Primary Residential Mortgage Inc. et al. v. Elizabeth Thomas et al. DO NOT DOCKET. CASE HAS BEEN REMANDED.
| Meritage Homes Of Texas LLC. and Maria Perez |
| Robert L Thomas and James Allen |
| MICHAEL PIZZITOLA, Primary Residential Mortgage Inc., MICHAEL MATERNA, RODNEY B HOWERTON, DAVID JORDAN, KEVIN MEUTH, DAVID MODLIN, MELISSA HANNA, MERITAGE HOMES OF TEXAS LLC, JEFF BARFIELD, CHRIS HUEBNER, STEWART TITLE COMPANY, MARY A LESTER, MTH LENDING GROUP LP, MERITAGE HOMES CORPORATION, MTH Lending Group, LP, Meritage Homes of Texas, LLC and Primary Residential Mortgage, Inc. |
| ELIZABETH THOMAS |
| McCarthy&HolthusLLP |
| 4:2019cv00559 |
| February 19, 2019 |
| US District Court for the Southern District of Texas |
| David Hittner |
| Other Fraud |
| 28 U.S.C. § 1441 Petition for Removal- Injunctive/Declarato |
| None |
Docket Report
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| Electronic Access to Record on Appeal Provided re: #51 Notice of Appeal - Amended to Kim G. Altsuler. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 19-20437), filed.(mperez, 1) |
Filing 54
Order of USCA Per Curiam; Judgment issued as mandate 11/25/19 re: #51 Notice of Appeal - Amended ; USCA No. 19-20437. IT IS ORDERED that the appellant's opposed motion to dismiss the appeal pursuant to FRAP 42 is GRANTED. IT IS FURTHER ORDERED that appellees' opposed motion for damages and double costs is GRANTED. Appellees are awarded the attorneys' fees set out in their motion and $48.60 in costs, filed.(EdnitaPonce, 1)
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Filing 53
ORDER denying #49 Motion for Emergency for Order to Show Cause Emergency Motion for Relief Pursuant to FRCP 60(b)(4).(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Electronic Access to Record on Appeal Provided re: #51 Notice of Appeal - Amended to James M. Andersen, Jennifer N. Chang and Barry S. Rabon. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 19-20437), filed.(mperez, 1) |
| Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #51 Notice of Appeal - Amended USCA No. 19-20437, filed.(mperez, 1) |
| Notice of Assignment of USCA No. 19-20437 re: #51 Notice of Appeal - Amended, filed.(mperez, 1) |
| Filing 52 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #51 Notice of Appeal - Amended. Fee status: Paid, filed. (Attachments: #1 Notice of Appeal) (JenniferLongoria, 1) |
| Filing 51 Amended NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Colleen M McClure, filed.(McClure, Colleen) |
| Appeal Review Notes re: #51 Notice of Appeal - Amended. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed.(JenniferLongoria, 1) |
| Filing 50 THIS ENTRY WAS INCORRECTLY RECORDED AND HAS BEEN RE-DOCKETED AS DOCUMENT #51 - NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Colleen M McClure (Filing fee $ 505, receipt number 0541-22644288), filed. (McClure, Colleen) Modified on 6/20/2019 (JenniferLongoria, 1). |
| Filing 49 EMERGENCY MOTION by James Allen, filed. (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, #10 Exhibit J, #11 Proposed Order)(McClure, Colleen) |
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Filing 48
ORDER denying #43 Counsel's Emergency Motion for Relief Pursuant to FRCP 60(b)(4).(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 47 REPLY to #45 Response to Motion For RELIEF PURSUANT TO Fed. R. Civ. P. 60(b)(4)., filed by Colleen M McClure. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McClure, Colleen) |
| Filing 46 NOTICE of Change of Law Firm Affiliation and Entry of Appearance by Primary Residential Mortgage Inc., filed. (Chang, Jennifer) |
| Filing 45 RESPONSE to #43 Ex Parte EMERGENCY MOTION filed by Meritage Homes Of Texas LLC.. (Altsuler, Kimberly) |
| Filing 44 Ex Parte SEALED EXHIBITS re: #43 Ex Parte EMERGENCY MOTION by Colleen M McClure, filed. (Attachments: #1 Appendix) (McClure, Colleen) |
