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Sanctioned Texas Lawyer Jerry L. Schutza faces 3rd Disciplinary Case, this time filed by Avni
In our article titled “Real Scumbags Series: Who is Admonished Texas Lawyer Jerry L. Schutza?“, lawyer Schutza faced 3 disciplinary cases, one of which involves Avni. Here, we detail the facts of the underlying litigation and the State Bar complaint filed via the Commission for Lawyer Discipline.
We’ve started with the PDF below from the Commission, detailing the facts about the case(s) and recommend you read this first to obtain an overall understanding of the basics of the case.
We do wish to note, however, that the Avni family, also known as Kaminetzky are constantly litigating or facing charges in court and are proven slum lord landlords ( we have found in excess of 50 orders and opinions in Texas on a perfunctory review), but that’s the type of client who Schutza has chosen to fund his revenue stream over the years.
The Avni Case is Ongoing and Has Now Been Referred to the Same Judge in Shutza’s first disciplinary case. As at today’s date a default has been entered in favor of the Bar and Shutza’s objected. A hearing is pending re ultimate discipline to be rendered.
202045558 – AVNI, DORON (DORI) vs. SCHUTZA, JERRY L (Court 334)
Harris County Court – Legal Malpractice Lawsuit
Avni’s Original Petition (without exhibits) in State Court. (July 31, 2020)
The state court case is set for trial on August 29, 2022.
The “Recommended” Federal Lawsuit By Shutza – Terminated but Still Ongoing.
Avni v. JPAD Holdings, LLC
(4:18-cv-03119)
District Court, S.D. Texas
The case went against Avni but Avni appears to be continuing pro se, see docket below…
According to Avni’s complaint and supporting emails, Schutza recommended filing suit in federal court.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:18-cv-03119
| Avni v. JPAD Holdings, LLC Assigned to: Judge Andrew S Hanen |
| Related Case: | 4:18-cv-03478 |
Cause: 88:8888 Other Statutory ActionsDate Filed: 09/04/2018
Date Terminated: 11/24/2020
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: Federal Question
| Plaintiff | ||
| Doron Avni | represented by | Doron Avni 150-B Forest Drive Jericho, NY 11753 PRO SEJerry L Schutza Attorney at Law 815 Walker St Ste 1453 Houston, TX 77002 713-963-0081 Email: schutzalaw@yahoo.com TERMINATED: 05/11/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICEDPaul V Simon Pendergraft Simon LLP 2777 Allen Parkway, Suite 800 Houston, TX 77019 713-528-8555 Fax: 713-868-1267 Email: psimon@pendergraftsimon.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert L Pendergraft Attorney at Law 2777 Allen Parkway Ste 800 Houston, TX 77019 713-528-8555 Fax: 713-868-1267 Email: rlp@pendergraftsimon.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDWilliam P Haddock Attorney at Law 2777 Allen Parkway Ste 800 Houston, TX 77019 713-528-8555 Fax: 713-868-1267 Email: will@haddock.pro LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| JPAD Holdings, LLC TERMINATED: 06/30/2020 |
represented by | James David Brissee Williams Birnberg Andersen LLP 2000 Bering Dr Ste 850 Houston, TX 77057 713-981-9595 Email: jbrissee@wba-law.com ATTORNEY TO BE NOTICEDJerry D Patchen Patchen & Harkins 1400 Congress Avenue Houston, TX 77002 713-222-2000 Fax: 713-222-2329 Email: jpatchen@1400congress.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Tamar Avni TERMINATED: 06/30/2020 |
represented by | Robert L Pendergraft (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDWilliam P Haddock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Ehud Avni | ||
| Third Party Defendant | ||
| Tamar Avni TERMINATED: 06/30/2020 |
represented by | Paul V Simon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert L Pendergraft (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDWilliam P Haddock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Third Party Defendant | ||
| Dov Avni | represented by | Dov Avni 150-B Forest Drive Jericho, NY 11753 516-318-3791 Email: dovduba@aol.com PRO SE |
