LIT UPDATE, POST JUDGMENT
NOV 22, 2023
Schultz v. Deutsche Bank National Trust Company
(3:22-cv-00094)
District Court, S.D. Texas
MAR 24, 2022 | REPUBLISHED BY LIT: JUN 11, 2022
FINAL JUDGMENT AND ORDER OF FORECLOSURE.
Case terminated on 5/1/2023
(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 05/01/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:22-cv-00094
Schultz v. Deutsche Bank National Trust Company Assigned to: Judge Jeffrey V Brown
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/24/2022 Date Terminated: 05/01/2023 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
09/08/2022 | 19 | RETURN of Service of SUMMONS Executed as to Meredith Ann Schultz served on 8/18/2022, answer due 9/8/2022, filed.(Frame, Nicholas) (Entered: 09/08/2022) |
11/04/2022 | 20 | DESIGNATION OF EXPERT WITNESS LIST by Deutsche Bank National Trust Company, filed. (Attachments: # 1 Exhibit)(Frame, Nicholas) (Entered: 11/04/2022) |
01/26/2023 | 21 | Joint MOTION for Extension of Time Extend Dispositive Motion Deadline by Deutsche Bank National Trust Company, filed. Motion Docket Date 2/16/2023. (Attachments: # 1 Proposed Order)(Frame, Nicholas) (Entered: 01/26/2023) |
01/30/2023 | 22 | ORDER granting 21 Motion for Extension of Time; Motion-related deadline set re: 21 Joint MOTION for Extension of Time Extend Dispositive Motion Deadline. Dispositive Motion Filing due by 3/15/2023..(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 01/30/2023) |
03/15/2023 | 23 | MOTION for Summary Judgment And Brief in Support by Deutsche Bank National Trust Company, filed. Motion Docket Date 4/5/2023. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Frame, Nicholas) (Entered: 03/15/2023) |
03/29/2023 | 24 | RESPONSE to 23 MOTION for Summary Judgment And Brief in Support filed by Meredith Ann Schultz, Richard E. Schultz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order Denying Deutsche Bank’s Motion for Summary Judgment)(Vilt, Robert) (Entered: 03/29/2023) |
04/04/2023 | 25 | REPLY in Support of 23 MOTION for Summary Judgment And Brief in Support, filed by Deutsche Bank National Trust Company. (Frame, Nicholas) (Entered: 04/04/2023) |
04/20/2023 | 26 | ORDER (Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) (Entered: 04/20/2023) |
05/01/2023 | 27 | MEMORANDUM OPINION AND ORDER granting 23 MOTION for Summary Judgment And Brief in Support (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 05/01/2023) |
05/01/2023 | 28 | FINAL JUDGMENT AND ORDER OF FORECLOSURE. Case terminated on 5/1/2023 (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 05/01/2023) |
PACER Service Center | |||
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05/01/2023 16:38:13 |
Once LIT started trackin’ all foreclosures in Texas, this new document appeared. It’s in violation of transparency – open courts, open dockets.
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.
Initial Conference set for 7/13/2022 at 09:00 AM in by video before Magistrate Judge Andrew M Edison
(Signed by Judge Jeffrey V Brown)
Parties notified.
(CynthiaBenavides, 3) (Entered: 03/25/2022)
Schultz and Vilt v. Deutsche Bank @DeutscheBank
The German Wolves have lost their bite before Judge Jeff Brown as Bandit Lawyer Robert C. Vilt controls the Judiciary with, we suspect, is his Little Black Book of Backhanders. https://t.co/BTHYrnc3I5— lawsinusa (@lawsinusa) October 24, 2022
Return of Service Executed.
