ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE HELD ON August 11, 2022 at 9:00 AM
Appearances: Waived
The following schedule shall govern the disposition of this case: Discovery to be completed by: January 31, 2023
Dispositive motions due by: February 20, 2023 Docket call to be held at 11:30 AM on: June 5, 2023 Estimated trial time: 3-4 days Bench Trial
The following rulings were made:
Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court.
Attorney’s fee applications are handled on the papers of the parties after notice.
Expedited responses are required on all pretrial motions save dispositive motions.
SIGNED on August 10, 2022, at Houston, Texas.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00896
Create an Alert for This Case on RECAP
| Superior Consulting Group et al v. PHH Mortgage Corporation Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 03/18/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Superior Consulting Group | represented by | Rhonda Shedrick Ross , I Law Offices of Rhonda S. Ross Texas 121 East 12th St., Unit 6 Houston Houston, TX 77008 281-216-8778 Email: rhonda@rhondarossattorney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Tracey Woodson | represented by | Rhonda Shedrick Ross , I (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| PHH Mortgage Corporation | represented by | Alexis Nicole Del Rio McGlinchey Stafford 6688 N Central Expry 1000 Dallas, TX 75206 214-445-2412 Email: adelrio@mcglinchey.com ATTORNEY TO BE NOTICEDBrian A Paino McGlinchey Stafford 18201 Von Karman Ave Suite 350 Irvine, CA 92612 949-381-5914 Email: bpaino@mcglinchey.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Mortgage Electronic Registration Systems, Inc. | represented by | Brian A Paino (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/18/2022 | 1 | NOTICE OF REMOVAL from 61st Judicial District Court, Harris County, Texas, case number 2022-10621 (Filing fee $ 402 receipt number BTXSDC-27903795) filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit A – State Court File, # 2 Exhibit B – Harris County CAD, # 3 Civil Cover Sheet, # 4 Supplement)(Paino, Brian) (Entered: 03/18/2022) |
| 03/26/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 8/11/2022 at 09:00 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/26/2022) |
| 07/29/2022 | 3 | CORPORATE DISCLOSURE STATEMENT by PHH Mortgage Corporation identifying Ocwen Financial Corporation as Corporate Parent, filed.(Del Rio, Alexis) (Entered: 07/29/2022) |
| 07/29/2022 | 4 | CERTIFICATE OF INTERESTED PARTIES by PHH Mortgage Corporation, filed.(Del Rio, Alexis) (Entered: 07/29/2022) |
| 08/01/2022 | 5 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by PHH Mortgage Corporation, filed.(Paino, Brian) (Entered: 08/01/2022) |
| 08/11/2022 | 6 |
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on August 11, 2022 at 9:00 a.m. Appearances: Waived. Telephonic appearances are waived. Discovery due by 1/31/2023. Dispositive Motion Filing due by 2/20/2023. Docket Call set for 6/5/2023 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney’s fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions. ETT: 3-4 days. Bench trial. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 08/11/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/30/2022 17:27:58 |
Case frozen since March 26. This means, y’all guessed it, the CIP is very, very late for Superior, a paralegal fighting foreclosure and her sanctioned counsel against PHH’s open checkbook and counsel, the Brisket firm of McGlinchey Stafford. One of the longest times to set an initial conference too. It’s 139 days rather than the 90 days.
Update; July 29 – LIT’s glad to be of service in reminding counsel to file the CIP, we’re delighted our case trackin’ is assistin’ y’all. Have no fear, your tardiness will be blanked by the court, based on past behavior.
Tracey Woodson’s Lawyer has been sanctioned in S.D. Tex. by Judge Hughes in prior foreclosure defense cases.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00896
Create an Alert for This Case on RECAP
| Superior Consulting Group et al v. PHH Mortgage Corporation Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 03/18/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/18/2022 | 1 | NOTICE OF REMOVAL from 61st Judicial District Court, Harris County, Texas, case number 2022-10621 (Filing fee $ 402 receipt number BTXSDC-27903795) filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit A – State Court File, # 2 Exhibit B – Harris County CAD, # 3 Civil Cover Sheet, # 4 Supplement)(Paino, Brian) (Entered: 03/18/2022) |
| 03/26/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 8/11/2022 at 09:00 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/26/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 05/17/2022 16:09:03 |
Superior Consulting Group v. PHH Mortgage Corporation
(4:22-cv-00896)
District Court, S.D. Texas
MAR 18, 2022 | REPUBLISHED BY LIT: APR 16, 2022
DEFENDANT’S NOTICE OF REMOVAL
Defendant PHH Mortgage Corporation (“PHH”) hereby gives notice of the removal of the state court action described below on the basis of diversity jurisdiction.
