LIT COMMENTARY
As LIT predicted, one of Hartman’s entities filed for bankruptcy protection in Delaware on September 13, 2023:
PLEASE TAKE NOTICE that Hartman SPE LLC filed for Chapter 11 Bankruptcy on September 13, 2023.
Hartman REIT Changes Name
DEC 26, 2022 | REPUBLISHED BY LIT: OCT 9, 2023
HOUSTON – Hartman Short Term Income Properties XX, a publicly registered non-traded real estate investment trust headquartered in Houston, has announced the company’s name change to Silver Star Properties REIT (Acquiring Institutional Grade Self Storage Investments).
The name change comes as the company announced a plan to diversify its portfolio with the addition of self-storage properties.
The newly named Silver Star Properties will also sell some of its existing properties, office buildings.
“Silver Star Properties plans to pivot away from being primarily an office REIT to include the new asset class in 18 to 24 months. Additionally, Silver Star Properties expects that this pivot will better position the company to provide enhanced liquidity to its shareholders, potentially through a tender offer, resumption of share redemptions, and potentially a listing of its securities on a national exchange,” the company said in a press release.
“We intend to be highly strategic in our disposition of assets as we make the pivot to self-storage on a national basis. We believe self-storage is one of the best performing asset classes for inflation and recession resistance, while also providing enhanced revenue opportunities for growth in both up and down markets,” said Chief Executive Officer, Mark Torok.
The plan to expand the company’s asset classes should allow it to maintain a resilient investment approach and create a more inflation resistant portfolio, the Houston firm said.
Torok cautioned that the new direction is still subject to approval by the company’s Executive Committee.
Hartman has extensive experience acquiring, owning, managing, and leasing commercial office, retail, light industrial, self-storage, and warehouse properties located in Texas. Since 1983, the company and its affiliated entities have sponsored 27 programs and acquired interests in more than 90 real assets totaling over $805 million.
The Hartman company was founded by Allen R. Hartman. In 1984, he formed Hartman Management and began sponsoring private real estate investment programs. During the next 24 years, he built Hartman Management into one of the leading commercial property management firms in Texas and sponsored 20 privately offered programs and one publicly offered program that invested in commercial real estate in Houston, San Antonio and Dallas.
In 1998, he merged the Hartman real estate programs and formed Hartman Commercial Properties REIT, now known as Whitestone REIT.
Texan World Order: The Sovereign Wealth Fund Institute Turns Dallas Cowboys Into a Family Office https://t.co/XhjvOUuNzw @BlackRock @jpmorgan @JPMorganAM @DeutscheBank @WellsFargo @BankofAmerica @MorganStanley @wef @ANTlWEF @dallascowboys @Rangers #ColonyRidge #TWO #NMA #txlege pic.twitter.com/Ydsb5GTMJ4
— lawsinusa (@lawsinusa) October 6, 2023
202318515 –
EARTHWORKS INC vs. HARTMAN SPE LLC
(Court 190, JUDGE BEAU MILLER)
MAR 22, 2023 | REPUBLISHED BY LIT: MAR 22, 2023
202310348
SUMMER ENERGY LLC vs. HARTMAN SHORT TERM INCOME PROPERTIES XX INC
(Court 333, JUDGE BRITTANYE MORRIS transferred to JUDGE DONNA ROTH, Court 295)
FEB 16, 2023 | REPUBLISHED BY LIT: FEB 16, 2023
Pursuant to Tex. R. Civ. P. 162, Plaintiff Summer Energy LLC nonsuits with prejudice all causes of action asserted against Defendants Hartman 1400 Broadfield LLC, Hartman 16420 Park Ten LLC, Hartman 7915 FM 1960 LLC, Hartman 11211, LLC, Hartman SPE, LLC, Hartman Spectrum, LLC, Hartman Timberway II LLC, Hartman Village Pointe, LLC, Hartman Park Ten Place I & II LLC, and Hartman Richardson Tech Center, LLC (“Defendants”).
On September 15, 2023, Hartman SPE filed a Suggestion of Bankruptcy stating that Hartman SPE had filed for Chapter 11 Bankruptcy on September 13, 2023, which is pending as Case No. 1:23-bk-11452, In re Hartman SPE LLC, in the U.S. Bankruptcy Court for the District of Delaware.
While the claims against Hartman SPE are stayed during the pendency of the bankruptcy, the dismissal of a defendant/debtor from a lawsuit does not violate the bankruptcy stay.
