Christopher Stoller, et al v. Altisource Residential L.P., et al
| WILMINGTON TRUST, LESLIE ZIEVE, OCWEN FINANCIAL CORPORATION, ALTISOURCE PORTFOLIO, ALTISOURCE RESIDENTIAL L.P. and WILMINGTON TRUST, NATIONAL ASSOCIATION |
| CHRISTOPHER STOLLER, Director and MICHAEL STOLLER |
| 19-2923 |
| October 2, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 23, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 34
ORDER: re: Notice of non-payment of sanctions. On November 27, 2019, this court sanctioned Christopher Stoller $19,028 for filing numerous frivolous appeals. The sanction was to be paid to appellee Wilmington Trust National Association on or before December 10, 2019, but the appellee has notified us that Stoller has not paid the sanction. Unless and until Stoller pays the outstanding sanction, the clerks of all federal courts in this circuit are directed to return unfiled any papers submitted either directly or indirectly by him or on his behalf. See In re: City of Chicago, 500 F.3d 582, 58586 (7th Cir. 2007); Support Sys. Intl, Inc. v. Mack, 45 F.3d 185, 186 (7th Cir. 1995). In accordance with our decision in Mack, exceptions to this filing bar are made for criminal cases and for applications for writs of habeas corpus. See Mack, 45 F.3d at 18687. This order will be lifted once this court is notified that Stoller makes full payment. See City of Chicago, 500 F.3d at 58586. If Christopher Stoller, despite his best efforts, is unable to pay in full all outstanding sanctions and filing fees, no earlier than two years from the date of this order he is authorized to submit to this court a motion to modify or rescind this order. See id.; Mack, 45 F.3d at 186. EBG [34] [7051899] [19-2561, 19-2591, 19-2923] (CG) [Entered: 12/23/2019 12:29 PM]
|
|
Filing 33
ORDER: On December 2, 2019, this court received a document from appellant Christopher Stoller in which he asks for more time to file a petition for rehearing and a stay pending his appeal to the Supreme Court. Because the mandate has issued, IT IS ORDERED that the clerks office is directed to return the document unfiled. EBG [33] [7051795] [19-2561, 19-2591, 19-2923] (AP) [Entered: 12/23/2019 09:02 AM]
|
| Filing 32 Filed Notice of Non-Payment of Sancitons by Appellee Wilmington Trust, National Association in 19-2561, 19-2591, 19-2923. [32] [7051676] [19-2561, 19-2591, 19-2923] (Tumialan, Rosa) [Entered: 12/20/2019 02:30 PM] |
|
Filing 31
ORDER re: 1. Petition for attorney fees. 2. Request for extension of time. 3. Whistleblower complaint. [ # 28 ] On July 16, 2019, this court summarily affirmed the orders of the district court and determined that these appeals were frivolous. Because appellant Christopher Stollers appeals satisfied the standard for sanctions under Rule 38 of the Federal Rules of Appellate Procedure, we granted the appellee Wilmington Trust National Associations motion for sanctions and ordered Wilmington Trust to file with the court a statement of the attorneys fees and other expenses reasonably incurred in defending the appeals. Wilmington Trust did so, and Stoller moved to extend the deadline for his response. We denied the motion, but to the extent that Stoller substantively responded to Wilmington Trusts statement of costs, we have considered his arguments. After considering the parties filings, we are awarding sanctions in the amount of the attorneys fees for time spent defending these three appeals. Accordingly, IT IS ORDERED that Christopher Stoller shall pay $19,028.00 to appellee Wilmington Trust National Association by December 10, 2019. A failure to pay the sanction will result in a filing bar. See In re: City of Chicago, 500 F.3d 582, 585-86 (7th Cir. 2007); Support Sys. Intl, Inc. v. Mack, 45 F.3d 185, 186 (7th Cir. 1995). IT IS FURTHER ORDERED that the relief requested in the Notice of Filing Whistle Blower Complaint is DENIED. Finally, on November 22, 2019, after the mandate issued in these appeals, Stoller submitted a motion for reconsideration of our October 24, 2019, order. Because the mandate has issued and this panel has already considered a motion to vacate the order, IT IS FINALLY ORDERED that the clerks office is directed to return the document unfiled. Sent Certified Mail. Receipt Number: 7018 0680 0002 2683 3466. EBG [31] [7046670] [19-2561, 19-2591, 19-2923] (VG) [Entered: 11/27/2019 09:04 AM]
