CLERKGATE III
NOV 21, 2024
Despite two USPS Express Mail Packages being sent to the same court address, and both delivered with signature receipts recorded, only the later of the two deliveries has made it onto the court docket.
USPS Express Contents Delivered Nov. 21, 2024:
The November 20, 2024 combined filing.
USPS Express Contents Delivered Nov. 14, signed for Nov. 15, 2024:
The November 13, 2024 combined filing.
and
The November 11, 2024 combined filingg.
Hello Joanna Burke,
Your item was picked up at postal facility at
9:47 am on November 21, 2024 in HOUSTON, TX 77208.
The item was signed for by B LACEY.
Tracking Number: 9481730109355000162426
Package Shipped from: HQ – ECNS
Delivered, Individual Picked Up at Postal Facility
Hello Joanna Burke,
Your item was picked up at postal facility at
9:06 am on November 15, 2024 in HOUSTON, TX 77208.
The item was signed for by H LERMA.
Tracking Number: 9481730109355000137813
Package Shipped from: HQ – ECNS
Delivered, Individual Picked Up at Postal Facility
| DOCSENT,MAG |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00897
| Burke v. PHH Mortgage Corporation et al Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 03/12/2024 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/12/2024 | 1 | NOTICE OF REMOVAL from 11th Judicial District Court of Harris County, Texas, case number 2023-86973 (Filing fee $ 405 receipt number ATXSDC-31316463) filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hopkins, Mark) (Entered: 03/12/2024) |
| 03/13/2024 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/12/2024 at 02:30 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified.(DanielBerger, 4) (Entered: 03/13/2024) |
| 03/13/2024 | 3 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (DanielBerger, 4) (Entered: 03/13/2024) |
| 03/14/2024 | 4 | NOTICE of Appearance by Shelley L. Hopkins on behalf of PHH Mortgage Corporation, filed. (Hopkins, Shelley) (Entered: 03/14/2024) |
| 03/19/2024 | 5 | Emergency MOTION to Remand integrating memorandum and brief in support by Joanna Burke, filed. Motion Docket Date 4/9/2024. (Attachments: # 1 Proposed Order) (AaronJackson, 4) (Entered: 03/19/2024) |
| 03/27/2024 | 6 | CORPORATE DISCLOSURE STATEMENT by PHH Mortgage Corporation identifying Ocwen Financial Corporation as Corporate Parent, filed. (Hopkins, Shelley) (Entered: 03/27/2024) |
| 03/29/2024 | 7 |
Opposed MOTION for Clarification by PHH Mortgage Corporation, filed. Motion Docket Date 4/19/2024. (Attachments: # 1 Proposed Order) (Hopkins, Shelley) (Entered: 03/29/2024) |
| 04/05/2024 | 8 | RESPONSE in Opposition to 5 MOTION to Remand, filed by PHH Mortgage Corporation. (Hopkins, Mark) (Entered: 04/05/2024) |
| 04/10/2024 | 9 | REPLY to Response to 5 MOTION to Remand, filed by Joanna Burke. (dah4) (Entered: 04/10/2024) |
| 04/10/2024 | 10 | RESPONSE to 7 Opposed MOTION for Clarification filed by Joanna Burke. (dah4) (Entered: 04/10/2024) |
| 04/12/2024 | 11 | MOTION Declare Plaintiff as a Vexatious Litigant by PHH Mortgage Corporation, filed. Motion Docket Date 5/3/2024. (Attachments: # 1 Proposed Order) (Hopkins, Mark) (Entered: 04/12/2024) |
| 05/15/2024 | 12 | NOTICE of Non-Response by Plaintiff re: 11 MOTION Declare Plaintiff as a Vexatious Litigant by PHH Mortgage Corporation, filed. (Hopkins, Mark) (Entered: 05/15/2024) |