Darr v. Altman, 20 S.W.3d 802, 807 (Tex. App.—Houston [14th Dist.] 2000, no pet.) (citing Orion Investments, Inc. v. Dunaway & Associates, Inc., 760 S.W.2d 371, 374 (Tex. App.—Fort Worth 1988, writ denied)).
Therefore, Plaintiff prays that this Court dismiss with prejudice Plaintiff’s claims against Defendants, with Plaintiff and Defendants to bear their own costs.
Dated: May 10, 2024
Respectfully submitted,
Dobrowski Stafford L.L.P.
By: /s/ Shane L. Kotlarsky
Paul J. Dobrowski
State Bar No. 05927100
Shane L. Kotlarsky
State Bar No. 24083329
4601 Washington Avenue, Suite 300
Houston, Texas 77007
Telephone: (713) 659-2900
Facsimile: (713) 659-2908
Email: pjd@doblaw.com
Email: skotlarsky@doblaw.com
Attorneys For Plaintiff Summer Energy LLC
FACTUAL BACKGROUND
The above-styled case is an errant attempt to re-try a lawsuit that has already been tried to this Honorable Court and is currently on appeal.1
That case deals with the exact same electrical billing as the instant case.
The undersigned counsel made an appearance for Hartman vREIT XXI, Inc. in this case on March 20, 2023 in Defendants’ Original Answer. Hartman vREIT XXI, Inc. is also a Defendant
1 See Cause No. 2021-31657, Summer Energy, LLC v. Hartman Income REIT Management in the 295th Judicial District Court of Harris County, Texas; Court of Appeals Number: 14-22-00469.
in Cause No. 2023-17944 Allen N. Hartman v. Silver Star Properties REIT Inc., et al. in the 133rd Judicial District Court of Harris County, Texas.
See attached Plaintiffs’ Third Amended Original Petition and Petition for Declaratory Relief.
The undersigned is not counsel for Hartman vREIT XXI, Inc. in that lawsuit.
MOTION TO WITHDRAW
The undersigned counsel has complied with the requirements of Texas Rule of Civil Procedure 10 in the following respects:
· A copy of this motion has been delivered to Hartman vREIT XXI, Inc.’s registered agent, Michael Racusin at 2909 Hillcroft, Suite 420, Houston, Texas 77057
· Counsel has notified Hartman vREIT XXI, Inc. that it may object to the withdrawal.
· It is unknown whether Hartman vREIT XXI, Inc. consents to this Motion.
· Hartman vREIT XXI, Inc.’s last known address is through registered agent Michael Racusin at 2909 Hillcroft, Suite 420, Houston, Texas 77057.
· A copy of the May 16, 2023 Docket Control Order has been forwarded to Michael Racusin.
A conflict exists such that the current counsel of record can no longer continue to represent Hartman vREIT XXI, Inc. in this, or any other matter. The conflict is such that even an attempt to explain it generally could disclose privileged client confidences and communications.
PRAYER
The undersigned counsel requests that this Honorable Court order the counsel is withdrawn as counsel of record, and allow Hartman vREIT XXI, Inc. 30 days to obtain counsel of record to make an appearance in this case.
Respectfully submitted,
DANIELS & TREDENNICK, PLLC
By: /s/ J. Christopher Diamond
Douglas A. Daniels
Texas State Bar No. 00793579
doug.daniels@dtlawyers.com
J. Christopher Diamond
Texas State Bar No. 00792459
chris@dtlawyers.com
Sabrina R. Tour
Texas State Bar No. 24093271
sabrina@dtlawyers.com
6363 Woodway Dr., Suite 700
Houston, TX 77057-1759
(713) 917-0024 Telephone
(713) 917-0026 Facsimile
COUNSEL FOR DEFENDANTS
LIT notes that Daniels has another law firm partnership which is having issues complyin’ with Virage debt repayment plan, see; 202341958 – VIRAGE SPV 1 LLC vs. DANIELS & GENTLE (Court 055).
Virage sues Gentle in HCDC on Jul. 7, 2023.
$10 buck sale of $3.5M property to Theofanidis’ signed Jul. 17, 2023.
Notably after refi signed by Gentles’ on Jun. 20, 2023.
WHAT’s LIT WORKIN’ ON? TIMING.
JUN 20
Refi $2.1 to 2.5M by Gentle @ZionsBank @AmegyBankJUL 7
Litigation funder Virage sues suspended @statebaroftexas Andrea Gentle in HCDCJUL 17
She sells River Oaks Home for $10 bucks (value $3.5M) to Paris Theofanidis of @Paul_Hastings pic.twitter.com/jGkzZhYzPy— lawsinusa (@lawsinusa) October 9, 2023
QUESTIONS
Did @ZionsBank @AmegyBank anticipate a bridging loan?
