Holland and Knight’s Foreclosure Removal Is Backdated by Harris County District Court

Answer to Amended Complaint (Nov 8)

Answer to Amended Complaint (Oct 18)

The Chief keeps pushin’ back the conference, now it’s Oct. 7 – perhaps to give time to Lane Law to reply (which they have) to motion to dismiss and to allow for a more meaningful discussion…

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-02376

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Joint Discovery/Case Management Plan, (Sep 21)

And a premature Motion to Dismiss (Sep 16)

NOTICE of Resetting. Parties notified.

Initial Conference reset for 10/3/2022 at 03:10 PM in by video before Chief Judge Lee H Rosenthal, – LIT KNOWS WHO THE BLIND DRAW FAVORED NOW, THE CHIEF IS LOOKIN’ AFTER H&K, ONE OF THE 9 BIGLAW FIRMS IN TEXAS – filed.

A Zoom link will be provided. (leddins, 4) (Entered: 08/24/2022)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-02376

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LIT was closely monitoring this case and noted on Monday morning, the actual date we prepared this article, there was no removal documents on the state court docket. We believe, applying common sense to the removal code below, that the removal documents should have shown up on the state court docket FIRST. Unsurprisingly, Texas apparently allows backdating of documents onto the docket. That’s criminal too.

28 U.S. Code § 1446 – Procedure for removal of civil actions

(d) Notice to Adverse Parties and State Court.—

Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall EFFECT the removal and the State court shall proceed no further unless and until the case is remanded.

Here, despite the notice of removal filing statements by H&K for LoanCare, LLC, they are not following procedure by filing notice in state court AFTER removal. To EFFECT removal, it has to be filed in State court first;

OTHER MATTERS

16. As required by 28 U.S.C. §1446(a), true and correct copies of all process, pleadings, and orders that have been served or filed in the State Court Action of which LoanCare is aware, with a copy of the docket sheet, are attached as Exhibits B and C.

17. As required by 28 U.S.C. § 1446(d), LoanCare will give written notice to all counsel of record of the filing of its Notice of Removal.

LoanCare will promptly file a copy of the Notice of Removal with the Clerk of the District Court, Harris County, Texas.

[not AFTER removal, to EFFECT removal is when Notice of Removal was required]

18. LoanCare removes the State Court Action to this Court, and requests that the Court issue any orders necessary to stay proceedings in the State Court Action, and assume jurisdiction over this action for all purposes.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-02376

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DV ENERGY CONSULTING is located in Humble, Texas. This organization primarily operates in the Business Consulting, nec business / industry within the Engineering, Accounting, Research, and Management Services sector. This organization has been operating for approximately 11 years. DV ENERGY CONSULTING is estimated to generate $33,388 in annual revenues, and employs approximately 5 people at this single location. This is a women owned and minority owned business. The owner of this business, David Holland, is Hispanic American.