Smith v. Hittner
(4:21-cv-03079)
District Court, S.D. Texas
DEC 2, 2021 | REPUBLISHED BY LIT: DEC 2, 2021
LIT previously reviewed Mr Smith’s appeal to the Fifth Circuit and tracked back to the lower court, in this case the infamous S.D. Tex., Houston Div’n. You can read more about our article here.
We’ll be tracking this latest case by Smith against Hittner, et al which is/was set for VIDEO CONFERENCE on Dec. 17, 2021.
DEFENDANT’S OPPOSED MOTION FOR A CONTINUANCE OF THE JOINT DISCOVERY/CASE MANAGEMENT PLAN AND THE INITIAL PRETRIAL AND SCHEDULING CONFERENCE, AND ALL OTHER DEADLINES PURSUANT TO FED. R. CIV. P. 26(f)
The United States, through the undersigned Assistant United States Attorney (AUSA), respectfully moves for a continuance of the filing of a Joint Discovery/Case Management Plan, the Initial Pretrial and Scheduling Conference scheduled for December 17, 2021, and all other deadlines.
BACKGROUND
1. Plaintiff, a pro se litigant, was a party (mortgagee) in a residential foreclosure case. On or about May 24, 2019, Plaintiff filed a lawsuit, Civil Action No. H-19-1888 (USDC No. 4:19-cv-1888), against MTGLQ Investors, LP (hereinafter MTGLQ).
In that case, MTGLQ filed a motion to dismiss on July 25, 2019, for failure to state a claim. On August 23, 2019, Judge Hittner, Defendant here, granted MTGLQ’s motion to dismiss.1
Thereafter, Plaintiff appealed Judge Hittner’s decision on September 17, 2019 and the Appellate Court affirmed on August 17, 2021.
1 Exhibit 1 (order-doc 29)
#JustSayNo to civil servants of the government receiving protection normally assigned to @POTUS
Watch the video, made for the purpose of public interest as congress aligns with ochlocracy.@SenatorDurbin @ewarren @uscourts @WSJopinion @ReutersLegal @netflix @IMDb #SCOTUS pic.twitter.com/8RLKSaGvhM
— LawsInTexas (@lawsintexasusa) December 2, 2021
As a result, Plaintiff filed the instant suit against Judge David Hittner on September 17, 2021 alleging violation of Civil Rights for alleged acts committed within Defendant’s judicial jurisdiction.
2. Defendant, Judge David Hittner, is assigned an AUSA from the Department of Justice to represent him in this case. The AUSA assigned to represent Judge David Hittner is Alexander N. DerGarabedian.
However, this representation must be officially authorized and approved by Main Justice in Washington D.C. Main Justice has not yet been able to provide this approval and authorization.
As a result, AUSA DerGarabedian cannot make an appearance in this matter nor can he confer on the joint discovery case management plan, or any issue in this case, with the pro se plaintiff, Wayne Smith until approval from Main Justice is received.
REQUEST FOR RELIEF
Defendant requests that the Court continue the filing of the Joint Discovery/Case Management Plan, the Initial Pretrial and Scheduling Conference, and all other deadlilnes for 60 days as it will not prejudice any party of this case.
Based on the foregoing, the United States requests that the Court grant this motion and enter an order continuing the filing of the Joint Discovery/Case Management Plan, the Initial Pretrial and Scheduling Conference and all other deadlines for at least 60 days from the date of this motion.
Indymac “Liar Loans” An audit found 87% fraudulent. Federal Courts are protecting OneWest and Wall St Banks by attempting to steal the elder Burkes Home.
LIT ain’t about to sit back and watch that happen. @FBIHouston @USAO_SDTX @SecretService @wsj @reuters #OperationWhiteout pic.twitter.com/2GbTQs38jW
— LawsInTexas (@lawsintexasusa) November 27, 2021
CERTIFICATE OF CONFERENCE
Counsel for the Defendant is not currently able to confer with Wayne Smith for the above stated reasons and therefore this motion is opposed.
Respectfully submitted,
JENNIFER B. LOWERY
Acting United States Attorney Southern District of Texas
BY: s/ Alexander N. DerGarabedian
ALEXANDER N. DERGARABEDIAN
Assistant United States Attorney New York No. 5103577
1701 W. Bus. Highway 83, Suite 600
McAllen, TX 78501
Telephone: (956) 992-9380
Facsimile: (956) 618-8016
E-mail: Alexander.dergarabedian@usdoj.gov
CERTIFICATE OF SERVICE
I, Alexander N. DerGarabedian, Assistant United States Attorney for the Southern District of Texas, hereby certify that on this 2nd day of December 2021, a copy of the foregoing was served on all parties in accordance with the Federal Rules of Civil Procedure.
By: s/ Alexander N. DerGarabedian
ALEXANDER N. DERGARABEDIAN
Assistant United States Attorney
Sanctioned Lawyer Ray L. Shackelford’s Repeat Frivolous Filings and Perjury Is Fine, Sayeth Courts
Ray Shackelford fails to disclose his relationship with buyer McQueen, the property will not cover the debt due, or his past litigation.
M&R Issued In Smith v. Judge David Hittner and It’s All About Absolute Immunity
The Court RECOMMENDS that Defendant Judge Hittner’s Motion to Dismiss be GRANTED and the case against him be DISMISSED WITH PREJUDICE.
Pro Se Wayne Smith v. Judge David Hittner and MTGLQ Investors before Judge Eskridge
ORDER for Scheduling Conference. Initial Conference set for 12/17/2021 at 09:45 AM by video before Magistrate Judge Sam S Sheldon.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03079
| Smith v. Hittner et al Assigned to: Judge Charles Eskridge
Cause: 42:1983 Civil Rights Act |
Date Filed: 09/17/2021 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Defendant |
| Plaintiff | ||
| Wayne Smith | represented by | Wayne Smith 5723 Painted Trail Drive Houston, TX 77084 713-882-3081 PRO SE |
| V. | ||
| Defendant | ||
| David Hittner | ||
| Defendant | ||
| MTGLQ Investors, LP | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 09/17/2021 | 1 | COMPLAINT against All Defendants (Application to Proceed In Forma Pauperis granted on 9/17/21 by Judge Charles Eskridge) filed by Wayne Smith. (ltien, 4) (Entered: 09/22/2021) |
| 09/22/2021 | 2 | NOTICE to Pro Se Litigant of Case Opening, filed. Party notified. (ltien, 4) (Entered: 09/22/2021) |
| 10/01/2021 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/17/2021 at 09:45 AM in by video before Magistrate Judge Sam S Sheldon. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalezadi, 4) (Entered: 10/01/2021) |