| 05/16/2024 | 13 | MOTION for Extension of Time to respond to PHH Mortgage Corporation’s motion to declare plaintiff Joanna Burke as a vexatious litigant by Joanna Burke, filed. Motion Docket Date 6/6/2024. (Attachments: # 1 Proposed Order) (acj4) (Entered: 05/20/2024) |
| 05/16/2024 | 14 | MOTION to Strike PHH Mortgage Corporation’s 11 MOTION Declare Plaintiff Joanna Burke as a Vexatious Litigant by Joanna Burke, filed. Motion Docket Date 6/6/2024. (Attachments: # 1 Proposed Order) (acj4) (Entered: 05/20/2024) |
| 06/05/2024 | 15 | RESPONSE in Opposition to 14 MOTION to Strike 11 MOTION Declare Plaintiff as a Vexatious Litigant, 13 MOTION for Extension of Time to respnd to PHH Mortgage Corporation’s moton to declare plaintiff Joanna Burke as a vexatious litigant, filed by PHH Mortgage Corporation. (Hopkins, Mark) (Entered: 06/05/2024) |
| 06/12/2024 | 16 | Opposed MOTION for Continuance of Initial Pretrial & Scheduling Conference by PHH Mortgage Corporation, filed. Motion Docket Date 7/3/2024. (Attachments: # 1 Proposed Order) (Hopkins, Shelley) (Entered: 06/12/2024) |
| 06/13/2024 | 17 |
REPLY to 11 MOTION Declare Plaintiff as a Vexatious Litigant, 14 MOTION to Strike 11 MOTION Declare Plaintiff as a Vexatious Litigant, and motion for extension of time, filed by Joanna Burke. (acj4) (Entered: 06/14/2024) |
| 06/17/2024 | 18 |
ORDER Denying 5 Plaintiff’s Emergency Motion to Remand (Signed by Judge Ewing Werlein, Jr) Parties notified. (dm4) (Entered: 06/17/2024) |
| 06/17/2024 | 19 |
ORDER denying 11 PHH Mortgage Corporation’s Motion to Declare Plaintiff as a Vexatious Litigant but WITHOUT PREJUDICE to refiling following a motion for dispositive relief; Denying as moot 13 Plaintiff’s Motion for Extension of Time to Respond; Denying as moot 14 Motion to Strike.(Signed by Judge Ewing Werlein, Jr) Parties notified. (dm4) (Entered: 06/17/2024) |
| 06/17/2024 | 20 |
ORDER denying as moot 7 Defendant’s Motion to Clarify, or in the Alternative, Motion for an Extension of Time to respond to Plaintiff’s Motion for Partial Summary Judgment as to Quiet Title; Plaintiff’s Motion for Partial Summary Judgment as to Quiet Title (Document No. 1-4 at CM/ECF page 565 of 588) is Denied. (Signed by Judge Ewing Werlein, Jr) Parties notified. (dm4) (Entered: 06/17/2024) |
| 06/17/2024 | 21 |
ORDER to Show Cause; within ten (10) days after the entry of this Order, the Plaintiff shall file a response to show cause, if any exists, why this case should not be dismissed without prejudice; Order to (Show Cause Response due by 6/27/2024); ORDER Denying as Moot 16 Defendant’s MOTION to Continue Initial Pretrial and Scheduling Conference; Ordered that the Scheduling Conference set for July 12, 2024 at 2:30 p.m. is hereby CANCELED. (Signed by Judge Ewing Werlein, Jr) Parties notified. (dm4) (Entered: 06/17/2024) |
| 06/27/2024 | 22 | Verified REPLY to 10 Day Show Cause 21 Order, motion for extension of time & motion to abate filed by Joanna Burke. (acj4) (Entered: 06/27/2024) |
| 07/10/2024 | 23 | ORDER OF PARTIAL DISMISSAL. ORDERED that Plaintiff’s claims against Defendants Deutsche Bank National Trust Company, AVT Title Services, LLC, Mackie Wolf Zientz & Mann, PC, Judge Tami Craft aka Judge Tamika Craft-Demming, Judge Elaine Palmer, Sashagaye Prince, Mark D. Hopkins, Shelley L. Hopkins, and Hopkins Law, PLLC are DISMISSED without prejudice in accordance with Rule 4(m) and for want of prosecution. The Court further observes that Plaintiff has requested a thirty-day extension to brief why the Court’s orders in this case are void and to abate any briefing and responses by Defendant PHH Mortgage Corporation. There are no pending motions in this case, and thus, there are no outstanding briefing deadlines. Plaintiff’s request for extension and to abate responses is DENIED. (Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4) (Entered: 07/10/2024) |
