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CAUSE NO. 2013-41273
OSAMA ABDULLATIF, individually, IN THE DISTRICT COURT
and ABDULLATIF & COMPANY, LLC, §
Plaintiffs,
vs. JUDICIAL DISTRICT
ALI CHOUDHRI and HOUSTON REAL §
ESTATE PROPERTIES, LLC,
Defendants HARRIS COUNTY, TEXAS
REQUEST FOR TRIAL SETTING AND TO END ABATEMENT
TO THE HONORABLE JUDGE OF SAID COURT:
Osama Abdullatif (“Latif”) and Abdullatif & Company, LLC (“ACLLC”), Plaintiffs, file
this Request for Trial Setting and to End Abatement and in support shows as follows:
This case was initiated by Plaintiffs on July 15, 2013. It is a dispute about the
effectiveness of a purported lien and a claim involving fraud in connection with the conveyance
of certain properties (the “HREP Propertie The HREP Properties references nine (9)
properties conveyed to Latif by Defendant, Houston Real Estate Properties LLC (“HREP”),
shortly after HREP got out of bankruptcy. The claim involving the promissory note and the
HREP Properties connect because Choudhri claims the HREP Properties and another property
owned by Abdullatif & Company LLC, were purportedly given as security for the payment of a
note, even though no deed of trust was executed pertaining to such security. Plaintiffs deny the
note is owed or valid or any of the properties were pledged as security and they filed this lawsuit
inter alia remove an Affidavit Claiming Lien on the properties filed by Choudhri.
The Defendants assert that two of the parties in this case (Latif and Choudhri) are
involved in litigation in Cause No. 2012-27197A and that the note allegedly securing an interest
in the properties is in dispute in Cause No. 2012-27197A. Cause No. 2012-27197 and Cause No.
-27197A involves a myriad of other claims between two of the parties to this lawsuit and
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also involves other claims involving other parties and properties. Plaintiffs assert the claims in
this Court and in Cause No. 2012-27197 and 2012-27197A are distinct so that the claims in
Cause No. 2013-41273 could and should proceed to trial. Further, the claims regarding the note
and the HREP Properties were first asserted in pleadings in this case, Cause No. 2013-41273.
Before Choudhri filed his note claim in Cause No. 2012-27197A, Plaintiffs had filed their
original petition herein wherein the note and the HREP Properties and all parties interested in
those issues were first raised in this case, Cause No. 2013-41273.
On or about April 21, 2015 Defendants filed their Motion for Continuance and to Abate
the Case and the prior Judge of this Court heard the motion on May 1, 2015. At the hearing the
Court granted the motion for continuance and to abate the case. Attached hereto as Exhibit A is
a true and correct copy of the Order Granting the Motion for Continuance and to Abate the Case
signed on May 15, 2015. Since such time, the case has been abated. On three occasions since
such time, the Court required a motion to retain the case and on May 16, 2016, November 28,
2017 and November 12, 2018 Orders were signed retaining the case on the docket. Attached
hereto as Exhibit B are copies of those Orders.
Plaintiffs have always been willing to proceed to trial in this Court and opposed the initial
attempt by Defendants to continue and to abate the case. Recently, Choudhri has sought to move
forward with a claim related to the properties a subject of this case, in Cause No. 2012-27197A
pending in the 333rd Court. Plaintiffs oppose that effort and instead request that this Court end
the abatement and set this matter for trial. Plaintiffs request that the Court discontinues the
continuance and abatement of this case and set this matter for trial with a new docket control
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order for the reasons as set forth in Plaintiffs' Response to Motion for Continuance and to Abate
filed with the Court on or about April 27, 2015.1
WHEREFORE, Plaintiffs request this Court set this matter for trial with a new docket
control order and remove the abatement and continuance; and Plaintiffs further request that the
Court grant such other and further relief, at law or in equity, to which Plaintiffs may be justly
entitled.
Respectfully submitted,
MORRIS, LENDAIS, HOLLRAH & SNOWDEN
By: /s/ Allan D. Goldstein
Allan D. Goldstein
State Bar No. 08097950
James D. Salyer
State Bar No. 17549690
1980 Post Oak Boulevard, Suite 700
Houston, Texas 77056
(713) 966-7200 telephone
(713) 966-7230 telecopier
allan@mlhs.net
jsalyer@mlhs.net
Attorneys for Plaintiffs
Certificate of Service
I certify that on the 14th day of February , 2019, a true and correct copy of the
foregoing was served on:
Ali Choudhri and Houston Real Estate Properties, LLC, 2500 West Loop South, Suite 255,
Houston, Texas 77027 by:
x first class email
x certified mail, return receipt requested
/s/ Allan D. Goldstein
Allan D. Goldstein / James D. Salyer
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See Plaintiffs’ Response to Motion for Continuance and to Abate along with the exhibits thereto (65190196).
