Haywood et al v. Texas Realator et al

3:22-cv-02174 | Texas Northern District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Dallas
Judge Judge Ed Kinkeade
Filed Sept. 30, 2022
Terminated Aug. 29, 2023
Case Flags CASREF, CLOSED, and JURY
Magistrate Magistrate Judge Rebecca Rutherford
Nature of Suit 440 Civil Rights - Other
Cause 18:241 Conspiracy Against Citizen Rights
Jury Demand Plaintiff
Last Updated: 7 months ago Show Interactive Timeline
Filing Date # Docket Text
3/7/2024MANDATE of USCA as to 50 Notice of Appeal filed by Tianikwa Haywood. The appeal is DISMISSED for want of jurisdiction. Issued as Mandate: 3/7/2024. (axm) (Entered: 03/14/2024)
12/5/2023 NOTICE OF APPEAL to the Fifth Circuit by Tianikwa Haywood. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (axm) (Entered: 12/07/2023)
10/31/2023Objections to Response to Plaintiff Objections filed by Paul-Douglas Celestine, Tianikwa Haywood re: 34 Findings and Recommendations. (cfk) (Entered: 11/01/2023)
10/31/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:48. Tue Oct 31 13:20:38 CDT 2023 (crt) (Entered: 10/31/2023)
10/30/2023
  • Order
ORDER - Before the Court is Plaintiffs' Motion to Alter or Amend Judgment Due to Fraud, Error, and Violation of the Constitution Against the American People and Brech (sic) of Contract by the United States Magistrate Judge ("Motion to Alter or Amend Judgment"), filed on September 18, 2023 (Doc. No. 46) and Defendant Mackie Wolf Zientz & Mann, P.C.'s Response to Plaintiffs' Motion to Alter or Amend Judgment, fled on October 2, 2023 (Doc. No. 47). The Court adopted U.S. Magistrate Judge Rebecca Rutherford's Findings, Conclusions, and Recommendation on August 29, 2023, and entered Judgment DISMISSING Plaintiffs' claims as frivolous and without merit. Plaintiffs' Motion to Alter or Amend Judgment is also frivolous and without merit and is therefore DENIED. (Ordered by Judge Ed Kinkeade on 10/30/2023) (chmb) (Entered: 10/30/2023)
10/2/2023
  • Response
RESPONSE filed by Mackie Wolf Zientz Man PC Law Firm re: 46 MOTION to Amend/Correct 45 Judgment, (Attachments: # 1 Proposed Order) (Cronenwett, Mark) Modified on 10/3/2023 (kaf). (Entered: 10/02/2023)
9/18/2023
  • Motion to Amend Judgment
MOTION to Amend/Correct 45 Judgment filed by Tianikwa Haywood. (kaf) (Entered: 09/18/2023)
8/29/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:44. Tue Aug 29 15:01:24 CDT 2023 (crt) (Entered: 08/29/2023)
8/29/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:45. Tue Aug 29 14:59:54 CDT 2023 (crt) (Entered: 08/29/2023)
8/29/2023
  • Motion for JudgmentGranted
JUDGMENT - The Court has entered its Order accepting the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that PennyMac and Mackie Wolfs' Motion to Dismiss (ECF No. 6) pursuant to Federal Rule of Civil Procedure 12(b)(5) and DHI Mortgage and DHI Titles' Motion to Dismiss (ECF No. 10) pursuant to Rule 12(b)(6), are GRANTED. Because Plaintiffs' claims are frivolous and without merit, the Court DISMISSES all of Plaintiffs remaining claims and causes of action. Each party shall bear its own costs and fees. (Ordered by Judge Ed Kinkeade on 8/29/2023) (chmb) (Entered: 08/29/2023)
8/29/2023
  • Order
ORDER ACCEPTING FINDINGS, CONCLUSIONS, ANDRECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE - The Court has under consideration the Findings, Conclusions, and Recommendation of United States Magistrate Judge dated August 7, 2023. (ECF No. 34). Plaintiffs filed Objections on August 24, 2023. The Court has made a de novo review of those portions of the proposed Findings, Conclusions, and Recommendation to which objections were made. The objections are OVERRULED. PennyMac and Mackie Wolfs' Motion to Dismiss (ECF No. 6) pursuant to Federal Rule of Civil Procedure 12(b)(5) and DHI Mortgage and DHI Titles' Motion to Dismiss (ECF No. 10) pursuant to Rule 12(b)(6), are GRANTED. Finally, because Plaintiffs' claims are frivolous and without merit, the Court DISMISSES all of Plaintiffs' remaining claims and causes of action. Plaintiffs' Petition for Summary Judgment (ECF No. 39), Petition for Mediation (ECF No. 41), and Petition for Hearing (ECF No. 42), are DENIED. (Ordered by Judge Ed Kinkeade on 8/29/2023) (chmb) (Entered: 08/29/2023)
