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LIT’s Foreclosure Tracker is Now Following ‘Vanie’ Before Judge Eskridge, S.D. Tex., Houston

Vanie’s modest home is under threat of a writ of possession and she’s strugglin’ to defend the federal court action as a pro se.

Patel v. Houston

(4:21-cv-01838)

District Court, S.D. Texas

JUN 7, 2021 | REPUBLISHED BY LIT: SEP 20, 2021

MINUTE ENTRY ORDER:

The Court conducted the initial conference on August 26, 2021. Defendant is pro se but attempted to have her Attorney-Agent, Gunny Thompson appear on her behalf. The Court instructed Defendant she can only be represented by a licensed attorney admitted to practice in the Southern District of Texas.

The Court admonished Defendant to timely file a response to Plaintiff’s motion to remand (Dkt. No. 6). Defendant acknowledged the Court’s admonishment. Defendant has now filed a one-sentence Emergency Motion (Dkt. No. 15) asserting that: Due to unforseen event occuring to disrupt the active pursuit of Houston claim, a thirty-day stay is requested to present a positive defense. Defendant provided no further explanation.

Defendant’s motion is GRANTED IN PART and DENIED IN PART. It is ORDERED that Defendant shall have until September 28, 2021 to file a response to Plaintiff’s motion to remand (Dkt. No. 6). NO FURTHER EXTENSIONS SHALL BE GRANTED.

(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Main Document 16 replaced on 9/7/2021) (sjones, 4). (Entered: 09/07/2021)

 LIT is tracking the case. Please bookmark for further updates as the lawsuit develops. We’ll be updating this article accordingly.

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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-01838

Patel v. Houston
Assigned to: Judge Charles Eskridge
Referred to: Magistrate Judge Sam S Sheldon

Case in other court:  Justice of the Peace Court, Precinct 1, Place 2, 211200116942

Cause: 28:1441 Notice of Removal

Date Filed: 06/07/2021
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Federal Question
Plaintiff
Mahesh Patel represented by John Vincent Burger
Burger Law Firm
4151 Southwest Frwy
Ste 680
Houston, TX 77027
713-960-9696
Fax: 713-961-4403
Email: burgerlawfirm@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDKeith Allen Wolfshohl
Barry & Sewart, PLLC
4151 Southwest Freeway
Suite 680
Houston, TX 77027
713-722-0281
Fax: 713-722-9786
Email: keithw@barryandsewart.com
ATTORNEY TO BE NOTICED
V.
Defendant
Vanie D Houston represented by Vanie D Houston
1319 Wichman St
Houston, TX 77002
713-880-8357
PRO SE

 