| 07/11/2024 | 24 | RECUSAL ORDER. Judge Ewing Werlein, Jr recused. Deadlines in scheduling orders subsist. Court settings are vacated. (Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4) (Entered: 07/11/2024) |
| 07/11/2024 | 25 | NOTICE of Reassignment. Case reassigned to Judge Charles Eskridge. Judge Ewing Werlein, Jr no longer assigned to the case. Parties notified, filed. (mf4) (Entered: 07/11/2024) |
| 07/23/2024 | 26 | ORDER REFERRING CASE to Magistrate Judge Christina A. Bryan.(Signed by Judge Charles Eskridge) Parties notified. (jmg4) (Entered: 07/23/2024) |
| 08/05/2024 | 27 | MOTION for Summary Judgment Motions referred to Christina A Bryan. by PHH Mortgage Corporation, filed. Motion Docket Date 8/26/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Hopkins, Mark) (Entered: 08/05/2024) |
| 08/05/2024 | 28 | MOTION Declare Plaintiff as a Vexatious LitigantMotions referred to Christina A Bryan. by PHH Mortgage Corporation, filed. Motion Docket Date 8/26/2024. (Attachments: # 1 Proposed Order) (Hopkins, Mark) (Entered: 08/05/2024) |
| 08/27/2024 | 29 | MOTION for Extension of Time Motions referred to Christina A Bryan. by Joanna Burke, filed. Motion Docket Date 9/17/2024. (bmn4) (Entered: 08/29/2024) |
| 09/03/2024 | 30 | RESPONSE in Opposition to 29 MOTION for Extension of Time, filed by PHH Mortgage Corporation. (Hopkins, Mark) (Entered: 09/03/2024) |
| 09/18/2024 | 31 | ORDER granting in part and denying in part 29 Motion for Extension of Time; It is further ORDERED that Plaintiff’s Responses to the pending Motion for Summary Judgment (ECF 27) and Motion to Declare Plaintiff a Vexatious Litigant (ECF 28) are due on or before October 7, 2024. Replies will be due 14 days after Responses are filed. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 09/18/2024) |
| 09/25/2024 | 32 | REPLY to Response to 29 MOTION for Extension of Time, filed by Joanna Burke. (dah4) (Entered: 09/25/2024) |
| 10/07/2024 | 33 | MOTION to Dismiss for Lack of Jurisdiction Motions referred to Christina A Bryan. by Joanna Burke, filed. Motion Docket Date 10/28/2024. (Attachments: # 1 Proposed Order, # 2 Supplement Cover Sheet, # 3 Exhibit) (abb4) (Entered: 10/07/2024) |
| 10/07/2024 | 34 | RESPONSE to 28 MOTION Declare Plaintiff as a Vexatious Litigant, filed by Joanna Burke. (Attachments: # 1 Proposed Order, # 2 Supplement Cover Sheet) (abb4) (Entered: 10/07/2024) |
| 10/07/2024 | 35 | RESPONSE to 27 MOTION for Summary Judgment filed by Joanna Burke. (Attachments: # 1 Proposed Order, # 2 Supplement Cover Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (abb4) (Entered: 10/07/2024) |
| 10/15/2024 | 36 | MOTION for Extension of Time Replies to ResponsesMotions referred to Christina A Bryan. by PHH Mortgage Corporation, filed. Motion Docket Date 11/5/2024. (Attachments: # 1 Proposed Order) (Hopkins, Shelley) (Entered: 10/15/2024) |
