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AUG 14, 2023 | REPUBLISHED BY LIT: JUN 24, 2024
JUN 24, 2024
Above is the date LIT Last updated this article.
Experiencing judicial retaliation is concerning enough, but it becomes even more significant when substantiated by factual evidence.
Judge Sim Lake rejecting ECF/Pacer filing in Dunn Fraud Case
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-04568
| Lewis v. CrossCountry Mortgage et al Assigned to: Judge Sim Lake Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1346 Breach of Contract |
Date Filed: 12/06/2023 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Siren Lewis | represented by | Siren Lewis 5680 Highway 6 418 Missouri City, TX 77459 346-339-6916 Email: oshealewis@acninc.net PRO SE |
| V. | ||
| Defendant | ||
| CrossCountry Mortgage | represented by | Michael L Weems HughesWattersAskanase 1201 Louisiana 28th Floor Houston, TX 77002 713-328-2822 Email: mweems@hwa.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| CEO Ronald Leonhardt, Jr. | ||
| Defendant | ||
| CT Corporation System | ||
| Defendant | ||
| Dovenmuehle Mortgage Inc | represented by | Michael L Weems (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/14/2023 | 1 | Complaint for Violation of Civil Rights against CT Corporation System, CrossCountry Mortgage, Dovenmuehle Mortgage Inc., Ronald Leonhardt, Jr. Filing fee not paid, IFP. Filed by Siren Lewis. (Attachments: # 1 First Notice, # 2 Opportunity to Cure, # 3 Lawful Information Request, # 4 Notice of Billing Error, # 5 Violation of Denied Assistance, # 6 Correspondence from Fears Law, # 7 Certified Mail Signature Cards, # 8 Envelope) (F,AW) (Entered: 08/15/2023) |
| 08/14/2023 | 2 | Motion to proceed in forma pauperis filed by Plaintiff Siren Lewis. Related document(s) 1 . (F,AW) (Entered: 08/15/2023) |
| 08/28/2023 | 3 | Motion to file electronically filed by Plaintiff Siren Lewis. (Attachments: # 1 ECF Registration). (L,MI) (Entered: 08/28/2023) |
| 09/07/2023 | 4 | Civil Cover Sheet to 1 Complaint, filed by Siren Lewis. Related document(s) 1 . (L,MI) (Entered: 09/07/2023) |
| 11/30/2023 | 5 | Transfer Case (District). The Court finds that venue is not proper in this district and hereby transfers this action to the Southern District of Texas pursuant to 28 U.S.C. § 1406(a). Signed by Judge Solomon Oliver, Jr. on 11/30/2023. (R,Sh) (Entered: 11/30/2023) |
| 12/06/2023 | 6 | Case transferred in from Ohio Northern. Case Number 1:23-cv-01591; certified copy of transfer order, certified docket sheet, and transfer letter received (Entered: 12/06/2023) |
| 12/08/2023 | 7 | ORDER – CASE REFERRED to Magistrate Judge Christina A Bryan.. Parties to advise court w/in 20 days if they will consent to Judge Bryan. (Signed by Judge Sim Lake) (Attachments: # 1 Consent Form) Parties notified.(SheilaRAnderson, 4) (Entered: 12/08/2023) |
| 01/03/2024 | 8 | MOTION to Dismiss Motions referred to Christina A Bryan. by Dovenmuehle Mortgage Inc, filed. Motion Docket Date 1/24/2024. (Attachments: # 1 Proposed Order)(Weems, Michael) (Entered: 01/03/2024) |
| 01/12/2024 | 9 | MOTION to File ElectronicallyMotions referred to Christina A Bryan. by Siren Lewis, filed. Motion Docket Date 2/2/2024. (ShannonHolden, 4) (Main Document 9 replaced on 1/12/2024) (ShannonHolden, 4). (Entered: 01/12/2024) |
| 01/12/2024 | 10 | MOTION for Continuance Motions referred to Christina A Bryan. by Siren Lewis, filed. Motion Docket Date 2/2/2024. (ShannonHolden, 4) (Entered: 01/12/2024) |
| 01/16/2024 | 11 | ORDER granting 9 Motion to File Electronically.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) (Entered: 01/16/2024) |