Was it a “no docs” loan as Andrea Gentle is not allowed to work as a lawyer right now?
Was the $2.5M repaid on this “sale”?
Is Wall St. Lawyer Paris Theofanidis helping friends restructure finances? @WellsFargo pic.twitter.com/8ayCZFGyJv— lawsinusa (@lawsinusa) October 9, 2023
Are the Theofanidis claiming 6340 Westchester Ave, Houston, TX 77005 as their main residence where they have resided since 2008 or the former Gentle home at 3409 Overbrook Ln Houston, TX 77027 they purchased for $10 on Jul 31, 2023 for tax purposes? @IRSnews @DeloitteUS @KPMG_US pic.twitter.com/d3eSNMgiqd
— lawsinusa (@lawsinusa) October 9, 2023
3409 Overbrook Ln Houston, TX 77027
Andrea Gentle Currently Suspended by State Bar (Admin e.g. fees not paid or...)
Andrea Gentle LI (lawyer)
Matt Gentle LI (he's also a Realtor)
6340 WESTCHESTER AVE HOUSTON TX 77005
Paris and Natasha have lived at their current home since 2008 where they hold a $1M note with Wells Fargo.
Natasha Theofanidis SBOT
Paris Theofanidis (Partner at Paul Hastings)
Paris Theofanidis (SBOT)
Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
202349599- 7 Ready Docket |
KEEP ON GOING LLC vs. JACKSON & RYAN ARCHITECTS INC | 8/3/2023 | 055 | Civil | Other Contract | |
202343071- 7 Ready Docket |
JOHNSON, CAREY LYNN vs. KOPRIVA BODY WORKS |
7/12/2023 | 125 | Civil | OTHER CIVIL | |
202341958- 7 Ready Docket |
VIRAGE SPV 1 LLC vs. DANIELS & GENTLE | 7/7/2023 | 055 | Civil | Other Contract | |
202341767- 7 Active – Civil |
AHT VENTURES LP vs. GULF OFFSHORE LLC |
7/6/2023 | 164 | Civil | OTHER CIVIL | |
202335339- 7 Ready Docket |
CHOPRA, LUCKY vs. CHUBB LLOYDS INSURANCE COMPANY OF TEXAS | 6/7/2023 | 215 | Civil | Insurance | |
202310348- 7 Bankruptcy |
SUMMER ENERGY LLC vs. HARTMAN SHORT TERM INCOME PROPERTIES XX INC |
2/16/2023 | 295 | Civil | OTHER CIVIL | |
202245898- 7 Disposed (Final) |
RODRIGUEZ, LESLIE vs. SEPULVADA, MARK | 7/29/2022 | 270 | Civil | OTHER CIVIL | |
202214619- 7 Active – Civil |
CONTRERAS, EDGAR SANDOVAL vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/10/2022 | 190 | Civil | Other Injury or Damage | |
202214623- 7 Active – Civil |
SILVA, GLORIA vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/10/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214718- 7 Active – Civil |
GONZALEZ, ALEJANDRO vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/10/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214719- 7 Active – Civil |
GOODING, GILBERT W vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/10/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214963- 7 Disposed (Final) |
MARTINEZ, CARLOS vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/10/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214334- 7 Disposed (Final) |
AGUILERA, MARGARITA vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 295 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214375- 7 Disposed (Final) |
ALEJANDRE, EMPERATRIZ vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214379- 7 Active – Civil |
CANTU, MARTIN vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214381- 7 Active – Civil |
CAMPBELL, ADOLPH vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214384- 7 Active – Civil |
CARD, SUSAN vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214405- 7 Disposed (Final) |
CARRIZALES, DOMINGO vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214410- 7 Disposed (Final) |
AGUIRRE, IDALIA vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214413- 7 Disposed (Final) |
BAKER, LINDA vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214434- 7 Disposed (Final) |
CASTILLO, ALEJANDRO vs. ENTERPRISE PRODUCTS PARTNERS, LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214436- 7 Active – Civil |