| ThirdParty Plaintiff | ||
| JPAD Holdings, LLC | represented by | Jerry D Patchen (See above for address) ATTORNEY TO BE NOTICED |
| Counter Claimant | ||
| JPAD Holdings, LLC TERMINATED: 06/30/2020 |
represented by | Jerry D Patchen (See above for address) ATTORNEY TO BE NOTICED |
| V. | ||
| Counter Defendant | ||
| Doron Avni TERMINATED: 06/30/2020 |
represented by | Jerry L Schutza (See above for address) TERMINATED: 05/11/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICEDPaul V Simon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert L Pendergraft (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDWilliam P Haddock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Counter Claimant | ||
| Doron Avni TERMINATED: 06/30/2020 |
represented by | Jerry L Schutza (See above for address) TERMINATED: 05/11/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICEDPaul V Simon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert L Pendergraft (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDWilliam P Haddock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Counter Defendant | ||
| JPAD Holdings, LLC TERMINATED: 06/30/2020 |
represented by | Jerry D Patchen (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/17/2019 | 40 | NOTICE of Written Discovery by JPAD Holdings, LLC, filed. (Patchen, Jerry) (Entered: 05/17/2019) |
| 05/21/2019 | 41 | NOTICE Designation of Expert by Doron Avni, filed. (Schutza, Jerry) (Entered: 05/21/2019) |
| 05/23/2019 | 42 | MOTION to Dismiss by Tamar Avni, filed. Motion Docket Date 6/13/2019. (Schutza, Jerry) (Entered: 05/23/2019) |
| 06/13/2019 | 43 | RESPONSE to 42 MOTION to Dismiss filed by JPAD Holdings, LLC. (Patchen, Jerry) (Entered: 06/13/2019) |
| 06/14/2019 | 44 | MOTION Substitute Service on EHUD AVNI by JPAD Holdings, LLC, filed. (Attachments: # 1 Proposed Order)(Patchen, Jerry) (Entered: 06/14/2019) |
| 06/14/2019 | 45 | ORDER granting 44 Motion for Substitute Service. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 06/14/2019) |
| 06/19/2019 | 46 | NOTICE of Written Discovery (RFA 3rd) by JPAD Holdings, LLC, filed. (Patchen, Jerry) (Entered: 06/19/2019) |
| 06/27/2019 | 47 | RETURN of Service of SUMMONS Executed as to Ehud Avni served on 6/20/2019, answer due 7/11/2019, filed.(Patchen, Jerry) (Entered: 06/27/2019) |
| 06/27/2019 | 48 | NOTICE of Filing Omitted Exhibit “A” re: 44 MOTION Substitute Service on EHUD AVNI by JPAD Holdings, LLC, filed. (Attachments: # 1 Exhibit Affidavit for Alternative Service)(Patchen, Jerry) (Entered: 06/27/2019) |
| 07/01/2019 | 49 | Expert Report of Richard Melamed by JPAD Holdings, LLC, filed. (Attachments: # 1 Exhibit Deed 1, # 2 Exhibit Deed 2, # 3 Exhibit Deed 3, # 4 Exhibit Deed 4, # 5 Exhibit Deed 5, # 6 Exhibit Deed 6, # 7 Exhibit Deed 7, # 8 Exhibit Deed 8, # 9 Exhibit Deed 9, # 10 Exhibit Lis Pendens 10, # 11 Exhibit Deed 11, # 12 Exhibit Deed 12, # 13 Exhibit Deed 13)(Patchen, Jerry) (Entered: 07/01/2019) |
| 07/10/2019 | 50 | ORDER granting 42 Third Party Defendant Tamar Avni’s Motion to Dismiss. It is further ordered that Defendant amend their pleadings within 10 days of the date of this order and specify, in greater detail, Tamar Avni’s acts and conduct establishing liability for the causes of action pled by Defendant. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 07/11/2019) |
| 07/19/2019 | 51 | AMENDED THIRD PARTY COMPLAINT against Ehud Avni, Tamar Avni filed by JPAD Holdings, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Patchen, Jerry) (Entered: 07/19/2019) |
| 08/01/2019 | 52 | DESIGNATION OF EXPERT WITNESS LIST by JPAD Holdings, LLC, filed. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Patchen, Jerry) (Entered: 08/01/2019) |
| 08/02/2019 | 53 | Unopposed MOTION for Nonsuit by Buffalo Real Estate Partners, Inc., filed. Motion Docket Date 8/23/2019. (Attachments: # 1 Proposed Order Order of Voluntary Dismissal of Buffalo Real Estate Partners, Inc.)(Patchen, Jerry) (Entered: 08/02/2019) |