8/29/2023
  • Responseby Δ
RESPONSE filed by Mackie Wolf Zientz Man PC Law Firm re: 38 Objection to Findings and Recommendations (Attachments: # 1 Proposed Order) (Cronenwett, Mark) (Entered: 08/29/2023)
8/24/2023
  • Motion
Petition for Hearing filed by Paul-Douglas Celestine, Tianikwa Haywood. (axm) (Entered: 08/27/2023)
8/24/2023
  • Motion to Refer Case to Mediation
Petition for Mediation filed by Paul-Douglas Celestine, Tianikwa Haywood. (axm) (Main Document 41 replaced on 8/27/2023) (axm). (Entered: 08/27/2023)
8/24/2023
  • Motion for Jury Trial
DEMAND for Trial by Jury by Paul-Douglas Celestine, Tianikwa Haywood. (axm) (Entered: 08/27/2023)
8/24/2023
  • Motion for Summary Judgment
Petition for Summary Judgment filed by Paul-Douglas Celestine, Tianikwa Haywood. (axm) (Entered: 08/27/2023)
8/24/2023OBJECTION to 34 Findings and Recommendations by Paul-Douglas Celestine, Tianikwa Haywood. (axm) (Main Document 38 replaced on 8/27/2023) (axm). (Entered: 08/27/2023)
8/10/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:37. Thu Aug 10 16:11:36 CDT 2023 (crt) (Entered: 08/10/2023)
8/9/2023
  • Order
ORDER: Judge Rutherford's Order is neither clearly erroneous nor contrary to law. Movants' Objection is OVERRULED, and Judge Rutherford's Order is affirmed in all respects. (Ordered by Judge Ed Kinkeade on 8/9/2023) (chmb) (Entered: 08/10/2023)
8/9/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document #36 Wed Aug 9 19:05:10 CDT 2023 (crt) (Entered: 08/09/2023)
8/7/202336
  • Order
ELECTRONIC ORDER finding as moot 32 Motion for Discovery. The magistrate judge has entered 34 findings and a recommendation that the Court should dismiss all of Plaintiffs' claims and causes of action because they are frivolous and without merit. (Ordered by Magistrate Judge Rebecca Rutherford on 8/7/2023) (Magistrate Judge Rebecca Rutherford) (Entered: 08/07/2023)
8/7/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:34, 35. Mon Aug 7 16:20:15 CDT 2023 (crt) (Entered: 08/07/2023)
8/7/2023
  • Motion to Withdraw as CounselGranted
ORDER granting 33 Motion to Withdraw as Attorney. Attorney Elizabeth K Duffy terminated. (Ordered by Magistrate Judge Rebecca Rutherford on 8/7/2023) (sxf) (Entered: 08/07/2023)
8/7/2023FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE re: 3 Complaint. (Ordered by Magistrate Judge Rebecca Rutherford on 8/7/2023) (sxf) (Entered: 08/07/2023)
7/31/2023
  • Motion to Withdraw as Counselby Δ
MOTION to Withdraw as Attorney - Elizabeth K. Duffy filed by PennyMac Loan Services (Attachments: # 1 Proposed Order) (Duffy, Elizabeth) (Entered: 07/31/2023)
7/17/2023
  • Motion
4th MOTION for Discovery filed by Paul-Douglas Celestine, Tianikwa Haywood. (agc) (Entered: 07/18/2023)
7/6/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Thu Jul 6 08:06:40 CDT 2023 (crt) (Entered: 07/06/2023)
6/2/2023
  • Order
ORDER REASSIGNING CASE. Case reassigned to Judge Ed Kinkeade for all further proceedings. Senior Judge Sam R Cummings no longer assigned to case. (Ordered by Chief District Judge David C Godbey on 6/2/2023) (twd) (Entered: 06/05/2023)
5/31/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Wed May 31 12:20:34 CDT 2023 (crt) (Entered: 05/31/2023)
5/31/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Wed May 31 12:20:33 CDT 2023 (crt) (Entered: 05/31/2023)
5/30/202330
  • Order
ELECTRONIC ORDER: Plaintiff's third 29 Motion for Discovery is DENIED as moot. Per the Court's previous 20 Order, Discovery is STAYED until the Court issues its findings, conclusions, and recommendation on the pending 6 10 Motions to Dismiss. (Ordered by Magistrate Judge Rebecca Rutherford on 5/30/2023) (chmb) (Entered: 05/30/2023)
