Latty v. DHI Mortgage Company, LTD.
[Hanks, Judge, IFP – Eskridge, Judge, Case]
(4:22-cv-01216)
District Court, S.D. Texas
MAY 5, 2022 | REPUBLISHED BY LIT: MAY 8, 2022
Judgment – Final
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 31 Memorandum and Recommendations. The Memorandum and Recommendation of the Magistrate Judge is ADOPTED as the Memorandum and Order of this Court. Dkt 31.
Plaintiff’s claims are DISMISSED WITH PREJUDICE.
A final judgment will enter separately
(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01216
| Latty v. DHI Mortgage Company, LTD. Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 15:1601 Truth in Lending |
Date Filed: 04/13/2022 Jury Demand: None Nature of Suit: 371 Truth in Lending Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/11/2022 | 26 | REPLY in Support of 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint of Aug 19, 2022, filed by DHI Mortgage Company, LTD.. (Cooper, Charles) (Entered: 10/11/2022) |
| 01/26/2023 | 27 | ORDER Granting 19 Motion to Amend and Denying 21 Motion for Declaratory and Injunctive Relief. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) (Entered: 01/27/2023) |
| 03/20/2023 | 28 | MOTION Request for AdmissionMotions referred to Christina A Bryan. by Patrick Peter Pryce Latty, Jr, filed. Motion Docket Date 4/10/2023. (DarleneHansen, 4) (Entered: 03/21/2023) |
| 04/13/2023 | 29 | Letter from DHI Mortgage Company, LTD re: Scheduling Order, filed. (Attachments: # 1 Exhibit) (MelissaMorgan, 4) (Entered: 04/13/2023) |
| 04/14/2023 | 30 | ORDER re 29 Defendant’s Letter re Scheduling Order. It is therefore ORDERED that the May 18, 2022 Scheduling and Docket Control Order is VACATED. The Court will enter a new Docket Control Order as appropriate after ruling on the pending Motion to Dismiss (ECF 22), as well as Plaintiffs pending Motion for Declaratory Judgment (ECF 20). Deadlines terminated. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) (Entered: 04/14/2023) |
| 04/24/2023 | 31 | MEMORANDUM AND RECOMMENDATIONS re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 20 MOTION for Declaratory and Injunctive Relief. Objections to M&R due by 5/8/2023 (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) (Entered: 04/24/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 04/26/2023 11:48:25 |
Order on Motion for Miscellaneous Relief AND Order on Motion to Amend
No movement since Oct. 11
ORDER denying without prejudice 5 Motion to Dismiss for Failure to State a Claim.
For the reasons stated on the record,- LIT: where on the record does it explain why you denied the motion?
it is ORDERED that Defendant’s Motion to Dismiss (ECF 5) is denied without prejudice to refiling.
It is further ORDERED that Plaintiff shall file a Proposed Amended Complaint on or before September 19, 2022.
It is further ORDERED that Defendant may file a motion to dismiss or other response to the Proposed Amended Complaint on or before October 10, 2022.
It is further ORDERED that discovery will not take place until after the Court rules on any Motion to Dismiss filed by Defendant.
(Signed by Magistrate Judge Christina A Bryan)
Parties notified.
(MelissaMorgan, 4) (Entered: 08/15/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01216
| Latty v. DHI Mortgage Company, LTD. Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 15:1601 Truth in Lending |
Date Filed: 04/13/2022 Jury Demand: None Nature of Suit: 371 Truth in Lending Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/02/2022 | 11 | CORPORATE DISCLOSURE STATEMENT by DHI Mortgage Company, LTD. identifying D.R. Horton, Inc. as Corporate Parent, filed.(Kieval, Michael) (Entered: 06/02/2022) |
| 06/07/2022 | 12 | NOTICE of Appearance by Charles Cooper on behalf of DHI Mortgage Company, LTD., filed. (Cooper, Charles) (Entered: 06/07/2022) |
| 07/25/2022 | 13 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by DHI Mortgage Company, LTD., filed.(Cooper, Charles) (Entered: 07/25/2022) |
| 07/25/2022 | 14 | INITIAL DISCLOSURES by Patrick Peter Pryce Latty, Jr, filed.(BrandisIsom, 4) (Entered: 07/25/2022) |
| 07/26/2022 | 15 | INITIAL DISCLOSURES by Patrick Peter Pryce Latty, Jr, filed.(rguerrero, 4) (Entered: 07/26/2022) |