As grounds for the removal, Defendant respectfully states as follows:
I. INTRODUCTION
1. On February 21, 2022, Plaintiffs Superior Consulting Group (“Superior Consulting”) and Tracey Woodson (“Woodson,” and together with Superior Consulting, the “Plaintiffs”) filed their Original Petition, which initiated a state court action numbered and styled as Cause No. 2022-10621, Superior Consulting Group and Tracey Woodson v. PHH Mortgage Corporation, Guild Mortgage Company fdba Cornerstone Mortgage Company, and Mortgage Electronic Registration Systems, Inc., in the 61st Judicial District, Harris County, Texas (the “State Court”).
2. The day after they filed their Original Petition, on February 22, 2022, Plaintiffs filed their Amended Original Petition and Application for Temporary Restraining Order, Temporary Injunction and Request for Disclosure (the “Amended Petition”). In their Amended Complaint, Plaintiffs assert claims for: (a) statutory fraud; (b) common law fraud; (c) breach of contract; and (d) quiet title. Plaintiffs also seek declaratory and injunctive relief related to the real property commonly known as 16107 Sheldon Ridge Way, Harris County, Houston, TX (the “Property”).
3. On February 24, 2022, the State Court entered an Order Granting Temporary Restraining Order.
4. On March 11, 2022, Plaintiffs filed a Notice of Nonsuit and Dismissal wherein they asked the State Court to sign an Order of Nonsuit on their claims against Guild Mortgage Company fdba Cornerstone Mortgage Company (“Cornerstone”) and Mortgage Electronic Registration Systems, Inc. (“MERS”).
The State Court entered an Order of Nonsuit on March 11, 2022, wherein it dismissed Cornerstone and MERS from this action.
5. On March 18, 2022, Defendants filed an answer to the Amended Complaint.
6. In accordance with 28 U.S.C. § 1446(a), copies of all process, pleadings, orders, and other papers filed in the State Court action and obtained by Defendant are attached hereto and marked as composite Exhibit A and incorporated herein by reference.
II. TIMELINESS OF NOTICE OF REMOVAL
7. As of the date of this notice, Defendants have not been served with a citation.
Therefore, pursuant to 28 U.S.C. § 1446(b)(1), this removal is timely.1
1 See 28 U.S.C. § 1446(b)(1);
see also Thompson v. Deutsche Bank Nat’l Tr. Co., 775 F.3d 298, 303 (5th Cir. 2014)
(the federal removal and jurisdiction statutes “clearly provide that a defendant’s right to removal runs from the date on which it is formally served with process.”)
(citations omitted).
III. BASIS FOR REMOVAL: DIVERSITY JURISDICTION
8. This Court has original jurisdiction over this lawsuit pursuant to 28 U.S.C. § 1332 because it is between citizens of different states and the amount in controversy exceeds $75,000, exclusive of interest and costs, as discussed more fully below.
A. Complete Diversity Exists.
9. For purposes of diversity, the citizenship of an individual is determined by their state of domicile.2 Woodson alleges that she is a resident of Harris County, Texas.3 By virtue of this allegation, Woodson is a citizen of Texas for purposes of diversity jurisdiction.4
10. Under Texas law, a sole proprietorship has no legal existence apart from its owners.5
Thus, a sole proprietorship lacks the capacity to sue independent from its sole proprietor.6
Plaintiffs allege that Superior Consulting is a sole proprietorship.7
Because Superior Consulting has no legal existence or capacity to sue under Texas law, its citizenship can be disregarded.
Even if Superior Consulting’s citizenship were considered, there is still complete diversity between the parties.
Indeed, the citizenship of a sole proprietorship is determined by the citizenship of its owner.8
Upon information and believe, the sole proprietor of Superior Consulting is Anthony Welch, who is a citizen of the State of Texas.
2 See Stine v. Moore, 213 F.2d 446, 448 (5th Cir. 1954).
3 See Amended Petition, ¶ 2.
4 Hollinger v. Home State Mut. Ins. Co., 654 F.3d 564, 571 (5th Cir. 2011) (For purposes of determining citizenship, “[e]vidence of a person’s place of residence [] is prima facie proof of his domicile.”).
5 See Brantley v. Kuntz, 98 F.Supp.3d 884, 887 (W.D. Tex. 2015).
6 See Horie v. Law Offices of Art Dula, 560 S.W.3d 425, 434 (Tex. App.—Houston [14th Dist.] 2018) (“[T]he assumed name of a sole proprietorship is not a separate legal entity or even a different capacity of the individual sole proprietor.”).
7 See Amended Petition, ¶ 2.
8 See Nyamtsu v. Melgar, 2013 WL 6230454, at *3 (S.D. Tex. 2013).
11. PHH is a New Jersey Corporation with its principal place of business located at 1 Mortgage Way, Mt. Laurel, New Jersey 08054. A corporation is a citizen of the state where it is incorporated and the state where it has its principal place of business.9 Therefore, for diversity purposes, PHH is a citizen of New Jersey.
12. Because Plaintiffs are citizens of Texas and Defendant is not a citizen of Texas, complete diversity of citizenship exists between Defendant and Plaintiffs.