5/26/2023
  • Motion
3rd MOTION for Discovery filed by Paul-Douglas Celestine, Tianikwa Haywood. (agc) (Entered: 05/26/2023)
3/20/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:27,28. Mon Mar 20 11:38:18 CDT 2023 (crt) (Entered: 03/20/2023)
3/17/202328
  • OrderDenied
ELECTRONIC ORDER denying 26 Motion for Discovery. Discovery is currently STAYED. (Ordered by Magistrate Judge Rebecca Rutherford on 3/17/2023) (Magistrate Judge Rebecca Rutherford) (Entered: 03/17/2023)
3/17/202327
  • OrderDenied
ELECTRONIC ORDER denying 25 Motion for Discovery. Discovery is currently STAYED. (Ordered by Magistrate Judge Rebecca Rutherford on 3/17/2023) (Magistrate Judge Rebecca Rutherford) (Entered: 03/17/2023)
3/15/2023
  • Motion
MOTION for Level Two Discovery filed by Tianikwa Haywood. (mms) (Entered: 03/16/2023)
3/15/2023
  • Motion
MOTION for Discovery filed by Tianikwa Haywood. (mms) (Entered: 03/16/2023)
3/9/2023***Clerk's Notice of delivery: (see NEF for details) Docket No:24. Thu Mar 9 11:00:03 CST 2023 (crt) (Entered: 03/09/2023)
3/9/202324
  • Motion to WithdrawGranted
ELECTRONIC ORDER granting 23 MOTION to Withdraw and Substitute Counsel. It is therefore ORDERED that Pennymacs present counsel of record, Mark D. Cronenwett, is WITHDRAWN and Thomas G. Yoxall, Matthew K. Hansen, Elizabeth K. Duffy are SUBSTITUTED in as counsel for Pennymac. The Clerk of the Court shall make these changes to reflect the courts order. (Ordered by Magistrate Judge Rebecca Rutherford on 3/9/2023) (chmb) (Entered: 03/09/2023)
2/17/2023
  • Motion to Withdrawby Δ
MOTION to Withdraw and Substitute Counsel filed by PennyMac Loan Services (Attachments: # 1 Proposed Order)Attorney Elizabeth K Duffy added to party PennyMac Loan Services(pty:dft) (Duffy, Elizabeth) (Entered: 02/17/2023)
1/19/2023
  • Motion for Reconsideration
MOTION for Reconsideration Under Maritime Law filed by Paul-Douglas Celestine, Tianikwa Haywood. (axm) (Entered: 01/19/2023)
12/22/2022NOTICE of Attorney Appearance by Jennifer L Graf on behalf of No Bull Investment, LLC. (Filer confirms contact info in ECF is current.) (Graf, Jennifer) (Entered: 12/22/2022)
12/19/2022***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document 20 Mon Dec 19 20:04:47 CST 2022 (crt) (Entered: 12/19/2022)
12/19/202220
  • Order
ELECTRONIC ORDER: Before the court are Plaintiff's 18 Motion for Discovery and 19 Motion for Jury Trial. However, the Court previously found good cause to delay entering a scheduling order until it issues its findings, conclusions, and recommendation on Defendants' pending 6 10 Motions to Dismiss. The Court now finds it appropriate to STAY discovery until it issues its findings, conclusions, and recommendation on the pending Motions to Dismiss. Plaintiff's motions thus are DENIED without prejudice. (Ordered by Magistrate Judge Rebecca Rutherford on 12/19/2022) (chmb) (Entered: 12/19/2022)
12/14/2022
  • Motion for Jury Trial
MOTION for Jury Trial re 3 Complaint filed by Paul-Douglas Celestine, Tianikwa Haywood (Attachments: # 1 Proposed Order) (ykp) (Entered: 12/15/2022)
12/14/2022
  • Motion
MOTION for Discovery filed by Paul-Douglas Celestine, Tianikwa Haywood (Attachments: # 1 Proposed Order) (ykp) (Entered: 12/15/2022)
11/21/2022 OBJECTION And Answer filed by Paul-Douglas Celestine, Tianikwa Haywood re: 6 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(5). (oyh) (Entered: 11/22/2022)
11/21/2022 OBJECTION And Answer filed by Paul-Douglas Celestine, Tianikwa Haywood re: 10 Motion to Dismiss for Failure to State a Claim. (oyh) (Entered: 11/22/2022)
11/10/2022Proof of Service served on No Bull Investment LLC, Sandra Naseef, Sonya Luechauser, Sanford & Kurland, Mackie Wolf Zientz Man PC Law Firm, PennyMac Loan. (axm) (Entered: 11/13/2022)
11/8/2022
  • Replyby Δ