|
| Filing 30 Mandate issued. No record to be returned. [30] [7045578] [19-2923] (CAH) [Entered: 11/22/2019 08:18 AM] |
| FOR COURT USE ONLY: Certified copy of 10/24/2019 Final Order with Mandate sent to the District Court Clerk. [7045579-2] [7045579] [19-2923] (CAH) [Entered: 11/22/2019 08:22 AM] |
|
Filing 29
ORDER: re: Confidential document in camera submission to the court in support of the appellant's request to vacate the court's October 24, 2019 santion order. [ # 21 ] The court has reviewed the doctors letter. IT IS ORDERED that the motion to vacate the sanctions order is DENIED. EBG [29] [7045200] [19-2561, 19-2591, 19-2923] (CG) [Entered: 11/20/2019 04:13 PM]
|
| Filing 28 Filed notice of filing of whistle blower complaint by Appellant Mr. Christopher Stoller in 19-2561, 19-2591, 19-2923. [28] [7044928] [19-2561, 19-2591, 19-2923] (MAN) [Entered: 11/20/2019 09:13 AM] |
|
Filing 27
ORDER: re: 1. Notice of motion to stay and to appoint a lawyer for Christopher. 2. Notice of filing appellant's request for an extension of time and for limited discovery. 3. Objection to request for an extension of time to respond and for discovery relative to fee petition. [ # 20 ] The request for recruitment of counsel is DENIED. See Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (en banc); Farmer v. Haas, 990 F.2d 319, 321 (7th Cir. 1993). It is not necessary to recruit counsel to assist in resolving the issues raised in these cases. IT IS FURTHER ORDERED that the request for a stay of the summary disposition order is DENIED. IT IS FINALLY ORDERED that the motion for an extension and discovery is DENIED. Christopher Stoller has substantively responded to the appellees statement of costs, and additional discovery will not aid the court. The amount of sanctions will be resolved by separate order. EBG [27] [7044658] [19-2561, 19-2591, 19-2923] (CG) [Entered: 11/19/2019 10:52 AM]
|
| Filing 26 Filed Objection by Appellee Wilmington Trust, National Association in 19-2561, 19-2591, 19-2923 Attorney Rosa M. Tumialan to Request for an Extension of Time to Respond and for Discovery Relative to Fee Petition. [26][7043684] [19-2561, 19-2591, 19-2923]--[Edited 11/14/2019 by AD - Correct version of doc #26 in Native PDF format.] (Tumialan, Rosa) [Entered: 11/14/2019 10:15 AM] |
| Filing 25 Filed Objection by Appellee Wilmington Trust, National Association in 19-2561, 19-2591, 19-2923 Attorney Rosa M. Tumialan to Request for Extension of Time to Respond and for Discovery Relative to Fee Petition. [25][7043664] [19-2561, 19-2591, 19-2923]--[Edited 11/14/2019 by AD - This is a Scanned PDF; a Native PDF must be submitted.] (Tumialan, Rosa) [Entered: 11/14/2019 09:38 AM] |
| Filing 24 Pro se motion filed by Appellants Mr. Christopher Stoller and Michael Stoller to extend time to file the response to petition for attorney fees and costs. [24] [7043275] [19-2923] (CM) [Entered: 11/13/2019 09:24 AM] |
| Filing 23 Notice from the Supreme Court that a motion for extension of time to file a Petition for Writ of Certiorari has been GRANTED, extending such time to 03/15/2020. [23] [7042480] [19-2561, 19-2591, 19-2923] (JR) [Entered: 11/07/2019 04:36 PM] |
| Filing 22 Filed Statement by Appellee Wilmington Trust, National Association in 19-2561, 19-2591, 19-2923 Attorney Rosa M. Tumialan to Attorney Fees and Costs. [22][7042136] [19-2561, 19-2591, 19-2923] (Tumialan, Rosa) [Entered: 11/06/2019 03:51 PM] |
| Filing 21 Pro se motion filed by Appellant Mr. Christopher Stoller in 19-2561,19-2591, & 19-2923 to vacate the court's October 24, 2019 sanction order. [21] [7040808] [19-2561, 19-2591, 19-2923] (PS) [Entered: 10/31/2019 03:25 PM] |
| Filing 20 Pro se motion filed by Appellant Mr. Christopher Stoller in 19-2561, 19-2591 & 19-2923 to stay and motion to appoint a lawyer. [20] [7040214] [19-2561, 19-2591, 19-2923] (JR) [Entered: 10/30/2019 10:05 AM] |
|
Filing 19