Date Filed # Docket Text
06/07/2021 1 NOTICE OF REMOVAL from Justice of Peace, Precinct 1, Pl 2, case number 211200116942 ( Filing fee $ 402) filed by Vanie D Houston.(thanniable, 4) (Entered: 06/07/2021)
07/07/2021 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/17/2021 at 10:45 AM in by video before Magistrate Judge Sam S Sheldon. (Signed by Judge Charles Eskridge) Parties notified.(ClaudiaGutierrezadi, 4) (Entered: 07/07/2021)
07/07/2021 3 SCHEDULING AND DOCKET CONTROL ORDER. Amended Pleadings due by 10/19/2021. Joinder of Parties due by 9/16/2021 Pltf Expert Witness List due by 4/19/2022. Pltf Expert Report due by 4/19/2022. Deft Expert Witness List due by 5/19/2022. Deft Expert Report due by 5/19/2022. Discovery due by 7/6/2022. Mediation due by 9/20/2022. Dispositive Motion Filing due by 8/5/2022. Non-Dispositive Motion Filing due by 8/5/2022. Joint Pretrial Order due by 10/20/2022. Docket Call set for 11/21/2022 at 09:30 AM in Courtroom 8B before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(jguajardo, 4) (Entered: 07/07/2021)
07/07/2021 4 ORDER REFERRING CASE to Magistrate Judge Sam S Sheldon(Signed by Judge Charles Eskridge) Parties notified.(jguajardo, 4) (Entered: 07/07/2021)
08/16/2021 5 NOTICE of Appearance by John V. Burger on behalf of Mahesh Patel, filed. (Wolfshohl, Keith) (Entered: 08/16/2021)
08/17/2021 6 MOTION to Remand by Mahesh Patel, filed. Motion Docket Date 9/7/2021. (Attachments: # 1 Proposed Order)(Burger, John) (Entered: 08/17/2021)
08/17/2021 8 MOTION for a 30 day stay of proceedings by Vanie D Houston, filed. Motion Docket Date 9/7/2021. (ckrus, 4) (Entered: 08/18/2021)
08/17/2021 9 INITIAL DISCLOSURES by Vanie D Houston, filed.(ckrus, 4) (Entered: 08/18/2021)
08/17/2021 10 NOTICE of Appearance by Attorney-Agent Gunny Thompson on behalf of Vanie D Houston, filed. (ckrus, 4) (Entered: 08/18/2021)
08/18/2021 7 ORDER: On July 7, 2021, Judge Eskridge issued an Order setting the Initial Conference at 10:45 a.m. on August 17, 2021. (Dkt. No. 2.) He further ordered the parties: At least 14 days before the initial pretrial conference, counsel and all parties appearing pro se must complete and file the Joint Discovery/Case Management Plan using the form attached to the Court’s procedures. See FRCP 26(f). (Id. at 2.) The parties have failed to comply with this order. The parties are ORDERED to immediately submit a Joint/Discovery/Case Management Plan. It is further ORDERED that the Initial Conference set for 10:15 a.m. on August 18, 2021 is continued to 9:00 a.m. on August 26, 2021 by Zoom. (Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 08/18/2021)
08/18/2021 11 INITIAL DISCLOSURES by Mahesh Patel, filed.(Burger, John) (Entered: 08/18/2021)
08/19/2021 12 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Mahesh Patel, filed. (Attachments: # 1 Supplement PLAINTIFFS STATEMENT REGARDING COMPLAINCE WITH COURTS ORDER TO PREPARE DISCOVERY CONTROL PLAN WITH DEFENDANT)(Burger, John) (Entered: 08/19/2021)
08/26/2021 13 CORRECTIVE MINUTE ENTRY: The Court conducted the initial conference. Defendant is pro se but attempted to have her Attorney-Agent, Gunny Thompson appear on her behalf. The Court instructed Defendant she can only be represented by a licensed attorney admitted to practice in the Southern District of Texas. The Court admonished Defendant to timely file a response to Plaintiff’s motion to remand (Dkt. No. 6). Defendant acknowledged the Court’s admonishment. Appearances: Vanie Houston, pro se; John Vincent Burger. Ct Reporter: ERO. Digital Number: 9:00-9:14AM.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 08/26/2021)
09/07/2021 14 Preliminary Statement by Vanie D Houston, filed.(MelissaMorgan, 4) (Entered: 09/07/2021)
09/07/2021 15 EMERGENCY MOTION( Motion Docket Date 9/28/2021.), MOTION for a 30 Day Stay of Proceedings by Vanie D Houston, filed. (MelissaMorgan, 4) (Entered: 09/07/2021)
09/07/2021 16 MINUTE ENTRY ORDER: The Court conducted the initial conference on August 26, 2021. Defendant is pro se but attempted to have her Attorney-Agent, Gunny Thompson appear on her behalf. The Court instructed Defendant she can only be represented by a licensed attorney admitted to practice in the Southern District of Texas. The Court admonished Defendant to timely file a response to Plaintiff’s motion to remand (Dkt. No. 6). Defendant acknowledged the Court’s admonishment. Defendant has now filed a one-sentence Emergency Motion (Dkt. No. 15) asserting that: Due to unforseen event occuring to disrupt the active pursuit of Houston claim, a thirty-day stay is requested to present a positive defense. Defendant provided no further explanation. Defendant’s motion is GRANTED IN PART and DENIED IN PART. It is ORDERED that Defendant shall have until September 28, 2021 to file a response to Plaintiff’s motion to remand (Dkt. No. 6). NO FURTHER EXTENSIONS SHALL BE GRANTED.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Main Document 16 replaced on 9/7/2021) (sjones, 4). (Entered: 09/07/2021)
LIT’s Foreclosure Tracker is Now Following ‘Vanie’ Before Judge Eskridge, S.D. Tex., Houston
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