Irahetaj's Weblog

Linebarger is not above the law!

Iraheta v. Linebarger; Who is Right?

Posted by irahetaj on September 18,

As many of you may be aware, almost a year ago, I  filed a federal suit in Houston, Texas, against the law firm Linebarger, Goggan, Blair, and Sampson LLP “Linebarger”: Iraheta v. Linebarger Goggan Blair & Sampson LLP et al.; Cause No. 4:15-cv-03227 in the U.S. District Court, Southern District of Texas, Houston Division.

On June 30, Judge David Hittner issued an ORDER that “no party shall serve any new motions until further order of the court” given that the Court “currently has 6 pending dispositive motions. The court believes that a time−out is needed in the case for filing motions.” The six pending dispositive motions include Linebarger’s Motion to Dismiss, First Motion for Summary Judgment, and Second Motion for Summary Judgment.  It also includes my Motion for Partial Summary Judgment.

Though I must say, during the past 9 years litigating against Linebarger, I have learnt that in the legal world, specially in dealing with Linebarger, you have to prepare for the worst and hope for the best.  My consolation is that unlike in the State Courts where Linebarger’s money may be of influence (see CNN’s investigation into Linebarger, The Debt Collector that Runs Texas; http://money.cnn.com/interactive/pf/debt-collector/texas-politics/), in the Federal Courts, Linebarger’s money will have ZERO influence on Judge Hittner’s rulings.  Thus, on any given day in the near future, we will find out who is right.  Are my claims against Linebarger without merit (not just deficient due to technicality) as Linebarger claims?  Will Judge Hittner rule that Linebarger and Harris County violated a servicemember’s rights, to include his civil rights?  Judge Hittner’s rulings on those six pending motions will bring us one step closer to a final showdown in Court.  The opportunity will finally arrive for a jury to hear the facts and hold Linebarger accountable.

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