Debt Collector

John Kafi and Lawyer Jeff Jackson Snap Removed from State to Federal Court by Lawyer Michael Hord

The property has been noticed at least 15 times for sale at foreclosure auction since 2016. None of these sales actually happened.

Kafi, Inc. v. Fairgate Trust

(4:23-cv-04217)

District Court, S.D. Texas, Judge Lee Rosenthal

NOV 8, 2023 | REPUBLISHED BY LIT: NOV 30, 2023
NOV 30, DEC 12, 27 JAN 3, FEB 6, MAR 27,
JUN 5, 2024

Above is the date LIT Last updated and/or visited this article.

Memorandum and Order (Feb 13, 2024)

ORDER on Extension granting 19 .

By 5/13/2024,

MERS must file its response to plaintiff’s written discovery.


U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-04217

Kafi, Inc. v. Fairgate Trust et al
Assigned to: Judge Lee H Rosenthal

Case in other court:  80th District Court Harris County, 23-76723

Cause: 28:1332 Diversity-(Citizenship)

Date Filed: 11/08/2023
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Kafi, Inc. represented by Jeffrey Craig Jackson
Jeffrey Jackson & Associates, PLLC
2500 E TC Jester Blvd.
Suite 285
Houston, TX 77008
713-861-8833
Fax: 713-682-8866
Email: jeff@jjacksonpllc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Fairgate Trust represented by Michael F Hord , Jr
Hirsch Westheimer PC
1415 Louisiana
36th Floor
Houston, TX 77002-2772
713-220-9182
Fax: 713-223-9319
Email: mhord@hirschwest.com
ATTORNEY TO BE NOTICED
Defendant
Allied Servicing Corporation represented by Michael F Hord , Jr
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Mortgage Electronic Registration Systems, Inc. represented by Damian George Waldman
Attorney at Law
10333 Seminole Blvd
Unit 1 and 2
Seminole, FL 33778
727-538-4160
Fax: 727-240-4972
Email: damian@dwaldmanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
11/08/2023 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number ATXSDC-30782540) filed by Allied Servicing Corporation, Fairgate Trust. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Exhibit C-4, # 8 Exhibit D, # 9 Civil Cover Sheet)(Hord, Michael) (Entered: 11/08/2023)
11/08/2023 2 NOTICE of Appearance by Jeffrey C. Jackson on behalf of Kafi, Inc., filed. (Jackson, Jeffrey) (Entered: 11/08/2023)
11/08/2023 3 NOTICE of Lis Pendens by Kafi, Inc., filed. (Jackson, Jeffrey) (Entered: 11/08/2023)
11/09/2023 4 Request for Issuance of Summons as to Mortgage Electronic Registration Systems, Inc., filed.(Jackson, Jeffrey) (Entered: 11/09/2023)
11/13/2023 5 CERTIFICATE OF INTERESTED PARTIES by Allied Servicing Corporation, Fairgate Trust, filed.(Hord, Michael) (Entered: 11/13/2023)
11/14/2023 6 Summons Issued as to Mortgage Electronic Registration Systems, Inc. Issued summons delivered to plaintiff by NEF, filed. (BrandisIsom, 4) (Entered: 11/14/2023)
11/16/2023 7 RETURN of Service of SUMMONS Executed as to Mortgage Electronic Registration Systems, Inc. served on 11/15/2023, answer due 12/6/2023, filed.(Jackson, Jeffrey) (Entered: 11/16/2023)
12/01/2023 8 ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 1/12/2024 at 11:40 AM by video before Judge Lee H Rosenthal. *The Zoom information can be found on Judge Rosenthal’s home page, at the bottom of the page, in the Interactive calendar.(Signed by Judge Lee H Rosenthal) (Attachments: # 1 Supplement) Parties notified.(LisaEddins, 4) (Entered: 12/01/2023)
12/01/2023 9 ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge Lee H Rosenthal) Parties notified.(LisaEddins, 4) (Entered: 12/01/2023)
12/05/2023 10 NOTICE of Appearance by Damian G. Waldman on behalf of Mortgage Electronic Registration Systems, Inc., filed. (Waldman, Damian) (Entered: 12/05/2023)
12/05/2023 11 MOTION for Extension of Time To File Answer and Affirmative Defenses by Mortgage Electronic Registration Systems, Inc., filed. Motion Docket Date 12/26/2023. (Waldman, Damian) (Entered: 12/05/2023)
12/18/2023 12 CERTIFICATE OF INTERESTED PARTIES by Kafi, Inc., filed.(Jackson, Jeffrey) (Entered: 12/18/2023)
12/28/2023 13 MOTION to Dismiss Plaintiff’s Original Petition and Application for Ex-Parte Temporary Restraining Order and Temporary Injunction by Mortgage Electronic Registration Systems, Inc., filed. Motion Docket Date 1/18/2024. (Waldman, Damian) (Entered: 12/28/2023)
01/11/2024 14 NOTICE of Resetting. Parties notified. Initial Conference set for 2/9/2024 at 11:30 AM by Zoom before Judge Lee H Rosenthal, filed. *The Zoom information can be located on Judge Rosenthals home page, at the bottom of the page, in the Interactive calendar link. The reset is based on additional time needed to fully brief the motion to dismiss. (LisaEddins, 4) Modified on 1/11/2024 (LisaEddins, 4). (Entered: 01/11/2024)
01/19/2024 15 RESPONSE to 13 MOTION to Dismiss Plaintiff’s Original Petition and Application for Ex-Parte Temporary Restraining Order and Temporary Injunction filed by Kafi, Inc.. (Jackson, Jeffrey) (Entered: 01/19/2024)
02/09/2024 16 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on 2/9/2024. The motion to dismiss is taken under advisement. (Docket Entry No. 13). Appearances: Jeffrey Jackson, Michael Hord, Jr., Damian Waldman. (Court Reporter: L. Smith) (GlendaHassan, 4) (Entered: 02/12/2024)
02/13/2024 17 MEMORANDUM AND ORDER. For the reasons stated in the memorandum and order, the motion to dismiss filed by MERS is denied 13 . (Signed by Judge Lee H Rosenthal) Parties notified.(GlendaHassan, 4) (Entered: 02/13/2024)
04/15/2024 18 ANSWER to 1 State Court Petition/Notice of Removal by Mortgage Electronic Registration Systems, Inc., filed. (Waldman, Damian) (Entered: 04/15/2024)
04/26/2024 19 First MOTION for Extension of Time To Respond to Plaintiff’s First Set of Written Discovery Requests by Mortgage Electronic Registration Systems, Inc., filed. Motion Docket Date 5/17/2024. (Waldman, Damian) (Entered: 04/26/2024)
04/29/2024 20 ORDER on Extension granting 19 . By 5/13/2024, MERS must file its response to plaintiff’s written discovery. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 04/29/2024)

 

PACER Service Center
Transaction Receipt
06/05/2024 15:09:16

 

Response to Motion

Dismiss

Extension of Time

202376723 –

KAFI INC vs. FAIRGATE TRUST

 (Court 080, JUDGE MANOR)

NOV 2, 2023 | REPUBLISHED BY LIT: NOV 30, 2023

Removed to federal court by Michael Hord.

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John Kafi and Lawyer Jeff Jackson Snap Removed from State to Federal Court by Lawyer Michael Hord
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