Campos v. Right Start Mortgage, Inc
(7:22-cv-00108)
District Court, W.D. Texas
MAY 5, 2022 | REPUBLISHED BY LIT: MAY 6, 2022
Campos failure to respond ends in [first] Judgment for Balli et al. Maybe she’ll get more work now that we’ve spotted Vivian Lopez is off to Tittle Tattle.
U.S. District Court [LIVE]
Western District of Texas (Midland)
CIVIL DOCKET FOR CASE #: 7:22-cv-00108-DC
| Campos v. Right Start Mortgage, Inc Assigned to: Judge David Counts Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 05/05/2022 Date Terminated: 06/29/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/31/2022 | 6 | NOTICE of No Response by Plaintiff, by Right Start Mortgage, Inc re 3 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) and Brief in Support, (Cronenwett, Mark) (Entered: 05/31/2022) |
| 06/09/2022 | 7 | ORDER TO SHOW CAUSE in writing within fourteen (14)days of receipt of this Order. Signed by Judge Ronald C. Griffin. (kg) (Entered: 06/09/2022) |
| 06/09/2022 | 8 | Certified Mail Receipt of 7 Order to Show Cause. (kg) (Entered: 06/09/2022) |
| 06/14/2022 | 9 | ACKNOWLEDGE OF SERVICE by Arthur Campos 8 Certified Mail Receipt. (sg) (Entered: 06/15/2022) |
| 06/29/2022 | 10 | ORDER WITHDRAWING REFERRAL TO MAGISTRATE JUDGE. Signed by Judge David Counts. (kg) (Entered: 06/29/2022) |
| 06/29/2022 | 11 | ORDER GRANTING 3 Motion to Dismiss. Signed by Judge David Counts. (kg) (Entered: 06/29/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/01/2022 14:22:44 |
NON-CONSENT to Trial by US Magistrate Judge by Right Start Mortgage, Inc. (Cronenwett, Mark) (Entered: 05/10/2022)
The investiture — formal swearing-in — ceremony for Judge David Counts as presiding U.S. district judge for the Midland/Odessa & Pecos Divisions of the Western District of Texas was Thursday at the Horseshoe Pavilion. Chief Judge Orlando Garcia presided.
The formal swearing-in ceremony was attended by U.S. district and magistrate judges, who sat on the stage, as well as local and state judges.
Counts was nominated by President Barack Obama on March 15, 2016, to the seat vacated by Judge Robert Junell, who took senior status on Feb. 13, 2015. After his nomination expired on Jan. 3, 2017, with the end of the 114th Congress, Counts was re-nominated on Sept. 7, 2017, by President Donald Trump, according to a press release from the U.S. district court. The U.S. Senate confirmed Counts on Jan. 11 by a vote of 96-0. He received his judicial commission on Jan. 17 and was sworn in on Jan. 18.
Counts served as a state and federal prosecutor for much of his first 23 years of law practice in Austin and San Antonio. He was appointed in July 2009 to serve as U.S. magistrate judge for the Midland/Odessa Division of the Western District of Texas.
He has been an active member of the Texas National Guard since 1989 and currently holds the rank of colonel. He is serving in his 12th year as the state judge advocate of the Texas Military Forces, overseeing judge advocate personnel and the deployment of legal services in the Texas Army & Air National Guard.
Counts deployed to Afghanistan in 2005 and was awarded the Bronze Star and also has been awarded the Legion of Merit. He is a graduate of the U.S. Army Command & General Staff College and is a past chair of the Military Law Section of the State Bar of Texas.
The Knox City native earned a bachelor’s degree from Texas Tech University and his juris doctor from St. Mary’s University School of Law. He and his wife Jill, have three adult children, Jennifer, Sarah and Matthew, and three grandchildren.
The second of three children born to Walter David Counts and Alma Johnston Counts, W. David Counts, Jr. was born at Munday, in Knox County, Texas on July 14, 1936. David shared his childhood with older sister Patsy (Pat) and younger sister Cheryl, now Patsy Grimsley and Cheryl Robinson. His father died in 1983. His mother Alma at this writing remains active and continues to reside in Rule, Texas where David was raised.
