Sweeney v. Holt & Young, P.C.
(4:22-cv-01230)
District Court, S.D. Texas
APR 18, 2022 | REPUBLISHED BY LIT: APR 20, 2022
ORDER OF ADOPTION re: 69 MEMORANDUM, ORDER, AND RECOMMENDATIONS;
denying 45 MOTION for Summary Judgment;
granting 63 MOTION for Summary Judgment.
After due consideration of the entire record and the applicable law, the court hereby ADOPTS the Memorandum and Recommendation as this court’s opinion.
The court will issue a separate final judgment.
(Signed by Judge David Hittner) Parties notified.(JosephWells, 4)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01230
Create an Alert for This Case on RECAP
| Sweeney et al v. Holt & Young, P.C. et al Assigned to: Judge David Hittner Cause: 15:1692 Fair Debt Collection Act |
Date Filed: 04/18/2022 Jury Demand: None Nature of Suit: 480 Consumer Credit Jurisdiction: Diversity |
| Plaintiff | ||
| Patrick Sweeney | represented by | Patrick Sweeney 16010 Winchmore Hill Spring, TX 77379 281-686-2109 PRO SE |
| Plaintiff | ||
| Jill Sweeney | represented by | Jill Sweeney 16010 Winchmore Hill Spring, TX 77379 281-686-2109 PRO SE |
| V. | ||
| Defendant | ||
| Holt & Young, P.C. | represented by | David Keenan Berk 9821 Katy Freeway, Suite 350 Houston, TX 77024 713-510-1000 Email: dberk@holtyoung.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Shannon Lewis | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 05/16/2022 | 4 | CONSENT to Proceed Before a Magistrate Judge by Patrick Sweeney, filed.(JacquelineMata, 4) (Entered: 05/16/2022) |
| 05/19/2022 | 5 | ANSWER to 1 Complaint by Holt & Young, P.C., filed. (Attachments: # 1 Exhibit DEMAND LETTER, # 2 Exhibit DEMAND LETTER, # 3 Exhibit DEMAND LETTER, # 4 Exhibit DEMAND LETTER, # 5 Exhibit INVOICE FOR FEES AND COSTS, # 6 Exhibit ACCOUNT STATEMENT)(Berk, David) (Entered: 05/19/2022) |
| 06/22/2022 | 6 | MOTION to Dismiss Under Rule 12(b)(1) by Holt & Young, P.C., filed. (Attachments: # 1 Proposed Order ORDER)(Berk, David) Modified on 6/23/2022 (ealexander, 4). (Entered: 06/22/2022) |
| 06/22/2022 | 7 | Corrected MOTION to Dismiss Under Rule 12(b)(1) by Holt & Young, P.C., filed. Motion Docket Date 7/13/2022. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit Exhibit One: January 19, 2021 Letter, # 3 Supplement Salermo v. Watters, # 4 Supplement Spokeo v. Robins, # 5 Supplement Sayles v. Advanced Recovery Sys., # 6 Supplement Flecha v. Medicredit)(Berk, David) Modified on 6/23/2022 (ealexander, 4). (Entered: 06/22/2022) |
| 06/30/2022 | 8 | SCHEDULING ORDER. Trial Term: July/August 2023. ETT: 2 days. Bench Trial. Amended Pleadings due by 7/29/2022. Joinder of Parties due by 7/29/2022 Pltf Expert Witness List due by 8/31/2022. Deft Expert Witness List due by 9/30/2022. Discovery due by 12/30/2022. Dispositive Motion Filing due by 1/31/2023. Non-Dispositive Motion Filing due by 1/31/2023. Joint Pretrial Order due by 6/30/2023.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4) (Entered: 06/30/2022) |
| 07/22/2022 | 9 | JOINDER, filed by Patrick Sweeney. (dhansen, 4) (Entered: 07/22/2022) |
| 07/22/2022 | 10 | ORDER denying as moot 6 Motion to Dismiss; denying 7 Motion to Dismiss.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 07/22/2022) |
| 07/27/2022 | 11 | REJOINDER to 9 Joinder In Response to Baseless Allegations of Misconduct in Plaintiffs Motion for Joinder, filed by Holt & Young, P.C.. (Berk, David) (Entered: 07/27/2022) |
| 07/29/2022 | 12 | First AMENDED ANSWER to 1 Complaint by Holt & Young, P.C., filed. (Berk, David) (Entered: 07/29/2022) |
| 08/01/2022 | 13 | MOTION for Preliminary Injunction( Motion Docket Date 8/22/2022.), MOTION for Temporary Restraining Order by Jill Sweeney, Patrick Sweeney, filed. (dhansen, 4) (Entered: 08/01/2022) |
| 08/01/2022 | 14 | RESPONSE in Opposition to 13 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, filed by Holt & Young, P.C.. (Berk, David) (Entered: 08/01/2022) |
| 08/16/2022 | 15 | MOTION for Temporary Restraining Order Issued Without Notice by Patrick Sweeney, filed. Motion Docket Date 9/6/2022. (kpicota, 4) (Entered: 08/16/2022) |
| 08/16/2022 | 16 | RESPONSE in Opposition to 15 MOTION for Temporary Restraining Order, filed by Holt & Young, P.C.. (Berk, David) (Entered: 08/16/2022) |
| 08/22/2022 | 17 | MOTION for Sanctions against David K. Berk and Holt & Young, P.C. for Filing Documents with False Material Statements by Patrick Sweeney, filed. Motion Docket Date 9/12/2022. (Attachments: # 1 Exhibit) (RachelWillborg, 4) (Entered: 08/23/2022) |
| 08/23/2022 | 18 | ORDER denying 13 Motion for Preliminary Injunction; denying 13 Motion for Temporary Restraining Order; denying 15 Motion for Temporary Restraining Order.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 08/23/2022) |
| 08/26/2022 | 19 | PROPOSED ORDER re: 17 MOTION for Sanctions, filed.(gclair, 4) (Entered: 08/26/2022) |
| 09/09/2022 | 20 | RESPONSE in Opposition to 17 MOTION for Sanctions, filed by Holt & Young, P.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(Berk, David) (Entered: 09/09/2022) |
| 09/13/2022 | 21 | ORDER denying 17 Motion for Sanctions Against Attorney David K. Berk and Holt & Young, P.C., for Filing Documents with False Material Statements.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 09/13/2022) |
| 09/30/2022 | 22 | DESIGNATION OF EXPERT WITNESS LIST by Holt & Young, P.C., filed.(Berk, David) (Entered: 09/30/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/10/2022 17:20:56 |
Answer to complaint (Jun 19) and motion(s) to dismiss filed on Jun 22.