| 10/16/2024 | 37 | ORDER granting : 36 MOTION for Extension of Time to File Replies. It is further ORDERED that PHH may file its Reply to Plaintiff’s Response to PHH’s Motion for Summary Judgment (ECF 34 ) and its Reply to Plaintiff’s Response to Second Motion to Declare Plaintiff Joanna Burke as a Vexatious Litigant (ECF 35 ) on or before November 4, 2024. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 10/16/2024) |
| 10/18/2024 | 38 | MOTION for Extension of Time to File ResponseMotions referred to Christina A Bryan. by PHH Mortgage Corporation, filed. Motion Docket Date 11/8/2024. (Attachments: # 1 Proposed Order) (Hopkins, Shelley) (Entered: 10/18/2024) |
| 10/23/2024 | 39 | ORDER granting 38 MOTION for Extension of Time to File Response. PHH may file its Response to Plaintiff’s Motion to Dismiss for Lack of Jurisdiction (ECF 33 ) on or before November 11, 2024.(Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 10/23/2024) |
| 11/04/2024 | 40 | REPLY to Response to 27 MOTION for Summary Judgment , filed by PHH Mortgage Corporation. (Hopkins, Mark) (Entered: 11/04/2024) |
| 11/04/2024 | 41 | REPLY to Response to 28 MOTION Declare Plaintiff as a Vexatious Litigant, filed by PHH Mortgage Corporation. (Hopkins, Mark) (Entered: 11/04/2024) |
| 11/10/2024 | 42 | RESPONSE in Opposition to 33 MOTION to Dismiss, filed by PHH Mortgage Corporation. (Hopkins, Shelley) (Entered: 11/10/2024) |
| 11/21/2024 | 43 | PLAINTIFF’S REPLY to 42 Response in Opposition to Motion, filed by Joanna Burke. (cng4) (Entered: 11/21/2024) |
| 11/21/2024 | 44 | SURREPLY to 27 MOTION for Summary Judgment , filed by Joanna Burke. (cng4) (Entered: 11/21/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 11/21/2024 19:16:45 |
| DOCSENT,MAG |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00897
| Burke v. PHH Mortgage Corporation et al Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 03/12/2024 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/10/2024 | 42 | RESPONSE in Opposition to 33 MOTION to Dismiss, filed by PHH Mortgage Corporation. (Hopkins, Shelley) (Entered: 11/10/2024) |
| 11/21/2024 | 43 | PLAINTIFF’S REPLY to 42 Response in Opposition to Motion, filed by Joanna Burke. (cng4) (Entered: 11/21/2024) |
| 11/21/2024 | 44 | SURREPLY to 27 MOTION for Summary Judgment , filed by Joanna Burke. (cng4) (Entered: 11/21/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 11/21/2024 17:26:47 |
In Texas, forget business or litigation funding. Just cozy up to the Judiciary and rake in illicit, illegal gains for life. 💰 #JudicialCorruption #TexasJustice https://t.co/mijSNNSBct https://t.co/LYYz1cDlQL pic.twitter.com/m02b9KP4Mh
— lawsinusa (@lawsinusa) November 21, 2024
The How
NOV 11, 2024 | REPUBLISHED BY LIT: NOV 14, 2024
TO THE HONORABLE JUDGE, AND ALL INTERESTED PARTIES:
INTRODUCTION & NECESSITY OF SUPPLEMENT
The Plaintiff respectfully submits this supplement to address the omission of the “How” element in Count IV, Fraud (Doc. 35, Oct. 7, 2024), as identified in the Defendants’ motion for summary judgment (Doc. 27, Aug. 5, 2024).
In Plaintiff’s prior response, under the section titled “F. Burke Fails to Assert a Claim for Fraud,” the “How” element was inadvertently omitted. As required by Williams v. WMX Technologies, Inc., 112 F.3d 175, 178 (5th Cir. 1997), fraud claims must be pleaded with particularity, including the “Who, What, Where, Why, When, and How” elements. This supplement aims to correct the omission and provide the necessary detail to fully respond to the fraud claim.
