LIT COMMENTARY
OPERATION CLEANUP
Order issued Apr. 25, 2024
JUN 28, 2024 UPDATE
There y’all have it folks.
LIT vindicated once more as this case is reinstated for the reasons per JPMorgan’s motion for reinstatement, as granted by Judge David Hittner (transcribed in the case update below).
Notably, no request for sanctions is evident regarding Delarogue’s misconduct in this case, as well as the many more cases we’ve highlighted for years on our legal blogging platform.
LIT EMAIL; 3/28 at 9.54 am.
Top of the morn’
HOUSTON LAWYER ERICK JOSEPH DELARUE
At LIT, we are always seeking comments and responses to our recently published and updated articles concerning the extent of the real estate fraud in Texas state and federal courts since the Greatest Theft of Citizens’ homes in American History.
With this in mind, I am including links to two related cases involving “foreclosure defense” lawyer Erick J. Delarue, or Delarogue as we’ve nicknamed him – after he threatened to sue my investigative legal blog for defamation.
Of course, that never materialized – for the reasons we touch on in this email.
I’ve included him in this email thread, as LIT is an open book and transparency is key in all communications, especially when it’s difficult to differentiate between foreclosure defense lawyers, creditor rights lawyers, foreclosure mill lawyers and judges who love real estate.
Returning to the cases at hand, first up is Tracy Wicker, currently percolatin’ at SDTX before US District Judge Keith Ellison. I’m including Gray Burks for North American Savings Bank in this email list.
https://lawsintexas.com/pr/310
The second is Kenneth Baucum, Jr. I’m including Quilling’s legal counsel, for JPMorgan Chase.
https://lawsintexas.com/pr/33i
The articles are self-explanatory, so for now, I’ll just leave it at that.
However, for the record, LIT does have correspondence from disgruntled Delarue clients who believe his candor was questionable, and they were being strong-armed into accepting Moses into their home.
To date, these complaints have not been published.
If you have any comments or feedback, please don’t hesitate to reach out.
In the interim, I’ll watch the false and fraudulent litigation filings to see what happens next, including whether y’all lawyers swiftly address the same, or retaliate.
Disclaimer; This email and any responses will be subject to publication on LIT.
Cheers
Y’all have a great day.
Mark Burke
Justice Seeker
Laws In Texas
#restoretx
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Cheers.
Bandit Lawyer Erick Delarue filed the second suit while the earlier suit involving the same parties is active.
Case 1: 2023-66317 – ARRAH, MOISE vs. SHELLPOINT MORTGAGE SERVICING (Court 125)
Case 2: 2024-19935 – ARRAH, MOISE ONEKE vs. SHELLPOINT LOAN SERVICING LLC (Court 127) pic.twitter.com/X9HJCTdckY
— lawsinusa (@lawsinusa) April 3, 2024
It’s a serious violation for a lawyer not to disclose litigation history.
It happens in practically every petition by Delarue, and by a substantial number of Texas lawyers.
Here, Delarogue fails to mention the expedited foreclosure proceedings completely.
Nor does he offer any “investor” contract. It’s just BS on paper – legal papers.
FIRST COA ISSUE Mandate in defunct 2008 bank debt collection which is unsecured and time-barred. Not in Texas, where Ochlocracy and Lawlessness Prevail. Just ask @KenPaxtonTX
YELLOWFIN LOAN SERVICING CORP., AS SUCCESSOR IN INTEREST TO INDYMAC BANK, F.S.B. https://t.co/YJNfwDSenz— lawsinusa (@lawsinusa) March 28, 2024
Baucum v. JPMorgan Chase Bank, NA
(4:24-cv-00953)
District Court, S.D. Texas, Judge David Hittner
MAR 15, 2024 | REPUBLISHED BY LIT: MAR 28, 2024
MAR 28, APR 23 29,
JUN 28, 2024
Above is the date LIT Last updated this article.
Defendant JPMorgan Chase Bank, N.A. (Chase) files this Motion for Reinstatement and would respectfully show as follows:
1. On March 4, 2024, plaintiffs Kenneth Baucum and Linda Baucum (Plaintiff) filed Plaintiff’s Original Petition, Application for Injunctive Relief, and Request for Disclosures (the Complaint) in state court.1 Dkt. no. 1-1 9-21. Chase timely removed the suit to this Court.2
2. Chase asserted no claim or counterclaim in this lawsuit.
1 The Complaint identifies Kenneth Baucum and Linda Baucum as plaintiffs but acknowledges Linda Baucum is deceased. Dkt. no. 1-1 ¶ 7.
2 Dkt. no. 1.
3. On April 5, 2024, Chase filed a Motion to Dismiss Complaint Under Rule 12(b)(6) and Brief in Support.3 Plaintiff’s response deadline was Friday, April 26, 2024. See LR 7.3.
