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Photo of Fort Bend County

Court

Fort Bend County

Texas

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Case Information

Filed 2024-03-18
Status Pending
Type Other Civil
Docket 111 entries

Parties

Plaintiff Halphen & Franklin, Inc. Doing Business As Remax Cinco Ranch|Sonya L. Simmons, Llc|Daybreak Custom Homes Of Houston, Llc
Defendant Daybreak Custom Homes Of Houston, Llc|Fulbrook Homeowners Association, Inc.|Gregory J. Henry, Individually Doing Business As Kpm Management|Halphen & Franklin, Inc. Doing Business As Remax Cinco Ranch|Kpm Management|Sonya L. Simmons, Llc|Tracy Henry, Individually Doing Business As Kpm Management
Photo of Hon. Mrp/mag Hearing (9:00 Am) (judicial Officer Jaramillo, Maggie P) 2 Nd Mag Reset A 3 Rd 08/30/2022 Reset By Court To 10/18/2022 10/18/2022 Reset By Court To 12/13/2022 12/13/2022 Reset By Court To 02/07/2023

Judge

Hon. Mrp/mag Hearing (9:00 Am) (judicial Officer Jaramillo, Maggie P) 2 Nd Mag Reset A 3 Rd 08/30/2022 Reset By Court To 10/18/2022 10/18/2022 Reset By Court To 12/13/2022 12/13/2022 Reset By Court To 02/07/2023

Fort Bend County (TX)