Answer to Complaint filed May 19, 2022
Champion Forest HOA Management Company
Principal Management Group of Houston*
We are here to assist in protecting property values and to support in making your community a pleasant neighborhood in which to live.
Community Manager ~ Shannon Lewis
Our office works under the direction of your Board of Directors on all issues concerning your community.
The Community Manager, Shannon Lewis is the PMG team leader for Champion Forest Fund, Inc. and attends to the administration aspects of the Association, which include attending the Board meetings, maintaining the Association records, helping negotiate contracts for the Association, and acting as a liaison between the Board of Directors and the members of the Association.
The PMG team also oversee the inspection of the homeowner properties for the Association on a monthly basis to ensure homeowners are maintaining their properties in accordance with the Deed Restrictions.
Our primary concern is to provide you, our customer, with the most efficient and comprehensive service possible. In order to achieve this, all phone calls and emails are answered within 48 hours. We recognize that your time is valuable and our objective is to minimize the time required for you to obtain information relating to your Association. Our office hours are 8:30 a.m. – 5:00 p.m. Monday through Friday.
We also have a Community Manager on call seven days a week, twenty-four hours a day for your EMERGENCY NEEDS. They can be reached at 713-329-7100.
Pressing (9) will connect you to our After-Hours Service.
Our office address is:
Associa – PMG Houston
11000 Corporate Centre Drive
Ste. 150 Houston,
Texas 77041
Office Telephone: (713) 329-7100
Community Manager ~ Shannon Lewis
Email : s.lewis@pmghouston.com Direct Telephone : (713) 329-7136
Assistant Community Manager ~ Cristy Garza-Loya
Email: mgarzaloya@pmghouston.com Direct Telephone : (713) 329-7187
Please do not hesitate to contact us for matters pertaining to your community.
Is your Annual Assessment overdue?
The 2022 assessment remains at $250, per lot.
Assessments are due on the 1st of January each year and are considered overdue if not received by the 1st of February.
Failure to pay on time creates an automatic lien on your property.
The maintenance of our beautiful Champion Forest subdivision is dependent on every homeowner contributing toward our joint expenses. As residents, we all benefit from services that enhance our community’s value. Services like our, street lighting, mosquito control, common area and common property maintenance, landscaping, enforcement of our subdivision covenants are paid for directly by our annual association fees.
Any failure to pay this assessment fee, on time, puts this important work at risk and places an undue burden on the homeowners who are abiding by the legal deed restrictions of Champion Forest.
Delinquent assessments will be charged a late fee of $50 on the 1st of February and from that point, interest, and fees will start to accrue. A second late fee of $150 will be charged to accounts not paid by March 1st. Appropriate, legal action with significant costs to you will be initiated, in line with the collection policies.
Please understand that you will be in violation of the deed restrictions that you agreed to at the time of purchase of your property if payment is not made in a timely manner.
In order to avoid unnecessary costs to yourself and our community, please pay your assessments on time. If your circumstances make full payment at this time impossible, please contact PMG, our management company to set up a payment plan, as permitted by law, and to help avoid any complications.
Payments can be sent to the lockbox address is below. Please make sure your account number is on the check so it is deposited correctly. Thank you.
Champion Forest Fund, Inc
PMG Houston
PO Box 3157
Houston, TX 77253-3157
Did you know you can view your account and quickly and easily make your assessment payment via our TownSq app?
Register for our Champion Forest Fund, Inc. free TownSq app and discover online services that provide instant access to our community’s documents, keep you informed of community happenings, announcements, and meetings, provide a quick and efficient way to contact PMG, provide vital emergency information during critical times and even allow you to view and pay your annual assessment online.
Note that TownSq charges a convenience fee for this service.
If you aren’t into apps, be assured you can still contact PMG by phone or email and all the usual annual correspondence will still come to you by mail.
Check your welcome letter, or statement from Associa Principal Management Group which has your details, personal account number on the address page.
You will need your account number to register.
TownSq help number: 1-844-281-1728
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