CAVITT, SHELTON vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214440- 7 Disposed (Final) |
CARROLL, SANDRA vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214442- 7 Ready Docket |
CHAPA, JOSE vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 055 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214445- 7 Active – Civil |
BARKER, DONNA vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214446- 7 Active – Civil |
DANIEL, KAREN vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | Other Injury or Damage | |
202214449- 7 Active – Civil |
CLAY, DORA vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | OTHER CIVIL | |
202214451- 7 Disposed (Final) |
BLANCO, IRAM vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214454- 7 Active – Civil |
BRADLEY, FRANK vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214456- 7 Disposed (Final) |
BROWN, DEITRA vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214457- 7 Disposed (Final) |
DANIELS, LAKISHA vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214460- 7 Active – Civil |
COLLINS, KATRINA vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | OTHER CIVIL | |
202214461- 7 Disposed (Final) |
BRYANT, ANDREA vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214463- 7 Disposed (Final) |
COLMENERO, GERARDO vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214465- 7 Active – Civil |
CHEEK, ROBERTA vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | Other Injury or Damage | |
202214467- 7 Disposed (Final) |
COOK, DEBRA vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214469- 7 Active – Civil |
ESTRADA, ANTONIO vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214470- 7 Disposed (Final) |
FLORED, MARGARITA vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214471- 7 Active – Civil |
CORTINAS, FRANK vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214472- 7 Disposed (Final) |
ELIZALDE, ANDREA vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214477- 7 Active – Civil |
CUELLAR, NANCY vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214487- 7 Disposed (Final) |
ESPITIA, LUIS vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214495- 7 Active – Civil |
DEJEAN, DEMETRIUS vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214509- 7 Active – Civil |
FLORES, CARLOS vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214517- 7 Disposed (Final) |
DELEON, DANIELA A vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214538- 7 Active – Civil |
DELGADO, JUAN U vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214563- 7 Active – Civil |
DRIVER, PATRICIA vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | Other Injury or Damage | |
202214590- 7 Disposed (Final) |
FUENTES-DIAZ, JONATAN vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214592- 7 Disposed (Final) |
GALLEGOS, BERNARDO vs. ENTERPRISE PRODUCTS PARTNERS LP | 3/9/2022 | 190 | Civil | MDL – INRE CHANNELVIEW FLOODING LIT | |
202214596- 7 Active – Civil |
FLORES, RAMON vs. ENTERPRISE PRODUCTS PARTNERS LP |
3/9/2022 | 190 | Civil | Other Injury or Damage | |
202206676- 7 Disposed (Final) |
ENGIE RESOURCES LLC (FORMERLY KNOWN AS GDF SUEZ ENERGY RESOURCES NA) vs. SMITH, JIM R (D/B/A JIM R SMITH & CO) | 2/2/2022 | 152 | Civil | Debt / Contract – Debt / Contract | |
202205375- 7 Disposed (Final) |
INTERSTATE RESTORATION LLC (WHICH NOW OPERATES AS vs. BROOKDALE SENIOR LIVING INC |
1/27/2022 | 165 | Civil | Debt / Contract – Other | |
202179814- 7 Hold For Judgment |
GUPTA, RAJNEESH vs. ETTMA INC | 12/8/2021 | 270 | Civil | Other Contract | |
202176540- 7 Disposed (Final) |
RIVER OAKS HOSPITAL & CLINICS LLC vs. CC&D LLC (D/B/A CONSTRUCTION CONCEPTS & DESIGN) |
11/22/2021 | 061 | Civil | Other Property | |
202176583- 7 Disposed (Final) |
