bandit Texas Lawyer Robert C. Vilt Drives Away With a New Deal
Shielded by the US Government’s Lawyer Protection Program, Robert C. Vilt is Striking Deals.