| 01/16/2024 | 12 | ORDER granting 10 Motion for Continuance. It is therefore ORDERED that Plaintiff’s Motion to Continue is GRANTED. Plaintiff’s Response to DMI’s Motion to Dismiss must be filed on or before February 16, 2024. It is further ORDERED that on or before February 16, 2024 Plaintiff shall SHOW CAUSE why her claims against CrossCountry Mortgage, CEO Ronald Leonhardt, Jr., and CT Corporation System should not be dismissed without prejudice for lack of prosecution due to her failure to serve those defendants within 90 days of filing suit. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (MelissaMorgan, 4) (Entered: 01/16/2024) |
| 02/13/2024 | 13 | MOTION for Clarification as to 11 Order on Motion for Miscellaneous Relief, 12 Order on Motion for Continuance,, Motions referred to Christina A Bryan. by Siren Lewis, filed. Motion Docket Date 3/5/2024. (Lewis, Siren) (Entered: 02/13/2024) |
| 02/14/2024 | 14 | ORDER terminating as moot 8 Motion to Dismiss. It is ORDERED that Plaintiff’s Motion to Proceed In Forma Pauperis (ECF 2) isGRANTED. It is further ORDERED that on or before March 6, 2024 Plaintiff shall file an Amended Complaint that complies with the above described standards. It is further ORDERED that Defendant Dovenmuehle Mortgage, Inc.’s Motion to Dismiss (ECF 8 ) is terminated as moot WITHOUT PREJUDICE to refiling after Plaintiff files an Amended Complaint. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (RachelWillborg, 4) (Entered: 02/15/2024) |
| 02/14/2024 | 15 | ORDER granting 13 Motion for Clarification. Simultaneously with the Order, the Court has issued an Order requiring Plaintiff to file an Amended Complaint containing a more definite statement of her claims on or before March 6, 2024. Therefore, Plaintiff is NOT required to file a response to Defendant Dovenmuehle Mortgage, Inc.’s Motion to Dismiss at this time. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(RachelWillborg, 4) (Entered: 02/15/2024) |
| 03/18/2024 | 16 | MOTION to Dismiss Motions referred to Christina A Bryan. by CrossCountry Mortgage, filed. Motion Docket Date 4/8/2024. (Attachments: # 1 Proposed Order) (Weems, Michael) (Entered: 03/18/2024) |
| 03/25/2024 | 17 | RETURN of Service of SUMMONS Executed as to CT Corporation System served on 2/29/2024, answer due 3/21/2024, filed. (jld4) (Entered: 03/26/2024) |
| 03/31/2024 | 18 | Second MOTION for Clarification Motions referred to Christina A Bryan. by Siren Lewis, filed. Motion Docket Date 4/22/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Lewis, Siren) (Entered: 03/31/2024) |
| 04/08/2024 | 19 | AMENDED 2 MOTIONMotions referred to Christina A Bryan. by Siren Lewis, filed. Motion Docket Date 4/29/2024. (Attachments: # 1 Exhibit CrossCountry Mortgage Conflicting Email from verbal Instructions from Customer service agent, # 2 Exhibit Collection Letter From CrossCountry Mortgage, # 3 Exhibit Approval of Modification, # 4 Exhibit Exibit 6 Screenshot 1 of 3 Showing CrossCountry Mortgage documented account as never late. Deceptive Practice sending collections company for an account they 1. Transferred to 2nd CrossCountry Mortgage to Collect. Fraud, # 5 Exhibit Exhibit 6 Screenshot 2 of 3 CrossCountry Mortg Dovenmuehl paid as agreed, # 6 Exhibit Exhibit 6 Screenshot 3 of 3 Experian Credit Report Showing address and phone number of the 1st CrossCountry Mortgage reporting paid as agreed never late yet fradulently charging late fees and sending to foreclosure) (Lewis, Siren) (Entered: 04/08/2024) |