| 08/04/2022 | 16 | SUPPLEMENT TO INITIAL DISCLOSURES by Patrick Peter Pryce Latty, Jr, filed.(jdav, 4) (Entered: 08/04/2022) |
| 08/11/2022 | 17 | BRIEF in Support of Motion for Leave to Amend Complaint by Patrick Peter Pryce Latty, Jr, filed. (BrandisIsom, 4) (Entered: 08/11/2022) |
| 08/15/2022 | 18 | ORDER denying without prejudice 5 Motion to Dismiss for Failure to State a Claim. For the reasons stated on the record, it is ORDERED that Defendant’s Motion to Dismiss (ECF 5) is denied without prejudice to refiling. It is further ORDERED that Plaintiff shall file a Proposed Amended Complaint on or before September 19, 2022. It is further ORDERED that Defendant may file a motion to dismiss or other response to the Proposed Amended Complaint on or before October 10, 2022. It is further ORDERED that discovery will not take place until after the Court rules on any Motion to Dismiss filed by Defendant.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) (Entered: 08/15/2022) |
| 08/19/2022 | 19 | MOTION for Proposed Amended Complaint Motions referred to Christina A Bryan. by Patrick Peter Pryce Latty, Jr, filed. Motion Docket Date 9/9/2022. (AkeitaMichael, 4) (Entered: 08/19/2022) |
| 09/01/2022 | 20 | MOTION for Declaratory and Injunctive Relief Motions referred to Christina A Bryan. by Patrick Peter Pryce Latty, Jr, filed. Motion Docket Date 9/22/2022. (Attachments: # 1 Exhibit 2 Closing Disclosures, # 2 Exhibit Promissory Note/ Security Instrument, # 3 Exhibit Deed of Trust, # 4 Exhibit Wire Transfer, # 5 Exhibit Mavent TILA Compliance Report, # 6 Exhibit Finance Charge Chart/Matrix, # 7 Exhibit Attorney Response)(AkeitaMichael, 4) (Entered: 09/01/2022) |
| 09/08/2022 | 21 | MOTION for Judicial NoticeMotions referred to Christina A Bryan. by Patrick Peter Pryce Latty, Jr, filed. Motion Docket Date 9/29/2022. (Attachments: # 1 Exhibit)(DMcKinnieRichardson, 4) (Entered: 09/08/2022) |
| 09/19/2022 | 22 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint of Aug 19, 2022 Motions referred to Christina A Bryan. by DHI Mortgage Company, LTD., filed. Motion Docket Date 10/11/2022. (Attachments: # 1 Exhibit 1: April 2022 Email, # 2 Exhibit 2: September 2022 Email)(Cooper, Charles) (Entered: 09/19/2022) |
| 09/22/2022 | 23 | RESPONSE to 20 MOTION for Declaratory and Injunctive Relief filed by DHI Mortgage Company, LTD.. (Cooper, Charles) (Entered: 09/22/2022) |
| 09/28/2022 | 24 | RESPONSE in Opposition to 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint of Aug 19, 2022, filed by Patrick Peter Pryce Latty, Jr. (AkeitaMichael, 4) (Entered: 09/28/2022) |
| 09/29/2022 | 25 | RESPONSE to 21 MOTION for Judicial notice filed by DHI Mortgage Company, LTD.. (Cooper, Charles) (Entered: 09/29/2022) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 10/10/2022 08:59:22 |
Fraud on the court and Fraud by the court is becoming a standard problem that is ignored by the vast majority of media outlets – LIT ain’t one – it’s criminal behavior https://t.co/4arK71yUcX @USAO_SDTX @uscourts @FBIHouston @Public_Justice @statesman @HoustonChron @dallasnews
— lawsinusa (@lawsinusa) May 27, 2022
This plaintiff should be indicted for IFP fraud.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01216
| Latty v. DHI Mortgage Company, LTD. Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 15:1601 Truth in Lending |
Date Filed: 04/13/2022 Jury Demand: None Nature of Suit: 371 Truth in Lending Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/13/2022 | 1 | COMPLAINT against DHI Mortgage Company, LTD. filed by Patrick Peter Pryce Latty, Jr. Application to Proceed IFP Granted on 4/13/2022 by Judge George C. Hanks, Jr. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (SpencerSavarese, 4) (Entered: 04/15/2022) |
| 04/18/2022 | 2 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (BrandisIsom, 4) (Entered: 04/18/2022) |
| 04/28/2022 | 3 | RETURN of Service of SUMMONS Executed as to DHI Mortgage Company, LTD. served on 4/25/2022, answer due 5/16/2022, filed.(NeldaGarcia, 2) (Entered: 04/28/2022) |
| 05/16/2022 | 4 | NOTICE of Appearance by Michael Kieval on behalf of DHI Mortgage Company, LTD., filed. (Kieval, Michael) (Entered: 05/16/2022) |