David’s early education began at Rule where he graduated from that High School in 1954. He attended West Texas State University in Canyon, and North Texas State University in Denton, respectively, during 1954-1956. On July 15, 1956, David married Mary Mullins. They have two children; daughter, Patti Counts Holmes and son W. David Counts, III. Patti and husband Steve reside in Aledo, Texas where both are healthcare professionals. Patti’s son Seth, attends college in Colorado.
Son David and wife Jill reside in San Antonio where he is an Assistant United States Attorney in his civilian life, and is the State Judge Advocate of the Texas National Guard, holding the rank of Colonel. David and Jill, a teacher and tennis coach, have three children; Jennifer, a college student, Sarah and Matthew. Their four grandchildren are constant blessings to Mary and David and provide plenty of opportunity for them to do those things which grandparents are supposed to do
Military activities began for David in 1953 when he enlisted in the Army National Guard at age seventeen. He graduated from the noncommissioned officers training course at Fort Benning, Georgia in 1957, followed by his graduation in 1959 from Officer Candidate School at Fort Benning, Georgia, and in 1979 he graduated from the Unites States Army Command and Staff College. David retired from the Army National Guard with the rank of Colonel, and in 1999 was promoted to Brigadier General (Brevet) by then Governor George W, Bush. Awards and recognitions earned during his lengthy and honorable military service include the General K. L. Bailey Award for heroism in 1966 and the Minute Man Award for outstanding service.
David returned to Knox County where in 1960 he founded Counts Insurance Agency in Knox City which he owned and operated until 1995. While in the insurance business he formed and still owns and operates Counts Real Estate Agency. From 1968 to 1978 he owned a bookkeeping and tax service. Other business and professional interests have included serving as vice president and director of Rolling Plains Well Service from 1984 until 2004; as president and chairman of Chap Operating, Inc. since 2000, and as director and treasurer of Perry Pump Service from 2000 through 2004. His agricultural interests include growing wheat and cotton crops on family owned farms and ranches in Knox, Stonewall and Haskell counties. In addition to his varied and professional activities, David is a director of First Bank of West Texas and Western Bancshares.
Brother Counts’ statewide public service began with his election to the state legislature in 1988. Over a span of fifteen years as an effective and productive legislator David served fourteen years as a member of the House Energy Council; ten years as chairman of the Natural Resources Committee; ten years as a member of the House Redistricting Committee, and several years as a member of several diverse committees including the House Insurance Committee, House State Affairs Committee, Electric Utility Restructuring and Oversight Committee, Telephone Restructuring Legislative Oversight Committee, House Select Committee on Rural Issues, House Select Committee on Military and Veterans Affairs, and Electric Utility Interim Study on Affected Tax Units. David also served as co-chairman of the Committee on Insurance Modernization, and two years on the House Select Committee on State Bond Resources.
Additionally, as a member of the Texas House of Representatives, David coordinated the Grand Lodge of Texas ceremony leveling the cornerstone of the Bob Bullock State Historical Museum in Austin and in 1995 authored the constitutional amendment to exempt Masonic Lodges from ad-valorem taxes. Again in 1999 he co-authored legislation to allow taxing entities the option to exempt Masonic Lodges from ad-valorem taxes.
Active in his community, David has served twenty years as a director of the Knox City Chamber of Commerce, and in 1979 he was honored by the community with his selection as Knox City’s Most Appreciated Citizen. He is a member of the Board of Development at Hardin-Simmons University of Abilene, Texas, Texas State Technical College Rolling Plains Technical Foundation in Sweetwater, Texas and of the Texas Association of Realtors. He and Mary are members of the First Baptist Church of Knox City, and David contributes time and resources to the work of Gideons International, an organization of Christian laymen who distribute copies of the Holy Bible in several languages throughout the world.