ORDER: This court has carefully reviewed the orders of the district court, the records on appeal, and the parties motions. Based on this review, the court has determined that any issues that could be raised are insubstantial and that further briefing would not be helpful to the courts consideration of the issues. See Taylor v. City of New Albany, 979 F.2d 87 (7th Cir. 1992); Mather v. Village of Mundelein, 869 F.2d 356, 357 (7th Cir. 1989) (per curiam) (court can decide case on motions papers and record where briefing would be not assist the court and no member of the panel desires briefing or argument). Summary disposition is appropriate when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists. Williams v. Chrans, 42 F.3d 1137, 1139 (7th Cir. 1995) (quoting Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994)). In appeal no. 19-2561, appellants Christopher and Michael Stoller challenge the district courts order denying the Stollers motion for reconsideration and for injunctive relief and/or a stay of its remand order. This court does not have jurisdiction to review the order remanding the case to state court. 28 U.S.C. 1447(d); Linder v. Union Pacific RR, 762 F.3d 568, 570 (7th Cir. 2014). Therefore, appeal no. 19-2561 is DISMISSED for lack of jurisdiction to the extent that the appellants seek to challenge the remand or reconsideration order. In appeal no. 19-2591, the Stollers challenge the district courts order denying the Stollers additional motion to stay the remand order pending appeal. Finally, in appeal no. 19-2923, the Stollers challenge the district courts orders denying their motion for a preliminary injunction to vacate the Arizona courts eviction judgment or for a stay of the district court proceedings pending appeal. This court reviews orders denying a stay or injunction for abuse of discretion. Venckiene v. United States, 929 F.3d 843, 853 (7th Cir. 2019); Fed. Trade Comm'n v. Advocate Health Care Network, 841 F.3d 460, 467 (7th Cir. 2016). Importantly, the appellants were not likely to succeed on the merits. See 28 U.S.C. 1441(a) (cases must be removed to district court where state action is pending); Mains v. Citibank, N.A., 852 F.3d 669, 676 (7th Cir. 2017) (district courts may not interfere in state court judgments); Hinrichs v. Bosma, 440 F.3d 393, 396 (7th Cir. 2006) (whether stay is warranted depends on whether party seeking stay has reasonable likelihood of success on the merits). Therefore, the district court did not abuse its discretion in denying the motions to stay or enjoin the district and state court proceedings. Accordingly, IT IS ORDERED that the orders of the district court are summarily AFFIRMED. IT IS FURTHER ORDERED that the motions for sanctions against Christopher Stoller are GRANTED. Within 14 days, appellee Wilmington Trust National Association may file with this court proper documentation of its attorneys fees and costs expended in the defense of these appeals. See FED. R. APP. P. 38. Stoller may file a response within ten days of Wilmingtons filing. Based on these filings, we will determine the appropriate amount of fees and costs to assess for pursuing these frivolous appeals, and Christopher Stoller will be responsible for reimbursing Wilmington for these fees and costs. If Christopher Stoller fails to pay the sanction and any outstanding filing fees by the due date, this court will enter an order directing the clerks of all federal courts in this circuit to return unfiled any papers submitted either directly or indirectly by or on behalf of Stoller unless and until he pays in full the sanction that has been imposed against him. See In re: City of Chicago, 500 F.3d 582, 58586 (7th Cir. 2007); Support Sys. Intl, Inc. v. Mack, 45 F.3d 185, 186 (7th Cir. 1995) (per curiam). Further frivolous filings in these or other appeals may result in additional sanctions. Christopher Stoller is further warned not to attempt to bypass this sanction by filing documents in Michael Stollers name. IT IS FINALLY ORDERED that all other pending motions in these appeals are DENIED as unnecessary. Daniel A. Manion, Circuit Judge; David F. Hamilton, Circuit Judge and Michael B. Brennan, Circuit Judge. [19] [7039194] [19-2561, 19-2591, 19-2923] (AG) [Entered: 10/24/2019 04:45 PM]
|