| 05/16/2022 | 5 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DHI Mortgage Company, LTD., filed. Motion Docket Date 6/6/2022. (Attachments: # 1 Exhibit 1–Email to Plaintiff re Loan File, # 2 Exhibit 2–Closing Disclosure (Jan. 7, 2022), # 3 Exhibit 3–Freedom to Choose Ins Decl, # 4 Exhibit 4–Email to Plaintiff to Confer, # 5 Proposed Order Granting Motion to Dismiss)(Kieval, Michael) (Entered: 05/16/2022) |
| 05/16/2022 | 6 | CORPORATE DISCLOSURE STATEMENT by DHI Mortgage Company, LTD. identifying D.R. Horton, Inc. as Corporate Parent, filed.(Kieval, Michael) (Entered: 05/16/2022) |
| 05/18/2022 | 7 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/25/2022 at 10:30 AM in Courtroom 701 before Magistrate Judge Christina A Bryan(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4) (Entered: 05/18/2022) |
| 05/18/2022 | 8 | SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 09/23/2022. Joinder of Parties due by 08/24/2022. Plaintiff Expert Report due by 03/22/2023. Deft Expert Report due by 04/21/2023. Discovery due by 06/06/2023. Mediation due by 08/22/2023. Dispositive Motion Filing due by 07/06/2023. Non-Dispositive Motion Filing due by 07/06/2023. Joint Pretrial Order due by 09/21/2023. Docket Call set for 11/21/2023 at 9:30 AM before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified. (MelissaMorgan) (Entered: 5/18/2022) (Entered: 05/18/2022) |
| 05/18/2022 | 9 | ORDER REFERRING CASE to Magistrate Judge Christina A Bryan(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4) (Entered: 05/18/2022) |
| 05/26/2022 | 10 | NOTICE of Resetting. Parties notified. Initial Conference reset for 8/15/2022 at 10:15 AM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed. (MelissaMorgan, 4) (Entered: 05/26/2022) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 05/27/2022 07:40:30 |
New IFP foreclosure. Bookmark for Updates.
Interesting how Judge Hanks approves IFP but case before Judge Eskridge, and how this litigant obtained IFP status after paying the fee for Tiffany lawsuit in federal court. Has Latty pawned the bling per his IFP application or is the soon-to-be-wife still wearin’ it? When’s the wedding? Is it still on? Are guests paying for the meal and drinks? How about that honeymoon, where are these lovebirds jetting away and where will they be stayin’. With a 26G engagement ring, it’s bound to be a lavish and expensive event…
Fraud on the court and Fraud by the court is becoming a standard problem that is ignored by the vast majority of media outlets – LIT ain’t one – it’s criminal behavior https://t.co/4arK71yUcX @USAO_SDTX @uscourts @FBIHouston @Public_Justice @statesman @HoustonChron @dallasnews
— lawsinusa (@lawsinusa) May 27, 2022
Pryce-Latty v. Tiffany & Co.
[Bennett, Judge]
(4:22-cv-00419)
District Court, S.D. Texas
FEB 8, 2022 | REPUBLISHED BY LIT: MAY 8, 2022
Ain’t it interesting how this case is dismissed after this article was published.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00419
| Pryce-Latty v. Tiffany & Co. Assigned to: Judge Alfred H Bennett Cause: 15:1692 Fair Debt Collection Act |
Date Filed: 02/08/2022 Date Terminated: 05/26/2022 Jury Demand: None Nature of Suit: 480 Consumer Credit Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/08/2022 | 1 |
COMPLAINT against Tiffany & Co. filed by Patrick Peter Pryce-Latty, Jr. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(SamanthaWarda, 4) (Entered: 02/08/2022) |
| 02/08/2022 | 2 | Summons Issued as to Tiffany & Co.. Issued summons delivered to plaintiff in person, filed.(SamanthaWarda, 4) (Entered: 02/08/2022) |
| 02/09/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/6/2022 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(RachelSalazar, 4) (Entered: 02/09/2022) |
| 05/10/2022 | 4 | NOTICE of Setting. Parties notified. Status Conference set for 5/20/2022 at 10:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 05/10/2022) |
| 05/17/2022 | 5 | NOTICE of Resetting. Parties notified. Status Conference set for 5/26/2022 at 01:30 PM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 05/17/2022) |
| 05/26/2022 | 6 | ORDER OF DISMISSAL. Case terminated on 5/26/22 (Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 05/26/2022) |
The 26G’s Bling Ring Lawsuit.