DAMIANO, ANTHONY vs. ETTMA INC | 11/22/2021 | 011 | Civil | Debt / Contract – Fraud / Misrepresentation | |
202176167- 7 Ready Docket |
THE STATE OF TEXAS vs. MULTIVIR INC |
11/19/2021 | 157 | Civil | Other Contract | |
202175783- 7 Ready Docket |
ENGIE RESOURCES LLC (FORMERLY KNOWN AS GDF SUEZ ENERGY RESOURCES NA vs. HARTMAN INCOME REIT MANAGEMENT INC | 11/18/2021 | 152 | Civil | Debt / Contract – Debt / Contract | |
202163378- 7 Disposed (Final) |
RICHARDSON, HERBERT B vs. MOUER, MATTHEW J |
9/29/2021 | 055 | Civil | Other Property | |
202149112- 7 Disposed (Final) |
HARRISON TECHNOLOGIES LLC (DBA ALL-PRO TECHNOLOGIES) vs. ADMIRAL SECURITY SERVICES INC (DBA ADM SECURITY SOLUTIONS) | 8/10/2021 | 269 | Civil | Other Contract | |
202142439- 7 Ready Docket |
RD HERITAGE GROUP LLC vs. LOLA ENERGY II LLC |
7/14/2021 | 080 | Civil | Other Contract | |
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SUMMER ENERGY LLC vs. HARTMAN INCOME REIT MANAGEMENT | 5/26/2021 | 295 | Civil | Debt / Contract – Debt / Contract | |
202129770- 7 Disposed (Final) |
CHANDLER, JOE vs. LEBLANC, SARA |
5/18/2021 | 164 | Civil | OTHER CIVIL | |
202120277- 7 ReInstated |
DESTINO ENERGY LLC vs. LRH ENERGY CAPITAL LLC | 4/6/2021 | 215 | Civil | Debt / Contract – Fraud / Misrepresentation | |
202078117- 7 Disposed (Final) |
WEATHERFORD INTERNATIONAL LTD vs. STARR INDEMNITY INSURANCE COMPANY |
12/7/2020 | 151 | Civil | OTHER CIVIL | |
202058154- 7 Disposed (Final) |
ACCUFLEET INTERNATIONAL INC vs. ABC AEROLINEAS S A DE C V (D/B/A AEROLINEAS INTERJET) | 9/18/2020 | 055 | Civil | Debt / Contract – Other | |
202042093- 7 Case On Appeal – Civil |
LISS, BRANDY L. INDEPENDENT EXECUTOR OF THE ESTATE vs. CUSHMAN & WAKEFIELD OF TEXAS INC |
7/15/2020 | 333 | Civil | Other Contract | |
202030094- 7 Disposed (Final) |
ALL-PRO TECHNOLOGIES INC vs. GERTNER, SCOTT (INDIVIDUALLY AND D/B/A SCOTT GERTN | 5/18/2020 | 189 | Civil | Debt / Contract – Other | |
202019743- 7 Disposed (Final) |
BIRCH BUILDERS LLC vs. PRUITT, MICHAEL H |
3/27/2020 | 334 | Civil | OTHER CIVIL | |
202017889- 7 Disposed (Final) |
JUSTICE, TYE vs. SCOTT, MIKE (INDIVIDUALLY AND DOING BUSINESS AS OUTDOOR SOLUTIONS) | 3/17/2020 | 295 | Civil | Other Contract | |
202007612- 7 Disposed (Final) |
GOGNAT, BETTY S vs. COWAN, GREGORY B |
2/3/2020 | 270 | Civil | Quiet Title | |
201874431- 7 Disposed (Final) |
PERDIDO PROPERTIES LLC vs. OXY USA INC | 10/15/2018 | 133 | Civil | Debt / Contract – Debt / Contract | |
201854185- 7 Disposed (Final) |
BRIARGROVE PROPERTY OWNERS INC vs. GERRY, JENNIFER H |
8/13/2018 | 061 | Civil | Other Property | |
201851651- 7 Disposed (Final) |
CRONAN, STEVEN J vs. PYLE, DAVID W | 8/3/2018 | 270 | Civil | Partnership | |
201840989- 7 Disposed (Final) |
TEXAS WATER TRANSFER LLC vs. COOPER RESOURCES LLC |
6/20/2018 | 152 | Civil | Debt / Contract – Fraud / Misrepresentation | |
201833554- 7 Disposed (Final) |
LAMESA PROPERTIES LIMITED vs. KISSUE LLC (ALSO KNOWN AS BEING THE SAME ENTITY AS | 5/18/2018 | 234 | Civil | Debt / Contract – Debt / Contract | |
201824605- 7 Disposed (Final) |
COLLINS, MARK B vs. HASSON, THEODORE |
4/12/2018 | 295 | Civil | OTHER CIVIL | |
201813880- 7 Disposed (Final) |
LANDING COUNCIL OF CO-OWNERS vs. CO-OWNERS OF THE LANDING ET AL | 2/28/2018 | 151 | Civil | PARTITION | |
201801356- 7 Disposed (Final) |
MINERAL TRADERS LLC vs. AMERICAN PATRIOT LOST LAKE LLC |
1/8/2018 | 189 | Civil | Quiet Title | |
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LINDSLEY, TODD (INDIVIDUALLY AND IN THE RIGHT OF NAPPCO FASTENER vs. WILEY, BRANDON | 8/14/2017 | 164 | Civil | OTHER CIVIL | |
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SMIRNOVA, OLGA B (TRUSTEE OF THE GLS 401(K) PROFIT vs. CLAYTON, J JOSH |
6/12/2017 | 281 | Civil | OTHER CIVIL | |