| 08/02/2019 | 54 | REQUEST for Entry of Default against Ehud Avni by JPAD Holdings, LLC, filed. (Attachments: # 1 Affidavit of Jerry D. Patchen for Entry of Default Against EHUD AVNI, # 2 Proposed Clerk’s Entry of Default Against EHUD AVNI)(Patchen, Jerry) (Entered: 08/02/2019) |
| 08/19/2019 | 55 | MOTION to Dismiss by Doron Avni, filed. Motion Docket Date 9/9/2019. (Schutza, Jerry) (Entered: 08/19/2019) |
| 08/26/2019 | 56 | ORDER OF VOLUNTARY DISMISSAL granting 53 MOTION. Ordered that Buffalo’s claims against Dov K. Avni and Doron Avni are dismissed. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 08/27/2019) |
| 09/03/2019 | 57 | ENTRY OF DEFAULT AGAINST EHUD AVNI granting 54 Request for Entry of Default against Ehud Avni. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Main Document 57 replaced on 9/6/2019) (bthomas, 4). (Entered: 09/03/2019) |
| 09/09/2019 | 58 | RESPONSE to 55 MOTION to Dismiss filed by JPAD Holdings, LLC. (Attachments: # 1 Exhibit Exhibit A)(Patchen, Jerry) (Entered: 09/09/2019) |
| 10/03/2019 | 59 | MOTION for Extension of Time Discovery Deadline by JPAD Holdings, LLC, filed. Motion Docket Date 10/24/2019. (Attachments: # 1 Proposed Order Order)(Patchen, Jerry) (Entered: 10/03/2019) |
| 10/07/2019 | 60 | ORDER EXTENDING DISCOVERY DEADLINE granting 59 Motion for Extension of Time. The Discovery deadline is extended until 1/31/2020. A new scheduling order will issue. (Signed by Judge Vanessa D Gilmore) Parties notified. (bthomas, 4) (Entered: 10/07/2019) |
| 10/07/2019 | 61 | AMENDED SCHEDULING ORDER. Trial Term: July 2020. Dispositive Motion Filing due by 3/1/2020. Pretrial Order due by 6/19/2020. Joint Pretrial Order due by 6/22/2020. Docket Call set for 6/26/2020 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 10/07/2019) |
| 12/05/2019 | 62 | Letter from JPAD re: Discovery Dispute, filed. (bthomas, 4) (Entered: 12/23/2019) |
| 01/21/2020 | 63 | NOTICE of Setting as to 62 Discovery Dispute Letter. Parties notified. Telephone Conference set for 1/22/2020 at 02:00 PM by telephone before Judge Vanessa D Gilmore, filed. (bthomas, 4) (Entered: 01/21/2020) |
| 01/22/2020 | 64 | Minute Entry for proceedings held before Judge Vanessa D Gilmore. TELEPHONE CONFERENCE held on 1/22/2020 re: 62 Letter from JPAD re: Discovery Dispute. By 2/1/2020, Plaintiff is ORDERED to produce the following: 1). Deeds-related to the Beverly Apartments. 2). Promissory notes. 3). Tenant records & leases. 4). Rental payments. 5). Trust documents. 6). Lease applications. 7). Unredacted checking account statements for the Beverly Apartments. 8). Tax returns for Doron Avni for 2017 & 2018.9). Any current financial statements for Doron Avni. Appearances: Jerry Schutza, Jerry Patchen, James Brissee.(Court Reporter: Gayle Dye), filed. (bthomas, 4) (Entered: 01/23/2020) |
| 02/06/2020 | 65 | Letter from D.K. Avni re: Request for Submission Date for ruling on my dispositive plea to subject matter jurisdiction in 4:18cv3119, filed. (Attachments: # 1 Envelope) (jtabares, 1) (Entered: 02/11/2020) |
| 03/02/2020 | 66 | Unopposed MOTION for Status Hearing re: 8 MOTION for Summary Judgment , 32 MOTION to Strike Affidavit/Expert Report of Jay S. Ginsburg, 58 Response to Motion, 55 MOTION to Dismiss by JPAD Holdings, LLC, filed. Motion Docket Date 3/23/2020. (Attachments: # 1 Proposed Order)(Patchen, Jerry) (Entered: 03/02/2020) |
| 03/30/2020 | 67 | ORDER granting 8 JPAD’s Motion for Summary Judgment against Doron Avni. It is further ordered Tamar Avni’s Motion to Dismiss 55 is granted in part and denied in part. All of JPAD’s claims against Tamar Avni, except negligence, remain pending and JPAD’s negligence claim against Tamar Avni is DISMISSED.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 03/30/2020) |
| 05/11/2020 | 68 | Unopposed MOTION to Substitute Attorney Paul Simon in place of Jerry L. Schutza by Doron Avni, Tamar Avni, filed. Motion Docket Date 6/1/2020. (Attachments: # 1 Proposed Order)(Simon, Paul) (Entered: 05/11/2020) |
