ONKEN v. Gateway First Bank
(4:22-cv-04267)
District Court, S.D. Texas
DEC 9, 2022 | REPUBLISHED BY LIT: DEC 10, 2022
The Onken’s showin’ as current owners.
The HOA lien can be foreclosed at any time.
On March 10, 2023, Husband passed his 50% of ownership to Wife (part of divorce agreement is LIT’s understanding).
NOTICE OF SETTLEMENT
PLEASE TAKE NOTICE that Defendant Gateway First Bank, successor by conversion to Gateway Mortgage Group, LLC (incorrectly named as “Gateway Mortgage Group, LLC”) (“Gateway”) files this Notice of Settlement and would respectfully show the Court as follows:
- Gateway wishes to notify the Court that the parties have reached settlement on all claims in this matter.
- Gateway respectfully requests that all upcoming hearings and/or deadlines be
- Final dismissal papers will be filed with the Court within the next thirty (30)
Gateway prays that the Court cancel any upcoming hearings, give the Parties thirty (30) days to file final dismissal papers, and for such other further relief to which Gateway may be justly entitled.
[Signatures on following page]
Respectfully submitted,
By: /s/ Gabriella Alonso
Texas Bar No. 24046573
Federal I.D. No. 590511
kowens@bradley.com
1445 Ross Avenue, Suite 3600
Dallas, Texas 75202
(214) 257-9800 Telephone
(214) 939-8787 Telecopier
Gabriella E. Alonso
Texas Bar No. 24113527 Fed. I.D. No. 3427194
galonso@bradley.com
600 Travis Street, Suite 4800
Houston, Texas 77002
(713) 576-0300 Telephone
(713) 576-0301 Telecopier
ATTORNEYS FOR DEFENDANT GATEWAY FIRST BANK
CERTIFICATE OF CONFERENCE
I do hereby certify that I have conferred with counsel for Plaintiff Angela Onken via email who agrees to the above. Therefore, this motion is unopposed.
/s/ Gabriella E. Alonso
CERTIFICATE OF SERVICE
I certify that on this 28th day of December 2022, I electronically filed the foregoing with the Clerk of Court by using the CM/ECF system. I further certify that a true and correct copy of the foregoing has been served on all counsel of record as follows:
Via email: erick.delarue@delaruelaw.com
Erick DeLaRue
Law Office of Erick DeLaRue, PLLC
2800 Post Oak Boulevard,
Suite 4100
Houston, Texas 77056
Attorney for Plaintiff
/s/ Gabriella E. Alonso
Gabriella E. Alonso
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.
Initial Conference set for 4/14/2023 at 03:00 PM in Courtroom 3A Houston before Judge Keith P Ellison.
(Signed by Judge Keith P Ellison) Parties notified.(AkeitaMichael, 4) (Entered: 12/12/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-04267
| Onken v. Gateway First Bank Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 12/09/2022 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/09/2022 | 1 | NOTICE OF REMOVAL from 80th Judicial District Court of Harris County, Texas, case number 2022-77687 (Filing fee $ 402 receipt number ATXSDC-29180729) filed by Gateway First Bank. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Supplement)(Alonso, Gabriella) (Entered: 12/09/2022) |
| 12/12/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/14/2023 at 03:00 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(AkeitaMichael, 4) (Entered: 12/12/2022) |
| 12/16/2022 | 3 | MOTION to Dismiss by Gateway First Bank, filed. Motion Docket Date 1/6/2023. (Attachments: # 1 Proposed Order)(Alonso, Gabriella) (Entered: 12/16/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 12/22/2022 19:18:26 |
202277687
ONKEN, ANGELA vs. GATEWAY MORTGAGE GROUP LLC
NOV 30, 2022 | REPUBLISHED BY LIT: DEC 1, 2022
No Mortgage Documents Submitted or Letters Disputing Debt with Mortgage Servicer
The supporting evidence does not support a TRO, nor does the one page declaration.
Furthermore, there is no mention in the lawsuit by bandit lawyer Erick “DeLaRogue” DeLaRue of the HOA judgment, SIGNED by Judge Manor and where the ink is literally drying on the Order.
LIT predicts, based on past performance, the court will issue the TRO anyways.
LIT avers it’s a frivolous filing as this court and judge also rendered an agreed order of foreclosure in the related HOA case, docketed on September 19, 2022 – signed in agreement by Angela and Joshua Onken. And there’s no satisfaction of the HOA’s judgment.
As we predicted, TRO issued, save the date, hearing on Monday, 12th.
The ex, who’s on the title is Joshua ‘Josh’ Onken. LIT’s investigation leads us to believe he’s an estimator for Eastex Collision Center, a name which cropped up recently in another DeLaRue client case.
| 202183713- 7 Disposed (Final) |
THE COMMONS OF LAKE HOUSTON PROPERTY OWNERS ASSOCIATION INC vs. ONKEN, JOSHUA | 12/29/2021 | 080 | Civil | Foreclosure – Other | |
| 202171481- 7 Disposed (Final) |
VELOCITY INVESTMENTS LLC (ASSIGNEE OF PROSPER FUND vs. ONKEN, JOSHUA C |
10/29/2021 | 080 | Civil | Debt / Contract – Debt / Contract | |
| 202137514- 7 Disposed (Final) |
ONKEN, JOSHUA CRAIG vs. ONKEN, ANGELA MICHELLE | 6/23/2021 | 247 | Family | Divorce with Children | |
| 202115906- 7 Disposed (Final) |
MEDALLION BANK vs. ONKEN, JOSHUA |
3/18/2021 | 157 | Civil | Debt / Contract – Debt / Contract | |
| 202003280- 7 Disposed (Final) |
VELOCITY INVESTMENTS LLC ASSIGNEE OF PROSPER FUNDI vs. ONKEN, JOSHUA C | 1/17/2020 | 157 | Civil | Debt / Contract – Debt / Contract |
US Gov. Cleanup of CCTX Continues: Exposing Legal Bandit Dave Medearis and the Foreclosure Scam Fallout
Bandit lawyer Dave Medearis came knockin’ and presented his petition claimin’ Susan Casias was a felon and he’d pursue justice for victims.
Despicable Opposing Counsel’s Late Late Show Complainin’ About Legal Bandits Raises Skepticism
HWA seeks attorney fees as a sanction and rescission of TRO. However, they have been complicit in allowing the past abuses to go uncontested.
Attorney Erick Joseph Delarue Plays the Arabian Name Game with Equestrian Stacey Mlak
Wells Fargo filed for an expedited foreclosure in July. The default hearing is set for Oct. 15, 2024. Delarue commenced new proceedings.
