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CAUSE NO. 22-CCV-071305
LAKELAND WEST CAPITAL 41, LLC, COUNTY COURT AT LAW
Plaintiff,
Vv. NO. 6
DIOGU KALU DIOGU, Il, AND ALL
OTHER OCCUPANTS,
Defendant. FORT BEND COUNTY, TEXAS
MOTION FOR ORDER TO SHOW CAUSE, FOR CONTEMPT, AND FOR SANCTIONS
COMES NOW, Lakeland West Capital 41, LLC (“Lakeland”) files this Motion for an
Order to Show Cause, Motion to Hold Diogu Kalu Diogu, II (“Diogu”) in Contempt, and Motion
for Sanctions pursuant to Rule 215-2b of the Texas Rules of Civil Procedure made applicable by
Rule 13 of the Texas Rules of Civil Procedure and would respectfully show as follows:
BACKGROUND FACTS
1 On June 21, 2022, Lakeland filed an eviction suit against Diogu in the Justice of
the Peace Court Precinct 1 Place 1 in Fort Bend County, Texas. A jury trial was scheduled for
July 21, 2022.
2. On July 5, 2022, Carolyn Okorafor informed Michael Durrschmidt, counsel for
Lakeland, that she no longer represents Diogu. See Exhibits A and A-1. However, on July 8, 2022,
an Original Answer and Affirmative Defense to Eviction Petition bearing the electronic signature
of Carolyn Okorafor, as counsel for Diogu, was filed in the eviction suit with the Justice of the
Peace Court.
3 On July 21, 2022, (a) an Amended Original Answer and Affirmative Defense to
Eviction Petition and (b) a Motion to Dismiss for Lack of Jurisdiction an Abatement each bearing
the electronic signature of Carolyn Okorafor, as counsel for Diogu, were filed in the eviction suit
20210675,20210675/4412970.1
the day of the jury trial in the Justice of the Peace Court. At the jury trial on July 21, 2022 in the
Justice of the Peace Court, Diogu appeared without counsel and represented himself pro se. See
Exhibit A at J 4. Carolyn Okorafor did not appear at the jury trial in the Justice of the Peace Court
on July 21, 2022. Id.
4 On July 23, 2022, an Amended Notice of Appeal was filed in the eviction suit
bearing Carolyn Okorafor’s electronic signature.
5 On September 6, 2022, a) a Second Amended Answer; b) a Motion for Summary
Judgment; and c) a Notice of Hearing (the “Pleadings”) were filed in this suit bearing the signature
blocks of Carolyn Okorafor, as the attorney-in-charge and Sonya Chandler Anderson, of-counsel.
Ms. Okorafor’s electronic (not wet ink) signature appears on the Pleadings; but upon information
and belief, she did not draft, review, or file the Pleadings in accordance with Rule 13 of the Texas
Rule of Civil Procedure. Ms. Okorafor’s electronic (not wet ink) signature appears on each
Pleadings’ certificate of service; but upon information and belief, she lacks personal knowledge to
certify service in accordance with Rule 21a of the Texas Rule of Civil Procedure. See Automated
Certificate of Service attached to filed Pleadings. Upon information and belief, Sonya Chandler
Anderson did not draft, review, or sign the Pleadings, but she received electronic notice of Diogu’s
filing of the Pleadings. Id.
6 On September 19, 2022, Lakeland filed and served its response to Diogu’s Motion
for Summary Judgment to Diogu, Carolyn Okorafor, and Sonya Chandler Anderson. On
September 20, 2022, Sonya Chandler Anderson informed Michael Durrschmidt, counsel for
Lakeland, that she is not an attorney in this case. See Exhibits A and A-2.
20210675.20210675/4412970.1
ARGUMENT AND AUTHORITIES
7
Lakeland believes that Diogu (a vexatious litigant, see, Exhibit B) is filing
pleadings under the names of Carolyn Okorafor (his niece) and/or Sonya Chandler Anderson
without their permission or authority.
8 Pursuant to Rule 13 of the Texas Rules of Civil Procedure, there is a presumption
that pleadings, motions, and other papers are filed in good faith. See Tex. R. Civ. Proc. 13. Ifa
pleading, motion or other paper is signed in violation of Rule 13, this Court has the authority to
impose any appropriate sanctions available under Rule 215-2b of the Texas Rules of Civil
Procedure upon the person who signed it, a represented party, or both. Jd. Upon information and
belief, the Pleadings filed by Diogu were signed without the authority of counsel, Carolyn
Okorafor. See Exhibits A, A-1 and A-2. Upon information and belief, Carolyn Okorafor did not
serve the Pleadings in according with Rule 21a of the Texas Rules of Civil Procedure as certified
in her certificates of service. A party who files any fictitious pleading or makes statements in a
pleading which he or she knows to be groundless and false may be held guilty of a contempt. See
Tex. R. Civ. Proc. 13.
9 As a result, Lakeland files this Motion for Order to Show Cause and for Sanction
pursuant to Rule 13 of the Texas Rules of Civil Procedure. Lakeland seeks an Order from this
Court noticing Diogu and Carolyn Okorafor to appear in person at a hearing on September 27,
2022 to explain how the Pleadings are not groundless and brought in bad faith.
10. In the event it is determined at the hearing that Diogu and/or Carolyn Okorafor
violated Rule 13 of the Texas Rules of Civil Procedure, Lakeland requests this Court impose any
appropriate sanctions available under Rule 215-2b, upon the person who signed it, a represented
party, or both.
20210675,20210675/4412970.1
11. Lakeland seeks sanctions against Diogu and/or Carolyn Okorafor under Rule
215.2(b)(5) of the Texas Rules of Civil Procedure made applicable by Rule 13 of the Texas Rules
of Civil Procedure and for an order striking all documents of record, including but not limited to
the Pleadings, found in violation of Rule 13 and/or enter a judgment by default against Diogu in
favor of Lakeland and immediately issue a writ of possession for Lakeland.
12. Diogu has not properly appeared in this case. Diogu’s Original Answer, Amended
Original Answer, and Second Amended Answer are all purportedly filed by Carolyn Okorafor as
counsel to Diogu. Per her representation to Mr. Durrschmidt, Ms. Okorafor does not represent
Diogu. See Exhibit A-1. Therefore, the filed answers are improper, Diogu has not properly
answered in this case, and the jury demand was and is improper. Lakeland moves to strike Diogu’s
jury demand. In the alternative, Lakeland requests this Court forbid Diogu from appearing at trial
without counsel and representing himself pro se.