| 05/11/2020 | 69 | MOTION for Reconsideration of 67 Order on Motion to Dismiss,, Order on Motion for Summary Judgment, by Doron Avni, filed. Motion Docket Date 6/1/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit A-6, # 8 Exhibit A-7, # 9 Exhibit A-8, # 10 Exhibit A-9, # 11 Exhibit A-10, # 12 Exhibit B, # 13 Exhibit C, # 14 Exhibit D, # 15 Exhibit E, # 16 Proposed Order)(Simon, Paul) (Entered: 05/11/2020) |
| 05/11/2020 | 70 | ANSWER to 51 Amended Complaint/Counterclaim/Crossclaim etc. by Tamar Avni, filed.(Simon, Paul) (Entered: 05/11/2020) |
| 05/11/2020 | 71 | ORDER granting 68 Motion to Substitute William Haddock and Robert Pendergrafts as Attorney. Attorney Jerry L Schutza is withdrawn. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 05/11/2020) |
| 05/13/2020 | 72 | ORDER denying 69 Motion for Reconsideration.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 05/13/2020) |
| 05/20/2020 | 73 | Unopposed MOTION for Leave to File Plaintiffs and Third-Party Defendants Motion for Summary Judgment by Doron Avni, Tamar Avni, filed. Motion Docket Date 6/10/2020. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Simon, Paul) (Entered: 05/20/2020) |
| 05/20/2020 | 74 | ORDER granting 73 Motion for Leave to Late-File.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 05/21/2020) |
| 05/21/2020 | 75 | MOTION for Summary Judgment by Doron Avni, Tamar Avni, filed. Motion Docket Date 6/11/2020. (Attachments: # 1 Proposed Order)(Simon, Paul) (Entered: 05/21/2020) |
| 05/21/2020 | 76 | AMENDED SCHEDULING ORDER. (Trial Term: October 2020.) Dispositive Motion Filing due by 5/25/2020. Pretrial Order due by 9/18/2020. Joint Pretrial Order due by 9/21/2020. Docket Call set for 9/25/2020 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 05/21/2020) |
| 05/26/2020 | 77 | MOTION for Entry of Default against Dov Avni by JPAD Holdings, LLC, filed. Motion Docket Date 6/16/2020. (Attachments: # 1 Proposed Order Entry of Default Judgment against Dov Avni)(Patchen, Jerry) (Entered: 05/26/2020) |
| 05/26/2020 | 78 | SUPPLEMENT by JPAD Holdings, LLC, filed. (Attachments: # 1 Exhibit Ex 1 -Affidavit of Doron Avni, # 2 Exhibit Ex 2 – Constable’s Return, # 3 Exhibit Ex 3 – Petition to Withdraw Excess Funds, # 4 Exhibit Ex 4 – Order to Disburse, # 5 Exhibit Ex 5 – Tax Statements)(Patchen, Jerry) (Entered: 05/26/2020) |
| 05/26/2020 | 79 | MOTION for Entry of Final Judgment by JPAD Holdings, LLC, filed. Motion Docket Date 6/16/2020. (Attachments: # 1 Proposed Order Order)(Patchen, Jerry) (Entered: 05/26/2020) |
| 06/01/2020 | 80 | Agreed MOTION for Extension of Time to Respond to Court Filings [ECF Nos. 75, 78 and 79] by Doron Avni, Tamar Avni, filed. Motion Docket Date 6/22/2020. (Attachments: # 1 Proposed Order)(Simon, Paul) (Entered: 06/01/2020) |
| 06/01/2020 | 81 | ORDER granting 80 Motion for Extension of Time to Respond to Court filings Nos. 75 , 78 and 79 . ORDERED that JPAD Holding LLC (JPAD) may file its response, if any, to Plaintiffs and Third-Party Defendants Motion for Summary Judgment [ECF No. 75] on or before June 26, 2020. ORDERED that Doron Avni may file his response to JPADs Supplemental Evidence in Support of Order of Summary Judgment [ECF No. 78], and his response to JPADs Motion for Entry of Final Judgment as to JPAD Holdings, LLCS Legal Title to Real Property against Doron Avni [ECF No. 79] on or before July 1, 2020.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 06/01/2020) |
| 06/16/2020 | 82 | AFFIDAVIT of Dov K. Avni, filed.(rcastro, 4) (Entered: 06/16/2020) |
| 06/19/2020 | 83 | AFFIDAVIT of Dov K. Avni, filed.(dnoriega, 1) (Entered: 06/19/2020) |
| 06/19/2020 | 84 | Agreed MOTION for Extension of Time Respond to Court Filings ECF No. 75, 78 and 79 by JPAD Holdings, LLC, filed. Motion Docket Date 7/10/2020. (Attachments: # 1 Proposed Order Order)(Patchen, Jerry) (Entered: 06/19/2020) |
| 06/22/2020 | 85 | ORDER granting 84 Agreed Motion to Extend Deadlines to Respond to Court filings. JPAD Holding LLC to respond to ECF No. 75 by 7/6/2020. Doron Avni to respond to ECF Nos. 78 and 79 on or before 7/10/2020. Docket Call is reset for 10/30/2020 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified. (bthomas, 4) (Entered: 06/22/2020) |
