Walton v. JP Morgan Chase Bank N.A.
(4:22-cv-01886)
District Court, S.D. Texas, Judge Keith Ellison
The $119 Million Dollar Work-from-Home Civil Action by Byron C. Walton of 11739 Echo Spring Ln, Houston, TX 77065
JUN 8, 2022 | REPUBLISHED BY LIT: JUN 10, 2022
On July 25, without the aid of his retained counsel, Sonya Chandler Anderson, non-prisoner, pro se Byron Walton and his company (which LIT nor JPMorgan can locate as a registered entity) non-suits without prejudice. On the same day, Judge Keith P. Ellison grants the order.
What is a CIP and is there a deadline?
A CIP is a “Certificate of Interested Persons” and it has to be filed within 15 days of the ORDER for Initial Conference.
When was the CIP due in this case?
On or before June 24, 2022.
Why has lawyer Sonya Chandler Anderson not filed one?
Because lawyers are above the law and friends of the court in S.D. Texas.
Oh no, another premature lawyer – David Levy of Morgan Lewis – who is violatin’ federal laws and rules.
Whether you’re right or wrong about the lawsuit, there’s protocol and y’all should know it since you REMOVED the case to federal court.
Remember, the MOTION to Dismiss should never be filed before the Initial Conference and that’s been set as August 26, 2022.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01886
Create an Alert for This Case on RECAP
| Walton et al v. JP Morgan Chase Bank N.A. et al Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 06/08/2022 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Byron Walton | represented by | Sonya Chandler Anderson The Law Office of Sonya Chandler Anderson 1202 1St St E No. 2532 Humble, Tx 77347 281-905-5020 Fax: 866-664-5215 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Cargill USA LLC | represented by | Sonya Chandler Anderson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| JP Morgan Chase Bank N.A. also known as JP Morgan Chase & Co. |
represented by | Cullen Garrett Pick Morgan Lewis & Bockius LLP 1000 Louisiana St Ste 4000 Houston, TX 77002 713-890-5470 Email: cullen.pick@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMaryann Bishai Zaki Morgan Lewis et al 1000 Louisiana Ste 4000 Houston, TX 77002 713-890-5000 Email: maryann.zaki@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDDavid Jack Levy Morgan Lewis Bockius L.L.P. 1000 Louisiana Ste 4000 Houston, TX 77002 713-890-5170 Fax: 713-890-5001 Email: david.levy@morganlewis.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Matthew Ellison | represented by | Cullen Garrett Pick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMaryann Bishai Zaki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDDavid Jack Levy (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Paymentech, LLC | represented by | Cullen Garrett Pick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMaryann Bishai Zaki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDDavid Jack Levy (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/08/2022 | 1 | NOTICE OF REMOVAL from 334th Judicial District of Harris County, Texas, case number 2022-31080 (Filing fee $ 402 receipt number ATXSDC-28295656) filed by Paymentech, LLC, JP Morgan Chase Bank N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit C, # 6 Exhibit D, # 7 Civil Cover Sheet)(Levy, David) (Entered: 06/08/2022) |
| 06/08/2022 | 2 | CORPORATE DISCLOSURE STATEMENT by JP Morgan Chase Bank N.A., Paymentech, LLC identifying JPMorgan Chase & Co. as Corporate Parent, filed.(Levy, David) (Entered: 06/08/2022) |
| 06/09/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/26/2022 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(hcarr, 4) (Entered: 06/09/2022) |
| 06/23/2022 | 4 | MOTION to Compel Arbitration, MOTION to Dismiss ( Motion Docket Date 7/14/2022.) by JP Morgan Chase Bank N.A., Paymentech, LLC, filed. (Attachments: # 1 Affidavit Declaration of David Levy, # 2 Exhibit 1 to Declaration of D. Levy, # 3 Exhibit 2 to Declaration of D. Levy, # 4 Exhibit 3 to Declaration of D. Levy, # 5 Proposed Order)(Levy, David) (Entered: 06/23/2022) |
| 06/23/2022 | 5 | CERTIFICATE OF INTERESTED PARTIES by JP Morgan Chase Bank N.A., Paymentech, LLC, filed.(Levy, David) (Entered: 06/23/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/23/2022 15:22:36 |
On May 24, 2022, Plaintiffs Byron Walton and Cargill USA LLC (“Plaintiffs”) filed the “Original Petition, Ex-Parte Application for a Temporary Order, and Application for Temporary Injunction” against “JP Morgan Chase Bank N.A., AKA JP Morgan Chase Bank & Co.[,] Mathew [sic] Ellison and Paymentech, LLC”1 in the 334th Judicial District Court of Harris, County, styled Byron Walton and Cargill USA LLC v. JP Morgan Chase Bank N.A. et al., Cause No. 2022-31080 on May 24, 2022 (“State Court Action”).
See Exhibit B-2 (Plaintiffs’ Petition).
In the State Court Action, Plaintiffs allege that JPMC improperly “debit[ed] the Plaintiff’s account for merchant services fees and ma[de] an erroneous statement about the Plaintiffs to the public . . . subject[ing] the Plaintiffs to immediate and irreparable injury, damages, and harm.”
Pet. at pp. 1-2.
The Plaintiffs requested an ex-parte Temporary Restraining Order and set it for hearing for May 25, 2022.
JPMC received notice of the filed Petition and TRO hearing on May 24, 2022.
The initial TRO was initially passed as the parties agreed to enter into an agreement to preserve the status quo while the parties arbitrate pursuant to a mandatory arbitration clause.
However, on June 2, 2022, Plaintiffs’ counsel notified JPMC’s counsel by e-mail at 9:48 a.m. of a TRO hearing set for that day at 12:30pm.
After brief oral argument, the ancillary Judge granted the Plaintiffs’ TRO. See Exhibit B-3.
Byron Walton is an individual residing in Houston, Texas. See Pet. at ¶ 1; Pet. Ex.
Plaintiffs name “Cargill USA LLC” as a Plaintiff. However, a search with the Texas Secretary of State yields no results for this entity. The only document JPMC has been able to locate after a diligent search is an Assumed Name Record/Certificate of Ownership for Unincorporated Business or Profession for “Cargill USA.”
See Exhibit C.
Plaintiff Byron Walton is listed as the sole owner, and his home address is listed.
See id.; see also Pet. Ex. 3
(matching the same Houston, Texas address for Plaintiff Byron Walton).
Plaintiff Byron Walton’s Merchant Application and Agreement also selects Texas as the State of Formation for his account and identifies “Cargill USA” as the name under which he was doing business as a sole proprietor.
Pet. Ex. 3.
Thus, Plaintiff “Cargill USA LLC” a/k/a “Cargill USA” is a citizen of Texas for diversity purposes.
In court unabashedly with a bankruptcy petition, when Thievin’ Texas Lawyer Chris Pettit should be in Shackles and Orange before a Federal Judge under Criminal Indictment. Allegedly he Stole Tens of Millions from clients. This is why Lawyers Trust Accounts need Externally Audited https://t.co/4kJniJp9xL pic.twitter.com/00lqkRtU4W
— lawsinusa (@lawsinusa) June 6, 2022
202231080
WALTON, BYRON vs. JP MORGAN CHASE BANK N A (AKA JP MORGAN CHASE BANK
(Court 334, JUDGE DAWN ROGERS)
MAY 24, 2022 | REPUBLISHED BY LIT: JUN 10, 2022
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