NOTICE of Setting. Parties notified. Status Conference set for 5/20/2022 at 10:00 AM in Courtroom 8C before Judge Alfred H Bennett
The Legend of Matthew Bader: A Notary’s Flaw in a Rocket Foreclosure Showdown In Harris County
When a Texas affidavit goes wrong and a notary’s past raises eyebrows, you know the courts are ready to grant another low-ball cash bond TRO.
Wild West Hired Guns Misfire: PHH ONITY’s Cooked-Up n’ Cockamamie Arguments Implode
Judge Werlein recused in July and hence ONITY’s argument is frivolous, and their motion for summary judgment violates court procedures.
Bullet in The Back: Thug With a JD and Felon Lehman Contracted by Government as Covert Operative
Felon Lehman is a pawn, with government power recklessly inciting illegal acts by violent legal agents at the expense of justice.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01216
Create an Alert for This Case on RECAP
| Latty v. DHI Mortgage Company, LTD. Assigned to: Judge Charles Eskridge
Cause: 15:1601 Truth in Lending |
Date Filed: 04/13/2022 Jury Demand: None Nature of Suit: 371 Truth in Lending Jurisdiction: Federal Question |
| Plaintiff | ||
| Patrick Peter Pryce Latty, Jr. | represented by | Patrick Peter Pryce Latty, Jr. 2908 Gunnersbury Dr. Houston, TX 77047 914-786-3642 PRO SE |
| V. | ||
| Defendant | ||
| DHI Mortgage Company, LTD. | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 04/13/2022 | 1 | COMPLAINT against DHI Mortgage Company, LTD. filed by Patrick Peter Pryce Latty, Jr. Application to Proceed IFP Granted on 4/13/2022 by Judge George C. Hanks, Jr. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (SpencerSavarese, 4) (Entered: 04/15/2022) |
| 04/18/2022 | 2 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (BrandisIsom, 4) (Entered: 04/18/2022) |
| 04/28/2022 | 3 | RETURN of Service of SUMMONS Executed as to DHI Mortgage Company, LTD. served on 4/25/2022, answer due 5/16/2022, filed.(NeldaGarcia, 2) (Entered: 04/28/2022) |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00419
Create an Alert for This Case on RECAP
| Pryce-Latty v. Tiffany & Co. Assigned to: Judge Alfred H Bennett Cause: 15:1692 Fair Debt Collection Act |
Date Filed: 02/08/2022 Jury Demand: None Nature of Suit: 480 Consumer Credit Jurisdiction: Federal Question |
| Plaintiff | ||
| Patrick Peter Pryce-Latty, Jr. | represented by | Patrick Peter Pryce-Latty, Jr. 2908 Gunnersbury Drive Houston, TX 77047 PRO SE |
| V. | ||
| Defendant | ||
| Tiffany & Co. | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 02/08/2022 | 1 | COMPLAINT against Tiffany & Co. filed by Patrick Peter Pryce-Latty, Jr. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(SamanthaWarda, 4) (Entered: 02/08/2022) |
| 02/08/2022 | 2 | Summons Issued as to Tiffany & Co.. Issued summons delivered to plaintiff in person, filed.(SamanthaWarda, 4) (Entered: 02/08/2022) |
| 02/09/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/6/2022 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(RachelSalazar, 4) (Entered: 02/09/2022) |
Business Description
Oceanic Trench New York is located in Bronxville, New York. This organization primarily operates in the Electronic Shopping business / industry within the Miscellaneous Retail sector.
This organization has been operating for approximately 3 years. Oceanic Trench New York is estimated to generate $22,617 in annual revenues, and employs approximately 3 people at this single location.
Contact Information
Oceanic Trench New York, Inc.
1234 Midland Ave
Bronxville, NY 10708
Contact: Patrick Pryce-Latty
Title: President
Phone: (347) 401-4627
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00419
| Pryce-Latty v. Tiffany & Co. Assigned to: Judge Alfred H Bennett Cause: 15:1692 Fair Debt Collection Act |
Date Filed: 02/08/2022 Jury Demand: None Nature of Suit: 480 Consumer Credit Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/08/2022 | 1 | COMPLAINT against Tiffany & Co. filed by Patrick Peter Pryce-Latty, Jr. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(SamanthaWarda, 4) (Entered: 02/08/2022) |
| 02/08/2022 | 2 | Summons Issued as to Tiffany & Co.. Issued summons delivered to plaintiff in person, filed.(SamanthaWarda, 4) (Entered: 02/08/2022) |
| 02/09/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/6/2022 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(RachelSalazar, 4) (Entered: 02/09/2022) |
| 05/10/2022 | 4 | NOTICE of Setting. Parties notified. Status Conference set for 5/20/2022 at 10:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 05/10/2022) |