13. Pursuant to Rule 215.2(b)(8) of the Texas Rules of Civil Procedure, Lakeland is
entitled to recover its reasonable expenses and attorney’s fees in an amount no less than $10,000.00
for bringing this action.
PRAYER
Therefore, Plaintiff, Lakeland West Capital 41, LLC, respectfully requests that the Court
set this matter for hearing prior to trial on September 27, 2022; that Diogu Kalu Diogu, IT and
Carolyn Okorafor be ordered to appear and show cause why Diogu should not be held in contempt
of Court for violating Rule 13 of the Texas Rules of Civil Procedure; that after notice and hearing,
Diogu be held in contempt of Court; that a default judgment and writ of possession be issued in
favor of Lakeland against Diogu; that Diogu be fined by this Court in an amount not less than
$10,000.00; that Diogu be confined in the Fort Bend County Jail for thirty (30) days; that Diogu
20210675.20210675/4412970.1
be required to post bond payable to Lakeland to insure Diogu’s appearance if released from
confinement; that Diogu be ordered to pay all court costs in this proceeding and reimburse
Lakeland for its court costs already paid; that Diogu be ordered to pay expenses incurred by
Lakeland in making this motion and obtaining an Order for Sanctions; that Diogu be required to
pay reasonable attorney’s fees incurred by Lakeland in making this motion and obtaining an Order
for Sanctions; any other relief to which Lakeland may be justly entitled.
Respectfully submitted,
HIRSCH & WESTHEIMER, P.C.
By: /s/ Michael J_Durrschmidt
Michael J. Durrschmidt
Texas Bar No. 06287650
Kim Lewinski
State Bar No. 24097994
1415 Louisiana, 36" Floor
Houston, Texas 77002
Telephone: 713-220-9165
Facsimile: 713-223-9319
E-mail: mdurrschmidt@hirschwest.com
E-mail: klewinski@hirschwest.com
ATTORNEYS FOR LAKELAND WEST
CAPITAL 41, LLC
20210675.20210675/4412970.1
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing Motion for Order to Show Cause was
served by electronic mail, facsimile and/or certified mail, to the parties listed below on this 21*
day of September, 2022.
Diogu Kalu Diogu, II
4726 Gainsborough Dr.
Brookshire, Texas 77423
Diogu.diogu.law.firm@gmail.com
DEFENDANT
Via E-Mail
Carolyn Okorafor
Co & Co Attorneys at Law
2120 Welch Street, Suite D
Houston, Texas 77019
cokorafor@coandcolaw.com
Via E-Mail
Sonya Chandler Anderson, Esq.
The Law Office of Chandler Anderson
1202 1st Street East No. 2532
Humble, Texas 77347
sonya@chandlerandersonlaw.com
Via E-Mail
All Other Occupants
4726 Gainsborough Dr.
Brookshire, Texas 77423
Via First-Class U.S. Mail
/s/ Michael J. Durrschmidt
Michael J. Durrschmidt
20210675,20210675/4412970.1
EXHIBIT A
CAUSE NO. 22-CCV-071305
LAKELAND WEST CAPITAL 41, LLC IN THE COUNTY COURT
VS. AT LAW NO. 6
DIOGU KALU DIOGU, II
AND ALL OTHER OCCUPANTS § FORT BEND COUNTY, TEXAS
AFFIDAVIT OF MICHAEL J. DURRSCHMIDT
STATE OF TEXAS §
§
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared Michael J.
Durrschmidt, who, being by me duly sworn, deposed and stated:
1 My name is Michael J. Durrschmidt, I am over the age of twenty-one (21) and
am competent to testify to the matters stated in this Affidavit, and I have personal
knowledge of each of the matters stated herein.
1am the attorney for Lakeland West Capital 41, LLC (“Lakeland”) in this matter.
On July 5, 2022, I received an email from Carolyn Okorafor stating that she no
longer represents Diogu Kalu Diogu, II (“Diogu”). A true and correct copy of the
email is attached to my Affidavit as Exhibit A-1.
At the jury trial on July 21, 2022 in the Justice of the Peace Court, Diogu appeared
without counsel and represented himself pro se. Carolyn Okorafor did not appear
at the jury trial in the Justice of the Peace Court.
On September 6, 2022, I was electronically served with: (1) a Second Amended
Answer, (2) a Motion for Summary Judgment, and (3) a Notice of Hearing, each
pleading filed by Diogu. The pleadings are signed electronically by Ms. Carolyn
Okorafor. .
On September 20, 2022, I received an email from Sonya Chandler Anderson
stating that she is not an attorney in this case. A true and correct copy of the email
is attached to my Affidavit as Exhibit A-2.
Oly
FURTHER AFFIANT SAYETH NOT.
Michael J-2urrschmidt, Attorney for
Lakeland West Capital 41, LLC
20210675,20210675/4412970.1
ACKNOWLEDGMENT
State of Texas §
County of Harris §
BEFORE ME, the undersigned authority, on this date personally appeared, Michael J.
Durrschmidt, of Hirsch & Westheimer, P.C., known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the
purpose and consideration therein expressed and in the capacity stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a \° day of September, 2022.
ot
Y Aro i. Le ©. & 5.
Notary*Public for the State of Texas’
MELISSAD, ECKART
My Notary iD # 11130019
a meio March 8,208
20210675,20210675/4412970.1
EXHIBIT A-1
Michael Durrschmidt Ln
From: Carolyn Okorafor
Sent: Tuesday, July 5, 2022 2:52 PM
To: Michael Durrschmidt
Subject: Re: Adversary Nos. 22-03164 and 22-03165 [IWOV-HIRSCHWEST.FID443726]
[From an External Email System]
Of
Best Regards,
Crelgnl Aeraoy,
Carolyn Okorafor, Esq
Attorney
Co & Co Attorneys at law
Main: (281) 903 -7328
Direct: (832) 407-1907
Mobile: (346) 289-7800
Facsimile: (281) 903-7604
www.coandcolaw.org
{
( \ ( ©
—— ATTORNEYS AT LAW ——
Confid
entiali
ty
Notice
This message is being sent by or on behalf of the CO & CO law firm and its affiliates, It is intended
exclusively for the individual or entity to which it is addressed. This communication may contain
information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If
you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this
message or any part of it, including attachments. If you have received this message in error, please notify
the sender immediately by e-mail and delete all copies of the message.