| 06/30/2020 | 86 | Agreed MOTION to Dismiss 78 Supplement, 75 MOTION for Summary Judgment , 79 MOTION for Entry of Final Judgment with Prejudice (Partial) by Doron Avni, Tamar Avni, filed. Motion Docket Date 7/21/2020. (Attachments: # 1 Proposed Order)(Simon, Paul) (Entered: 06/30/2020) |
| 06/30/2020 | 87 | ORDER granting 86 Agreed MOTION to Dismiss with prejudice (Partial). ORDERED that all claims, counterclaims, crossclaims, cross-actions and third-party claims against and between Doron Avni, Tamar Avni and JPAD are hereby Dismissed with Prejudice, and Plaintiff and Counter-Defendant, Doron Avni, and Third-Party Defendant, Tamar Avni, are hereby dismissed. This Order of Dismissal is a Partial Order and does not extend to or effect the claims of JPAD against Dov Avni or to the claims of JPAD against Ehud Avni. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 06/30/2020) |
| 09/04/2020 | 88 | ENTRY OF DEFAULT JUDGMENT against Dov k. Avni. The Court will schedule a Hearing on attorney’s fees and JPAD Holdings, LLC’s unliquidated damages. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 09/04/2020) |
| 10/06/2020 | 89 | TRANSCRIPT re: Telephone Confernce held on January 22, 2020, before Judge Vanessa D Gilmore. Court Reporter/Transcriber Dye. Ordering Party Dov Avni Release of Transcript Restriction set for 1/4/2021., filed. (gdye, ) (Entered: 10/06/2020) |
| 10/07/2020 | 90 | Notice of Filing of Official Transcript as to 89 Transcript. Party notified, filed. (olindor, 4) (Entered: 10/07/2020) |
| 10/21/2020 | 91 | NOTICE of Setting as to 88 Entry of Default. Parties notified. Final Hearing set for 10/30/2020 at 09:30 AM by video before Judge Vanessa D Gilmore, filed. (bthomas, 4) (Entered: 10/21/2020) |
| 10/27/2020 | 92 | AFFIDAVIT of Jerry D. Patchen, filed. (Attachments: # 1 Exhibit Timelogs, # 2 Exhibit Tax Deed, # 3 Exhibit Final Judgment, # 4 Exhibit Abstract of Judgment)(Patchen, Jerry) (Entered: 10/27/2020) |
| 10/27/2020 | 93 | AFFIDAVIT of James Brissee, filed. (Attachments: # 1 Exhibit Invoice)(Patchen, Jerry) (Entered: 10/27/2020) |
| 10/29/2020 | 94 | MEMORANDUM Regarding Attorney’s Fees and Post Judgment Interest by JPAD Holdings, LLC, filed.(Patchen, Jerry) (Entered: 10/29/2020) |
| 10/29/2020 | 95 | Hearing EXHIBITS by JPAD Holdings, LLC, filed. (Attachments: # 1 Exhibit Summary of Atty’s Fees, # 2 Exhibit Expert Report of Richard Melamed, # 3 Exhibit Chart of Deeds, # 4 Exhibit HI-NOI Corporation Deed, # 5 Exhibit Fire Damage Photos, # 6 Exhibit Fire Damage Cost Report, # 7 Exhibit Fire Damage Cost Total, # 8 Exhibit Restoration Photos, # 9 Exhibit Restoration Cost, # 10 Exhibit JPAD Lost Rental)(Patchen, Jerry) (Entered: 10/29/2020) |
| 10/29/2020 | 96 | Proposed Order Final Judgment by JPAD Holdings, LLC, filed. Motion Docket Date 11/19/2020. (Patchen, Jerry) (Entered: 10/29/2020) |
| 10/29/2020 | 97 | Proposed Order Final Judgment by JPAD Holdings, LLC, filed. Motion Docket Date 11/19/2020. (Patchen, Jerry) (Entered: 10/29/2020) |
| 10/29/2020 | 98 | Sworn Emergency MOTION to Strike Improperly Noticed “Final Hearing” in #4:18-03119 set by clerk TP 10-30-20 am Sworn FRCP 12(b)(1) Motion to Dismiss Him Without Prejudice from Cause #4:18:03119-CV – For Hon. Gilmore’s Lack of Subject Matter and Personal Jurisdiction or Altrnatively Transfer Voidly Transferred + Consolidated Cause #4:18-03478 Hanen’s Court then Remand to 164th District Court of Harris County Tx – Wherefrom it was Voidly Removed by J.L. Shutza by 3rd Party Defendant/Counter-Plaintiff Dov K. Avni (a/k/a Dov Avni Kaminetzky), filed. (# 1 cover page # 2 exhibits) Motion Docket Date 11/19/2020. (jdav, 4) (Entered: 10/29/2020) |
| 10/30/2020 | 99 | ORDER granting 98 Dov Avni’ s Motion to strike the improperly noticed hearing set for October 30, 2020. A Notice of Resetting shall be sent and contain the Zoom videoconferencing link to the hearing. Dov Avni’s Motion to dismiss him without prejudice is denied. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 10/30/2020) |