4. On April 24, 2024, Plaintiff and Chase filed a Settlement Notice and Agreed Motion to Abate providing notice that they were in the process of documenting an agreement that would resolve all claims Plaintiff asserted in this suit.4
5. On April 25, 2024, the Court entered an order “dismiss[ing] [this cause] on the merits without prejudice to the right of counsel of record to move for reinstatement within sixty (60) days . . . .” and denying Chase’s motion to dismiss without prejudice to resubmit or reurge the motion within ten days from the date of reinstatement.5
6. The Parties have been unable to finalize an agreement. On May 20, 2024, Chase’s counsel sent Plaintiff’s counsel a form agreement for review and Plaintiff’s signature that contained a deadline for Plaintiff to deliver to Chase, among other documents, the agreement executed by Plaintiff by May 22, 2024.
7. Plaintiff did not deliver to Chase’s counsel the form agreement signed by Plaintiff or other documents by the deadline. Plaintiff’s counsel has not advised
3 Dkt. no. 4.
4 Dkt. no. 5.
5 Dkt. no. 6.
Chase’s counsel of any revisions Plaintiff requested to the form agreement or otherwise advise why Plaintiff failed to deliver the documents required by the May 22, 2024 deadline.
8. On May 22, 2024, Plaintiff’s counsel sent Chase’s counsel an email advising that “[Plaintiff] hasn’t paid after months of requests. As such, we will be withdrawing from the case.” Plaintiff’s counsel also advised that he did not know whether Plaintiff “is off shore or not.”
9. On May 24, 2024, Chase’s counsel sent Plaintiff’s counsel for review and Plaintiff’s signature a new version of the form agreement, updated to extend Plaintiff’s document delivery deadline to May 30, 2024.
10. Plaintiff failed to deliver to Chase’s counsel the form agreement signed by Plaintiff or any other documents by the May 30, 2024 deadline. Chase does not know why Plaintiff failed to deliver the documents required to finalize an agreement.
11. On June 11, 2024 and June 14, 2024, Chase’s counsel sent Plaintiff’s counsel emails inquiring whether Plaintiff is no longer interested in the terms the parties previously discussed but did not receive a response before this motion was filed.
12. In light of Plaintiff’s failure to deliver documents necessary to finalize an agreement or engage in discussions regarding possible terms of a resolution, the parties have been unable to finalize an agreement.
Consequently, Chase requests the Court to reinstate this lawsuit and allow Chase to re-file or reurge its Motion to Dismiss Complaint Under Rule 12(b)(6) and Brief in Support so that Chase may seek the dismissal of Plaintiff’s claims with prejudice.
CONCLUSION
Wherefore, Chase respectfully requests that the Court reinstate this case, permit Chase to re-file or reurge its Motion to Dismiss Complaint Under Rule 12(b)(6) and Brief in Support, and for such other and further relief to which Chase may be justly entitled.
Respectfully submitted,
/s/ Wm. Lance Lewis
Wm. Lance Lewis, Attorney-in-Charge
Texas Bar No. 12314560
S.D. Bar No. 28635
R. Kendall Yow
Texas Bar No. 24066806
S.D. Bar No. 1533937
Quilling, Selander, Lownds, Winslett & Moser, P.C.
2001 Bryan Street, Suite 1800
Dallas, Texas 75201
214-880-1833 Telephone
214-871-2111 Facsimile
llewis@qslwm.com kyow@qslwm.com
ATTORNEYS FOR DEFENDANT JPMORGAN CHASE BANK, N.A.
CERTIFICATE OF CONFERENCE
This is to certify that on June 11, 2024 and June 14, 2024 Chase’s counsel emailed plaintiff’s counsel Erick DeLaRue regarding the relief sought in the foregoing motion. Chase’s counsel received no response and, thus, presumes that plaintiff is opposed to the foregoing motion.
/s/ R. Kendall Yow
R. Kendall Yow
CERTIFICATE OF SERVICE
This is to certify that on June 17, 2024 a true and correct copy of the foregoing document was furnished to plaintiffs in accordance with the Federal Rules of Civil Procedure.
Erick DeLaRue
Law Office of Erick DeLaRue, PLLC
2800 Post Oak Boulevard, Suite 4100
Houston, Texas 77056
/s/ R. Kendall Yow
R. Kendall Yow
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00953
| Baucum et al v. JPMorgan Chase Bank, NA Assigned to: Judge David Hittner
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 03/15/2024 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/17/2024 | 7 | MOTION to Reinstate Case by JPMorgan Chase Bank, NA, filed. Motion Docket Date 7/8/2024. (Attachments: # 1 Proposed Order) (Lewis, William) (Entered: 06/17/2024) |
| 06/19/2024 | 8 | REINSTATEMENT ORDER granting 7 Motion to Reinstate. Defendant JPMorgan Chase Bank, N.A.’s Motion for Reinstatement is GRANTED. The Court further ORDERS that JPMorgan Chase Bank, N.A. may within ten days following the date of this Order re-file or reurge its Motion to Dismiss Complaint Under Rule 12(b)(6) and Brief in Support (Document no. 4 ). (Signed by Judge David Hittner) Parties notified. (jww4) (Entered: 06/20/2024) |
| 06/21/2024 | 9 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support by JPMorgan Chase Bank, NA, filed. Motion Docket Date 7/12/2024. (Attachments: # 1 Proposed Order) (Yow, Rebecca) (Entered: 06/21/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/28/2024 12:15:31 |
ORDER OF DISMISSAL.