Every journey begins with the first step, and David’s first Masonic step began with his acceptance as a candidate for the degrees of Freemasonry in Orient Lodge No. 905 of Knox City where he was initiated, passed and was raised to the sublime degree of Master Mason on April 24, 1961. Since that time he has served three separate terms as Worshipful Master of his lodge, and was named chairman of the Building Committee. In recognition of his many Masonic and civic contributions, he was awarded the prestigious Golden Trowel Award by his lodge in 1996. In addition he is an endowed plural member of Milam Lodge No. 11, Henry Thomas Lodge No. 278, Olive Branch Lodge No.26, Tranquility Lodge No. 2000 and Texas Lodge of Research and is an endowed charter member of Point Isabel Lodge No. 33.
His service to the Grand Lodge of Texas began with his appointment by then Grand Master Jack Hightower to serve as Right Worshipful District Deputy Grand Master of Masonic District No. 90 during the 1971-1972 Grand Lodge year. He was appointed as Right Worshipful Grand Orator by Grand Master Elmer Murphey, III and served as such during the 2004-2005 Grand Lodge year. At the 2005 Annual Grand Communication of the Grand Lodge of Texas he presented a resolution that was adopted to establish The Texas Masonic Foundation. Bro Counts was elected and installed as Right Worshipful Grand Junior Warden on December 3, 2005. Normal progression led to his election and installation as Grand Senior Warden on December 9, 2006, as Deputy Grand Master on December 8, 2007 and as Most Worshipful Grand Master, the highest office in Texas Masonry on December 6, 2008 for the term ending on December 5, 2009.
In 1962 David received the Scottish Rite Degrees in the Valley of Dallas, and has since affiliated with the Scottish Rite Valley of Lubbock as a Charter member, and from 1975 through 1988 he was a member of the 17^th degree team. He has since affiliated with the Austin Scottish Rite. His recognition by the Supreme Council of the Ancient and Accepted Scottish Rite of Freemasonry led to his investiture with the Rank and Decoration of Knight Commander of the Court of Honour. In 2003, the Supreme Council elected him to receive the 33^rd Degree when he assumed the title of Inspector General Honorary to become an Honorary Member of the Supreme Council. As a Scottish Rite Mason, David proudly serves as a trustee of the Texas Scottish Rite Hospital for Children located in Dallas, Texas.
He became a member of Mascat Shrine in Wichita Falls in 1962, and is a member of Omala Grotto in San Antonio.
It was his desire to become a complete Mason that in 1966 led David to petition Orient Chapter No. 181, Royal Arch Masons of Knox City where he was exalted a Royal Arch Mason, and has served three separate terms of Most Excellent High Priest of that Chapter. His service as District Deputy Grand High Priest of the Most Excellent Grand Royal Arch Chapter of Texas was in 2007 while serving as Right Worshipful Grand Senior Warden of the Most Worshipful Grand Lodge of Texas. He affiliated with Llano Chapter No. 197 as a plural member, and served as Most Excellent High Priest of that Chapter in 2004.
Having been greeted as a Select Master in Orient Council No. 119, Royal & Select Masters of Knox City he served as Thrice Illustrious Master of that Council on three separate occasions. His affiliation as a plural member of Llano Council No. 135, Royal & Select Masters led to his service as Thrice Illustrious Master in 2004. His service to the Most Illustrious Grand Council of Royal and Select Masters includes that of Grand Representative to the Grand Council of California and as District Deputy Grand Master of the Grand Council in 2005 while serving as Right Worshipful Grand Orator of the Most Worshipful Grand Lodge of Texas.
It would simply follow that David receive the Orders of the Commandery, being knighted in Haskell Commandery No. 49 in 1967, later affiliating with Stanford Commandery No. 75 where he presided as Eminent Commander of that Commandery in 2006-2007. He is also an affiliated member of Llano Commandery No. 54.
In recognition of his leadership in various York Rite organizations, David has received the Order of High Priesthood, Order of the Silver Trowel, and has been received as a Knight of York Cross of Honor in Texas Priory No. 23. His interest in and his support of the Knight Templar Eye Foundation is indicated by his standing as a Patron member of that charitable endeavor of Knights Templar.