| Filing 18 Pro se motion filed by Appellants Mr. Christopher Stoller and Michael Stoller to consolidate cases. [18] [7038541] [19-3056, 19-2923] (AG) [Entered: 10/22/2019 04:22 PM] |
| Filing 17 Filed Response by Appellee Wilmington Trust Attorney Rosa M. Tumialan to Duplicative Motion to Strike, Emergency Motion to Stay Pending Appeal and Latest Motion for Summary Affirmance. [17][7037353] [19-2923] (Tumialan, Rosa) [Entered: 10/17/2019 12:26 PM] |
| Filing 16 Emergency pro se motion filed by Appellants Mr. Christopher Stoller and Michael Stoller to stay an Arizona State, Maricopa County Court Action CV18-013457 Pending Appeal of a TRO and Preliminary Injunction and Request for Summary Affirmance. [16] [7037153] [19-2923] (JR) [Entered: 10/16/2019 04:45 PM] |
| Filing 15 Pro se motion filed by Appellants Mr. Christopher Stoller and Michael Stoller to stay pending appeal. [15] [7037064] [19-2923] (JR) [Entered: 10/16/2019 03:13 PM] |
| Filing 14 Filed Appellants Mr. Christopher Stoller and Michael Stoller Memorandum In Support of its summary affirmance. [14] [7036822] [19-2923] (ER) [Entered: 10/16/2019 08:43 AM] |
| Filing 13 Pro se motion filed by Appellants Mr. Christopher Stoller and Michael Stoller to strike all pleadings filed by Wilmington Trust. [13] [7036363] [19-2923] (JR) [Entered: 10/11/2019 03:11 PM] |
| Filing 12 Filed Appellants Mr. Christopher Stoller and Michael Stoller's reply to Appellee Wilmington Trust's 'response to motion for sanctions, judicial notice and summary affirmance, motion to dismiss and for other relief.' [ # 9 ] [ # 9 ] [12] [7036128] [19-2923] (JR) [Entered: 10/10/2019 04:04 PM] |
| Filing 11 Filed Response by Appellee Wilmington Trust Attorney Rosa M. Tumialan to Emergency Motion to Stay Pending Appeal or for Summary Affirmance. [11][7035842] [19-2923] (Tumialan, Rosa) [Entered: 10/09/2019 03:38 PM] |
| Filing 10 Transcript of Proceedings dated 09/26/2019 filed by Appellant Mr. Christopher Stoller. [10] [7035512] [19-2923] (ER) [Entered: 10/08/2019 03:31 PM] |
| Filing 9 Filed Response by Appellee Wilmington Trust Attorney Rosa M. Tumialan to Response to Motion for Sanctions, Judicial Notice and Summary Affirmance, Motion to Dismiss Appeal and for Other Relief. [9][7035227] [19-2923] (Tumialan, Rosa) [Entered: 10/07/2019 03:44 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Rosa M. Tumialan for Appellee Wilmington Trust. [8] [7035218] (L-Yes; E-Yes; R-No) [19-2923] (Tumialan, Rosa) [Entered: 10/07/2019 03:39 PM] |
| Filing 7 Docketing Statement filed by Appellants Mr. Christopher Stoller and Michael Stoller. Prior or Related proceedings: No. [7] [7035177] [19-2923] (JR) [Entered: 10/07/2019 02:56 PM] |
| Filing 6 Emergency motion filed by Appellants Mr. Christopher Stoller and Michael Stoller to stay pending appeal and/or in the alternative request for summary disposition of the case in favor of the appellant. (Exhibits also attached.) [6] [7035129] [19-2923] (JR) [Entered: 10/07/2019 02:10 PM] |
| Filing 5 Pro se motion filed by Appellant Mr. Christopher Stoller for judicial notice and summary affirmance. [5] [7034561] [19-2923] (CMD) [Entered: 10/03/2019 03:58 PM] |
| Filing 4 Filed of Proof of Service of TRO and Preliminary Injunction by Appellant Mr. Christopher Stoller. [4] [7034559] [19-2923] (CMD) [Entered: 10/03/2019 03:57 PM] |
| Filing 3 No attorney(s) added for Appellee Leslie Zieve, per District Court docket and information sheet. [3] [7034327] [19-2923] (AP) [Entered: 10/03/2019 09:19 AM] |
| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Alsource Asset Management Corporation, John C. Steele, Brodnac and Steele Zieve, Kim R. Lepore, Joseph Tirello, Nathaniel Brodnax, William C. Erbey, Stephen H. Gray, Mr. Smith, Bradley, Arant, Boult and Cummings LLP and Lawyers, Assignee & Agents, John Does,Wilmington Trust, NA. [2] [7034324] [19-2923] (AP) [Entered: 10/03/2019 09:19 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants Christopher Stoller, Director and Michael Stoller by 10/08/2019. Transcript information sheet due by 10/16/2019. Appellant's brief due on or before 11/12/2019 for Christopher Stoller, Director and Michael Stoller [1] [7034315] [19-2923] (AP) [Entered: 10/03/2019 09:06 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