| 04/09/2024 | 20 | RESPONSE in Opposition to 16 MOTION to Dismiss , filed by Siren Lewis. (Attachments: # 1 Exhibit Billing Error Notice Exhibit 6, # 2 Exhibit Cease & Desist to CCM Atty, # 3 Exhibit Exhibit 8 Letter from Fears Law Firm sent on my behalf after numerous failed attempt to resolve billing error) (Lewis, Siren) (Entered: 04/09/2024) |
| 04/25/2024 | 21 | ORDER GRANTING 18 Motion for Clarification- It is therefore ORDERED that Plaintiff’s Second Motion for Clarification (ECF 18) is GRANTED. The clerk will remove the restriction from ECF 1 and all attachments thereto. This ruling is not a statement on the sufficiency of the Complaint or any other issue in this case. It is further ORDERED that Defendants may file a Reply in support of the pending Motion to Dismiss within 7 days of entry of this Order to address the attachments to the Original Complaint, if necessary.(Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 04/25/2024) |
| 04/26/2024 | 22 | RETURN of Service of SUMMONS Executed as to CrossCountry Mortgage served on 2/24/2024, answer due 3/18/2024, filed. (acj4) (Entered: 04/26/2024) |
| 05/01/2024 | 23 | REPLY to 20 Response in Opposition to Motion, , filed by CrossCountry Mortgage, Dovenmuehle Mortgage Inc. (Attachments: # 1 Proposed Order) (Weems, Michael) (Entered: 05/01/2024) |
| 06/03/2024 | 24 | MOTION for Default Judgment against CrossCountry MortgageMotions referred to Christina A Bryan. by Siren Lewis, filed. Motion Docket Date 6/24/2024. (Lewis, Siren) (Entered: 06/03/2024) |
| 06/05/2024 | 25 | Opposed RESPONSE in Opposition to 24 MOTION for Default Judgment against CrossCountry Mortgage, filed by CrossCountry Mortgage. (Attachments: # 1 Proposed Order) (Weems, Michael) (Entered: 06/05/2024) |
| 06/05/2024 | 26 | MOTION to Dismiss AMENDED COMPLAINT OR DISMISS DOVENMUEHLE AND CROSSCOUNTRY AS DEFENDANTS Motions referred to Christina A Bryan. by Dovenmuehle Mortgage Inc, filed. Motion Docket Date 6/26/2024. (Weems, Michael) (Entered: 06/05/2024) |
| 06/05/2024 | 27 | PROPOSED ORDER GRANTING DEFENDANT DOVENMUEHLE AND CROSSCOUNTRY MORTGAGES RULE 12(B)(6) MOTION TO DISMISS, filed. (Weems, Michael) (Entered: 06/05/2024) |
| 06/10/2024 | 28 | ORDER DENYING 19 Motion for Leave to Amend. Plaintiff has been on notice since February 2024 that her Complaint is deficient. She failed to take advantage of the opportunity to amend those deficiencies by filing, within the deadline set by the Court, an Amended Complaint containing a more definite statement of her claims and factual allegations that are sufficient to state a plausible claim for relief. For these reasons, it is ORDERED that the Motion for Leave to Amend (ECF 19) is DENIED. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 06/10/2024) |
| 06/10/2024 | 29 | MEMORANDUM AND RECOMMENDATION re 24 MOTION for Default Judgment against CrossCountry Mortgage. The Court RECOMMENDS that Plaintiff’s Motion for Default Judgment (ECF 24) be DENIED. Objections to M&R due by 6/24/2024 (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 06/10/2024) |
| 06/10/2024 | 30 | MEMORANDUM AND RECOMMENDATION re 16 MOTION to Dismiss . The Court RECOMMENDS that Defendants’ Motion to Dismiss (ECF 16) be GRANTED. The Court further RECOMMENDS that Plaintiff’s claims against all Defendants be DISMISSED WITH PREJUDICE. Objections to M&R due by 6/24/2024 (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 06/10/2024) |
| 06/11/2024 | 31 | ORDER TERMINATING AS MOOT 26 Defendant’s Motion to Dismiss the Amended Complaint. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 06/11/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/23/2024 07:36:08 |
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