Woermer v. Hirsh et al

Plaintiff: William S. Woermer
Defendant: Sandra M. Hirsh, Jeffery Raup, Alan Hirsch, Harry Hirsch, Hirsch Trust, Alberta Managment, Sandra M. Hirsch Trust, Adam Hirsch and Alberta Management
Case Number: 3:2018cv01898
Filed: November 21, 2018
Court: US District Court for the District of Connecticut
Presiding Judge: Kari A Dooley
Referring Judge: Sarah A L Merriam
Nature of Suit: Other Fraud
Cause of Action: 18:1962
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on January 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 3, 2019 Opinion or Order Filing 18 ORDER denying #14 Motion to Transfer/Disqualify/Recuse Judge. Plaintiff seeks to disqualify the undersigned pursuant to section 455(a) of Title 28 of the United States Code, which states: "Any justice, judge, or magistrate judge of the United States shall disqualify [herself] in any proceeding in which [her] impartiality might reasonably be questioned." 28 U.S.C. 455(a). "In determining whether Section 455(a) requires recusal, the appropriate standard is objective reasonableness -- whether an objective, disinterested observer fully informed of the underlying facts, would entertain significant doubt that justice would be done absent recusal." United States v. Carlton, 534 F.3d 97, 100 (2d Cir. 2008) (citation and quotation marks omitted). Plaintiff alleges that he is a "personal friend" of the undersigned's father, Dwight Merriam, and that plaintiff "maintain[s] a correspondence with him." Doc. #14 at 2. Plaintiff also claims that, in the past, he has retained the law firm of Robinson and Cole, where Dwight Merriam previously worked, and alleges: "I believe that complications could develop in this case by the [undersigned's] involvement." Id. Plaintiff does not elaborate on the potential complications that he believes "could develop in this case[,]" nor does he offer any explanation as to how this case, or the the undersigned's involvement in it, could impact Dwight Merriam or the firm of Robinson and Cole. Id.The bare facts alleged in plaintiff's motion do not meet the objective standard set out in 28 U.S.C. 455(a). Plaintiff alleges no interest of the Court in this litigation, not even "remote, contingent, indirect or speculative interests[,]" and thus recusal is not appropriate. In re Aguinda, 241 F.3d 194, 201 (2d Cir. 2001) (citation omitted). Indeed, based on plaintiff's pleadings, "there is only a remote and speculative possibility, if any, that a decision in this case will affect [Dwight Merriam or the firm of Robinson and Cole] in any way, financially or otherwise, and if the plaintiff's theory were accepted as a basis for recusal, the list of opportunities for groundless recusal would be endless." Jean-Charles v. Perlitz, No. 3:11CV614(RNC), 2012 WL 5287038, at *2 (D. Conn. Oct. 24, 2012) (citation omitted) (alterations modified). The fact that plaintiff knows Dwight Merriam, has had prior dealings with his former law firm, and has chosen to make the Court aware of those facts, is insufficient to justify recusal in this case. Because plaintiff has failed to satisfy the standard governing disqualification of the undersigned, disqualification would be "prohibited." In re Aguinda, 241 F.3d at 201. It is so ordered. Signed by Judge Sarah A. L. Merriam on 1/3/19. (Dowie, C)
January 3, 2019 Opinion or Order Filing 17 ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for review of the Plaintiff's Amended Complaint and ruling on motion including #14 MOTION to Transfer/Disqualify/Recuse Judge Signed by Judge Kari A. Dooley on 1/3/2019.Motion referred to Sarah A. L. Merriam(Gould, K.)
January 3, 2019 Opinion or Order Filing 16 ORDER VACATING 13 Order on Recommended Ruling in light of the amended complaint being filed on 01/02/2019 and docketed after the Court's order on 01/03/2019. Signed by Judge Kari A. Dooley on 1/03/2019.(Gould, K.)
January 3, 2019 Opinion or Order Filing 13 VACATED - ORDER adopting #12 Recommended Ruling. The Court has reviewed Magistrate Judge Merriams comprehensive Recommended Ruling concerning her initial review of the self represented Plaintiffs complaint pursuant to 28 U.S.C. 1915A (the "Recommended Ruling"). The Recommended Ruling contains an accurate statement of the applicable law and a thoroughly reasoned analysis and application of that law to the circumstances presented here. The Recommended Ruling therefore is Accepted, Adopted, and So Ordered. The Plaintiff's Complaint raises several claims that, in essence, challenge the Defendants' attempt to collect on a mortgage debt. The Plaintiff does not specifically identify the secured property at issue in his Complaint, but, as Magistrate Judge Merriam noted in the Recommended Ruling, it is reasonable to infer that the property at issue is the Plaintiff's current residence at 17 Creek Court, Branford, Connecticut. That property and the related debts have been the subject of two foreclosure proceedings in state court, which resulted in judgements of strict foreclosure and foreclosure by sale. See generally Hirsch v. Woermer, No. NNI-cv-16-6009200-S; Town of Branford, et al. v. Woermer, No. NNH-cv-17-6071669-S. I agree with Magistrate Judge Merriam that this Court lacks subject matter jurisdiction over any claims attacking the validity of or seeking to enjoin the state court proceedings, including any judgments rendered therein. I fully adopt Magistrate Judge Merriam's thorough and well reasoned analysis on this issue. The Plaintiff also identifies in his Complaint three criminal statutes as bases for his claims, but, as Magistrate Judge Merriam correctly observed, none of these statutes creates a private right of action and, therefore, the Plaintiff's claims under these statutes must be dismissed with prejudice. Finally, the Plaintiff's Complaint sought to bring a civil RICO claim pursuant to 18 U.S.C. 1962. Although there is a private right of action in some circumstances for a RICO violation, I agree with Magistrate Judge Merriam that the Plaintiff's complaint does not adequately pleaded such a claim. In the Recommended Ruling, Magistrate Judge Merriam explained why the Plaintiff's RICO pleading was deficient. She further informed the Plaintiff that she was dismissing his civil RICO claim "without prejudice" and ordered him to file an amended complaint "on or before January 2, 2019" if he "wishes to pursue his civil RICO claim(s), or to otherwise replead his claims." Despite this admonition, the Plaintiff has not filed an amended complaint, nor has he filed any objection to the Recommended Ruling.Accordingly, the Complaint is dismissed. The Clerk of the Court is directed to close this matter. Signed by Judge Kari A. Dooley on 1/3/2019. (Beyerlein, Alexis) Modified on 1/3/2019 (Gould, K.).