| 10/30/2020 | 100 | NOTICE of Resetting. Parties notified. Final Hearing set for 11/18/2020 at 09:30 AM by video before Judge Vanessa D Gilmore, filed. Parties are advised that a hearing on Attorneys Fees and JPAD Holdings, LLCs unliquidated damages is rescheduled for November 18, 2020 at 9:30 a.m., before United States District Judge Vanessa D. Gilmore. The hearing will take place by videoconference using Zoom. Join the Zoom meeting at: https://www.zoomgov.com/j/1602676541?pwd=WWoraWtEQ2Fab0NiZzJTd1JUVHI3QT09 ; Meeting ID: 160 267 6541; Passcode: 301855. (bthomas, 4) (Entered: 10/30/2020) |
| 11/02/2020 | 101 | MOTION to Strike Improperly Noticed “Final Hearing” in #4:18-03119 set by clerk TP 10-30-20 am Sworn FRCP 12(b)(1) Motion to Dismiss Him Without Prejudice from Cause #4:18:03119-CV. by Dov Avni, filed. Motion Docket Date 11/23/2020. (rguerrero, 4) (Entered: 11/06/2020) |
| 11/16/2020 | 102 | MOTION In Limine To Exclude Collateral Source Evidence by JPAD Holdings, LLC, filed. Motion Docket Date 12/7/2020. (Attachments: # 1 Proposed Order Order)(Patchen, Jerry) (Entered: 11/16/2020) |
| 11/17/2020 | 103 | RESPONSE to 98 MOTION Sworn Emergency Motion, 101 MOTION to Strike filed by JPAD Holdings, LLC. (Patchen, Jerry) (Entered: 11/17/2020) |
| 11/17/2020 | 104 | Supplemental EXHIBITS re: 95 Exhibits, by JPAD Holdings, LLC, filed. (Attachments: # 1 Exhibit Exhibit 11, # 2 Exhibit Exhibit 12, # 3 Exhibit Exhibit 13, # 4 Exhibit Exhibit 14, # 5 Exhibit Exhibit 15, # 6 Exhibit Exhibit 16, # 7 Exhibit Exhibit 17, # 8 Exhibit Exhibit 18, # 9 Exhibit Exhibit 19, # 10 Exhibit Exhibit 20, # 11 Exhibit Exhibit 21, # 12 Exhibit Exhibit 22, # 13 Exhibit Exhibit 23)(Patchen, Jerry) (Entered: 11/17/2020) |
| 11/17/2020 | 105 | PROPOSED FINAL JUDGMENT ORDER for Default Judgment against Dov Avni by JPAD Holdings, LLC, filed. Motion Docket Date 12/8/2020. (Patchen, Jerry) (Entered: 11/17/2020) |
| 11/17/2020 | 106 | PROPOSED FINAL JUDGMENT ORDER for default judgment against Ehud Avni by JPAD Holdings, LLC, filed. Motion Docket Date 12/8/2020. (Patchen, Jerry) (Entered: 11/17/2020) |
| 11/17/2020 | 107 | Letter/ MOTION to Disqualify or Recuse by Doron Avni, filed. Motion Docket Date 12/8/2020. (Attachments: # 1 Letter)(rcastro, 4) (Entered: 11/19/2020) |
| 11/24/2020 | 108 | ORDER granting 102 Motion in Limine to Exclude Source Evidence.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 11/24/2020) |
| 11/24/2020 | 109 | FINAL JUDGMENT AGAINST EHUD AVNI. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 11/24/2020) |
| 11/24/2020 | 110 | FINAL JUDGMENT AGAINST DOV K. AVNI. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 11/24/2020) |
| 12/23/2020 | 114 | STATEMENT by Dov Avni, filed.(jtabares, 1) (Entered: 01/07/2021) |
| 12/28/2020 | 111 | NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Doron Avni, filed.(jdav, 4) (Entered: 12/31/2020) |
| 12/28/2020 | 113 | EMERGENCY MOTION( Motion Docket Date 1/19/2021.), MOTION for Recusal/ Disqualify Hon Vanessa Gilmore by Dov Avni, filed. (gkelner, 4) (Entered: 01/05/2021) |
| 01/04/2021 | 112 | Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 111 Notice of Appeal. Fee status: Not Paid. Reporter(s): J. Sanchez; M. Malone & H. Alcaraz, filed. (dnoriega, 1) (Entered: 01/04/2021) |
| 01/11/2021 | 115 | NOTICE of submission of partial filing fee and Transcript orders (Forwarded to Court Reporters, DKT 13 for filing not received.) by Dov Avni, filed. (hcarr, 4) (Entered: 01/11/2021) |
| 01/12/2021 | 116 | 2nd Amended NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Dov Avni, filed. Remaining Balance of $405 for Appeal Filing Fee Paid(MelissaMorgan, 4) (Entered: 01/12/2021) |
| 01/13/2021 | 117 | Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 116 2nd Amended Notice of Appeal. Fee status: Paid. Reporter(s): J Sanchez, M. Malone, H Alcaraz, filed. (Attachments: # 1 Amended NOA) (dbenavides, 1) (Entered: 01/13/2021) |
