Keyes v. Aurora Bank FSB et al
| Denise Keyes |
| Headlands Mortgage Company, Michael J. Smith, Jane Does, Lehman Brothers Bank, FSB, John Does, Greenpoint Mortgage Funding Inc, PHH Mortgage Services, U.S. Bank National Association, Eric J. Armstrong and Aurora Bank FSB |
| 3:2019cv01818 |
| November 15, 2019 |
| US District Court for the District of Connecticut |
| Alfred V Covello |
| Banks and Banking |
| 12 U.S.C. § 1461 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 20 NOTICE by PHH Mortgage Services, U.S. Bank National Association re 19 Order, Regarding Local Rule 12(a) (Ankrom, Jeffrey) |
Filing 19
ORDER: The defendant, PHH Mortgage Services, U.S. Bank National Association, shall file and serve a notice to the self-represented plaintiff, in compliance with District of Connecticut Local Rule of Civil Procedure 12(a), on or before January 23, 2020. Signed by Judge Alfred V. Covello on 1/9/2020.(Covello, Alfred)
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Filing 18
ORDER denying the pro se plaintiff's #13 motion to remand to state court and notice in opposition of removal, without prejudice. "[A]ny civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant" to federal court. 28 U.S.C. 1441(a). "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. 1331. In a case where the plaintiff is proceeding pro se, "the Court must liberally construe the allegations in his complaint and 'interpret[ ] [them] to raise the strongest arguments that they suggest.'" Davila v. Lang, 343 F. Supp. 3d 254, 266 (S.D.N.Y. Oct. 28, 2018)(citations omitted). In this case, the plaintiff alleged in her complaint that the defendant violated numerous federal banking and securities laws. She further supported her claims with allegations that defendants "forged tax returns and SEC filings," filed false returns to the SEC, and engaged in security fraud through the transfer of a note. Since the complaint alleges violations of federal law and this court has original jurisdiction over federal law, the plaintiff has failed to provide a basis to support her claim that this court lacks jurisdiction. The plaintiff also argues that remand is necessary because not all the defendants consented to removal. "Under 28 U.S.C. 1447 [the] [p]laintiff has a right to bring a motion for remand on the basis of any defect in the notice of removal.... There is general agreement among the courts that '[a]ll the defendants must join in seeking removal' from state court.... This requirement is known as the rule of unanimity." Bill Wolf Petroleum Corp. V. Village of Port Washington North, 489 F. Supp. 2d 203, 207 (E.D.N.Y May 29, 2007)(citations omitted). However, "[t]he unanimity rule is subject to three pivotal exceptions.... [A] party asserting proper removal may raise an exception to the unanimity rule when: '(1) the non-joining defendants have not been served with service of process at the time the removal petition is filed; (2) the non-joining defendants are merely nominal or formal parties; [or] (3) the removed claim is a separate and independent claim as defined by 28 U.S.C. 1441(c).'" Snakepit Automotive, Inc. v. Superperformance Intern., LLC, 489 F. Supp. 2d 196, 201-2 (E.D.N.Y. May 25, 2007)(citations omitted). In this case, the defendant argues that the non-joining defendants had not been served with service of process at the time of removal and that they are merely nominal or formal parties. Upon review of the record, the court concludes that the removal in this case falls within an exception to the rule of unanimity. As such, the plaintiffs motion to remand is denied. Signed by Judge Alfred V. Covello on 1/9/2020. (Covello, Alfred)
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| Filing 17 OBJECTION re #13 MOTION to Remand to State Court filed by PHH Mortgage Services, U.S. Bank National Association. (Ankrom, Jeffrey) |