From: Michael Durrschmidt
Sent: Tuesday, July 5, 2022 12:43 PM
To: Carolyn Okorafor ; Diogu K. Diogu II ; Marc Myers
Cc: Kim E. Lewinski
Subject: Adversary Nos. 22-03164 and 22-03165 [IWOV-HIRSCHWEST.FID443726]
1
We are filing on behalf of Lakeland a Motion to Consolidate these two Adversary Proceedings and this is our effort to
find out if anyone is opposed to that consolidation.
Carolyn, as you are the attorney of record in the underlying action that was removed to Adversary No. 22-03165 we are
including you as we do not presently understand whether you continue to represent Mr. Diogu.
Please let us know whether there is any opposition to the consolidation of the two Adversary Proceedings.
Michael J. Durrschmidt | [| Bio | vcara
HIRSCH & WESTHEIMER
gum] M @ th 100 oO f Service
;
713
hic ri
Jo EEN OL GinISESOS SEG HaDIE A an EiSrSOn ilies see
INTERNET CONFIDENTIALITY NOTICE:
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defect that might affect any computer system into which it is received and opened, it is the responsibility of
the recipient to ensure that it is virus free and Hirsch & Westheimer, P.C. bears no responsibility for any loss
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Treasury Circular 230 Disclosure- This disclosure is provided to comply with Treasury Circular 230. This
written advice is not intended or written to be used, and it cannot be used, by any person for the purpose of
avoiding tax penalties that may be imposed on the person. No limitation has been imposed by Hirsch &
Westheimer, P.C. on disclosure of the tax treatment or the tax structure of the transaction.
Hirsch & Westheimer, P.C. automatically blocks e-mails containing objectionable language or suspicious
content. Therefore, messages sent to an e-mail address at hirschwest.com may only be considered received
if confirmed by a return receipt. Rees &
aw erard FOURIER
EXHIBIT A-2
Kim E. Lewinski
From: sonya@chandlerandersonlaw.com
Sent: Tuesday, September 20, 2022 12:21 PM
To: Michael Durrschmidt; Carolyn Okorafor
Cc: Kim E. Lewinski; Diogu Diogu
Subject: RE: | am not an attorney in this case. Please remove me from this email list in Case: 22-
CCV-071305, Lakeland West Capital 41, LLC vs Diogu Kalu Diogu, Il and All Occupants
for filing Proposed Order, Envelope Number: 68404697 [IWOV-
HIRSCHWEST.FID443726]
[From an External Email System]
Michael,
Please respect my request to not contact me anymore about this case. NO! I am not going to be in CRT on
the 27th, if I could I would be assisting the attorneys with their argument as a second chair on the 27th.
However, I am behind on my own cases due to my Covid illness and a number of emergency. The of
counsel statues associated with my name was putting the court on notice that I may be appearing to
assist these attorney as second chair with their hearing and argument on the 27th, not to take over the
case or as lead.
As you know in Texas attorneys will sit second chair to assist associate with their hearing or trials all the
time. Therefore please do not give me more work, thank you for wanting me to be a party of your
hearing(Lol).
However, I have an obligation to my client9sO that I must first serve before sitting second chair for
someone else. Have a great day and as always,
MAY THE GOD OF ABRAHAM WILL BE DONE
Sonya Chandler Anderson Esq.
The Law Office of Chandler Anderson
1202 1St StE
No. 2532
Humble,TX 77347
Cell Telephone :(281) 905-5020
Facsimile: (866) 664-5215
Original Message
Subje : RE: Iam not an attorney in this case. Please remove me from
this email list in Case: 22-CCV-071305, Lakeland West Capital 41, LLC vs
Diogu Kalu Diogu, II and All Occupants for filing Proposed Order,
Envelope Number: 68404697 [IWOV-HIRSCHWEST.FID443726]
1
From: Michael Durrschmidt
Date: Tue, September 20, 2022 11:36 am
To: "sonya@chandlerandersonlaw.com"
Cc: "Kim E. Lewinski"
If it is there for notice and we are providing you with notice what is your
concern? Perhaps we need to resolve this in front of the Judge, I trust you will
appear on the 27th
Michael J. Durrschmidt | [GJ] Bio | vcard
HIRSCH & WESTHEIMER
More than 100 Years of Service
& 1415 Louisiana, 36th Floor, Houston, Texas 77002
T. 713 220 9165 F. 713 223 9319
mdurrschmidt@hirschwest.com
hirschwest.com
From: sonya@chandlerandersonlaw.com
Sent: Tuesday, September 20, 2022 11:34 AM
To: Michael Durrschmidt
Ce: Kim E. Lewinski
Subject: RE: I am not an attorney in this case. Please remove me from this
email list in Case: 22-CCV-071305, Lakeland West Capital 41, LLC vs Diogu Kalu
Diogu, II and All Occupants for filing Proposed Order, Envelope Number:
68404697 [IWOV-HIRSCHWEST.FID443726]
[From an External Email System]
You are mistaken Michael, my signature block is not on any documents, but my contact
information is for notice is , thus again please remote my contact information , thank you.
MAY THE GOD OF ABRAHAM WILL BE DONE
Sonya Chandler Anderson Esq.
The Law Office of Chandler Anderson
1202 1St StE
No. 2532
Humble, TX 77347
Cell Telephone :(281) 905-5020
Facsimile: (866) 664-5215
Original Message
Subject: RE: I am not an attorney in this case. Please remove me from
this email list in Case: 22-CCV-071305, Lakeland West Capital 41, LLC vs
Diogu Kalu Diogu, II and All Occupants for filing Proposed Order,
Envelope Number: 68404697 [IWOV-HIRSCHWEST.FID443726]
From: Michael Durrschmidt
Date: Tue, September 20, 2022 10:45 am
2
To: "sonya@chandlerandersonlaw.com"
Cc: "Kim E. Lewinski"
You are an attorney of record on this case, your name appears on
the signature block of the most recent pleadings filed in this case
Michael J. Durrschmidt | LG) Bio | vcard
HIRSCH & WESTHEIMER
=| More than 100 Years of Service
& 1415 Louisiana, 36th Floor, Houston, Texas 77002
T. 713 220 9165 F. 713 223 9319
mdurrschmidt@hirschwest.com
hirschwest.com
From: sonya@chandlerandersonlaw.com
Sent: Tuesday, September 20, 2022 10:27 AM
To: Anne D. Weiler ; Michael Durrschmidt
; Carolyn Okorafor
Cc: Kim E. Lewinski ;
diogu.diogu.law.firm@gmail.com
Subject: I am not an attorney in this case. Please remove me from this
email list in Case: 22-CCV-071305, Lakeland West Capital 41, LLC vs
Diogu Kalu Diogu, II and All Occupants for filing Proposed Order, Envelope
Number: 68404697
[From an External Email System]
Good Morning to all,
T pray all is well.