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JINDAL SAW USA LLC vs. LANDCO ENTERPRISES INC | 1/13/2017 | 061 | Civil | Debt / Contract – Debt / Contract | |
201650071- 7 Disposed (Final) |
ICON BANK OF TEXAS N A vs. RICHARDSON, HERBERT B |
7/28/2016 | 113 | Civil | OTHER CIVIL | |
201635096- 7 Disposed (Final) |
LAWYER, LARRY vs. PRECISION ADDITIVES INC | 5/27/2016 | 055 | Civil | Debt / Contract – Debt / Contract | |
201617663- 7 Disposed (Final) |
TILLSON INDUSTRIAL MECHANICS LLC vs. CANNON INDUSTRIAL SERVICES LLC |
3/18/2016 | 334 | Civil | Debt / Contract – Debt / Contract | |
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WARE, GERTIE JOE vs. UNITED CONTINENTAL HOLDINGS INC | 12/7/2015 | 125 | Civil | Other Injury or Damage | |
201569773- 7 Disposed (Final) |
FELDMAN & FELDMAN P C vs. CLAUDE JONES COMPANY LLC |
11/20/2015 | 127 | Civil | Debt / Contract – Debt / Contract | |
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SILVA, MARIBEL vs. ACS FLOORING GROUP INC | 11/12/2015 | 333 | Civil | Other Injury or Damage | |
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ABERCROMBIE, ROBERT H vs. SONIC MOMENTUM B LP (DBA MOMENTUM BMW) |
10/7/2015 | 281 | Civil | Debt / Contract – Debt / Contract | |
201537801- 7 Disposed (Final) |
TEXAS ABERCROMBIE FAMILY INTEREST LTD vs. CHICAGO TITLE INSURANCE COMPANY | 6/30/2015 | 152 | Civil | Debt / Contract – Consumer / DTPA | |
201516851- 7 Disposed (Final) |
CITY OF HOUSTON vs. GRANT, MELVIN LEE JR |
3/23/2015 | 189 | Civil | Tax Delinquency | |
201515071- 7 Disposed (Final) |
SMIRNOVA, OLGA B (TRUSTEE OF THE GLS 401 vs. COLLETT, CHARLES T (TRUSTEE OF THE CHARL | 3/16/2015 | 080 | Civil | Debt / Contract – Fraud / Misrepresentation | |
201506750- 7 Disposed (Final) |
SHIELDS, ARNOLD vs. COMMERCIAL STATE BANK |
2/6/2015 | 129 | Civil | Other Injury or Damage | |
201501648- 7 Disposed (Final) |
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BREAKING NEWS FAVORS WALL ST REIT
Judge Grants Temporary Sealing Order while Permanent Rule 76a Hearing Pending… confirms she’s been violating Rule 76a for years, along with all her fellow judges as LIT has highlighted on many occasions. https://t.co/ttuK8gVL9L @SupremeCourt_TX— lawsinusa (@lawsinusa) October 7, 2023
PLEASE TAKE NOTICE that Hartman SPE LLC filed for Chapter 11 Bankruptcy on September 13, 2023.
The case is In re Hartman SPE LLC, case number 1:23-bk-11452, in the U.S. Bankruptcy Court for the District of Delaware.
Further proceedings involving Hartman SPE LLC are stayed pursuant to the provisions of 11 U.S.C. 363, 1201 and 1301.
Respectfully submitted,
DANIELS & TREDENNICK, PLLC
By: /s/ J. Christopher Diamond
Douglas A. Daniels
DEFENDANTS’ UNOPPOSED1 MOTION TO TRANSFER TO PROPER DISTRICT COURT
This case was assigned to the incorrect district court.
Pursuant to Rules of the Civil Trial Division, Harris County District Courts, Rule 3.2.2, Defendants request this matter be referred to the Administrative Judge of the Civil Trial Division.
FACTUAL BACKGROUND
There is already a judgment on appeal on the same matters in the above-styled lawsuit.
1 Plaintiff is unopposed to the transfer itself but does not agree with the basis for the transfer as set out in this Motion. See Certificate of Conference.
Summer is scrambling. In Cause No. 2021-31657, Summer Energy, LLC v. Hartman Income REIT Management in the 295th Judicial District Court of Harris County, Texas (“the 2021 Lawsuit”), Summer only sued the management company – Hartman Income REIT Management. Summer did not sue the entities that owned the various buildings managed by Hartman Income REIT Management. In a desperate attempt to now involve those entities, Summer has filed a second lawsuit – the above-styled lawsuit, on the exact same transaction that involves twelve (12) different Hartman entities.