Texas

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Lawyers

Docket Entries

  1. Petition Index # 1 Plaintiff's Original Petition and Application for Temporary Restraining Order
  2. Request Index # 2 Request for Process
  3. Amended Filing Index # 7 Plaintiff's First Amended Petition and Application for Temporary Restraining Order
  4. Request Index # 8 Request for Process
  5. Request Index # 9 Request for Process
  6. Proposed Order Index # 10 Temporary Restraining Order
  7. Issuance Index # 3 Citation Issued to Fulbrook Homeowners Assocation, Inc.
  8. Citation Eservice Fulbrook Homeowners Association, Inc. Unserved
  9. Issuance Index # 4 Citation Issued to Sonya L Simmons LLC
  10. Citation Eservice Sonya L. Simmons, LLC Unserved
  11. Issuance Index # 5 Citation Issued to Halphen & Franklin, Inc.
  12. Citation Eservice Halphen & Franklin, Inc. Unserved
  13. Issuance Index # 6 Citation Issued to KPM Management
  14. Citation Eservice KPM Management Unserved
  15. Judge Docket Entry TRO is unverified and denied at this time. MJ
  16. Amended Filing Index # 11 Plaintiff's Second Amended Petition and Application for Temporary Restraining Order
  17. Request Index # 12 Request for Process
  18. Request Index # 13 Request for Process
  19. Temporary Restraining Order Index # 14 Temporary Restraining Order
  20. Amended Filing Index # 15 Plaintiff's Third Amended Petition and Application for Temporary Restraining Order
  21. Temporary Injunction Hearing (1:30 PM) (Judicial Officer Jaramillo, Maggie P.)
  22. Request Index # 16 Request for Process
  23. Request Index # 17 Request for Process
  24. Proposed Order Index # 19 Order Denying Plaintiff's Request for Temporary Injunction
  25. No Fee Documents Index # 20 Letter to Court
  26. Request Index # 21 Request for Process
  27. Judge Docket Entry Temporary Injunction is extended until April 10, 2024 @ 5:00 pm due to continuation of hearing. MJ
  28. Issuance Index # 22 Citation Issued to Halphen & Franklin, Inc
  29. Citation eService Halphen & Franklin, Inc. Served 04/08/2024 Returned 04/10/2024
  30. Answer/Contest/Response/Waiver Index # 23 Defendant Fulbrook Homeowners Association, Inc.'s Original Answer
  31. Answer/Contest/Response/Waiver Index # 24 Defendants Gregory J. Henry, Individually and d/b/a KPM Management and Tracy Henry, Individually and d/b/a KPM Management's Original Answer
  32. Officers Return Index # 25 Citation Return for Halphen & Franklin Inc. Served 4/8/24
  33. No Fee Documents Index # 26 Deputy Court Reporter Statement
  34. Letters Correspondence Letter to Court
  35. No Fee Documents Index # 27 Defendant Sonya L Simmons, LLC Notice of Appearance and Designation of Lead Counsel
  36. No Fee Documents Index # 28 Defendant Halphen & Franklin Inc D/B/A REMAX Cinco Ranch's Notice of Appearance and Designation of Lead Counsel
  37. Order Index # 18 Order for Issuance of Temporary Injunction
  38. Judge Docket Entry Temporary injuction is granted, order signed. MJ
  39. Answer/Contest/Response/Waiver Index # 29 Defendant Halphen & Franklin, Inc. D/B/A Remax Cinco Ranch's General Denial
  40. Answer/Contest/Response/Waiver Index # 30 Defendant Sonya L. Simmons, LLC's General Denial
  41. No Fee Documents Index # 31 Initial Disclosures
  42. Notice Index # 32 Defendant Halphen & Franklin, Inc. d/b/a Remax Cinco Ranch's Notice of Withdrawal of Elizabeth F. Eoff as Counsel
  43. Notice Index # 33 Request for Status Conference
  44. Motion (No Fee) Index # 34 Plaintiff Daybreak Custom Homes of Houston, LLC's Motion to Compel Compliance of Court Order Against Defendant Fulbrook Homeowners' Association, Inc.
  45. Proposed Order Index # 35 Order Granting Plaintiff Daybreak Custom Homes of Houston, LLC's Motion to Compel Compliance of Court Order Against Defendant Fulbrook Homeowners' Association, Inc.
  46. Notice Index # 36 Notice of Hearing
  47. Notice Index # 37 Notice of Hearing
  48. Answer/Contest/Response/Waiver Index # 38 Defendant's Response to Plaintiffs' Motion to Compel Compliance of Court Order
  49. M/Hearing (10:00 AM) (Judicial Officer Jaramillo, Maggie P.) Daybreak Custom Homes of Houston, LLC's Motion to Compel Compliance of Court Order -1 hour Status Conference to gain clarification as to the Court's Temporary Injunction Order- 30 minutes
  50. Order Index # 39 Denied - Order Denying Plaintiff Motion to Compel Compliance of Court Order
  51. Amended Filing Index # 40 Plaintiff Daybreak Custom Homes Of Houston, Llc s Supplement To Its Motion To Compel Compliance Of Court Order Against Defendant Fulbrook Homeowners Association, Inc.