The Court having been advised by counsel for the parties that an amicable settlement has been reached in this action, it is ORDERED that this cause be, and is hereby, dismissed on the merits without prejudice to the right of counsel of record to move for reinstatement within sixty (60) days upon presentation of adequate proof that final approval of the settlement could not be obtained from the respective principals for whom counsel act.
It is further ORDERED that all motions currently pending are DENIED WITHOUT PREJUDICE.
Any movant seeking to resubmit or reurge those motions must do so within ten (10) days from the date of reinstatement.
(Signed by Judge David Hittner)
Parties notified. (jww4) (Entered: 04/25/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00953
| Baucum et al v. JPMorgan Chase Bank, NA Assigned to: Judge David Hittner
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 03/15/2024 Date Terminated: 04/25/2024 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/05/2024 | 4 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support by JPMorgan Chase Bank, NA, filed. Motion Docket Date 4/26/2024. (Attachments: # 1 Proposed Order) (Yow, Rebecca) (Entered: 04/05/2024) |
| 04/24/2024 | 5 | Agreed MOTION to Abate by JPMorgan Chase Bank, NA, filed. Motion Docket Date 5/15/2024. (Attachments: # 1 Proposed Order) (Yow, Rebecca) (Entered: 04/24/2024) |
| 04/25/2024 | 6 | ORDER OF DISMISSAL. The Court having been advised by counsel for the parties that an amicable settlement has been reached in this action, it is ORDERED that this cause be, and is hereby, dismissed on the merits without prejudice to the right of counsel of record to move for reinstatement within sixty (60) days upon presentation of adequate proof that final approval of the settlement could not be obtained from the respective principals for whom counsel act. It is further ORDERED that all motions currently pending are DENIED WITHOUT PREJUDICE. Any movant seeking to resubmit or reurge those motions must do so within ten (10) days from the date of reinstatement. (Signed by Judge David Hittner) Parties notified. (jww4) (Entered: 04/25/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 04/29/2024 15:03:51 |
Dismiss for Failure to State a Claim
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.
Initial Conference set for 5/16/2024 at 10:45 AM by video before Magistrate Judge Peter Bray.
(Signed by Judge David Hittner) Parties notified. (AkeitaMichael, 4) (Entered: 03/18/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00953
| Baucum et al v. JPMorgan Chase Bank, NA Assigned to: Judge David Hittner
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 03/15/2024 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Linda Baucum | represented by | Erick Joseph DeLaRue Law Office of Erick DeLaRue, PLLC 2800 Post Oak Boulevard Suite 4100 Houston, TX 77056 713-899-6727 Email: erick.delarue@delaruelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Kenneth Baucum | represented by | Erick Joseph DeLaRue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| JPMorgan Chase Bank, NA | represented by | Rebecca Kendall Yow Quilling Selander et al 2001 Bryan St Ste 1800 Dallas, TX 75201 214-880-1833 Email: kyow@qslwm.com ATTORNEY TO BE NOTICEDWilliam Lance Lewis Quilling Selander et al 2001 Bryan St Suite 1800 Dallas, TX 75201 214-871-2100 Fax: 214-871-2111 Email: llewis@qslwm.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/15/2024 | 1 | NOTICE OF REMOVAL from 157th Judicial District Court, Harris County, Texas, case number 2024-13846 (Filing fee $ 405 receipt number ATXSDC-31333307) filed by JPMorgan Chase Bank, NA. (Attachments: # 1 Ex. A (state court file), # 2 Civil Cover Sheet)(Lewis, William) (Entered: 03/15/2024) |
| 03/15/2024 | 2 | CORPORATE DISCLOSURE STATEMENT by JPMorgan Chase Bank, NA identifying JPMorgan Chase & Co. as Corporate Parent, filed.(Yow, Rebecca) (Entered: 03/15/2024) |
| 03/18/2024 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/16/2024 at 10:45 AM by video before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified. (AkeitaMichael, 4) (Entered: 03/18/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 03/28/2024 06:27:50 |
They don’t know what to do @uscourts – give ’em coffee and donuts at Judge Ellison’s Home, it’s right down the road from Randy’s pad…https://t.co/jaufWY6aDH
— lawsinusa (@lawsinusa) March 28, 2024
202413846 –
BAUCUM, LINDA vs. JP MORGAN CHASE BANK NATIONAL ASSOCIATION
MAR 4, 2024 | REPUBLISHED BY LIT: MAR 28, 2024
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