| Filing 43 Ex Parte EMERGENCY MOTION by Colleen M McClure, filed. Motion Docket Date 6/19/2019. (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, #10 Exhibit J, #11 Proposed Order)(McClure, Colleen) |
| Filing 42 STATEMENT LettertoHonorableChiefJudgeRosenthal by James Allen, filed.(McClure, Colleen) |
| Filing 41 SEALED EXHIBITS C by James Allen, filed. (McClure, Colleen) |
| Filing 40 STATUS REPORT by James Allen, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement)(McClure, Colleen) |
| ***Delivery Confirmation for delivery date(s) 4/18/219 re: 38 Document(s) Sent, filed. (dhansen, 4) |
| Filing 39 LETTERTOCLERKOFCOURT FOR CERTIFIED MAILING OF ORDER by James Allen, filed. (Attachments: #1 Exhibit A, #2 Exhibit B)(McClure, Colleen) |
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Filing 37
ORDER of Sanctions and Preclusion(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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Filing 36
ORDER granting #11 Motion to Remand; granting #15 Motion to Remand. Plaintiff's shall recover attorneys' fees in the amount of $3,318.00 from Defendant jointly and severally, for which let execution issue. This case is remanded to the 127th Judicial District Court of Harris County, Texas.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 35 Summons Issued as to McCarthy&HolthusLLP. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) |
| Filing 34 REPLY to Response to #29 Opposed MOTION for Clarification, filed by Robert L Thomas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C-1, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(McClure, Colleen) |
| Filing 33 Request for Issuance of Summons as to Robert L Thomas, filed.(McClure, Colleen) |
| Filing 32 THIRD PARTY COMPLAINT against All Plaintiffs filed by James Allen.(McClure, Colleen) |
| Filing 31 RESPONSE in Opposition to #29 Opposed MOTION for Clarification, filed by Meritage Homes Of Texas LLC., Primary Residential Mortgage Inc.. (Attachments: #1 Exhibit A - Notice of Removal filed in State Court Case No. 2017-76078)(McKinney, Andrew) |
| Filing 30 NOTICE of Appearance by Roger G. Jain and Thomas H. Smith III on behalf of Maria Perez, filed. (Smith, Thomas) |
| Filing 29 Opposed MOTION for Clarification by James Allen, filed. Motion Docket Date 4/23/2019. (Attachments: #1 Proposed Order, #2 Judge's Procedures)(McClure, Colleen) |
| Filing 28 JOINDER in #20 Joinder, #17 Response in Opposition to Motion, #22 Surreply to Motion, #19 Reply in Support of Motion, #23 Surreply to Motion, #27 Reply to Response to Motion DeclarationofAttorneyJamesAndersen, filed by Elizabeth Thomas. (McClure, Colleen) |
| Filing 27 REPLY to Response to #15 MOTION to Remand, #11 MOTION to Remand, filed by James Allen. (McClure, Colleen) |
| Filing 26 RESPONSE to Defendants' Sur-Reply and Motion to Dismiss, and Request for Oral Hearing, filed by Meritage Homes Corporation, Meritage Homes Of Texas LLC.. (Altsuler, Kimberly) |
| Filing 25 STATEMENT OF DESIGNATED NAMED PARTIES by James Allen, filed.(McClure, Colleen) |
| Initial Filing fee: $400.00 re: #1 Notice of Removal, receipt number HOU087046, filed. (thanniable, 4) |
| Filing 24 CERTIFICATE OF INTERESTED PARTIES by Mary A Lester, MTH Lending Group, LP, Meritage Homes Of Texas LLC., Primary Residential Mortgage Inc., Stewart Title Company, filed.(Chang, Jennifer) |
| Filing 23 SURREPLY to #15 MOTION to Remand, #11 MOTION to Remand, filed by James Allen. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(McClure, Colleen) |
| Filing 22 SURREPLY to #15 MOTION to Remand, #11 MOTION to Remand, filed by James Allen. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(McClure, Colleen) |
| Filing 21 CLERKS NOTICE of Filing Fee Due. Parties notified, filed. (klove, 4) |
