IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

FEDERAL HOME LOAN MORTGAGE CORPORATION Plaintiff vs. GREGORY J. MONTELARO AND STEVEN MATTHEW DEKKER Defendants

CIVIL ACTION NO. 4:09-CV-02962

Removed from Harris County District Court, 151st Judicial District, Cause No. 2006-78064

DEFENDANTS STEVEN MATTHEW DEKKERS AND GREGORY J. MONTELAROS JOINT MOTION TO STRIKE THIRD-PARTY DEFENDANT SHADRICK BOGANYS

OPPOSITION TO REMAND AND REQUEST FOR STATUS CONFERENCE

Gregory J. Montelaro and Steven M. Dekker (Defendants) file this their Joint Motion to Strike Third-Party Defendant Shadrick Boganys Opposition to Remand and Request for Status Conference (#35) and in support thereof would respectfully show as follows:
ARGUMENT

With the exception of motions under Federal Rules of Civil Procedure 12(b), (c), (e), or (f) and 56, Local Rule 7.1D requires that motions contain an averment that the movant has conferred with the respondent. Further, Local Rule 11.4 allows a paper that does not conform to the local or federal rules may be struck on the motion of a party or by the Court. Third-Party Defendant Shadrick Boganys Opposition to Remand and Request for Status Conference does not contain such a Certificate of Conference as opposing counsel made no such attempt. These rules exist in part to prevent the Court from wasting its time on matters that counsel might resolve for themselves if they will pick up a phone. In the instant case, the

Defendants and Edward Hennessy, counsel for Third-Party Defendant Bogany, put in a great deal

of time and effort reaching an agreement to resolve a procedural conflict specific to the Rule 26(f) plan filed with the Court in this matter. On January 14, 2009, Joseph Knight and Gavin Villareal, Third-Party Defendant Boganys other two attorneys1, filed the motion complained of herein, without proper notice to the Defendants and without the required Certificate of Conference, the granting of which would obviate not only the efforts of the Defendants but also the efforts of their own co-counsel to move the entire matter along quickly by resolving the procedural issue without involving the Court. In addition to the deliberate misstatement of material facts and internal citations throughout the motion, opposing counsels argument oddly concludes in a factually incorrect defense of Freddie Mac instead of their own client, seemingly unaware that Freddie Mac is under Conservatorship specifically because Congress found it to be completely unable to carry out its Congressional mandate and manage its portfolio of real estate nationwide. Further, Freddie Mac was dismissed from this matter with prejudice by the Court on December 7, 2009. Had opposing counsel picked up the phone to conference as required by Local Rule 7.1D, it is likely that the efforts now required to answer, docket, hear and rule on this issue would not have been necessary.
CONCLUSION AND PRAYER

WHEREFORE, for the foregoing reasons, the Defendants pray that this Court strike Third-Party Defendant Shadrick Boganys Opposition to Remand and Request for Status

Attorneys Joseph R. Knight and Gavin R. Villareal, of Austin, Texas, by signature designation, state that they are attorneys for Third Party Defendant Shadrick Bogany Individually and D/B/A ERA Bogany Enterprises, the latter of which is not a named party to this matter. Mr. Edward Hennessy, from an unrelated firm in Houston, Texas, also represents Shadrick Bogany Individually and D/B/A ERA Bogany Properties, both proper parties in this matter. The multiple representation of Shadrick Bogany Individually by multiple firms and the separate representation of the D/B/As owned by Shadrick Bogany by multiple firms has resulted inconsistent statements of material facts and stated defenses as it relates to Bogany and his various D/B/As making it literally impossible to move this matter forward. It has additionally obviated the considerable time and good faith efforts of the Defendants to resolve procedural conflicts with one of Boganys attorneys only to have co-counsel for Bogany file motions with the Court in complete opposition to those agreements. The Defendants will address opposing counsels pattern of behavior of obstructive tactics and the continued misstatements of material facts in addition to a number of evidentiary matters in a separate motion for sanctions.

Conference, and for such other relief, to which your Movants may show themselves justly entitled.

Date:

January 18, 2010 Respectfully Submitted,

BY:_________________________________ Gregory J. Montelaro, Pro Se 1499 N Post Oak Rd, Suite 119 Houston, TX 77007 (832) 343-0928

BY:_________________________________ Steven M. Dekker, Pro Se 1499 N Post Oak Rd, Suite 119 Houston, TX 77007 (832) 343-0928

CERTIFICATE OF CONFERENCE By our signature above, we hereby certify that we have conferenced with the parties below on January 18, 2010. Gavin Robert Villareal Baker Botts LLP 98 San Jacinto Blvd Suite 1500 Austin, TX 78701 512-322-2652 Fax: 512-322-8341 Email: gavin.villareal@bakerbotts.com Counsel for Shadrick Bogany Individually and D/B/A ERA Bogany Enterprises Edward J. Hennessy Hennessy, Gardner & Barth 2900 Weslayan, Suite 550 Houston, TX 77027 (713) 224-5055 Counsel for Shadrick Bogany Individually and D/B/A Bogany Properties

CERTIFICATE OF SERVICE By our signature below, we hereby certify that a true and correct copy of the foregoing document has been sent to the following consistent with the Federal Rules of Civil Procedure on January 18, 2010. Gavin Robert Villareal Baker Botts LLP 98 San Jacinto Blvd Suite 1500 Austin, TX 78701 512-322-2652 Fax: 512-322-8341 Email: gavin.villareal@bakerbotts.com Counsel for Shadrick Bogany Individually and D/B/A ERA Bogany Enterprises Edward J. Hennessy Hennessy, Gardner & Barth 2900 Weslayan, Suite 550 Houston, TX 77027 (713) 224-5055 Counsel for Shadrick Bogany Individually and D/B/A Bogany Properties

BY:

_____________________________________ Steven M. Dekker, Pro Se 1499 N Post Oak Rd #119 Houston, Texas 77055 (832) 343-0928

BY: _____________________________________ Gregory J. Montelaro, Pro Se 1499 N Post Oak Rd #119 Houston, Texas 77055 (832) 343-0928

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

FEDERAL HOME LOAN MORTGAGE CORPORATION Plaintiff vs. GREGORY J. MONTELARO AND STEVEN MATTHEW DEKKER Defendants

CIVIL ACTION NO. 4:09-CV-02962

Removed from Harris County District Court, 151st Judicial District, Cause No. 2006-78064

ORDER The Defendants Joint Motion to Strike Third-Party Defendant Shadrick Boganys Opposition to Remand and Request for Status Conference pursuant to Local Rule 7.1D and Local Rule 11.4 is GRANTED. SIGNED at Houston, Texas this ______ day of _________________, 2010.

______________________________ Kenneth M. Hoyt United States District Judge