UPDATE (Aug 24): No movement since this filing below:
ANSWER to 2 Amended Answer, Third Party Complaint, Counterclaim, ANSWER to 2 Amended Answer, Third Party Complaint, Counterclaim, by Richard E. Schultz, filed. (Vilt, Robert) (Entered: 07/25/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:22-cv-00094
Create an Alert for This Case on RECAP
Schultz v. Deutsche Bank National Trust Company Assigned to: Judge Jeffrey V Brown
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/24/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
07/13/2022 | 15 | DOCKET CONTROL ORDER. Amended Pleadings due by 7/22/2022. Joinder of Parties due by 7/22/2022 Pltf Expert Witness List due by 10/7/2022. Pltf Expert Report due by 10/7/2022. Deft Expert Witness List due by 11/4/2022. Deft Expert Report due by 11/4/2022. Discovery due by 1/20/2023. Dispositive Motion Filing due by 1/27/2023. Non-Dispositive Motion Filing due by 3/17/2023. Exchange Pretrial Materials due by 5/5/2023. Docket Call set for 5/12/2023 at 09:30 AM in Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3) (Entered: 07/14/2022) |
07/21/2022 | 16 | Request for Issuance of Summons as to Meredith Ann Schultz, filed.(Cronenwett, Mark) (Entered: 07/21/2022) |
07/22/2022 | 17 | Summons Issued as to Meredith Ann Schultz. Issued summons delivered to plaintiff by NEF, filed.(VanesaAranda, 3) (Entered: 07/22/2022) |
07/25/2022 | 18 | ANSWER to 2 Amended Answer,, Third Party Complaint,, Counterclaim,, ANSWER to 2 Amended Answer,, Third Party Complaint,, Counterclaim, by Richard E. Schultz, filed.(Vilt, Robert) (Entered: 07/25/2022) |
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07/31/2022 13:30:15 |
SOME OF CLAY VILT’S CLIENTS GET SERVICE, OTHERS DON’T
JOINT DISCOVERY/CASE MANAGEMENT PLAN
under Rule 26(f) of the Federal Rules of Civil Procedure
Pursuant to Federal Rule of Civil Procedure 26(f) and this Court’s Order for Conference and Disclosure of Interested Parties (Dkt. No. 4) (the “Order”), Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-R41 (“Deutsche” or “Defendant”) and Richard E. Schultz (“Plaintiff”) file this Joint Discovery/Case Management Plan and respectfully shows the Court as follows:
(1) State when the conference among the parties required by Rule 26(f) of the Federal Rules of Civil Procedure was held, and identify the counsel who attended for each party, including name, address, bar number, phone and fax numbers, and email addresses.
The Parties conferred on July 6, 2022 by email correspondence.
LIT: Is Clay Vilt having to email from Jail?
(2) List the cases related to this one that are pending in any state of federal court with the case number and court, and state how the cases are related.
None.
LIT: Wrong, there’s at least 4 other cases which are pending immediate dismissal because Vilt has been caught acting criminally. Apparently, Judge Jeff Brown is aidin’ and abetting Robert Clayton Vilt’s crimes.
One Down. Four Vilt Cases from June 22 to Go @uscourts https://t.co/wEImpZrQLv pic.twitter.com/5oAG4Pzbtb
— lawsinusa (@lawsinusa) June 29, 2022
(3) Briefly describe what this case is about.
The allegations in the Petition relate to a deed of trust and foreclosure proceedings on Plaintiff’s real property located at 6717 S.F. Austin, Jones Creek, Texas 77541 (the “Property”).
(See Petition at ¶6).
In the Petition, Plaintiff alleges that foreclosure of the Property should not proceed because of Defendant’s alleged wrongful conduct relating to the servicing of Plaintiff’s account and notices relating to foreclosure.
(Id. at ¶¶ 7-15.).
Defendant has filed a Counterclaim seeking an Order to proceed with foreclosure against Plaintiff and Third Party Defendant, Meredith Ann Schultz.
The Foreclosure Scam Squad Series: The Villainous Outlaws, Bady Bunch and Fraudulent Special Warranty Deed that even Quilling @QSLWMLawFirm knows is unlawful. https://t.co/uO0Uyih7CZ@jpmorgan @60Minutes @JudgeClayJ @uscourts @FBIHouston @USMarshalsHQ @RandPaul @ABC @WSJ @nytimes
— lawsinusa (@lawsinusa) July 5, 2022
(4) Identify any issues as to service of process, personal jurisdiction, or venue.
None at this time.
(5) Federal Jurisdiction
a. Specify the allegation of federal jurisdiction.