David’s continuing service to those organizations affiliated with the York Rite of Freemasonry has brought about activity as a member of Star of Bethlehem Conclave, Red Cross of Constantine; Past Governor of Texas York Rite College No. 14, dual member of Heart of Texas York Rite College No. 128; Past Excellent Chief of J. M. Willson Council No. 92, dual member of Libertas Council No. 83, Knight Masons and Past Sovereign Master of A. E. Killion Chapter No. 452, dual member of Wichita Falls Chapter 351, Allied Masonic Degrees.
As a member of the National Sojourners, he is a member of Lone Star Chapter No. 149 at Abilene and Audie Leon Murphy Chapter No. 112 of Dallas. He is also a member of Goliad Camp, Heroes of ’76, and a member of the Grand Lodge Library and Museum Sam Houston Hall of Fame.
A member of the Grand Lodge Library and Museum Sam Houston Hall of Fame he is also a Patron of the Library and Museum. David has served as treasurer of the Masonic Children and Family Services of Texas (Formerly Masonic Home and School) since September of 2007.
Such a man, husband, father, grandfather, citizen and mason is Walter David Counts, Jr. Dependable, reliable, dedicated and committed to leave a path for the future to chart its course. May God bless his leadership of Texas Masons.
–Leonard P. Harvey – Past Grand Master
U.S. District Court [LIVE]
Western District of Texas (Midland)
CIVIL DOCKET FOR CASE #: 7:22-cv-00108-DC-RCG
Create an Alert for This Case on RECAP
| Campos v. Right Start Mortgage, Inc Assigned to: Judge David Counts Referred to: Judge Ronald C. Griffin Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 05/05/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/05/2022 | 1 |
NOTICE OF REMOVAL by Right Start Mortgage, Inc (Filing fee $402 receipt number 0542-16002177), filed by Right Start Mortgage, Inc. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 05/05/2022) |
| 05/05/2022 | 2 | Certificate of Interested Parties by Right Start Mortgage, Inc. (Cronenwett, Mark) (Entered: 05/05/2022) |
| 05/09/2022 | 3 | MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) and Brief in Support, by Right Start Mortgage, Inc. (Attachments: # 1 Proposed Order). Motions referred to Judge Ronald C. Griffin. (Cronenwett, Mark) (Entered: 05/09/2022) |
| 05/10/2022 | 4 | ORDER AND ADVISORY. Signed by Judge David Counts. (kg) (Entered: 05/10/2022) |
| 05/10/2022 | 5 | NON-CONSENT to Trial by US Magistrate Judge by Right Start Mortgage, Inc. (Cronenwett, Mark) (Entered: 05/10/2022) |
Mark Cronenwett Prefers Judge Counts over a Magistrate Judge
NOTICE OF REMOVAL
Pursuant to 28 U.S.C. Section 1446(a), Defendant Right Start Mortgage, Inc. (“Defendant”), files this notice of the removal of this action from the County Court at Law No. 2, Ector County, Texas.
Defendant submits this Notice in support of its removal. Removal is based on diversity of citizenship jurisdiction. Defendant respectfully shows as follows:
INTRODUCTION
1. On or about April 29, 2022, Plaintiff Arthur Campos (“Plaintiff”) instituted this action, styled Arthur Campos v. Right Start Mortgage, Inc., under Cause No. CC2-22-0127-CV in the County Court at Law #2, Ector County, Texas (the “State Court Action”).
A true and correct copy of the Docket Sheet from the State Court Action is attached hereto as Exhibit A. In accordance with 28 U.S.C. Section 1446(a), copies of all process, pleadings, and orders served in the State Court Action are attached hereto within the contents of Exhibit B.
2. Plaintiff filed his Petition for Temporary Restraining Order, Temporary Injunction & Temporary Orders in Cause No. CC2-22-0127-CV (the “Petition”) on April 29, 2022.
