LIT UPDATE
Apr. 2024
In Federal court, on Oct. 17, 2022: Application for Temporary Restraining Order by pro se’s David McGregor and Flomara McGregor would be rejected by Judge Hoyt’s order on Dec. 9, 2022.
However, in the interim, the state court’s writ of possession was executed on Nov. 8, 2022, and the constable reported the home was empty and vacant.
Thereafter, there was a flurry of motions and filings to dispose of the case, which would result in a memorandum and judgment for the defendants.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01782
| McGregor v. Fay Servicing, LLC et al Assigned to: Judge Kenneth M Hoyt
Cause: 28:1446 Notice of Removal |
Date Filed: 06/01/2022 Date Terminated: 11/02/2023 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/01/2023 | 15 | DESIGNATION OF EXPERT WITNESS LIST by David E. Brown, Resconn Management, LLC, filed.(King, Lee) (Entered: 03/01/2023) |
| 07/19/2023 | 16 | Joint MOTION for Extension of Time Dispositive Motion Deadline by Fay Servicing, LLC, filed. Motion Docket Date 8/9/2023. (Attachments: # 1 Proposed Order)(Deal, Aditi) (Entered: 07/19/2023) |
| 07/21/2023 | 17 | ORDER granting 16 Joint MOTION for Extension of Time Dispositive Motion Deadline. IT IS THEREFORE ORDERED that the deadline for filing dispositive motions shall be extended by thirty (30) days, from July 20, 2023 to August 18, 2023.(Signed by Judge Kenneth M Hoyt) Parties notified.(JacquelineMata, 4) (Entered: 07/21/2023) |
| 08/18/2023 | 18 | MOTION for Summary Judgment by Fay Servicing, LLC, filed. Motion Docket Date 9/8/2023. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Deal, Aditi) (Entered: 08/18/2023) |
| 09/15/2023 | 19 | NOTICE of Plaintiffs’ Non-Response by Fay Servicing, LLC, filed. (Deal, Aditi) (Entered: 09/15/2023) |
| 09/19/2023 | 20 | MOTION to Abate by Fay Servicing, LLC, filed. Motion Docket Date 10/10/2023. (Attachments: # 1 Proposed Order)(Deal, Aditi) (Entered: 09/19/2023) |
| 09/21/2023 | 21 | NOTICE of Setting. Parties notified. Status Conference regarding docket call is set for 9/28/2023 at 08:30 AM before Judge Kenneth M Hoyt, filed. (On “Meet-Me” Line) (GabrielleLyons, 4) Modified on 9/21/2023 (CynthiaHorace). (Entered: 09/21/2023) |
| 09/22/2023 | 22 | Proposed Pretrial Order by Fay Servicing, LLC (Attachments: # 1 Exhibit List, # 2 Proposed Voir Dire, # 3 Proposed Jury Instructions)(Deal, Aditi) (Entered: 09/22/2023) |
| 09/28/2023 | 24 | ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on September 28, 2023 at 8:30 a.m. Appearances: David McGregor, Flomara McGregor, Aditi Deal. (Court Reporter: G. Dye). Pursuant to phone conference, the Court enters an order addressing the issues raised. (Signed by Judge Kenneth M Hoyt) Parties notified.(CynthiaHorace) (Entered: 10/06/2023) |
| 09/28/2023 | 25 | ORDER granting 20 MOTION to Abate re: 18 MOTION for Summary Judgment ( Responses due by 10/11/2023.) Failing, the Court will take up Fays motion.(Signed by Judge Kenneth M Hoyt) Parties notified.(CynthiaHorace) (Entered: 10/06/2023) |
| 10/01/2023 | 23 | Proposed Pretrial Order by David E. Brown, Resconn Management, LLC(King, Lee) (Entered: 10/01/2023) |
| 10/12/2023 | 26 | Plaintiffs’ RESPONSE to 18 MOTION for Summary Judgment, filed by David McGregor, Flomara McGregor. (CynthiaHorace) (Entered: 10/16/2023) |
| 10/18/2023 | 27 | RESPONSE to 18 MOTION for Summary Judgment filed by David McGregor, Flomara McGregor. (GlendaHassan, 4) (Entered: 10/18/2023) |
| 10/19/2023 | 28 | MEMORANDUM AND ORDER granting 18 Defendant Fay Servicing, LLC’s MOTION for Summary Judgment. Within 10 days of the entry of this Memorandum, Fay shall provide the Court with an appropriate Final Judgment.(Signed by Judge Kenneth M Hoyt) Parties notified.(CynthiaHorace) (Entered: 10/19/2023) |
| 10/30/2023 | 29 | PROPOSED ORDER Proposed Final Judgment, filed.(Deal, Aditi) (Entered: 10/30/2023) |
| 11/02/2023 | 30 | FINAL JUDGMENT. Case terminated on 11/2/2024(Signed by Judge Kenneth M Hoyt) Parties notified.(KimberlyPicota, 4) (Entered: 11/02/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 04/05/2024 09:42:53 |
Have you seen this judge @MikeEngelhart?