Tam not an attorney in this case, please remove me from your email list, thank you.
MAY THE GOD OF ABRAHAM WILL BE DONE
Sonya Chandler Anderson Esq.
The Law Office of Chandler Anderson
1202 1St StE
No. 2532
Humble,TX 77347
Cell Telephone :(281) 905-5020
Facsimile: (866) 664-5215
wennnnee Original Message
Subject: Notification of Service for Case: 22-CCV-071305, Lakeland West
Capital 41, LLC vs Diogu Kalu Diogu, II and All Occupants for filing
Proposed Order, Envelope Number: 68404697
From: no-reply@efilingmail.tylertech.cloud
Date: Mon, September 19, 2022 4:52 pm
To: sonya@chandlerandersonlaw.com
Notification of Service
Case Number: 22-CCV-071305
Case Style: Lakeland West Capital 41, LLC vs Diogu
Kalu Diogu, II and All Occupants
Envelope Number: 68404697
This is a notification of service for the filing listed. Please click the link below to
retrieve the submitted document. If the link does not work, please copy the link
and paste into your browser. You can also obtain this document by following the
steps on this article.
—
Filing Details
a
‘case Number 22-CCV-07 1305
case Style - |Lakeland West Capital 41, LLC vs Diogu Kalu Diogu, II and All Occupants
Date/Time Submitted 9/19/2022 4:50 PM CST
Filing Type Proposed Order
Filing Description [Order Denying Defendant's Motion for Summary Judgment
Filed By Anne Weiler
Lakeland West Capital 41, LLC:
Kim Lewinski (klewinski@hirschwest.com)
|Anne Weiler (aweiler@hirschwest.com)
Michael Durrschmidt (mdurrschmidt@hirschwest.com)
Service Contacts
Diogu Kalu Diogu:
Diogu Diogu (diogu.diogu.law.firm@gmail.com)
Other Service Contacts not associated with a party on the case
Diogu Kalu Diogu li (diogu.diogu.law.firm@gmail.com)
=
Tsonya Chandler-Anderson (sonya@chandlerandersonlaw.com)
Carolyn Okorafor (cokorafor@coandcolaw.com)
J
Document Details
i
Served Document Download Document
| This link is active for 30 days.
EXHIBIT B
Filed
5/27/2021 11:36 AM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Shelby Taylor
No. 21-DCV-280847
DIOGU KALU DIOGU II, LL.M. § IN THE DISTRICT COURT OF
Plaintiff
Vv.
DAVID MELANSON; FORT BEND COUNTY, TEXAS
DENISE ROBBINS;
EDDIE M. KRENEK; and
TRICIA KRENEK,
Defendants 434!" JUDICIAL DISTRICT
ORDER GRANTING DEFENDANT DAVID MELANSON’S
MOTION TO DECLARE PLAINTIFF A VEXATIOUS LITIGANT
On May 24-25, 2021, came before the Court Defendant David Melanson’s Motion to
Declare Plaintiff Diogu Kalu Diogu II a Vexatious Litigant pursuant to Chapter 11 of the Texas
Civil Practice and Remedies Code, filed on April 22, 2021 (“the Motion”). Upon consideration
of the Motion, the pleadings, evidence, cited authorities, and arguments of the pro se Plaintiff
and Defendant, the Court finds that:
A There is not a reasonable probability that the Plaintiff, Diogu K. Diogu II, a/k/a
Diogu D. Kalu, a/k/a Mark Diogu (“Diogu”), will prevail in the litigation; and
In the seven-year period immediately preceding April 22, 2021:
1 Diogu commenced, prosecuted, or maintained at least five litigations as a
pro se litigant other than in small claims court that were:
a) Finally determined adversely to Diogu;
b) Permitted to remain pending at least two years without having been
brought to trial or hearing; and/or
°) Determined by a trial or appellate court to be frivolous or
groundless under state or federal law or rules of procedure.
and
3722664.v1
ROUTED TO COURT 05/27/21 ST
RTD TO D. CLERK 06/01/21 ST
After litigation is finally determined against Diogu, Diogu repeatedly
relitigates or attempts to relitigate, pro se, either:
a) The validity of the determination against the same defendant as to
whom the litigation was finally determined; or
b) The cause of action, claim, controversy, or any of the issues of fact
or law determined or concluded by the final determination against
the same defendant as to whom the litigation was finally
determined.
Accordingly, the Court determines that all criteria for finding Plaintiff Diogu Kalu Diogu II a/k/a
Diogu D. Kalu a/k/a Mark Diogu a vexatious litigant as set forth in TEX. Civ. PRAC. & REM.
CODE § 11.054 have been met.
It is therefore ORDERED that Defendant David Melanson’s Motion to Declare Plaintiff
Diogu Kalu Diogu II a Vexatious Litigant is hereby GRANTED. It is further ORDERED that the
Plaintiff must furnish security in this case, as set forth in TEX. CIv. PRAC. & REM. CODE §11.055
(to assure payment to Defendant of Defendant’s reasonable expenses incurred in or in connection
with this litigation, including costs and attorney’s fees), in the amount of THIRTY THOUSAND
DOLLARS ($30,000.00) on or before June 24, 2021, by filing with the District Clerk of Fort
Bend County, Texas, or a bond or deposit in lieu of bond in conformance with Section 52.001,
TEX. CIV, PRAC. & REM. CODE, and Tex. R. App. P. 24.1.
It is further ORDERED that if the Plaintiff fails to furnish the required security on or
before June 24, 2021, this case shall be DISMISSED WITH PREJUDICE.
It is further ORDERED that, pursuant to Tex. Civ. Prac. & REM. CODE §11.101(a),
Diogu K. Diogu II, a/k/a Diogu D. Kalu, a/k/a Mark Diogu is prohibited from filing, pro se or on
behalf of any legal entity of which he is a full or partial owner that he has used for the purpose of
perpetuating, and/or did perpetuate a fraud, primarily for his direct benefit, any new litigation in
2
3722664.v1
every court in this State without first seeking and obtaining permission from the local
administrative judge to file such litigation, as set forth in TEX. CIV. PRAC. & REM. CODE §
11.102. Should Diogu file a request seeking permission to file a litigation subject to this Order
as required by TEX. CIV. PRAC. & REM. CODE § 11.102, he shall provide a copy of that request to
all defendants named in the proposed litigation at the time of filing. Should Diogu disobey this
Order, he will be in Contempt of this Court and subject to any and all sanctions and penalties
within the power of this Court to impose that the Court finds necessary or appropriate.