January 2, 2019 Filing 15 AMENDED COMPLAINT against Alberta Management, Harry Hirsch, Sandra M. Hirsh, Jeffery Raup, Adam Hirsch, Sandra M. Hirsch Trust, filed by William S. Woermer. (Barry, Donna) Modified on 1/3/2019 to update spelling of Defendant Alberta Management's name (Barry, Donna).
January 2, 2019 Filing 14 MOTION to Recuse Judge Merriam by William S. Woermer. (Barry, Donna)
December 11, 2018 Opinion or Order Filing 12 RECOMMENDED RULING. For the reasons set forth in the attached ruling, the Court recommends that plaintiffs Complaint #1 be DISMISSED, without prejudice to refiling in part. If plaintiff wishes to pursue his civil RICO claim(s), or to otherwise replead his claims, he must file an amended complaint that sets forth a clear statement of his claim(s) on or before January 2, 2019. 15 Pages.This is a recommended ruling. See Fed. R. Civ. P. 72(b)(1). Any objections to this recommended ruling must be filed with the Clerk of the Court within fourteen (14) days of being served with this order. See Fed. R. Civ. P. 72(b)(2). Failure to object within fourteen (14) days will preclude appellate review. See 28 U.S.C. 636(b)(1); Rules 72, 6(a) and 6(d) of the Federal Rules of Civil Procedure; D. Conn. L. Civ. R. 72.2; Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam); F.D.I.C. v. Hillcrest Assoc., 66 F.3d 566, 569 (2d Cir. 1995). Signed by Judge Sarah A. L. Merriam on 12/11/18. (Dowie, C)
December 11, 2018 Opinion or Order Filing 11 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without prepayment of fees, costs or security therefor, which includes an affidavit regarding his current financial circumstances. See Doc. #2 . In this document, plaintiff states that he is retired, and has a monthly income of $1,139.00 in social security benefits. See id. at 3. Plaintiff's basic living expenses are supplemented by food stamps, and plaintiff alleges that he has no significant assets. See id. at 3-5. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. See 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/11/18. (Dowie, C)
December 3, 2018 Opinion or Order Filing 10 ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Kari A. Dooley on 12/03/2018.(Gould, K.)
December 3, 2018 Opinion or Order Filing 9 ORDER granting #8 Motion to Participate in Electronic Filing. Signed by Clerk on 12/03/2018. (Gould, K.)
November 27, 2018 Filing 8 MOTION to Participate in Electronic Filing by William S. Woermer. (Anastasio, F.)
November 27, 2018 Filing 7 Consent to Electronic Notice by William S. Woermer (Anastasio, F.)
November 26, 2018 Opinion or Order Filing 6 ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for Ruling on #2 MOTION for Leave to Proceed in forma pauperis Signed by Judge Kari A. Dooley on 11/26/2018.Motion referred to Sarah A. L. Merriam(Gould, K.)
November 21, 2018 Opinion or Order Filing 5 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 11/21/2018.(Caffrey, A.)
November 21, 2018 Opinion or Order Filing 4 STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 11/21/2018.(Caffrey, A.)
November 21, 2018 Opinion or Order Filing 3 Order on Pretrial Deadlines: Amended Pleadings due by 1/20/2019 Discovery due by 5/23/2019 Dispositive Motions due by 6/27/2019 Signed by Clerk on 11/21/2018.(Caffrey, A.)
November 21, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis by William S. Woermer. (Caffrey, A.)
November 21, 2018 Filing 1 COMPLAINT against Alberta Managment, Alan Hirsch, Harry Hirsch, Hirsch Trust, Sandra M. Hirsh, Jeffery Raup, filed by William S. Woermer.(Caffrey, A.)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Connecticut District Court's Electronic Court Filings (ECF) System

Search for this case: Woermer v. Hirsh et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sandra M. Hirsh
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jeffery Raup
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Alan Hirsch
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Harry Hirsch
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Hirsch Trust
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Alberta Managment
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sandra M. Hirsch Trust
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Adam Hirsch
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Alberta Management
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: William S. Woermer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?