The allegations in the Petition relate to a deed of trust and foreclosure proceedings on real property located at 9102 Lamar Avenue, Odessa, Texas 79765. Plaintiff alleges he is attempting to assert a rescission right under the Truth in Lending Act. (See, generally, Exhibit B.)
3. This Notice of Removal is timely because thirty (30) days have not expired since the case first became removable, making removal proper in accordance with 28 U.S.C. Section 1446(b)(3).
4. This action is removable to federal court pursuant to 28 U.S.C. Section 1441 because it could have been filed originally in this Court pursuant to diversity jurisdiction conferred by 28 U.S.C. Section 1332.
BASIS FOR REMOVAL – DIVERSITY JURISDICTION
A. There is diversity between the parties.
5. Removal of the State Court Action to this Court is proper pursuant to 28 U.S.C. Sections 1332, 1441(a) and 1441(b) because the amount in controversy is well in excess of
$75,000.00 exclusive of interest, costs, and attorney fees.
6. Plaintiff is an individual and citizen of the state of Texas. (See Exhibit B.)
7. Right Start Mortgage, Inc. is a California corporation with its principal place of business in California, making it a citizen of California for diversity purposes.
8. There is complete diversity between Plaintiff and Defendant in this matter.
Plaintiff is a citizen of Texas and Defendant is a citizen of California. Accordingly, there is complete diversity among the relevant parties.
See U.S.C. § 1332(a)(1).
B. The amount in controversy exceeds $75,000.00.
9. The amount in controversy exceeds the sum or value of $75,000.00.
In the Fifth Circuit, when declaratory and/or injunctive relief is sought, the amount in controversy is measured by the value of the object of the litigation, and the value of that right is measured by the losses that will follow.
Webb v. Investacorp, Inc. 89 F.3d 252, 256 (5th Cir. 1996).
Stated differently, “the amount in controversy, in an action for declaratory and injunctive relief, is the value of the right to be protected or the extent of the injury to be prevented.”
Leininger v. Leininger, 705 F.2d 727, 729 (5th Cir. 1983);
see also Lamarr v. Chase Home Finance, LLC, 2008 WL 4057301 (N.D. Miss. 2008)
(finding amount in controversy requirement was satisfied where plaintiff sought to set aside foreclosure sale and home appraised for $83,000.00, plus unspecified amount of monetary damages);
Bank of America National Trust and Sav. Assoc. v. Reeves, 1995 WL 96617, *1 (E.D. La. 1995)
(court held that the amount in controversy was met in action seeking to enjoin foreclosure on property because the suit “puts at issue the entire value of the property on which they attempt to enjoin defendants from foreclosing.”).
10. “Reasonable bases for valuing properties include ‘purchase price, market value, or outstanding principal and interest.’
This court considers market value to be the preferred method.”
McPherson v. Bank of Am., N.A., No. H-16-3498, 2016 U.S. Dist. LEXIS 180115, at *6 (S.D. Tex. Dec. 30, 2016) (citations omitted).
A defendant who attaches to a notice of removal the local appraisal district’s summary showing the market value of the property exceeds $75,000.00 meets the burden of establishing that diversity jurisdiction exits.
See id. at *6;
see also Govea v. JPMorgan Chase Bank, N.A., No. H-10-3482, 2010 U.S. Dist. LEXIS 130940, at*11 (S.D. Tex. Dec. 10, 2010);
Funke v. Deutsche Bank Nat’l Tr. Co., Civil Action No. 5:14- CV-307, 2014 U.S. Dist. LEXIS 104438, at *5–6 (W.D. Tex. July 31, 2014);
Johnson v. Wells Fargo Bank, N.A., No. 4:12CV768, 2013 U.S. Dist. LEXIS 41583, at *7 (E.D. Tex. Feb. 22, 2013).
Here, Plaintiff requests an injunction prohibiting Defendants from foreclosing on the loan and selling the Property.
(See Pl’s Pet.)