  52. Judge Docket Entry Attorney's fees awarded to Plaintiff. MJ
  53. Counter Claim/Cross Action/Intervention/Third Party - Civil Index # 41 Defendants Halphen & Franklin, Inc. And Sonya L. Simmons, LLC s Crossclaim Against Daybreak Custom Homes of Houston, LLC
  54. Judge Docket Entry Plaintiff's Motion to Compel Compliance with Court Order called. All parties appeared by counsel. Motion presented and arguments heard. Court orders D's to comply with court orders and supply instanter current forms, cease and desist from interfering with construction and an agreement reached with regards to a broker along with parties to produce a writing to demonstrate to P's customers that P's an autorized builder in the subdivision. MJ
  55. Jury Demand Index # 42 Jury Fee
  56. Proposed Order Index # 43 Proposed Order Granting Plaintiff Daybreak Custom Homes of Houston, LLC s Motion to Compel Compliance of Court Order Against Defendant Fulbrook Homeowners Association, Inc.
  57. Copy of Order/Judgment Sent - Rule 21 (f) (10) Index # 45 Index #39 sent to all parties
  58. Letters Letter to Judge Jaramillo
  59. Motion for Contempt Index # 46 Motion For Contempt For Violation Of Temporary Injunction Order And To Show Cause
  60. Notice Index # 47 Notice of Hearing
  61. Amended Filing Index # 48 Amended Notice of Hearing
  62. Amended Filing Index # 49 Plaintiff's Fourth Amended Petition
  63. No Fee Documents Index # 50 Plaintiff Daybreak Custom Homes of Houston, LLC's Supplement to its Motion for Contempt Against Defendant Fulbrook Homeowners' Association, Inc
  64. Order Index # 60 Proposed Order Granting Plaintiff Daybreak Custom Homes of Houston, LLC's Motion to Compel Compliance of Court Order Against Defendant Fulbrook Homeowners' Association, Inc.
  65. CANCELED M/Hearing (10:00 AM) (Judicial Officer Jaramillo, Maggie P.) Other Emergency setting on Motion for Contempt and to Show Cause against Fulbrook HOA 1 hour
  66. Answer/Contest/Response/Waiver Index # 51 Defendant Fulbrook Homeowners Association, Inc.'s Response & Objection To Plaintiff Daybreak Custom Homes Of Houston, LLC's Motion For Contempt For Violation Of Temporary Injunction Order And To Show Cause
  67. Proposed Order Index # 52 Order Granting Plaintiff Daybreak Custom Homes Of Houston, LLC's Motion For Contempt Against Defendant Fulbrook Homeowners' Association, Inc.
  68. Motion (No Fee) Index # 53 Fred Wahrlich s And Munsch Hardt Kopf & Harr, P.c. s Motion To Withdraw And Substitute Counsel
  69. M/Hearing (9:00 AM) (Judicial Officer Jaramillo, Maggie P.) Plaintiff Daybreak Custom Homes, LLC's Moton for Contempt for Violation of Temporary Injunction and to Show Cause
  70. Order Index # 54 Order
  71. Notice Index # 55 Second Amended Notice of Hearing
  72. Notice Index # 56 Second Amended Notice of Hearing
  73. Motion (No Fee) Index # 57 Plaintiff Daybreak Custom Homes of Houston, LLC's Summary Motion to Remove Remax Cinco Ranch's Invalid and Unenforceable Liens
  74. Notice Index # 58 Notice of Hearing
  75. Amended Filing Index # 59 Defendant Fulbrook Homeowners Association, Inc. s First Amended Response To Plaintiff Daybreak Custom Homes Of Houston, Llc s Motion For Contempt For Violation Of Temporary Injunction Order And To Show Cause
  76. M/Hearing (9:00 AM) (Judicial Officers Jaramillo, Maggie P., Jaramillo, Maggie P.) Continuation hearing from 10/7/2024
  77. Copy of Order/Judgment Sent - Rule 21 (f) (10) Index # 61 Index #60 Sent to All Parties
  78. Motion (No Fee) Index # 62 Sonya l. Simmons, llc s and Halphen & Franklin, Inc.'s Response to Plaintiff's Summary Motion to Remove Liens
  79. Proposed Order Index # 63 Proposed Order Denying Plaintiff s Summary Motion to Remove Liens
  80. No Fee Documents Index # 64 Plaintiff Daybreak Custom Homes of Houston, LLC's Reply to Sonya L. Simmons, LLC s And Halphen & Franklin, Inc.'s Response to Plaintiff's Summary Motion to Remove REMAX Cinco Ranch's Invalid and Unenforceable Liens
  81. Answer/Contest/Response/Waiver Index # 66 Plaintiff Daybreak Custom Homes of Houston, LLC's Amended Reply to Sonya L. Simmons, LLC's and Halphen & Franklin, Inc.'s Response to Plaintiff's Summary Motion to Remove Remax Cinco Ranch's Invalid and Unenforceable Liens
  82. M/Hearing (10:00 AM) (Judicial Officers Jaramillo, Maggie P., Jaramillo, Maggie P.) Plaintiff Daybreak Custom Homes of Houston, LLC's Summary Motion to Remove ReMax Cinco Ranch's Invalid and Unenforeceable Liens.