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CAUSE NO. 2013-41273 OSAMA ABDULLATIF, individually, IN THE DISTRICT COURT and ABDULLATIF & COMPANY, LLC, § Plaintiffs, vs. JUDICIAL DISTRICT ALI CHOUDHRI and HOUSTON REAL § ESTATE PROPERTIES, LLC, Defendants HARRIS COUNTY, TEXAS REQUEST FOR TRIAL SETTING AND TO END ABATEMENT TO THE HONORABLE JUDGE OF SAID COURT: Osama Abdullatif (“Latif”) and Abdullatif & Company, LLC (“ACLLC”), Plaintiffs, file this Request for Trial Setting and to End Abatement and in support shows as follows: This case was initiated by Plaintiffs on July 15, 2013. It is a dispute about the effectiveness of a purported lien and a claim involving fraud in connection with the conveyance of certain properties (the “HREP Propertie The HREP Properties references nine (9) properties conveyed to Latif by Defendant, Houston Real Estate Properties LLC (“HREP”), shortly after HREP got out of bankruptcy. The claim involving the promissory note and the HREP Properties connect because Choudhri claims the HREP Properties and another property owned by Abdullatif & Company LLC, were purportedly given as security for the payment of a note, even though no deed of trust was executed pertaining to such security. Plaintiffs deny the note is owed or valid or any of the properties were pledged as security and they filed this lawsuit inter alia remove an Affidavit Claiming Lien on the properties filed by Choudhri. The Defendants assert that two of the parties in this case (Latif and Choudhri) are involved in litigation in Cause No. 2012-27197A and that the note allegedly securing an interest in the properties is in dispute in Cause No. 2012-27197A. Cause No. 2012-27197 and Cause No. -27197A involves a myriad of other claims between two of the parties to this lawsuit and -1- also involves other claims involving other parties and properties. Plaintiffs assert the claims in this Court and in Cause No. 2012-27197 and 2012-27197A are distinct so that the claims in Cause No. 2013-41273 could and should proceed to trial. Further, the claims regarding the note and the HREP Properties were first asserted in pleadings in this case, Cause No. 2013-41273. Before Choudhri filed his note claim in Cause No. 2012-27197A, Plaintiffs had filed their original petition herein wherein the note and the HREP Properties and all parties interested in those issues were first raised in this case, Cause No. 2013-41273. On or about April 21, 2015 Defendants filed their Motion for Continuance and to Abate the Case and the prior Judge of this Court heard the motion on May 1, 2015. At the hearing the Court granted the motion for continuance and to abate the case. Attached hereto as Exhibit A is a true and correct copy of the Order Granting the Motion for Continuance and to Abate the Case signed on May 15, 2015. Since such time, the case has been abated. On three occasions since such time, the Court required a motion to retain the case and on May 16, 2016, November 28, 2017 and November 12, 2018 Orders were signed retaining the case on the docket. Attached hereto as Exhibit B are copies of those Orders. Plaintiffs have always been willing to proceed to trial in this Court and opposed the initial attempt by Defendants to continue and to abate the case. Recently, Choudhri has sought to move forward with a claim related to the properties a subject of this case, in Cause No. 2012-27197A pending in the 333rd Court. Plaintiffs oppose that effort and instead request that this Court end the abatement and set this matter for trial. Plaintiffs request that the Court discontinues the continuance and abatement of this case and set this matter for trial with a new docket control -2- order for the reasons as set forth in Plaintiffs' Response to Motion for Continuance and to Abate filed with the Court on or about April 27, 2015.1 WHEREFORE, Plaintiffs request this Court set this matter for trial with a new docket control order and remove the abatement and continuance; and Plaintiffs further request that the Court grant such other and further relief, at law or in equity, to which Plaintiffs may be justly entitled. Respectfully submitted, MORRIS, LENDAIS, HOLLRAH & SNOWDEN By: /s/ Allan D. Goldstein Allan D. Goldstein State Bar No. 08097950 James D. Salyer State Bar No. 17549690 1980 Post Oak Boulevard, Suite 700 Houston, Texas 77056 (713) 966-7200 telephone (713) 966-7230 telecopier allan@mlhs.net jsalyer@mlhs.net Attorneys for Plaintiffs Certificate of Service I certify that on the 14th day of February , 2019, a true and correct copy of the foregoing was served on: Ali Choudhri and Houston Real Estate Properties, LLC, 2500 West Loop South, Suite 255, Houston, Texas 77027 by: x first class email x certified mail, return receipt requested /s/ Allan D. Goldstein Allan D. Goldstein / James D. Salyer 1 See Plaintiffs’ Response to Motion for Continuance and to Abate along with the exhibits thereto (65190196). -3-