LIT avers that the homeowners have a damages claim against Badger Law Office and Network Funding LP, but not for the reasoning provided by their legal counsel. See our audit results: https://t.co/fdgLQGurDd— lawsinusa (@lawsinusa) April 4, 2024
McGregor v. Fay Servicing, LLC
(4:22-cv-01782)
District Court, S.D. Texas
JUN 1, 2022 | REPUBLISHED BY LIT: JUN 2, 2022
Correction: McCain Law firm is representing Resconn Management, LLC and member David E. Brown – not the non-prisoners and pro se litigants, the McGregors.
Contrary to the law and recent class action settlement, some judges which includes Judge Hoyt, are charging for memorandum opinions and final judgments in violation of the law.
Final judgment was entered for the bank/servicer on Nov. 2, 2023.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01782
| McGregor v. Fay Servicing, LLC et al Assigned to: Judge Kenneth M Hoyt
Cause: 28:1446 Notice of Removal |
Date Filed: 06/01/2022 Date Terminated: 11/02/2023 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/28/2023 | 24 | ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on September 28, 2023 at 8:30 a.m. Appearances: David McGregor, Flomara McGregor, Aditi Deal. (Court Reporter: G. Dye). Pursuant to phone conference, the Court enters an order addressing the issues raised. (Signed by Judge Kenneth M Hoyt) Parties notified.(CynthiaHorace) (Entered: 10/06/2023) |
| 09/28/2023 | 25 | ORDER granting 20 MOTION to Abate re: 18 MOTION for Summary Judgment ( Responses due by 10/11/2023.) Failing, the Court will take up Fays motion.(Signed by Judge Kenneth M Hoyt) Parties notified.(CynthiaHorace) (Entered: 10/06/2023) |
| 10/12/2023 | 26 | Plaintiffs’ RESPONSE to 18 MOTION for Summary Judgment, filed by David McGregor, Flomara McGregor. (CynthiaHorace) (Entered: 10/16/2023) |
| 10/18/2023 | 27 | RESPONSE to 18 MOTION for Summary Judgment filed by David McGregor, Flomara McGregor. (GlendaHassan, 4) (Entered: 10/18/2023) |
| 10/19/2023 | 28 | MEMORANDUM AND ORDER granting 18 Defendant Fay Servicing, LLC’s MOTION for Summary Judgment. Within 10 days of the entry of this Memorandum, Fay shall provide the Court with an appropriate Final Judgment.(Signed by Judge Kenneth M Hoyt) Parties notified.(CynthiaHorace) (Entered: 10/19/2023) |
| 10/30/2023 | 29 | PROPOSED ORDER Proposed Final Judgment, filed.(Deal, Aditi) (Entered: 10/30/2023) |
| 11/02/2023 | 30 | FINAL JUDGMENT. Case terminated on 11/2/2024(Signed by Judge Kenneth M Hoyt) Parties notified.(KimberlyPicota, 4) (Entered: 11/02/2023) |
ORDER denying 11 Plaintiffs’ Motion for Temporary Restraining Order.
(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
(Entered: 12/10/2022)
Corrected OBJECTIONS to 11 MOTION for Temporary Restraining Order ,
filed by David E. Brown, Resconn Management, LLC.
(Attachments: # 1 Affidavit Corrected Declaration of David E. Brown, # 2 Proposed Order Order Denying Application for Injunctive Relief)(King, Lee)
(Entered: 10/18/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01782
Create an Alert for This Case on RECAP
| McGregor v. Fay Servicing, LLC et al Assigned to: Judge Kenneth M Hoyt
Cause: 28:1446 Notice of Removal |
Date Filed: 06/01/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/26/2022 | 9 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fay Servicing, LLC, filed.(Deal, Aditi) (Entered: 09/26/2022) |
| 10/06/2022 | 10 |
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on October 6, 2022 at 9:00 a.m. Appearances: Waived. Telephonic appearances are waived. Initial Disclosures due by 10/21/2022. Pltf Expert Witness List due by 2/10/2023. Pltf Expert Report due by 2/10/2023. Deft Expert Witness List due by 3/1/2023. Deft Expert Report due by 3/1/2023. Discovery due by 6/30/2023. Dispositive Motion Filing due by 7/20/2023. Docket Call set for 10/2/2023 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney’s fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions. ETT: 2-3 days. Jury trial. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 10/06/2022) |
| 10/17/2022 | 11 | Application for Temporary Restraining Order by David McGregor, Flomara McGregor, filed. Motion Docket Date 11/7/2022. (kpicota, 4) (Entered: 10/17/2022) |
| 10/18/2022 | 12 | OBJECTIONS to 11 MOTION for Temporary Restraining Order , filed by David E. Brown, Resconn Management, LLC. (Attachments: # 1 Affidavit Declaration of David E. Brown, # 2 Proposed Order Proposed Order Denying Plaintiffs’ Application for Injunctive Relief)(King, Lee) (Entered: 10/18/2022) |
| 10/18/2022 | 13 | Corrected OBJECTIONS to 11 MOTION for Temporary Restraining Order , filed by David E. Brown, Resconn Management, LLC. (Attachments: # 1 Affidavit Corrected Declaration of David E. Brown, # 2 Proposed Order Order Denying Application for Injunctive Relief)(King, Lee) (Entered: 10/18/2022) |