There is diversity jurisdiction in this Court because there is complete diversity of citizenship between Plaintiffs and Defendants, and more than $75,000.00 is in controversy, exclusive of interest and costs. See 28 U.S.C. § 1332.
b. Identify the parties, if any who disagree with the plaintiff’s federal jurisdictional allegations and state their reasons.
None.
Update, foreclosure removed from state to federal court, but what happens after removal is more important…https://t.co/Er3UmBjxZs
— lawsinusa (@lawsinusa) July 5, 2022
c. If federal jurisdiction is based on diversity of citizenship and any of the parties is a limited liability entity, please state the citizenship of each of the members of the limited liability entity. When members of a limited liability entity are themselves entities or associations, citizenship must be traced through however many layers of members there are until arriving at the entity that is not a limited liability and identifying its citizenship. See Acadian Diagnostic Labs., L.L.C. v. Quality Toxicology, L.L.C., 965 F.3d 404, 408 fn.1 (5th Cir. 2020).
Not applicable.
(6) List anticipated additional parties that should be included, when they can be added by whom they are wanted.
None at this time.
The Foreclosure Scam Squad Series: Klander Kicked Out of His Homestead By A Fraudulent Conveyance https://t.co/F7ChuG1whe
— lawsinusa (@lawsinusa) July 4, 2022
(7) List anticipated interventions.
None at this time.
(8) Describe class-action or collective-action issues.
None.
Once Admired Judges in Black Robes are now Outlaws Operating Outwith and Above the Law. Judges are also the most protected. To Remain So, They Need to Keep Lawyers on Their Side. Our Latest Article (from a Series) Exposes the Dark, Ex-Parte Lawyer Docket.
https://t.co/vF5SLIY3zY— lawsinusa (@lawsinusa) July 2, 2022
(9) State whether each party represents that it has made disclosures required by Rule 26(a). If not, describe the arrangements that have been made to complete the disclosures.
Defendant has not made initial disclosures but has set a deadline of July 13, 2022 to complete the disclosures.
Plaintiff made its initial disclosures on June 22, 2022.
(10) If the case includes a claim for attorneys’ fees, state whether the parties agree to submit the fees issue to the court for resolution on affidavits or declarations, after the other issues are resolved.
The parties agree to submit attorneys’ fees to the court for resolution on affidavit or declaration.
(11) Describe the proposed agreed discovery plan, including:
a) Responses to the matters raised in 26(f), including any agreements (and disputes) concerning electronic and other discovery:
The Parties do not anticipate any changes in the timing, form, or requirement for disclosures under Rule 26(a).
The Parties do not know of any issues about disclosure or discovery of electronically stored information (ESI), including the form(s) in which it should be produced is known at this time.
Rogue Clay Vilt is also popular with Judge Jeff Brown in Galveston. 3 out of 5 foreclosure cases are Vilt’s. Now y’all will have seen our follow-up today on the Forsythe Foreclosure Scam Case. Clay Vilt is all over that and proves he should be disbarred and wearing orange. pic.twitter.com/tLD9kW8sms
— lawsinusa (@lawsinusa) June 28, 2022
b) Any threshold issues-such as limitations, jurisdiction, or immunity-that should be scheduled for early resolution, which discovery targeted to those issues may need d to occur early, and how long this targeted discovery will be.
None at this time.
(12). Experts
Vilt Law dot Com. We STOP foreclosures by FRAUD.https://t.co/m6ct6zBtP2
— lawsinusa (@lawsinusa) June 30, 2022
A. Are experts needed on issues other than attorneys’ fees?
The parties do not anticipate the need for experts other than attorneys’ fees,
B. If medical experts are needed, identify whether they are only treating physicians or also designated on other issues.
Not applicable.
C. The date the party with the burden of proof on an issue will be able to designate experts and provide the reports required by Rule 26(a)(2)(B)
Plaintiff has already designated his expert for attorney fees and does not anticipate designating any further experts.
D. The date the opposing party will be able to designate responsive experts and provide the reports required by Rule 26(a)(2)(B)
Defendant anticipates it will able to designate experts before the end of the discovery period, proposed to be December 28, 2022.
(13) State the date discovery can reasonably be completed.
The Parties anticipate discovery will be completed by December 28, 2022.
(14) If the parties are not agreed on a part of the discovery plan, describe the separate views and proposals of each party.