| 01/15/2021 | 121 | Initial DESIGNATION of Clerk Record Items and Excerpts by Dov Avni, filed.(rcastro, 4) (Entered: 01/27/2021) |
| 01/21/2021 | 118 | APPEAL TRANSCRIPT re Proceedings held on October 30, 2020 before Judge Vanessa D Gilmore. Court Reporter/Transcriber Mayra Malone. Ordering Party: Dov Avni. Release of Transcript Restriction set for 4/21/2021., filed. (mmalone, ) (Entered: 01/21/2021) |
| 01/21/2021 | 119 | ORDER denying 113 Emergency Motion for Recusal. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 01/21/2021) |
| 01/22/2021 | 120 | Notice of Filing of Official Transcript as to 118 Transcript – Appeal. Party notified, filed. (dhansen, 4) (Entered: 01/22/2021) |
| 01/27/2021 | 122 | Notice of Non-Compliance. Appellant has failed to: Submit the DKT13 transcript order form. Parties notified, filed. (EdnitaPonce, 1) (Entered: 01/27/2021) |
| 01/28/2021 | 123 | DKT13 TRANSCRIPT ORDER REQUEST by Dov Avni. This is to order a transcript of 10/30/2020. Court Reporter/Transcriber: Mayra Malone. This order form relates to the following: Minute Entry,, filed.(ShoshanaArnow, 4) (Entered: 01/28/2021) |
| 01/28/2021 | 124 | Attachment to 123 Dkt13 and Proof of Payment by Dov Avni, filed.(jguajardo, 4) (Entered: 01/29/2021) |
| 02/10/2021 | 125 | DKT13 TRANSCRIPT ORDER REQUEST by Dov K. Avni. This is to order a transcript of Final Hearing on 2 Default Judgments on 11/18/20 before Judge Gilmore. Court Reporter/Transcriber: Heather Alcaraz. This order form relates to the following: Motion Hearing,,, filed.(ShadiaNash, 4) (Entered: 02/11/2021) |
| 03/05/2021 | 126 | APPEAL TRANSCRIPT re Motion Hearing held on 11/18/20 before Judge Vanessa D Gilmore. Court Reporter Heather Alcaraz. Ordering Party: Dov Avni. This transcript relates to the following: 111 Notice of Appeal, 125 Appeal Transcript Request, 116 Notice of Appeal. Release of Transcript Restriction set for 6/3/2021, filed. (halcaraz, ) (Entered: 03/05/2021) |
| 03/08/2021 | 127 | Notice of Filing of Official Transcript as to 126 Transcript – Appeal,. Party notified, filed. (olindor, 4) (Entered: 03/08/2021) |
| 03/26/2021 | 128 | Transmittal Letter on Appeal re: 111 Notice of Appeal, 116 Notice of Appeal. The electronic record on CD is being sent to Dov Avni, appellant via regular mail. (USCA No. 21-2006`), filed. (jtabares, 1) (Entered: 03/26/2021) |
| 05/03/2021 | 129 | Letter from Dov K. Avni, filed. (scastillo, 1) (Entered: 05/06/2021) |
| 05/07/2021 | 130 | Letter from Dov K. Avni, filed. (ShoshanaArnow, 4) (Entered: 05/12/2021) |
| 06/02/2021 | 131 | Order of USCA re: 116 Notice of Appeal ; USCA No. 21-20006. Under 5TH CIR. R. 42.3, the appeals are dismissed as of June 2, 2021, for want of prosecution. The appellant failed to timely file appellant brief and record excerpts, filed.(dbenavides, 1) (Entered: 06/02/2021) |
| 07/15/2021 | 132 | Fifth Circuit Court of Appeals LETTER advising: The court has taken the following action in this case: Appellant’s motion to reopen case, motion to file out of time motion for extension of time, motion for extension of time to file appellant’s brief and motion for extension of time to file record excerpts are denied (USCA No. 21-20006), filed.(mperez, 1) (Entered: 07/15/2021) |
| 08/05/2021 | 133 | Order of USCA re: 116 Notice of Appeal ; USCA No. 21-20006. Appellant’s motion for reconsideration of the July 14, 2021 clerk order is denied, filed.(JenniferLongoria, 1) (Entered: 08/05/2021) |
| 08/06/2021 | 134 | Order of USCA re: 111 Notice of Appeal, 116 Notice of Appeal ; USCA No. 21-20006. IT IS FURTHER ORDERED that appellant’s amended motion for reconsideration is DENIED, filed.(EdnitaPonce, 1) (Entered: 08/06/2021) |
| 08/17/2021 | 135 | Order of USCA re: 116 Notice of Appeal; USCA No. 21-20006. The Clerk DENIED appellant’s motion to reopen, to file motion for extension out of time, to extend time to file appellant’s brief, to extend time to file record excerpts. Upon consideration of appellant’s motion for reconsideration, It is ORDERED that the motion is DENIED, filed. (rnieto, 1) (Entered: 08/17/2021) |