The District Clerk is ORDERED to provide the Office of Court Administration of the
Texas Judicial System a copy of this Order not later than the 30" day after this Order is signed.
SIGNED on this the 27th day of May
» 2021.
Qayic Beare
Honorable Argie Brame
Associate Judge of the 434" Judicial District
Fort Bend County, Texas
6/1/2021
3722664.v1
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CAUSE NO. 22-CCV-071305 LAKELAND WEST CAPITAL 41, LLC, COUNTY COURT AT LAW Plaintiff, Vv. NO. 6 DIOGU KALU DIOGU, Il, AND ALL OTHER OCCUPANTS, Defendant. FORT BEND COUNTY, TEXAS MOTION FOR ORDER TO SHOW CAUSE, FOR CONTEMPT, AND FOR SANCTIONS COMES NOW, Lakeland West Capital 41, LLC (“Lakeland”) files this Motion for an Order to Show Cause, Motion to Hold Diogu Kalu Diogu, II (“Diogu”) in Contempt, and Motion for Sanctions pursuant to Rule 215-2b of the Texas Rules of Civil Procedure made applicable by Rule 13 of the Texas Rules of Civil Procedure and would respectfully show as follows: BACKGROUND FACTS 1 On June 21, 2022, Lakeland filed an eviction suit against Diogu in the Justice of the Peace Court Precinct 1 Place 1 in Fort Bend County, Texas. A jury trial was scheduled for July 21, 2022. 2. On July 5, 2022, Carolyn Okorafor informed Michael Durrschmidt, counsel for Lakeland, that she no longer represents Diogu. See Exhibits A and A-1. However, on July 8, 2022, an Original Answer and Affirmative Defense to Eviction Petition bearing the electronic signature of Carolyn Okorafor, as counsel for Diogu, was filed in the eviction suit with the Justice of the Peace Court. 3 On July 21, 2022, (a) an Amended Original Answer and Affirmative Defense to Eviction Petition and (b) a Motion to Dismiss for Lack of Jurisdiction an Abatement each bearing the electronic signature of Carolyn Okorafor, as counsel for Diogu, were filed in the eviction suit 20210675,20210675/4412970.1 the day of the jury trial in the Justice of the Peace Court. At the jury trial on July 21, 2022 in the Justice of the Peace Court, Diogu appeared without counsel and represented himself pro se. See Exhibit A at J 4. Carolyn Okorafor did not appear at the jury trial in the Justice of the Peace Court on July 21, 2022. Id. 4 On July 23, 2022, an Amended Notice of Appeal was filed in the eviction suit bearing Carolyn Okorafor’s electronic signature. 5 On September 6, 2022, a) a Second Amended Answer; b) a Motion for Summary Judgment; and c) a Notice of Hearing (the “Pleadings”) were filed in this suit bearing the signature blocks of Carolyn Okorafor, as the attorney-in-charge and Sonya Chandler Anderson, of-counsel. Ms. Okorafor’s electronic (not wet ink) signature appears on the Pleadings; but upon information and belief, she did not draft, review, or file the Pleadings in accordance with Rule 13 of the Texas Rule of Civil Procedure. Ms. Okorafor’s electronic (not wet ink) signature appears on each Pleadings’ certificate of service; but upon information and belief, she lacks personal knowledge to certify service in accordance with Rule 21a of the Texas Rule of Civil Procedure. See Automated Certificate of Service attached to filed Pleadings. Upon information and belief, Sonya Chandler Anderson did not draft, review, or sign the Pleadings, but she received electronic notice of Diogu’s filing of the Pleadings. Id. 6 On September 19, 2022, Lakeland filed and served its response to Diogu’s Motion for Summary Judgment to Diogu, Carolyn Okorafor, and Sonya Chandler Anderson. On September 20, 2022, Sonya Chandler Anderson informed Michael Durrschmidt, counsel for Lakeland, that she is not an attorney in this case. See Exhibits A and A-2. 20210675.20210675/4412970.1 ARGUMENT AND AUTHORITIES 7 Lakeland believes that Diogu (a vexatious litigant, see, Exhibit B) is filing pleadings under the names of Carolyn Okorafor (his niece) and/or Sonya Chandler Anderson without their permission or authority. 8 Pursuant to Rule 13 of the Texas Rules of Civil Procedure, there is a presumption that pleadings, motions, and other papers are filed in good faith. See Tex. R. Civ. Proc. 13. Ifa pleading, motion or other paper is signed in violation of Rule 13, this Court has the authority to impose any appropriate sanctions available under Rule 215-2b of the Texas Rules of Civil Procedure upon the person who signed it, a represented party, or both. Jd. Upon information and belief, the Pleadings filed by Diogu were signed without the authority of counsel, Carolyn Okorafor. See Exhibits A, A-1 and A-2. Upon information and belief, Carolyn Okorafor did not serve the Pleadings in according with Rule 21a of the Texas Rules of Civil Procedure as certified in her certificates of service. A party who files any fictitious pleading or makes statements in a pleading which he or she knows to be groundless and false may be held guilty of a contempt. See Tex. R. Civ. Proc. 13. 9 As a result, Lakeland files this Motion for Order to Show Cause and for Sanction pursuant to Rule 13 of the Texas Rules of Civil Procedure. Lakeland seeks an Order from this Court noticing Diogu and Carolyn Okorafor to appear in person at a hearing on September 27, 2022 to explain how the Pleadings are not groundless and brought in bad faith. 10. In the event it is determined at the hearing that Diogu and/or Carolyn Okorafor violated Rule 13 of the Texas Rules of Civil Procedure, Lakeland requests this Court impose any appropriate sanctions available under Rule 215-2b, upon the person who signed it, a represented party, or both. 20210675,20210675/4412970.1 11. Lakeland seeks sanctions against Diogu and/or Carolyn Okorafor under Rule 215.2(b)(5) of the Texas Rules of Civil Procedure made applicable by Rule 13 of the Texas Rules of Civil Procedure and for an order striking all documents of record, including but not limited to the Pleadings, found in violation of Rule 13 and/or enter a judgment by default against Diogu in favor of Lakeland and immediately issue a writ of possession for Lakeland. 