MOTION
If Summer were to succeed in this lawsuit, it would have 2 judgments for the exact same electricity billing for the exact same buildings.
At issue is Cause No. 2021-31657, Summer Energy, LLC v. Hartman Income REIT Management in the 295th Judicial District Court of Harris County, Texas (“the 2021 Lawsuit”). A final judgment for the Plaintiff was entered by that court on March 24, 2022. See attached Exhibit
1. The subject matter of that case is essentially the same as the above-styled case – electricity billing for the exact same billing period and for the exact same buildings in February 2021 (Winter Storm Uri). See Exhibit 2 compared to Exhibit 3. The 2021 Lawsuit is currently on appeal.
In this second lawsuit, Summer attempts to spin it as based on “undisclosed” relationships between the management company (the only Defendant in the 2021 lawsuit) and the new Defendants in the instant lawsuit. However, these relationships could and should have been discovered during basic, fundamental discovery in the 2021 Lawsuit. Basic discovery in such a case is routinely aimed at making sure the correct parties are being sued. Summer did not do that in the 2021 Lawsuit and is attempting to clean up its mess while an appeal is pending on the exact same electricity billing for the exact same buildings.
Pursuant to the Rules of the Civil Trial Division, Harris County District Courts, Rule 3.2.1, this case is a “claim for relief based upon a prior judgment.” Under Rule 3.2.1, this case shall be assigned to the court of original jurisdiction. The claim for relief in the above-styled lawsuit is the exact same claim for relief in the 2021 Lawsuit. This is clear on the face of the pleadings in both cases.
Defendants request this matter be transferred to the 295th Judicial District Court of Harris
County, Texas pursuant to Local Rule 3.2.1. The Plaintiff agrees with this relief.
PRAYER
For the foregoing reasons, Defendants respectfully requests this case be transferred to the 295th Judicial District Court of Harris County, Texas, and for any other relief to which it may be justly entitled.
Respectfully submitted,
DANIELS & TREDENNICK, PLLC
By: /s/ J. Christopher Diamond
Douglas A. Daniels
Texas State Bar No. 00793579
doug.daniels@dtlawyers.com
J. Christopher Diamond
Texas State Bar No. 00792459
chris@dtlawyers.com
Sabrina R. Tour
Texas State Bar No. 24093271
sabrina@dtlawyers.com
6363 Woodway Dr., Suite 700
Houston, TX 77057-1759
(713) 917-0024 Telephone
(713) 917-0026 Facsimile
COUNSEL FOR DEFENDANTS
DOCKET CONTROL ORDER
On Tuesday, February 21, 2023 at 10:50 AM, at 2909 HILLCROFT SUITE 420, HOUSTON,
HARRIS COUNTY, TX 77057, I went to the address; I spoke to Attorney MICHAEL RACUSIN, who
told me Mr. ALLEN R HARTMAN no longer offices or comes by this office, and they can not accept
the documents, as only he can accept them
HERE’S AN EXAMPLE OF HARRIS COUNTY DISTRICT JUDGE VIOLATIN’ RULE 76A IN RELATED CASE
Fmr Creditor Rights Attorney Now a State District Judge Allows Wall St Exec. to Seal Whitestone REIT Complaint https://t.co/z1MF7Uiv5P
So LIT expanded our article to include the “family office”.— lawsinusa (@lawsinusa) October 7, 2023
202304347
SIGNMART LTD (D/B/A FASTSIGNS) vs. HARTMAN INCOME REIT INC
(Court 080, JUDGE JERALYNN MANOR)
JAN 23, 2023 | REPUBLISHED BY LIT: JAN 23, 2023
Engaging in debt collection without filing a bond with the secretary of state is a violation of Chapter 392 and may also be a criminal offense. Tex. Fin. Code § 392.402. The attorney general or a district or county attorney may investigate an alleged violation of Chapter 392.
Plaintiff’s Notice of Voluntary Non-suit With Prejudice
Pappa’s in da house – ORDER SIGNED SUBSTITUTING ATTORNEY OF RECORD
DOCKET CONTROL ORDER
DEFENDANT HARTMAN INCOME REIT, INC., HARTMAN INCOME REIT MANAGEMENT, INC., AND HARTMAN INCOME REIT MANAGEMENT, L.L.C.’S ORIGINAL ANSWER
Al Hartman is the Executive Chairman of Hartman Short Term Income Properties XX, Inc. and the founder of Hartman Income REIT Management, Inc., established in 1983. As of 2022, the firm employs approximately 200 employees and managed more than 60 properties, comprising over eight million square feet, in Texas.