  83. Copy of Order/Judgment Sent - Rule 21 (f) (10) Index # 67 Index #54 Emailed to All Parties with Email Address on File
  84. Order Index # 71 Order Granting Plaintiff Daybreak Custom Homes of Houston, LLC's Summary Motion to Remove Remax
  85. Motion (No Fee) Index # 68 Sonya L. Simmons, LLC's and Halphen & Franklin, Inc.'s Appeal of the Associate Judge's Ruling on Plaintiff's Summary Motion to Remove Liens
  86. Proposed Order Index # 69 Order
  87. Notice Index # 70 Notice of Hearing on Sonya L. Simmons, LLC's and Halphen & Franklin, Inc.'s Appeal of the Associate Judge's Ruling on Plaintiff's Summary Motion to Remove Liens
  88. CANCELED Appeal Hearing (10:00 AM) (Judicial Officer Jaramillo, Maggie P.) Passed Appeal of Assoc Judges Ruling on Plaintiff's Summary Motion to Remove Liens
  89. Amended Filing Index # 72 Amended Notice of Hearing on Sonya L. Simmons, LLC's and Halphen & Franklin, Inc. s Appeal of the Associate Judge s Ruling on Plaintiff s Summary Motion to Remove Liens
  90. Amended Filing Index # 73 Amended Notice of Hearing on Sonya L. Simmons, LLC's and Halphen & Franklin, Inc. s Appeal of the Associate Judge s Ruling on Plaintiff s Summary Motion to Remove Liens
  91. Answer/Contest/Response/Waiver Index # 74 Plaintiff Daybreak Custom Homes of Houston, LLC s Objection and Response to Sonya L. Simmons, LLC s and Halphen & Franklin, Inc. s Appeal of the Associate Judge s Ruling on Plaintiff s Summary Motion to Remove Liens, Motion to Strike Improper Evidence and Request for Attorneys Fees
  92. Proposed Order Index # 75 Order Denying Remax Cinco Ranch s De Novo Appeal of Associate Judge s Order Granting Plaintiff Daybreak Custom Homes of Houston, LLC s Summary Motion to Remove Remax Cinco Ranch s Invalid and Unenforceable Liens
  93. Proposed Order Index # 76 Amended Order Denying Remax Cinco Ranch's De Novo Appeal of Associate Judge's Order Granting Plaintiff Daybreak Custom Homes of Houston, LLC's Summary Motion to Remove Remax Cinco Ranch's Invalid and Unenforceable Liens
  94. M/Hearing (1:30 PM) (Judicial Officer Rogers, Steve) Simmons' Appeal of the Associate Judges Ruling on Plaintiffs Summary Motion to Remove Liens 20 minutes
  95. Judge Docket Entry Case passed.
  96. No Fee Documents Index # 77 Sonya L. Simmons, LLC's and Halphen & Franklin, Inc.'s Supplemental Appeal of the Associate Judge's Ruling on Plaintiff's Summary Motion to Remove Liens
  97. Exhibit Exhibit List for 04-02-24
  98. Motion (No Fee) Index # 79 Plaintiff's Daybreak Custom Homes of Houston, LLC's Motion for Enforcement and for Sanctions
  99. Notice Index # 78 Notice of Hearing
  100. Motion (No Fee) Index # 80 Defendant Fulbrook Homeowners' Association Inc., Gregory Henry and Tracy Henry's Motion to Compel Discovery Responses and Document Production from Plaintiff
  101. Proposed Order Index # 81 Order Granting Plaintiff Daybreak Custom Homes of Houston, LLC's Amended Motion for Enforcement and for Sanctions
  102. Amended Filing Index # 82 Plaintiff Daybreak Custom Homes of Houston, LLC's Amended Motion for Enforcement and for Sanctions
  103. Notice Index # 83 Notice of Hearing on Sonya L. Simmons, LLC's and Halphen & Franklin, Inc.'s Supplemental Appeal of the Associate Judge's Ruling on Plaintiff's Summary Motion to Remove Liens
  104. Amended Filing Index # 84 Amended Notice of Hearing on Sonya L. Simmons, LLC's and Halphen & Franklin, Inc.'s Supplemental Appeal of the Associate Judge's Ruling on Plaintiff's Summary Motion to Remove Liens
  105. Notice Index # 85 Notice of Hearing
  106. Proposed Order Index # 86 Order Granting Defendants Fulbrook Homeowners' Association, Inc., Gregory Henry and Tracy Henry's Motion to Compel Discovery Responses and Document Production from Plaintiff
  107. No Fee Documents Index # 87 Plaintiff's Response to Defendants Fulbrook Homeowners' Association Inc., Gregory J Henry, and Tracy Henry's Motion to Compel Discovery Responses and Document Production from Plaintiff
  108. Proposed Order Index # 88 Order Denying Defendants' Motion to Compel Discovery Responses and Document Production from Plaintiff
  109. M/Hearing (9:00 AM) (Judicial Officer Priesmeyer, Craig) 30 min 03/24/2025 Reset by Court to 03/17/2025
  110. Order Index # 89 Order Granting Defendants Fulbrook Homeowners' Association, Inc., Gregory Henry and Tracy henry's Motion to Compel Discovery Responses and Document Production from Plaintiff
  111. Amended Filing Index # 90 Plaintiff'S Fifth Amended Petition

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