Debt Collector

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

Holland Knight Attorney David Hornbeak removed the lawsuit on Friday. It took until late on Monday to show on HCC Docket, dated Friday.

Holland v. LoanCare LLC

(4:22-cv-02376)

District Court, S.D. Texas, BLIND DRAW ASSIGNMENT PENDING

JUL 15, 2022 | REPUBLISHED BY LIT: JUL 18, 2022

The Lawyer in Question, David Hornbeak

Reading bio for H&K lawyer…

STAY (Nov. 18)

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

Create an Alert for This Case on RECAP

Holland et al v. LoanCare LLC
Assigned to: Chief Judge Lee H Rosenthal
Demand: $75,000,000
Cause: 28:1332 Diversity-Notice of Removal
Date Filed: 07/15/2022
Jury Demand: Both
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity

 

Date Filed # Docket Text
09/16/2022 12 MOTION to Dismiss by LoanCare LLC, filed. Motion Docket Date 10/7/2022. (Attachments: # 1 Proposed Order)(Hornbeak, David) (Entered: 09/16/2022)
09/21/2022 13 JOINT DISCOVERY/CASE MANAGEMENT PLAN by David K Holland, Valeria Holland, filed.(Lane, Robert) (Entered: 09/21/2022)
10/02/2022 14 NOTICE of Resetting. Parties notified. Initial Conference reset for 10/7/2022 at 01:50 PM in by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided. (leddins, 4) (Entered: 10/02/2022)
10/04/2022 15 AMENDED COMPLAINT with Jury Demand against All Defendants filed by David K Holland, Valeria Holland. (Attachments: # 1 Exhibit 1 – Deed of Trust, # 2 Errata 2 – Proof of Payments)(Lane, Robert) (Entered: 10/04/2022)
10/04/2022 16 RESPONSE to 12 MOTION to Dismiss filed by David K Holland, Valeria Holland. (Attachments: # 1 Proposed Order)(Lane, Robert) (Entered: 10/04/2022)
10/04/2022 17 Other EXHIBITS re: 15 Amended Complaint/Counterclaim/Crossclaim etc. by David K Holland, Valeria Holland, filed.(Lane, Robert) (Entered: 10/04/2022)

 


 

PACER Service Center
Transaction Receipt
10/04/2022 17:51:06

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

Create an Alert for This Case on RECAP

Holland et al v. LoanCare LLC
Assigned to: Chief Judge Lee H Rosenthal
Demand: $75,000,000
Cause: 28:1332 Diversity-Notice of Removal
Date Filed: 07/15/2022
Jury Demand: Both
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity

 

Date Filed # Docket Text
07/19/2022 3 Unopposed MOTION for Extension of Time To Respond to Complaint by LoanCare LLC, filed. Motion Docket Date 8/9/2022. (Attachments: # 1 Proposed Order)(Hornbeak, David) (Entered: 07/19/2022)
07/20/2022 4 CERTIFICATE OF INTERESTED PARTIES by David K Holland, Valeria Holland, filed.(Lane, Robert) (Entered: 07/20/2022)
07/26/2022 5 ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 9/9/2022 at 11:30 AM by video before Chief Judge Lee H Rosenthal. A Zoom link will be provided. (Signed by Chief Judge Lee H Rosenthal) (Attachments: # 1 Supplement) Parties notified.(leddins, 4) (Entered: 07/26/2022)
07/26/2022 6 ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 07/26/2022)
07/26/2022 7 ORDER granting 3 Motion for Extension of Time; Motion-related deadline set re: 3 Unopposed MOTION for Extension of Time To Respond to Complaint.; Answer due for LoanCare LLC 8/19/2022.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(kpicota, 4) (Entered: 07/26/2022)
08/12/2022 8 Second MOTION for Extension of Time to Respond to Complaint by LoanCare LLC, filed. Motion Docket Date 9/2/2022. (Attachments: # 1 Proposed Order)(Hornbeak, David) (Entered: 08/12/2022)
08/15/2022 9 ORDER granting 8 Motion for Extension of Time; Motion-related deadline set re: 8 Second MOTION for Extension of Time to Respond to Complaint. Answer due for LoanCare LLC 9/16/2022.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(JosephWells, 4) (Entered: 08/15/2022)
08/15/2022 10 NOTICE of Resetting. Parties notified. Initial Conference reset for 9/29/2022 at 10:30 AM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided. (leddins, 4) (Entered: 08/15/2022)
08/24/2022 11 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, filed. A Zoom link will be provided. (leddins, 4) (Entered: 08/24/2022)

 


 

PACER Service Center
Transaction Receipt
09/14/2022 19:04:42

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

Create an Alert for This Case on RECAP

Holland et al v. LoanCare LLC
Assigned to:
Demand: $75,000,000
Cause: 28:1332 Diversity-Notice of Removal
Date Filed: 07/15/2022
Jury Demand: Both
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
David K Holland represented by David K Holland
c/o Robert “Chip” C. Lane
The Lane Law Firm
6200 Savoy, Suite 1150
Houston, TX 77036-3300
713-595-8200
Fax: 713-595-8201
Email: notifications@lanelaw.com
PRO SE
Plaintiff
Valeria Holland represented by Valeria Holland
c/o Robert “Chip” C. Lane
The Lane Law Firm
6200 Savoy, Suite 1150
Houston, TX 77036-3300
713-595-8200
Fax: 713-595-8201
Email: notifications@lanelaw.com
PRO SE
V.
Defendant
LoanCare LLC
c/o John E. Joseph
Holland & Knight, LLP
811 Main Street, Suite 2500
Houston, TX 77002
215-252-9576
represented by David Drew Hornbeak
Holland & Knight, LLP
1100 Louisiana Street
Suite 4300
Houston, TX 77002
713-821-7000
Fax: 713-821-7001
Email: david.hornbeak@hklaw.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
07/15/2022 1 NOTICE OF REMOVAL from 281st Judicial District Court of Harris County, Texas, case number 2022-32578 (Filing fee $ 402 receipt number ATXSDC-28472784) filed by LoanCare LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Hornbeak, David) (Entered: 07/15/2022)
07/15/2022 2 CERTIFICATE OF INTERESTED PARTIES by LoanCare LLC, filed.(Hornbeak, David) (Entered: 07/15/2022)

 


 

PACER Service Center
Transaction Receipt
07/18/2022 03:18:27

12902 Tamarack Bend Ln Atascocita, Humble, Texas

Prorealty Group USA is located in Humble, Texas. This organization primarily operates in the Real Estate Agents and Managers business / industry within the Real Estate sector. This organization has been operating for approximately 6 years. Prorealty Group USA is estimated to generate $68,304 in annual revenues, and employs approximately 4 people at this single location.

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.

DAVID HOLLAND, REALTOR

202232578 – HOLLAND, DAVID K vs. LOANCARE LLC (Court 281)

NO NOTICE OF REMOVAL FILED IN STATE COURT ON MONDAY MORNING 18TH JULY, BUT THAT WOULD CHANGE LATER IN THE DAY

PARTIES

HARRIS COUNTY COURT CASE

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Case 1: Dismissed with Prejudice. Case 2: Never concluded. Case 3 is back, with lawyer Clay Vilt reappearing and dismissing with prejudice.

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