| Filing 16 Memorandum in Support re #15 MOTION to Dismiss filed by PHH Mortgage Services, U.S. Bank National Association. (Attachments: #1 Exhibit A - Deed, #2 Exhibit B- Mortgage, #3 Exhibit C - Assignment, #4 Exhibit D - Assignment, #5 Exhibit E - Assignment, #6 Exhibit F - Assignment, #7 Exhibit G - Assignment, #8 Exhibit H - Affidavits, #9 Exhibit I - Summons & Complaint)(Ankrom, Jeffrey) |
| Filing 15 MOTION to Dismiss by PHH Mortgage Services, U.S. Bank National Association.Responses due by 1/8/2020 (Ankrom, Jeffrey) |
| Filing 14 AFFIDAVIT in Rejection signed and filed by Denise Keyes. (Attachments: #1 Notice of Electronic Filing, #2 Envelope, #3 Envelope)(Bozek, M.) |
| Filing 13 MOTION to Remand to State Court/Notice of Plaintiff's Motion in Opposition to Removal and Demand for Remand by Denise Keyes.Responses due by 12/18/2019. (Attachments: #1 Service List, #2 Affidavit in Support and Demand for Removal, #3 Exhibit A, #4 Certified Mail Receipts)(Bozek, M.) |
| Filing 12 NOTICE of Change of Address by Denise Keyes. (Fanelle, N.) |
| Answer deadline updated for PHH Mortgage Services to 12/23/2019; U.S. Bank National Association to 12/23/2019. See 11 Order. (Bozek, M.) |
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Filing 11
ORDER granting #9 motion for extension of time. The time for PHH Mortgage Services, U.S. Bank National Association to file a response to the complaint is hereby extended to and including December 23, 2019. Signed by Judge Alfred V. Covello on 11/18/2019. (Sondergeld, C.)
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| Filing 10 RESPONSE re #1 Notice of Removal,, by PHH Mortgage Services, U.S. Bank National Association Statement in Accordance with Standing Order on Removed Cases. (Ankrom, Jeffrey) |
| Filing 9 MOTION for Extension of Time until 12/23/2019 to Respond to Complaint by PHH Mortgage Services, U.S. Bank National Association. (Ankrom, Jeffrey) |
| Filing 8 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Corporate Disclosure Statement filed by U.S. Bank National Association, #7 Electronic Filing Order, #2 Notice of Appearance filed by PHH Mortgage Services, U.S. Bank National Association, #3 Notice (Other) filed by PHH Mortgage Services, U.S. Bank National Association, #6 Order on Pretrial Deadlines, #1 Notice of Removal,, filed by PHH Mortgage Services, U.S. Bank National Association, and #5 Corporate Disclosure Statement filed by PHH Mortgage Services. Signed by Clerk on 11/18/2019. (Attachments: #1 Notice of Removal Standing Order)(Bozek, M.) |
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Alfred V. Covello on 11/15/2019.(Bozek, M.)
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Filing 6
Order on Pretrial Deadlines: Amended Pleadings due by 1/14/2020. Discovery due by 5/16/2020. Dispositive Motions due by 6/20/2020. Signed by Clerk on 11/15/2019.(Bozek, M.)
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| Filing 5 Corporate Disclosure Statement by PHH Mortgage Services identifying Corporate Parent Ocwen Financial Corporation, Corporate Parent PHH Corporation for PHH Mortgage Services. (Ankrom, Jeffrey) |
| Filing 4 Corporate Disclosure Statement by U.S. Bank National Association identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association. (Ankrom, Jeffrey) |
| Filing 3 NOTICE by PHH Mortgage Services, U.S. Bank National Association of no Pending Motions (Ankrom, Jeffrey) |
| Filing 2 NOTICE of Appearance by Jeffrey C. Ankrom on behalf of PHH Mortgage Services, U.S. Bank National Association (Ankrom, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL by PHH Mortgage Services, U.S. Bank National Association, as Trustee for Lehman Brothers Small Balance Commercial Mortgage Pass-Through Certificates, Series 2007-2 from New Haven Superior, case number NNH-CV19-5047211-S. Filing fee $ 400 receipt number ACTDC-5546690, filed by PHH Mortgage Services, U.S. Bank National Association, as Trustee for Lehman Brothers Small Balance Commercial Mortgage Pass-Through Certificates, Series 2007-2. (Attachments: #1 Exhibit A - Complaint, #2 Civil Cover Sheet)(Ankrom, Jeffrey) |
| Judge Alfred V. Covello added. (Walker, J.) |
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