The Ector County Appraisal District shows an appraisal value of the Property for the tax year 2022 at $303,288.00, well in excess of $75,000.00, exclusive of interest and costs.
(Exhibits C, C-1.)
Missing Rogue Lawyer’s Business Being Used as a Conduit for Unlicensed Debt Collecting in The State of Texas by his Lawyer Wife (Hopkins Law is Not Bonded or Licensed to do Business in the State): If You See Him, Please Get in Touch with LIThttps://t.co/Nl75A3MS1Z#TxGov #txlege
— lawsinusa (@lawsinusa) May 6, 2022
C. The claim of Plaintiff is a Federal question.
11. A case may be removed to Federal Court if the cause of action is created by federal law.
12. Plaintiff’s only claim against Defendant is under 15 U.S.C. § 1635, commonly referred to as the Truth in Lending Act. (See Exhibit B).
13. Federal Courts have original jurisdiction as the only cause of action is a federal question.
VENUE
14. Venue for removal is proper in this district and division, the United States District Court for the Western District of Texas, Midland Division, under 28 U.S.C. Section 1441(a) because this district and division embrace the County Court at Law No. 2, Ector County, Texas, the forum in which the removed action was pending.
NOTICE
15. Pursuant to 28 U.S.C. Section 1446(d), a copy of this Notice is being filed with the Clerk of Court for the County Court at Law No. 2, Ector County, Texas.
16. The contents of Exhibit B constitute the entire file of Cause No. CC2-22-0127- CV in the County Court at Law No. 2, Ector County, Texas.
CONCLUSION
For the reasons described above, Defendant respectfully requests that this Court take jurisdiction over this matter and proceed as if it had been originally filed herein.
Respectfully submitted,
By: /s/ Mark D. Cronenwett
MARK D. CRONENWETT
Texas Bar No. 00787303 mcronenwett@mwzmlaw.com
KARLA M. BALLI
Texas Bar No. 24035997 kballi@mwzmlaw.com
MACKIE, WOLF, ZIENTZ & MANN, PC
14160 N. Dallas Parkway, Suite 900
Dallas, Texas 75254
Telephone: (214) 635-2650
Facsimile: (214) 635-2686
ATTORNEYS FOR DEFENDANT
List of All Parties
Arthur Campos Plaintiff
Right Start Mortgage, Inc. Defendant
Removed From the Following Court
County Court at Law #2
Ector County, Texas
Honorable Christopher M. Clark
Judge Presiding
300 North Grant, Room 235
Odessa, TX 79761
(432) 498-4120
Nicki Palmer, Coordinator
Nicki.palmer@ectorcountytx.gov
Before and After Linkedin for New Hire Karla Balli
Current Status of Removed Case
Pending.
Record of Jury Demand
None.
List of all Counsel of Record
For Plaintiff Arthur Campos:
Pro Se
For Defendant Right Start Mortgage, Inc.
Mark D. Cronenwett
Texas Bar No. 00787303
mcronenwett@mwzmlaw.com
Karla M. Balli
Texas Bar No. 24035997
kballi@mwzmlaw.com
Mackie Wolf Zientz & Mann, P. C.
14160 North Dallas Parkway
Dallas, TX 75254
(214) 635-2650
(214) 635-2686 (Fax)
INDEX OF DOCUMENTS ATTACHED
Exhibit A Copy of the Docket Sheet for Cause No. CC2-22-0127-CV in the County Court at Law No. 2, Ector County, Texas;
Exhibit B
B-1 Plaintiff’s Petition for Temporary Restraining Order, Temporary Injunction & Temporary Orders, April 29, 2022;
B-2 Temporary Restraining Order, May 2, 2022;
Exhibit C Declaration of Karla M. Balli;
and
C-1 Printout from the Ector County, Texas Central Appraisal District website on May 2, 2022.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been served via regular U.S. mail on the following counsel of record on May 5, 2022:
Arthur Campos
9102 Lamar Ave.
Odessa, Texas 79765
Rgcampos32@gmail.com
/s/ Karla M. Balli
KARLA M. BALLI
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