B. The amount in controversy exceeds $75,000.00.
13. As noted above, Plaintiffs seek declaratory relief, quiet title, and injunctive relief with respect to the Property. When this type of relief is sought, the amount in controversy is measured by the value of the property at issue.10 The value of the Property is at least $175,377.11 Therefore, based on the relief Plaintiffs seek in the Amended Petition, the amount in controversy exceeds $75,000.00.
IV. VENUE
14. Venue for this removal is proper in the United States District Court for the Southern District of Texas, Houston Division, because this district and division includes Harris County, Texas, which is the location of the pending State Court action.12
V. ADDITIONAL REQUIREMENTS
15. Written Notice of Removal will be provided to Plaintiffs and filed with the District Clerk of Harris County, Texas.
9 28 U.S.C. § 1332(c)(1); Lincoln Prop. Co. v. Roche, 546 U.S. 81, 88-90 (2005).
10 Nationstar Mortg. LLC v. Knox, 351 F. App’x 844, 848 (5th Cir. 2009); Waller v. Pro Ins. Corp., 296 F.2d 545, 547 (5th Cir. 1961).
11 See Harris County Appraisal District Summary attached as Exhibit B. The Court may take judicial notice of this document because it is a public record and the information it provides is readily ascertainable and the source—the Harris County Appraisal District—cannot reasonably be questioned. See Funk v. Stryker, 631 F.3d 777, 783 (5th Cir. 2011).
12 See 28 U.S.C. § 1441(a); 28 U.S.C. § 124(b)(2) (stating that the Houston Division of the Southern District includes Harris County).
16. In the event that Plaintiffs seek to remand this case, or the Court considers remand sua sponte, Defendants respectfully request the opportunity to submit such additional argument or evidence in support of removal as may be necessary.
WHEREFORE, having satisfied the requirements for removal, Defendants give notice that Cause No. 2022-10621, originally filed in the 61st Judicial District, Harris County, Texas, has been removed to this Court.
Respectfully submitted,
By: /s/ Brian A. Paino
BRIAN A. PAINO
State Bar No. 24065862
bpaino@mcglinchey.com
MCGLINCHEY STAFFORD
6688 N. Central Expressway, Suite 400
Dallas, Texas 75206
Telephone: (214) 445-2445
Facsimile: (214) 445-2450
ATTORNEY FOR DEFENDANT PHH MORTGAGE CORPORATION
CERTIFICATE OF SERVICE
I hereby certify that on March 18, 2022, a copy of the above and foregoing was filed electronically with the Clerk of Court. Notice of this filing has been forwarded to all parties, by and through their attorneys of record by operation of the Court’s electronic filing system and/or via email.
Via E-Mail
Rhonda S. Ross
Texas Bar I.D. 17299600
121 East 12th Street #6
Houston, Texas 77008
rhonda@rhondarossattorney.com
/s/ Brian A. Paino
BRIAN A. PAINO
There’s Only 744 Active Debt Collectors in the State of Texas, Andrews Myers PC is Not One of ‘Em
There’s an invasion of law firms violatin’ Texas debt collection laws. But if Outlaw State Judges blank the Rule of Law, it will continue.
Sen. Ron Johnson Cites ‘Malicious Poison’ But He’s Clearly Not Studied Texas Govt Nor Federal Judges in Texas
LIT: Senator Ron Johnson was an avid viewer of our social media account on Twitter leading up to this congressional nomination hearing.
What Do Judges Lynn Hughes, David Hittner and Patrick Higginbotham Have in Common?
Personal Vendettas: All pro se foreclosure cases end up on their desks sequentially and they are generally dismissed without due process.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00896
Create an Alert for This Case on RECAP
| Superior Consulting Group et al v. PHH Mortgage Corporation Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 03/18/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Superior Consulting Group | represented by | Rhonda Shedrick Ross , I Law Offices of Rhonda S. Ross Texas 121 East 12th St., Unit 6 Houston Houston, TX 77008 281-216-8778 Email: rhonda@rhondarossattorney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Tracey Woodson | represented by | Rhonda Shedrick Ross , I (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| PHH Mortgage Corporation | represented by | Brian A Paino McGlinchey Stafford 18201 Von Karman Ave Suite 350 Irvine, CA 92612 949-381-5914 Email: bpaino@mcglinchey.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Mortgage Electronic Registration Systems, Inc. | represented by | Brian A Paino (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/18/2022 | 1 | NOTICE OF REMOVAL from 61st Judicial District Court, Harris County, Texas, case number 2022-10621 (Filing fee $ 402 receipt number BTXSDC-27903795) filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit A – State Court File, # 2 Exhibit B – Harris County CAD, # 3 Civil Cover Sheet, # 4 Supplement)(Paino, Brian) (Entered: 03/18/2022) |
| 03/26/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 8/11/2022 at 09:00 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/26/2022) |