12. Diogu has not properly appeared in this case. Diogu’s Original Answer, Amended Original Answer, and Second Amended Answer are all purportedly filed by Carolyn Okorafor as counsel to Diogu. Per her representation to Mr. Durrschmidt, Ms. Okorafor does not represent Diogu. See Exhibit A-1. Therefore, the filed answers are improper, Diogu has not properly answered in this case, and the jury demand was and is improper. Lakeland moves to strike Diogu’s jury demand. In the alternative, Lakeland requests this Court forbid Diogu from appearing at trial without counsel and representing himself pro se. 13. Pursuant to Rule 215.2(b)(8) of the Texas Rules of Civil Procedure, Lakeland is entitled to recover its reasonable expenses and attorney’s fees in an amount no less than $10,000.00 for bringing this action. PRAYER Therefore, Plaintiff, Lakeland West Capital 41, LLC, respectfully requests that the Court set this matter for hearing prior to trial on September 27, 2022; that Diogu Kalu Diogu, IT and Carolyn Okorafor be ordered to appear and show cause why Diogu should not be held in contempt of Court for violating Rule 13 of the Texas Rules of Civil Procedure; that after notice and hearing, Diogu be held in contempt of Court; that a default judgment and writ of possession be issued in favor of Lakeland against Diogu; that Diogu be fined by this Court in an amount not less than $10,000.00; that Diogu be confined in the Fort Bend County Jail for thirty (30) days; that Diogu 20210675.20210675/4412970.1 be required to post bond payable to Lakeland to insure Diogu’s appearance if released from confinement; that Diogu be ordered to pay all court costs in this proceeding and reimburse Lakeland for its court costs already paid; that Diogu be ordered to pay expenses incurred by Lakeland in making this motion and obtaining an Order for Sanctions; that Diogu be required to pay reasonable attorney’s fees incurred by Lakeland in making this motion and obtaining an Order for Sanctions; any other relief to which Lakeland may be justly entitled. Respectfully submitted, HIRSCH & WESTHEIMER, P.C. By: /s/ Michael J_Durrschmidt Michael J. Durrschmidt Texas Bar No. 06287650 Kim Lewinski State Bar No. 24097994 1415 Louisiana, 36" Floor Houston, Texas 77002 Telephone: 713-220-9165 Facsimile: 713-223-9319 E-mail: mdurrschmidt@hirschwest.com E-mail: klewinski@hirschwest.com ATTORNEYS FOR LAKELAND WEST CAPITAL 41, LLC 20210675.20210675/4412970.1 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Motion for Order to Show Cause was served by electronic mail, facsimile and/or certified mail, to the parties listed below on this 21* day of September, 2022. Diogu Kalu Diogu, II 4726 Gainsborough Dr. Brookshire, Texas 77423 Diogu.diogu.law.firm@gmail.com DEFENDANT Via E-Mail Carolyn Okorafor Co & Co Attorneys at Law 2120 Welch Street, Suite D Houston, Texas 77019 cokorafor@coandcolaw.com Via E-Mail Sonya Chandler Anderson, Esq. The Law Office of Chandler Anderson 1202 1st Street East No. 2532 Humble, Texas 77347 sonya@chandlerandersonlaw.com Via E-Mail All Other Occupants 4726 Gainsborough Dr. Brookshire, Texas 77423 Via First-Class U.S. Mail /s/ Michael J. Durrschmidt Michael J. Durrschmidt 20210675,20210675/4412970.1 EXHIBIT A CAUSE NO. 22-CCV-071305 LAKELAND WEST CAPITAL 41, LLC IN THE COUNTY COURT VS. AT LAW NO. 6 DIOGU KALU DIOGU, II AND ALL OTHER OCCUPANTS § FORT BEND COUNTY, TEXAS AFFIDAVIT OF MICHAEL J. DURRSCHMIDT STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared Michael J. Durrschmidt, who, being by me duly sworn, deposed and stated: 1 My name is Michael J. Durrschmidt, I am over the age of twenty-one (21) and am competent to testify to the matters stated in this Affidavit, and I have personal knowledge of each of the matters stated herein. 1am the attorney for Lakeland West Capital 41, LLC (“Lakeland”) in this matter. On July 5, 2022, I received an email from Carolyn Okorafor stating that she no longer represents Diogu Kalu Diogu, II (“Diogu”). A true and correct copy of the email is attached to my Affidavit as Exhibit A-1. At the jury trial on July 21, 2022 in the Justice of the Peace Court, Diogu appeared without counsel and represented himself pro se. Carolyn Okorafor did not appear at the jury trial in the Justice of the Peace Court. On September 6, 2022, I was electronically served with: (1) a Second Amended Answer, (2) a Motion for Summary Judgment, and (3) a Notice of Hearing, each pleading filed by Diogu. The pleadings are signed electronically by Ms. Carolyn Okorafor. . On September 20, 2022, I received an email from Sonya Chandler Anderson stating that she is not an attorney in this case. A true and correct copy of the email is attached to my Affidavit as Exhibit A-2. Oly FURTHER AFFIANT SAYETH NOT. Michael J-2urrschmidt, Attorney for Lakeland West Capital 41, LLC 20210675,20210675/4412970.1 ACKNOWLEDGMENT State of Texas § County of Harris § BEFORE ME, the undersigned authority, on this date personally appeared, Michael J. Durrschmidt, of Hirsch & Westheimer, P.C., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a \° day of September, 2022. ot Y Aro i. Le ©. & 5. Notary*Public for the State of Texas’ MELISSAD, ECKART My Notary iD # 11130019 a meio March 8,208 20210675,20210675/4412970.1 EXHIBIT A-1 Michael Durrschmidt Ln From: Carolyn Okorafor Sent: Tuesday, July 5, 2022 2:52 PM To: Michael Durrschmidt Subject: Re: Adversary Nos. 22-03164 and 22-03165 [IWOV-HIRSCHWEST.FID443726] [From an External Email System] Of Best Regards, Crelgnl Aeraoy, Carolyn Okorafor, Esq Attorney Co & Co Attorneys at law Main: (281) 903 -7328 Direct: (832) 407-1907 Mobile: (346) 289-7800 Facsimile: (281) 903-7604 www.coandcolaw.org { ( \ ( © —— ATTORNEYS AT LAW —— Confid entiali ty Notice This message is being sent by or on behalf of the CO & CO law firm and its affiliates, It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it, including attachments. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. From: Michael Durrschmidt Sent: Tuesday, July 5, 2022 12:43 PM To: Carolyn Okorafor ; Diogu K. Diogu II ; Marc Myers Cc: Kim E. Lewinski Subject: Adversary Nos. 22-03164 and 22-03165 [IWOV-HIRSCHWEST.FID443726] 1 We are filing on behalf of Lakeland a Motion to Consolidate these two Adversary Proceedings and this is our effort to find out if anyone is opposed to that consolidation. Carolyn, as you are the attorney of record in the underlying action that was removed to Adversary No. 22-03165 we are including you as we do not presently understand whether you continue to represent Mr. Diogu. Please let us know whether there is any opposition to the consolidation of the two Adversary Proceedings. Michael J. Durrschmidt | [| Bio | vcara HIRSCH & WESTHEIMER gum] M @ th 100 oO f Service ; 713 hic ri Jo EEN OL GinISESOS SEG HaDIE A an EiSrSOn ilies see INTERNET CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential information that is legally privileged and intended only for the use of the person to whom it is addressed. If the reader of this message is not the med recipient or an employee or agent responsible for delivering this message to the named recipient, please notify us immediately that you have received the message in error. Then delete this message and any accompanying documents without copying or reading them. You are hereby notified that any review, disclosure, copying distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. 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Therefore, messages sent to an e-mail address at hirschwest.com may only be considered received if confirmed by a return receipt. Rees & aw erard FOURIER EXHIBIT A-2 Kim E. Lewinski From: sonya@chandlerandersonlaw.com Sent: Tuesday, September 20, 2022 12:21 PM To: Michael Durrschmidt; Carolyn Okorafor Cc: Kim E. Lewinski; Diogu Diogu Subject: RE: | am not an attorney in this case. Please remove me from this email list in Case: 22- CCV-071305, Lakeland West Capital 41, LLC vs Diogu Kalu Diogu, Il and All Occupants for filing Proposed Order, Envelope Number: 68404697 [IWOV- HIRSCHWEST.FID443726] [From an External Email System] Michael, Please respect my request to not contact me anymore about this case. NO! I am not going to be in CRT on the 27th, if I could I would be assisting the attorneys with their argument as a second chair on the 27th. However, I am behind on my own cases due to my Covid illness and a number of emergency. The of counsel statues associated with my name was putting the court on notice that I may be appearing to assist these attorney as second chair with their hearing and argument on the 27th, not to take over the case or as lead. As you know in Texas attorneys will sit second chair to assist associate with their hearing or trials all the time. Therefore please do not give me more work, thank you for wanting me to be a party of your hearing(Lol). However, I have an obligation to my client9sO that I must first serve before sitting second chair for someone else. Have a great day and as always, MAY THE GOD OF ABRAHAM WILL BE DONE Sonya Chandler Anderson Esq. The Law Office of Chandler Anderson 1202 1St StE No. 2532 Humble,TX 77347 Cell Telephone :(281) 905-5020 Facsimile: (866) 664-5215 Original Message Subje : RE: Iam not an attorney in this case. Please remove me from this email list in Case: 22-CCV-071305, Lakeland West Capital 41, LLC vs Diogu Kalu Diogu, II and All Occupants for filing Proposed Order, Envelope Number: 68404697 [IWOV-HIRSCHWEST.FID443726] 1 From: Michael Durrschmidt Date: Tue, September 20, 2022 11:36 am To: "sonya@chandlerandersonlaw.com" Cc: "Kim E. Lewinski" If it is there for notice and we are providing you with notice what is your concern? Perhaps we need to resolve this in front of the Judge, I trust you will appear on the 27th Michael J. Durrschmidt | [GJ] Bio | vcard HIRSCH & WESTHEIMER More than 100 Years of Service & 1415 Louisiana, 36th Floor, Houston, Texas 77002 T. 713 220 9165 F. 713 223 9319 mdurrschmidt@hirschwest.com hirschwest.com From: sonya@chandlerandersonlaw.com Sent: Tuesday, September 20, 2022 11:34 AM To: Michael Durrschmidt Ce: Kim E. Lewinski Subject: RE: I am not an attorney in this case. Please remove me from this email list in Case: 22-CCV-071305, Lakeland West Capital 41, LLC vs Diogu Kalu Diogu, II and All Occupants for filing Proposed Order, Envelope Number: 68404697 [IWOV-HIRSCHWEST.FID443726] [From an External Email System] You are mistaken Michael, my signature block is not on any documents, but my contact information is for notice is , thus again please remote my contact information , thank you. MAY THE GOD OF ABRAHAM WILL BE DONE Sonya Chandler Anderson Esq. The Law Office of Chandler Anderson 1202 1St StE No. 2532 Humble, TX 77347 Cell Telephone :(281) 905-5020 Facsimile: (866) 664-5215 Original Message Subject: RE: I am not an attorney in this case. Please remove me from this email list in Case: 22-CCV-071305, Lakeland West Capital 41, LLC vs Diogu Kalu Diogu, II and All Occupants for filing Proposed Order, Envelope Number: 68404697 [IWOV-HIRSCHWEST.FID443726] From: Michael Durrschmidt Date: Tue, September 20, 2022 10:45 am 2 To: "sonya@chandlerandersonlaw.com" Cc: "Kim E. Lewinski" You are an attorney of record on this case, your name appears on the signature block of the most recent pleadings filed in this case Michael J. Durrschmidt | LG) Bio | vcard HIRSCH & WESTHEIMER =| More than 100 Years of Service & 1415 Louisiana, 36th Floor, Houston, Texas 77002 T. 713 220 9165 F. 713 223 9319 mdurrschmidt@hirschwest.com hirschwest.com From: sonya@chandlerandersonlaw.com Sent: Tuesday, September 20, 2022 10:27 AM To: Anne D. Weiler ; Michael Durrschmidt ; Carolyn Okorafor Cc: Kim E. Lewinski ; diogu.diogu.law.firm@gmail.com Subject: I am not an attorney in this case. Please remove me from this email list in Case: 22-CCV-071305, Lakeland West Capital 41, LLC vs Diogu Kalu Diogu, II and All Occupants for filing Proposed Order, Envelope Number: 68404697 [From an External Email System] Good Morning to all, T pray all is well. Tam not an attorney in this case, please remove me from your email list, thank you. MAY THE GOD OF ABRAHAM WILL BE DONE Sonya Chandler Anderson Esq. The Law Office of Chandler Anderson 1202 1St StE No. 2532 Humble,TX 77347 Cell