| Filing 20 JOINDER in #15 MOTION to Remand, #11 MOTION to Remand , filed by MTH Lending Group, LP. (Attachments: #1 Exhibit A, #2 Proposed Order)(Holidy, Dale) |
| Filing 19 REPLY in Support of #11 MOTION to Remand, filed by Meritage Homes Of Texas LLC., Primary Residential Mortgage Inc.. (Altsuler, Kimberly) |
| Filing 18 AFFIDAVIT of Jennifer Chang re: #11 MOTION to Remand, filed. (Attachments: #1 Exhibit 1)(McKinney, Andrew) |
| Filing 17 RESPONSE in Opposition to #15 MOTION to Remand, filed by James Allen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(McClure, Colleen) |
| Filing 16 REPLY to Response to #6 Opposed EMERGENCY MOTION MOTION to Alter Judgment, filed by Robert L Thomas. (Attachments: #1 Exhibit A)(McClure, Colleen) |
| Filing 15 MOTION to Remand by Stewart Title Company, filed. Motion Docket Date 3/20/2019. (Attachments: #1 Exhibit A (state court notice), #2 Proposed Order)(McElhaney, Scott) |
| Filing 14 RESPONSE to #7 Opposed EMERGENCY MOTION MOTION for Preliminary Injunction, #6 Opposed EMERGENCY MOTION MOTION to Alter Judgment, #11 MOTION to Remand filed by Meritage Homes Of Texas LLC., Primary Residential Mortgage Inc.. (Altsuler, Kimberly) |
| Filing 13 RESPONSE in Opposition to #11 MOTION to Remand, filed by James Allen. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Proposed Order, #15 Proposed Order, #16 Proposed Order)(McClure, Colleen) |
| Filing 12 AFFIDAVIT, filed. (Attachments: #1 Exhibit Exhibit 1)(Altsuler, Kimberly) |
| Filing 11 MOTION to Remand by Meritage Homes Of Texas LLC., Primary Residential Mortgage Inc., filed. Motion Docket Date 3/15/2019. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Proposed Order Proposed Order, #7 Proposed Order Proposed Order, #8 Proposed Order Proposed Order)(Altsuler, Kimberly) |
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Filing 10
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/24/2019 at 02:00 PM in Courtroom 703 before Magistrate Judge Peter Bray(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 9 NOTICE Amended Notice of Removal re: #1 Notice of Removal by James Allen, filed. (McClure, Colleen) |
| Filing 8 NOTICE of Transfer. Case reassigned to Judge David Hittner for the following reason: Related to case H-18-cv--0851 and agreement between the judges. Chief Judge Lee H Rosenthal no longer assigned to the case. Parties notified, filed. (leddins, 4) |
| Filing 7 Opposed EMERGENCY MOTION( Motion Docket Date 3/13/2019.), MOTION for Preliminary Injunction by Robert L Thomas, filed. (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, #10 Exhibit I-A, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Proposed Order)(McClure, Colleen) |
| Filing 6 Opposed EMERGENCY MOTION( Motion Docket Date 3/13/2019.), MOTION to Alter Judgment by James Allen, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order)(McClure, Colleen) |
| Filing 5 NOTICE OFUNCONSOLIDATED CASE re: #1 Notice of Removal by MICHAEL PIZZITOLA, KEVIN MEUTH, DAVID JORDAN, RODNEY B HOWERTON, DAVID MODLIN, JEFF BARFIELD, MICHAEL MATERNA, CHRIS HUEBNER, MELISSA HANNA, ELIZABETH THOMAS, filed. (McClure, Colleen) |
| Filing 4 NOTICE OFUNCONSOLIDATED CASE re: #1 Notice of Removal by ELIZABETH THOMAS, MERITAGE HOMES CORPORATION, MERITAGE HOMES OF TEXAS LLC, MTH LENDING GROUP LP, PRIMARY RESIDENTIAL MORTGAGE INC., STEWART TITLE COMPANY, MARY A LESTER, filed. (McClure, Colleen) |
| Filing 3 CERTIFICATE OF INTERESTED PARTIES by Robert L Thomas, filed.(McClure, Colleen) |
| Filing 2 NOTICE OFRELATEDCASEMOTIONTOTRANSFER by Robert L Thomas, filed. (Attachments: #1 Proposed Order)(McClure, Colleen) |
| Filing 1 NOTICE OF REMOVAL from 127th Judicial District court, case number 2018-91506 () filed by Elizabeth Thomas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(McClure, Colleen) |
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