REPLY filed by Mackie Wolf Zientz Man PC Law Firm, PennyMac Loan Services re: 6 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(5) (Cronenwett, Mark) (Entered: 11/08/2022)
11/7/2022 OBJECTION filed by Paul-Douglas Celestine, Tianikwa Haywood re: 6 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(5). (ygl) (Entered: 11/07/2022)
10/24/2022CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by DHI Mortgage Company Ltd, DHI Title. (Clerk QC note: Affiliate entry indicated). (Kleiman, David) (Entered: 10/24/2022)
10/24/2022Brief/Memorandum in Support filed by DHI Mortgage Company Ltd, DHI Title re 10 Motion to Dismiss for Failure to State a Claim (Kleiman, David) (Entered: 10/24/2022)
10/24/2022
  • Motion to Dismiss for Failure to State a Claimby Δ
Motion to Dismiss for Failure to State a Claim filed by DHI Mortgage Company Ltd, DHI Title (Attachments: # 1 Proposed Order). Party DHI Title added.Attorney David M Kleiman added to party DHI Mortgage Company Ltd(pty:dft), Attorney David M Kleiman added to party DHI Title(pty:dft) (Kleiman, David) (Entered: 10/24/2022)
10/20/2022***Clerk's Notice of delivery: (see NEF for details) Docket No:9. NEF of Thu Oct 20 10:43:47 CDT 2022 (crt) (Entered: 10/20/2022)
10/18/20229
  • Order
ELECTRONIC ORDER: Defendant has filed 6 a Rule 12(b)(5) motion to dismiss Plaintiff's complaint due to insufficiency of service of process. Plaintiff must file a written response to Defendant's motion by November 4, 2022; Defendant may file a reply 14 days after Plaintiff files her response. N.D. Tex. Civ. R. 7.1(e), (f). Additionally, the Court finds good cause to delay entering a scheduling order until it issues its findings, conclusions, and recommendation on Defendant's motion to dismiss, provided a scheduling order is still necessary. Fed. R. Civ. P. 16(b)(2). (Ordered by Magistrate Judge Rebecca Rutherford on 10/19/2022) (chmb) Modified on 10/19/2022 (chmb). (Entered: 10/19/2022)
10/14/2022Appendix in Support filed by Mackie Wolf Zientz Man PC Law Firm, PennyMac Loan Services re 6 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(5) (Attachments: # 1 Exhibit(s)) (Cronenwett, Mark) (Entered: 10/14/2022)
10/14/2022Brief/Memorandum in Support filed by Mackie Wolf Zientz Man PC Law Firm, PennyMac Loan Services re 6 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(5) (Attachments: # 1 Exhibit(s)) (Cronenwett, Mark) (Entered: 10/14/2022)
10/14/2022
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(5) filed by Mackie Wolf Zientz Man PC Law Firm, PennyMac Loan Services (Attachments: # 1 Proposed Order)Attorney Mark D Cronenwett added to party Mackie Wolf Zientz Man PC Law Firm(pty:dft), Attorney Mark D Cronenwett added to party PennyMac Loan Services(pty:dft) (Cronenwett, Mark) (Entered: 10/14/2022)
10/14/2022CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mackie Wolf Zientz Man PC Law Firm, PennyMac Loan Services. (Clerk QC note: No affiliate entered in ECF). (Cronenwett, Mark) (Entered: 10/14/2022)
10/3/2022***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Mon Oct 3 10:01:11 CDT 2022 (crt) (Entered: 10/03/2022)
9/30/2022Summons Issued as to DHI Mortgage Company Ltd, Sonya Luechauser, Mackie Wolf Zientz Man PC Law Firm, Sandra Naseef, Tim Nicholson, Sanford & Kurland, Texas Realator. (mlb) (Entered: 10/03/2022)
9/30/2022
  • Complaint
COMPLAINT against DHI Mortgage Company Ltd, Jane Doe, John Doe, Sonya Luechauser, Mackie Wolf Zientz Man PC Law Firm, Sandra Naseef, Tim Nicholson, Sanford & Kurland, Texas Realator filed by Paul-Douglas Celestine, Tianikwa Haywood. (Filing fee $402; Receipt number 300001463) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (mlb) (Entered: 10/03/2022)
9/30/2022Notice and Instruction to Pro Se Party. (mlb) (Entered: 10/03/2022)
9/30/2022New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the national and circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mlb) (Entered: 10/03/2022)