Telephone :(281) 905-5020 Facsimile: (866) 664-5215 wennnnee Original Message Subject: Notification of Service for Case: 22-CCV-071305, Lakeland West Capital 41, LLC vs Diogu Kalu Diogu, II and All Occupants for filing Proposed Order, Envelope Number: 68404697 From: no-reply@efilingmail.tylertech.cloud Date: Mon, September 19, 2022 4:52 pm To: sonya@chandlerandersonlaw.com Notification of Service Case Number: 22-CCV-071305 Case Style: Lakeland West Capital 41, LLC vs Diogu Kalu Diogu, II and All Occupants Envelope Number: 68404697 This is a notification of service for the filing listed. Please click the link below to retrieve the submitted document. If the link does not work, please copy the link and paste into your browser. You can also obtain this document by following the steps on this article. — Filing Details a ‘case Number 22-CCV-07 1305 case Style - |Lakeland West Capital 41, LLC vs Diogu Kalu Diogu, II and All Occupants Date/Time Submitted 9/19/2022 4:50 PM CST Filing Type Proposed Order Filing Description [Order Denying Defendant's Motion for Summary Judgment Filed By Anne Weiler Lakeland West Capital 41, LLC: Kim Lewinski (klewinski@hirschwest.com) |Anne Weiler (aweiler@hirschwest.com) Michael Durrschmidt (mdurrschmidt@hirschwest.com) Service Contacts Diogu Kalu Diogu: Diogu Diogu (diogu.diogu.law.firm@gmail.com) Other Service Contacts not associated with a party on the case Diogu Kalu Diogu li (diogu.diogu.law.firm@gmail.com) = Tsonya Chandler-Anderson (sonya@chandlerandersonlaw.com) Carolyn Okorafor (cokorafor@coandcolaw.com) J Document Details i Served Document Download Document | This link is active for 30 days. EXHIBIT B Filed 5/27/2021 11:36 AM Beverley McGrew Walker District Clerk Fort Bend County, Texas Shelby Taylor No. 21-DCV-280847 DIOGU KALU DIOGU II, LL.M. § IN THE DISTRICT COURT OF Plaintiff Vv. DAVID MELANSON; FORT BEND COUNTY, TEXAS DENISE ROBBINS; EDDIE M. KRENEK; and TRICIA KRENEK, Defendants 434!" JUDICIAL DISTRICT ORDER GRANTING DEFENDANT DAVID MELANSON’S MOTION TO DECLARE PLAINTIFF A VEXATIOUS LITIGANT On May 24-25, 2021, came before the Court Defendant David Melanson’s Motion to Declare Plaintiff Diogu Kalu Diogu II a Vexatious Litigant pursuant to Chapter 11 of the Texas Civil Practice and Remedies Code, filed on April 22, 2021 (“the Motion”). Upon consideration of the Motion, the pleadings, evidence, cited authorities, and arguments of the pro se Plaintiff and Defendant, the Court finds that: A There is not a reasonable probability that the Plaintiff, Diogu K. Diogu II, a/k/a Diogu D. Kalu, a/k/a Mark Diogu (“Diogu”), will prevail in the litigation; and In the seven-year period immediately preceding April 22, 2021: 1 Diogu commenced, prosecuted, or maintained at least five litigations as a pro se litigant other than in small claims court that were: a) Finally determined adversely to Diogu; b) Permitted to remain pending at least two years without having been brought to trial or hearing; and/or °) Determined by a trial or appellate court to be frivolous or groundless under state or federal law or rules of procedure. and 3722664.v1 ROUTED TO COURT 05/27/21 ST RTD TO D. CLERK 06/01/21 ST After litigation is finally determined against Diogu, Diogu repeatedly relitigates or attempts to relitigate, pro se, either: a) The validity of the determination against the same defendant as to whom the litigation was finally determined; or b) The cause of action, claim, controversy, or any of the issues of fact or law determined or concluded by the final determination against the same defendant as to whom the litigation was finally determined. Accordingly, the Court determines that all criteria for finding Plaintiff Diogu Kalu Diogu II a/k/a Diogu D. Kalu a/k/a Mark Diogu a vexatious litigant as set forth in TEX. Civ. PRAC. & REM. CODE § 11.054 have been met. It is therefore ORDERED that Defendant David Melanson’s Motion to Declare Plaintiff Diogu Kalu Diogu II a Vexatious Litigant is hereby GRANTED. It is further ORDERED that the Plaintiff must furnish security in this case, as set forth in TEX. CIv. PRAC. & REM. CODE §11.055 (to assure payment to Defendant of Defendant’s reasonable expenses incurred in or in connection with this litigation, including costs and attorney’s fees), in the amount of THIRTY THOUSAND DOLLARS ($30,000.00) on or before June 24, 2021, by filing with the District Clerk of Fort Bend County, Texas, or a bond or deposit in lieu of bond in conformance with Section 52.001, TEX. CIV, PRAC. & REM. CODE, and Tex. R. App. P. 24.1. It is further ORDERED that if the Plaintiff fails to furnish the required security on or before June 24, 2021, this case shall be DISMISSED WITH PREJUDICE. It is further ORDERED that, pursuant to Tex. Civ. Prac. & REM. CODE §11.101(a), Diogu K. Diogu II, a/k/a Diogu D. Kalu, a/k/a Mark Diogu is prohibited from filing, pro se or on behalf of any legal entity of which he is a full or partial owner that he has used for the purpose of perpetuating, and/or did perpetuate a fraud, primarily for his direct benefit, any new litigation in 2 3722664.v1 every court in this State without first seeking and obtaining permission from the local administrative judge to file such litigation, as set forth in TEX. CIV. PRAC. & REM. CODE § 11.102. Should Diogu file a request seeking permission to file a litigation subject to this Order as required by TEX. CIV. PRAC. & REM. CODE § 11.102, he shall provide a copy of that request to all defendants named in the proposed litigation at the time of filing. Should Diogu disobey this Order, he will be in Contempt of this Court and subject to any and all sanctions and penalties within the power of this Court to impose that the Court finds necessary or appropriate. The District Clerk is ORDERED to provide the Office of Court Administration of the Texas Judicial System a copy of this Order not later than the 30" day after this Order is signed. SIGNED on this the 27th day of May » 2021. Qayic Beare Honorable Argie Brame Associate Judge of the 434" Judicial District Fort Bend County, Texas 6/1/2021 3722664.v1