| 08/26/2021 | 136 | Abstract of Judgment Issued, filed.(ckrus, 4) (Entered: 08/27/2021) |
| 08/26/2021 | 137 | Abstract of Judgment Issued, filed.(ckrus, 4) (Entered: 08/27/2021) |
| 11/24/2021 | 138 | MOTION to Set Aside Default Judgement by Doron Avni, filed. Motion Docket Date 12/15/2021. (BrandisIsom, 4) (Entered: 11/24/2021) |
| 12/02/2021 | 139 | ORDER denying 138 Motion to Set Aside. (Signed by Judge Vanessa D Gilmore) Parties notified. (ClaudiaGutierrez, 4) (Entered: 12/06/2021) |
| 12/07/2021 | 140 | Proposed Findings of Fact/Conclusions of Law by JPAD Holdings, LLC(Patchen, Jerry) (Entered: 12/07/2021) |
| 12/09/2021 | 141 | FINDINGS OF FACT AND CONCLUSIONS OF LAW(Signed by Judge Vanessa D Gilmore) Parties notified.(jguajardo, 4) (Entered: 12/09/2021) |
| 01/05/2022 | 142 | THIS DOCUMENT IS STRICKEN PER ORDER AT ENTRY 152 MOTION by Dov K. Avni, filed. Motion Docket Date 1/26/2022. (RachelWillborg, 4) (Entered: 01/11/2022) |
| 01/05/2022 | 143 | THIS DOCUMENT IS STRICKEN PER ORDER AT ENTRY 152 MOTION by Dov K. Avni, filed. Motion Docket Date 1/26/2022. (RachelWillborg, 4) (Entered: 01/11/2022) |
| 01/05/2022 | 144 | THIS DOCUMENT IS STRICKEN PER ORDER AT ENTRY 152 MOTION by Dov K. Avni, filed. Motion Docket Date 1/26/2022. (RachelWillborg, 4) (Entered: 01/11/2022) |
| 01/21/2022 | 145 | MOTION to Strike 143 MOTION, 144 MOTION, 142 MOTION ( Motion Docket Date 2/11/2022.), MOTION for Sanctions by JPAD Holdings, LLC, filed. (Attachments: # 1 Proposed Order Order)(Patchen, Jerry) (Entered: 01/21/2022) |
| 02/11/2022 | 147 | THIS DOCUMENT IS STRICKEN PER ORDER AT ENTRY 152 AFFIDAVIT of Dov K Avni, filed.(rkonieczny, 4) (Entered: 02/22/2022) |
| 02/14/2022 | 146 | THIS DOCUMENT IS STRICKEN PER ORDER AT ENTRY 152 First Supplemental in Support of his Motions by Doron Avni, filed. (Attachments: # 1 attachment, # 2 attachment, # 3 attachment))(jdav, 4) (Entered: 02/15/2022) |
| 02/18/2022 | 148 | THIS DOCUMENT IS STRICKEN PER ORDER AT ENTRY 152 MOTION to Strike by Dov Avni, filed. Motion Docket Date 3/11/2022. (rkonieczny, 4) (Entered: 02/22/2022) |
| 03/01/2022 | 149 | MOTION to Strike 147 Affidavit, 146 Document, 148 MOTION to Strike ( Motion Docket Date 3/22/2022.), Second MOTION for Sanctions by JPAD Holdings, LLC, filed. (Attachments: # 1 Proposed Order Order)(Patchen, Jerry) (Entered: 03/01/2022) |
| 03/14/2022 | 150 | MOTION for Ruling by Submission by JPAD Holdings, LLC, filed. Motion Docket Date 4/4/2022. (Patchen, Jerry) (Entered: 03/14/2022) |
| 04/04/2022 | 151 | Supplemental AFFIDAVIT of Dov Avni, filed. (BrandisIsom, 4) (Entered: 04/04/2022) |
| 04/08/2022 | 152 | ORDER granting 149 Motion to Strike; striking 149 MOTION to Strike 147 Affidavit, 146 Document, 148 MOTION to Strike Second MOTION for Sanctions, 147 Affidavit, 143 MOTION, 144 MOTION, 142 MOTION, 146 Document, 148 MOTION to Strike. The Court finds these documents in violation of Judge Gilmore’s Findings of Facts and Conclusions of Law at entry 141. All parties shall cease filing pleadings or sending emails to the Court’s case manager on matters pertaining to this action. This case is not an open, pending action..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 04/08/2022) |
| 04/13/2022 | 154 | MOTION to Set Aside Erroneous Denial by Dov Avni, filed. Motion Docket Date 5/4/2022. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Certification of Service) (SpencerSavarese, 4) (Entered: 04/13/2022) |
| 04/14/2022 | 155 | MOTION for Recusal by Dov Avni, filed. Motion Docket Date 5/5/2022. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Affidavit, # 7 Affidavit, # 8 Cover Letter, # 9 Cover Letter) (SpencerSavarese, 4) (Entered: 04/14/2022) |
| 05/06/2022 | 156 | AFFIDAVIT of Don K. Avni re: 138 MOTION to Set Aside Default Judgement, filed. (SpencerSavarese, 4) (Entered: 05/06/2022) |
| 05/09/2022 | 157 | AFFIDAVIT of Don K. Avni, filed. (Attachments: # 1 Exhibit, # 2 Exhibit)(ShannonHolden, 4) (Entered: 05/10/2022) |
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