No disputes regarding discovery at this time.
Rogue Lawyer Clay Vilt’s popular with Judge Al Bennett, 2 out of 3 cases and he’s the foreclosure defense lawyer. The rogue y’all allowed to return to work on June 22. We’ll be stoppin’ that shortly with another REVELATION, not the Christian kind, the Corrupt kind of REVELATION. pic.twitter.com/gQ2xieHLIm
— lawsinusa (@lawsinusa) June 28, 2022
(15) Specify the discovery beyond initial disclosures that has been undertaken to date.
None.
(16) Describe the possibilities for a prompt settlement or resolution of the case that were discussed in your Rule 26(f) meeting.
The Parties are open to settlement discussions
(17) From the attorneys’ discussions with their client(s), state the alternative dispute resolution techniques that are reasonably suitable.
If the Court believes that it is in the best interest of the Parties, the Parties would consent to mediation in an effort to settle this matter.
(18) With the consent of all parties, United States Magistrate Judge Andrew Edison may preside and hear jury and non-jury trials. Indicate the parties’ joint position on a trial before Magistrate Judge Edison.
The parties do not consent to refer this case to the magistrate judge.
Who’s workin’ on the case? We’re on fire postin’ every day proof of a criminal enterprise – unlawfully stealin’ affordable homes from distressed TX owners.https://t.co/0M6Z9AXQ9u#txlege @HarrisCountyAO @HouseIntel @FBI @USAO_SDTX @RandPaul @JudiciaryGOP @TexasGOP @DanPatrick
— lawsinusa (@lawsinusa) July 1, 2022
(19) State whether a jury demand has been made and if it was made on time.
No jury demand has been made.
(20) Specify the number of hours it will take to present evidence in this case.
The parties anticipate it will take 4-8 hours to present evidence in this case.
(21) List pending motions that could be ruled on at the initial pretrial and scheduling conference.
None at this time.
While y’all are at the CCTX scam, here’s New Millenia aka Sandy Forsythe – she even provided an affidavit of her guilt: https://t.co/9A0GOk8k33 @washingtonpost @nypost @MotherJones @ReutersLegal @MSNBC @CNBC @FoxNews @dallascowboys @HoustonTexans @FTC @FBI @FBIMostWanted @TXAG pic.twitter.com/DBNVF6SJOb
— lawsinusa (@lawsinusa) June 28, 2022
(22) List other pending motions.
None at this time.
(23) List issues or matters, including discovery, that should be addressed at the conference.
None at this time.
Who’s investigatin’ the criminal scam?
Or do we have to make more noise?https://t.co/t51uxjfjcB@TXsecofstate @TXAG @USAO_SDTX @uscourts @SupremeCourt_TX @statebaroftexas @FBIHouston @USMarshalsHQ @lakewoodchurch @Pontifex @60Minutes @WSJ @nytimes @Reuters @Telegraph @DailyMail— lawsinusa (@lawsinusa) June 27, 2022
(24) Certify that all parties have filed Disclosure of Interested Parties as directed in the Order for Conference and Disclosure of Interested Parties, listing the date of filing for original and any amendments.
Defendant has filed a Disclosure of Interested Parties. [ECF No. 3]. Plaintiff has filed its Disclosure of Interested Parties. [ECF No. 8].
Here’s the list y’all….start dismissing the rogue lawyer Clay Vilt’s cases ASAP, he’s a criminal. pic.twitter.com/eolkKJGoit
— lawsinusa (@lawsinusa) July 1, 2022
/s/ Robert C. Vilt
July 6, 2022
Robert C. Vilt
Counsel for Plaintiff
/s/ Nicholas M. Frame
July 6, 2022
Nicholas M. Frame
Counsel for Defendant
Respectfully submitted,
By: /s/ Nicholas M. Frame
MARK D. CRONENWETT
Attorney in Charge
Texas Bar No. 00787303
Southern District Bar No. 21340
mcronenwett@mwzmlaw.com
NICHOLAS M. FRAME
Of Counsel
Texas Bar No. 24093448
Southern District Bar No. 3121681
nframe@mwzmlaw.com
MACKIE WOLF ZIENTZ & MANN, P. C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
Telephone: (214) 635-2650
Facsimile: (214) 635-2686
ATTORNEYS FOR DEFENDANT
Jun 22 reboot; Initial Disclosures, CIP (this is 75 days past due when filed) and Witnesses filed by Clay Vilt. So he’s alive and well for select clients and not others.