| 12/09/2022 | 14 | ORDER denying 11 Plaintiffs’ Motion for Temporary Restraining Order.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 12/10/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 12/10/2022 15:40:23 |
Following Telephone Scheduling Conference (Glad to see y’all amended the date the judge signs the order, Clerks)
Lots of creditor rights attorneys appearin’ but no word from the pro se homeowner.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01782
Create an Alert for This Case on RECAP
| McGregor v. Fay Servicing, LLC et al Assigned to: Judge Kenneth M Hoyt
Cause: 28:1446 Notice of Removal |
Date Filed: 06/01/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/30/2022 | 3 | NOTICE of Appearance by Matthew K. Hansen on behalf of Fay Servicing, LLC, filed. (Deal, Aditi) (Entered: 06/30/2022) |
| 06/30/2022 | 4 | NOTICE of Appearance by Robert T. Mowrey on behalf of Fay Servicing, LLC, filed. (Deal, Aditi) (Entered: 06/30/2022) |
| 06/30/2022 | 5 | ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 10/6/2022 at 08:45 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 06/30/2022) |
| 07/14/2022 | 6 | CERTIFICATE OF INTERESTED PARTIES by Fay Servicing, LLC, filed.(Deal, Aditi) (Entered: 07/14/2022) |
| 08/16/2022 | 7 | NOTICE of Appearance by Melina B. Cain and Lee Keller King on behalf of David E. Brown, Resconn Management, LLC, filed. (King, Lee) (Entered: 08/16/2022) |
| 08/16/2022 | 8 | CERTIFICATE OF INTERESTED PARTIES by David E. Brown, Resconn Management, LLC, filed.(King, Lee) (Entered: 08/16/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/19/2022 15:23:44 |
ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 10/6/2022 at 08:45 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 06/30/2022)
McCain Law firm is representing Resconn Management, LLC and member David E. Brown – not the non-prisoners and pro se litigants, the McGregors.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01782
Create an Alert for This Case on RECAP
| McGregor v. Fay Servicing, LLC et al Assigned to: Judge Kenneth M Hoyt
Cause: 28:1446 Notice of Removal |
Date Filed: 06/01/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| David McGregor | represented by | David McGregor 19439 Buckland Park Drive Katy, TX 77449 (832) 481-4851 PRO SE |
| Plaintiff | ||
| Flomara McGregor | represented by | Flomara McGregor 19439 Buckland Park Drive Katy, TX 77449 (832) 481-4851 PRO SE |
| V. | ||
| Defendant | ||
| Fay Servicing, LLC | represented by | Aditi Deal Locke Lord 600 Travis St. Ste. 2800 Houston, TX 77002 713-226-1435 Email: aditi.deal@lockelord.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Resconn Management, LLC | represented by | Melina Bible Cain Cain King 416 Westheimer Houston, TX 77006 713-623-8200 Fax: 713-623-8400 Email: melina@houstonlegal.services LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| David E. Brown | represented by | Melina Bible Cain (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/01/2022 | 1 | NOTICE OF REMOVAL from 61st District Court, case number 2022-21082 (Filing fee $ 402 receipt number BTXSDC-28257753) filed by Fay Servicing, LLC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit EX. A [Index], # 3 Exhibit EX. B [List of Counsel of Record], # 4 Exhibit EX. C [State Court Civil Docket Sheet], # 5 Exhibit EX. D [Consent to Removal], # 6 Exhibit EX. E [Plaintiffs Original Petition], # 7 Exhibit EX. F [Order Denying TRO], # 8 Exhibit EX. G [Plaintiffs’ Amended Original Application], # 9 Exhibit EX. H [Defendant Fay Servicing, LLC’s Original Answer], # 10 Exhibit EX. I [Defendant David E. Brown’s Original Answer], # 11 Exhibit EX. J [Defendant Resconn Management LLC’s Original Answer], # 12 Exhibit EX. K [Defendant David E. Brown’s First Amended Answer], # 13 Exhibit EX. L [Citations])(Deal, Aditi) (Entered: 06/01/2022) |
| 06/02/2022 | 2 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (AkeitaMichael, 4) (Entered: 06/02/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/26/2022 06:27:39 |
LIT CALLED IT
Personal injury claimants in Ch 11 case of Kimberly-Clark hand sanitizer co 4E Brands have asked a Texas court to disgorge fees paid to @Jackson_Walker law firm because Liz Freeman was involved in an undisclosed personal relationship with disgraced Judge David Jones pic.twitter.com/2RwA7g3pYw— lawsinusa (@lawsinusa) October 31, 2023
202221082
MCGREGOR, DAVID vs. FAY SERVICES LLC
(Court 061, Judge Fredericka Phillips)
APR 6, 2022 | REPUBLISHED BY LIT: JUN 2, 2022
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