DETAILED LEGAL ANALYSIS & ARGUMENT
The First Fraudulent Attempt to Foreclose (the January 2, 2024 Sale)
HOW (THE FRAUD WAS COMMITTED)
The fraud occurred when Mark Cronenwett, as attorney for Mackie Wolf, acting on behalf of AVT Title Services, LLC, knowingly refused to cancel the January 2, 2024 foreclosure sale after being informed of the legal impediments, including the Plaintiff’s notice of intent to contest the foreclosure.
Despite receiving the Plaintiff’s letter on December 3, 2023, which clearly requested the cancellation of the sale and attached the lis pendens, Cronenwett, in his capacity as attorney, refused the request and continued with the foreclosure process. His failure to voluntarily cancel the sale, despite knowledge of the Plaintiff’s legal challenge, and the continued reliance on a deficient Notice of Foreclosure Sale and Judgment, created the fraudulent situation of attempting to conduct the sale despite the invalid notice and the ongoing dispute.
This action was fraudulent because it involved a clear misrepresentation of the legality of the foreclosure proceedings, knowing that the sale was unlawful.
The Second Fraudulent Attempt to Foreclose (the March 5, 2024 Sale)
HOW (THE FRAUD WAS COMMITTED)
The second fraudulent foreclosure attempt occurred when Mark Cronenwett, again representing AVT Title Services, LLC, failed to acknowledge the legal protection afforded to the Plaintiff under the newly filed bankruptcy petition.
Despite the Plaintiff’s automatic stay in effect following the March 1, 2024 bankruptcy filing, Cronenwett and his client proceeded to schedule the foreclosure sale for March 5, 2024, knowing that the Plaintiff had filed for bankruptcy and was thus protected from foreclosure under federal law.
The continued efforts to schedule and attempt to execute the foreclosure sale after knowledge of the bankruptcy filing as well as continuing to rely upon a second deficient notice of sale and relying upon the same void judgment, constitute fraudulent activity.
Cronenwett’s actions were intentional, aiming to proceed with an illegal sale while disregarding the automatic stay and the Plaintiff’s right to contest the foreclosure in bankruptcy court.
This deliberate disregard for the Plaintiff’s legal protections demonstrates fraudulent conduct with the intent to unlawfully seize the Plaintiff’s property.
DECLARATION
Pursuant to Texas Civil Practice and Remedies Code Section 132.001 and “In lieu of a sworn affidavit, a litigant may submit an unsworn declaration as evidence against summary judgment. See 28 U.S.C. §1746.”, I hereby provide my unsworn declaration. …, and I declare under penalty of perjury that all information herein is true and correct.
CONCLUSION
The Plaintiff respectfully requests that the Court grant this Supplement, responding to Count IV, Fraud which addressed the HOW question.
To the extent this court maintains the opinion it has jurisdiction in these proceedings, the Motion for Summary Judgment should be DENIED.
RESPECTFULLY submitted this 11th day of November, 2024.
Federal Bankruptcy Judge Lopez: I Don’t Read Words Into Statutes. I Read What They Say and I Follow It
Texas Supreme Court Justice Blacklock: Why should the court give the lender rights it didn’t bargain for to get paid? https://t.co/PPpy0YJgdz— lawsinusa (@lawsinusa) November 14, 2024
Couchin’ The Truth: Dickey and Sharon Couch Battle The Unsung Fifth Circuit’s Three Straight Faces
The Fifth Circuit court has been reversed more times at SCOTUS than any other, and SCOTX continues to reject their Erie Guesses.
Morlock LLC’s 13 Years of “Thwarting Foreclosure” Ends With Free and Clear Title on $720k Valued Home
Another lawsuit on LIT involving Klein, aka Morlock LLC, who’s sanctioned lawyer Jerry Schutza obtains judgment that bank’s lien is void.
Morlock LLC: A Series of Baseless Lawsuits n’ Appeals by Sanctioned Texas Lawyer Sayeth Fed. Judges
Houston lawyer Jerry L. Schutza has been allowed to file frivolous lawsuits for decades, without any serious repercussions by the courts.