The appearance of Ochlocracy is overwhelming. Watch this video folks and understand that judges and lawyers are conspiring (ex-parte) against the citizens of America. It’s critical to democracy laws n’ rules are applied evenly to all. That ain’t happenin’ in our courts. @uscourts pic.twitter.com/LMG9ebgziT
— lawsinusa (@lawsinusa) June 24, 2022
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:22-cv-00094
Create an Alert for This Case on RECAP
Schultz v. Deutsche Bank National Trust Company Assigned to: Judge Jeffrey V Brown
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/24/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
06/22/2022 | 7 | INITIAL DISCLOSURES by Richard E. Schultz, filed.(Vilt, Robert) (Entered: 06/22/2022) |
06/22/2022 | 8 | CERTIFICATE OF INTERESTED PARTIES by Richard E. Schultz, filed.(Vilt, Robert) (Entered: 06/22/2022) |
06/22/2022 | 9 | DESIGNATION OF EXPERT WITNESS LIST by Richard E. Schultz, filed. (Attachments: # 1 Exhibit Resume of Robert Vilt)(Vilt, Robert) (Entered: 06/22/2022) |
PACER Service Center | |||
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06/23/2022 13:26:09 |
PROTECTIVE ORDER (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/31/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:22-cv-00094
Create an Alert for This Case on RECAP
Schultz v. Deutsche Bank National Trust Company Assigned to: Judge Jeffrey V Brown
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/24/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Plaintiff | ||
Richard E. Schultz | represented by | Robert Clayton Vilt Vilt and Associates – TX, P.C. 5177 Richmond Ave Suite 1142 Houston, TX 77056 713-840-7570 Fax: 713-877-1827 Email: clay@viltlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
Deutsche Bank National Trust Company | represented by | Mark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDNicholas Michael Frame Mackie Wolf Zientz Mann, P.C. 5177 Richmond Avenue Suite 1230 Houston, TX 77056 713-730-3219 Email: nframe@mwzmlaw.com ATTORNEY TO BE NOTICED |
Third Party Defendant | ||
Meredith Ann Schultz | ||
ThirdParty Plaintiff | ||
Deutsche Bank National Trust Company | represented by | Mark Douglas Cronenwett , Mackie Wolf Zientz & Mann, P.C.14160 North Dallas Parkway Suite 900Dallas, TX 75254214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDNicholas Michael Frame (See above for address) ATTORNEY TO BE NOTICED |
Counter Claimant | ||
Deutsche Bank National Trust Company | represented by | Mark Douglas Cronenwett , (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDNicholas Michael Frame (See above for address) ATTORNEY TO BE NOTICED |
V. | ||
Counter Defendant | ||
Richard E. Schultz | represented by | Robert Clayton Vilt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
03/24/2022 | 1 | NOTICE OF REMOVAL from 239th Judicial District of Brazoria County, Texas, case number 116730-CV (Filing fee $ 402 receipt number ATXSDC-27930301) filed by Deutsche Bank National Trust Company. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 03/24/2022) |
03/24/2022 | 2 | First AMENDED ANSWER to 1 Notice of Removal,, THIRD PARTY COMPLAINT against Richard E. Schultz, Meredith Ann Schultz, COUNTERCLAIM against Richard E. Schultz, Meredith Ann Schultz by Deutsche Bank National Trust Company, filed. (Frame, Nicholas) (Entered: 03/24/2022) |
03/24/2022 | 3 | CERTIFICATE OF INTERESTED PARTIES by Deutsche Bank National Trust Company, filed.(Frame, Nicholas) (Entered: 03/24/2022) |
03/25/2022 | 4 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/13/2022 at 09:00 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(CynthiaBenavides, 3) (Entered: 03/25/2022) |
03/31/2022 | 5 | ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/31/2022) |
03/31/2022 | 6 | PROTECTIVE ORDER (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/31/2022) |
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06/11/2022 07:53:37 |