In 1978, Al Hartman (Allen R. Hartman) started his career selling home improvement services to residential owners. By 1983, Hartman developed a proprietary value-oriented investment strategy, which formed the foundation of the “Hartman Advantage.” Through the late 1980s and early 1990s, he purchased approximately 20 foreclosures. Today, those assets are stable and generating significant cash flow.
From 1983-2022, Hartman led the firm to sponsor 25 investment programs and manage nearly $800 million in assets. Over his 36 year tenure, Al Hartman refined his value-oriented investment strategy and led a team of executives to deliver value to nearly 6,000 investors.
Today, Al Hartman serves the company as Executive Chairman, a strategic advisor role to current CEO Mark Torok and the board of directors for Hartman Short Term Income Properties XX, Inc.
Al Hartman is a member of the ‘C’ club, Houston Breakfast Club, ADISSA-REIT Organization, REISA-REIT Organization, C-12, and Vision America. He supports various faith-based organizations and serves as a Deacon at Second Baptist Church in Houston, Texas. He also serves on the board of the Houston Area Pastors Council, The Great Awakening Project and The Elijah Challenge Ministry.
Michael Racusin joined Hartman in 2021 as General Counsel and Corporate Secretary. Mr. Racusin has more than 15 years of corporate legal experience and has a diverse background in legal and risk management, capital raising, and counseling on negotiations, contracts, and core business operations.
Before joining Hartman, Mr. Racusin held the position of General Counsel and Corporate Secretary at Luby’s, Inc. (NYSE:LUB), a publicly traded restaurant and foodservice company. In his role, Racusin led the legal and risk management departments, provided material management and support for acquisitions and divestitures, and counseled the Board of Directors. In addition, Racusin co-founded the world’s first and leading crowdfunding platform for oil, gas, and energy investments at EnergyFunders, where he led the company to a successful exit in June of 2020.
During Racusin’s time at Luby’s, he supported the $63 million acquisition of Fuddruckers, $11 million acquisition of the Cheeseburger in Paradise brand, debt financing that included an $80 million secured credit facility, and numerous real estate transactions.
Mr. Racusin earned his Doctor of Jurisprudence from The University of Houston Law Center. He is a Texas State Bar Member, holds his United States Federal Court license, and was awarded a Top 50 General Counsel award from The National Diversity Council.
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202278816
ASTRO TECH SERVICES LLC vs. HARTMAN INCOME REIT MANAGEMENT INC
(Court 113, JUDGE RABEEA COLLIER)
DEC 5, 2022 | REPUBLISHED BY LIT: JAN 24, 2023
Section 392.101 of the Texas Finance Code prohibits a third-party debt collector or credit bureau from engaging in debt collection in Texas unless the third-party debt collector or credit bureau has obtained a surety bond and filed a copy of the bond with the Office of the Secretary of State.
Pappa’s in da house – ORDER SIGNED SUBSTITUTING ATTORNEY OF RECORD
DOCKET CONTROL ORDER
Defendant’s Hartman Income REIT Management, Inc.’s Original Answer
Janina Wojtkowski is an Associate Attorney with Waldron & Schneider. Originally from Chicago, Illinois, Ms. Wojtkowski has called Houston her home since childhood.
She also spent three years living abroad in Poland and studying art history in Italy. She graduated summa cum laude with a Bachelor of Arts in history from the University of St. Thomas in Houston, and she received her Juris Doctorate from the University of Houston Law Center in May of 2020.
While at the Law Center, Ms. Wojtkowski was mentored in international commercial arbitration and competed on the Willem C. Vis Moot team. Ms. Wojtkowski interned with the United States Attorney’s Office for the Southern District of Texas and the Galveston County District Attorney’s Office.
Ms. Wojtkowski’s current work focuses on commercial and construction litigation and resolving individualized disputes for Waldron & Schneider’s business clients, ranging from collection matters and contract disputes to copyright issues.
Ms. Wojtkowski also devotes her time to real estate and business transactions such as commercial leases, residential sales, buy/sell agreements, and asset purchase agreements.
Before studying law, Ms. Wojtkowski taught ballet and other forms of dance, which she still enjoys teaching once a week. She was also a certified personal trainer.
janina@ws-law.com
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