Clark et al v. Santander Bank, N.A. et al
| Gordon Clark, Lillian J. Clark and Estate of Lillian J. Clark |
| Santander Bank, N.A., Timothy Wennes, Pierre Habis, Kenneth O'Neill, Wells Fargo & Company, Scott Powell, Bendett & McHugh, PC, Adam L. Bendett, Jeffrey M. Knickerbocker, Mark A. Piech, Joseph Abraham, Dominick D. Neveux, John Doe and Jane Doe |
| 3:2022cv00039 |
| January 10, 2022 |
| US District Court for the District of Connecticut |
| Sarala V Nagala |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 66 NOTICE by Gordon Clark, Estate of Lillian J. Clark of Plaintiffs' Pending Amended Motion to Strike the Complaint in Superior Court (Clark, Gordon) |
| Filing 65 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Rule 16 Conference set for 3/15/2022 10:00 AM in Courtroom One, 450 Main St., Hartford, CT before Judge Sarala V. Nagala. (Velez, F.) |
Filing 64
ORDER finding as moot Plaintiffs' Request for an Extension of time (ECF No. #61 ) in light of the Court's order granting a Rule 16 conference and vacating all current deadlines. Signed by Judge Sarala V. Nagala on 3/4/22. (Marks, Joshua)
|
|
Filing 63
ORDER granting Defendants' request for a Rule 16 conference. The Court will hold a Rule 16 conference on March 15, 2022, at 10:00 am, at the Abraham A. Ribicoff Federal Courthouse, 450 Main Street, Hartford Connecticut, in Courtroom One. It is further ORDERED that all deadlines on all pending motions are hereby VACATED. The Court will set a new briefing schedule at the Rule 16 conference. Signed by Judge Sarala V. Nagala on 3/4/22. (Marks, Joshua)
|
| Filing 62 Joint MOTION for Rule 16 Conference with Request for Expedited Consideration (jointly filed by all defendants) by Joseph Abraham, Adam L. Bendett, Bendett & McHugh, PC, Jane Doe, John Doe, Pierre Habis, Jeffrey M. Knickerbocker, Dominick D. Neveux, Kenneth O'Neill, Mark A. Piech, Scott Powell, Santander Bank, N.A., Wells Fargo & Company, Timothy Wennes. (Higgins, Sean) |
| Filing 61 Emergency MOTION for Extension of Time until March 17, 2022 for Superior Court Evidentiary Hearing #49 MOTION to Dismiss by Gordon Clark, Estate of Lillian J. Clark. (Clark, Gordon) |
| Filing 60 NOTICE by Santander Bank, N.A. to Self-Represented Litigant Concerning Motion to Dismiss (Tracey, Patrick) |
| Filing 59 MOTION to Dismiss by Santander Bank, N.A..Responses due by 3/18/2022 (Attachments: #1 Memorandum in Support)(Tracey, Patrick) |
| Filing 58 First NOTICE by Joseph Abraham, Adam L. Bendett, Bendett & McHugh, PC, Jeffrey M. Knickerbocker, Dominick D. Neveux, Mark A. Piech re #57 First MOTION to Dismiss Complaint to Self Represented Party Concerning the Motion to Dismiss (Knickerbocker, Jeffrey) |
| Filing 57 First MOTION to Dismiss Complaint by Joseph Abraham, Adam L. Bendett, Bendett & McHugh, PC, Jeffrey M. Knickerbocker, Dominick D. Neveux, Mark A. Piech.Responses due by 3/17/2022 (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A - State Court Docket, #3 Exhibit B - Redacted Mortgage Deed, #4 Exhibit C - Motion from State Court)(Knickerbocker, Jeffrey) |
| Filing 56 First Corporate Disclosure Statement for Bendett & McHugh, PC by Joseph Abraham, Adam L. Bendett, Bendett & McHugh, PC, Jeffrey M. Knickerbocker, Dominick D. Neveux, Mark A. Piech. (Knickerbocker, Jeffrey) |
|
Filing 55
ORDER denying Plaintiffs' Motion to Preserve all Records (ECF No. #46 ). In their motion, Plaintiffs request the Court order Defendant Santander preserve "all U.S. Residential Mortgage and HELOC records and all related employment records." ECF No. 46 at 2. In examining a request for a preservation order, Courts in this District apply a balancing test and consider the "specific, significant, and imminent threat of loss or destruction of evidence against the burden that preserving that evidence would impose." Jumpp v. Anaya, No. 3:13 CV 1228 JBA, 2015 WL 2237516, at *1 (D. Conn. May 1, 2015).Here, Plaintiff requests in his motion, and reaffirms in his reply, that he seeks a court order requiring Santander to preserve all residential mortgage and HELOC records, as well as all related employment records, regardless of whether the documents have any relation to the present litigation. ECF No. #46 at 2; ECF No. #54 at 6. Such a broad order would place a serious burden on Santander. Additionally, given Santander's representations in its response (ECF No. #52 ), there is little chance that any of the relevant documents will be destroyed. Plaintiffs provide no evidence that Santander has destroyed any relevant documents, nor do Plaintiffs provide any evidence that Santander is planning on destroying any relevant documents. Further, in its response, Santander represents that a broad preservation letter has been circulated within the company to ensure that no relevant documents are destroyed. Finally, as Santander points out, "the obligation to preserve evidence arises when the party has notice that the evidence is relevant to litigation or when a party should have known that the evidence may be relevant to future litigation." Fujitsu Ltd. v. Fed. Exp. Corp., 247 F.3d 423, 436 (2d Cir. 2001). At this point in the litigation, it is clear that Santander is on notice that all relevant information must be preserved, and Santander has acknowledged as much through the circulation of preservation letters. Thus, the risk that any information will be destroyed or deleted "has been diminished, if not eliminated." RBC Nice Bearings, Inc. v. Peer Bearing Co., No. 3:06CV1380(AHN), 2008 WL 11376620, at *3 (D. Conn. Nov. 5, 2008). Therefore, the burden that the broad order requested here would place on Santander far outweighs the risk of destruction of relevant documents. The Plaintiffs' motion is DENIED. Signed by Judge Sarala V. Nagala on 2/23/22. (Marks, Joshua)
|
| Filing 54 REPLY to Response to #46 Emergency MOTION for Defendant Santander Bank, N.A. to Preserve All Records Order filed by Gordon Clark, Estate of Lillian J. Clark. (Clark, Gordon) |
| Filing 53 AFFIDAVIT re #52 Memorandum in Opposition to Motion Signed By Patrick S. Tracey filed by Santander Bank, N.A.. (Tracey, Patrick) |
| Filing 52 Memorandum in Opposition re #46 Emergency MOTION for Defendant Santander Bank, N.A. to Preserve All Records Order filed by Santander Bank, N.A.. (Tracey, Patrick) |
| Filing 51 NOTICE by Scott Powell, Wells Fargo & Company re #49 MOTION to Dismiss to Self-Represented Litigants Regarding Motions to Dismiss as required by Local Rule 12 (Higgins, Sean) |
| Filing 50 Memorandum in Support re #49 MOTION to Dismiss filed by Scott Powell, Wells Fargo & Company. (Attachments: #1 Exhibit 1; Lien by Clark on His Wife's Home)(Higgins, Sean) |
| Filing 49 MOTION to Dismiss by Scott Powell, Wells Fargo & Company.Responses due by 3/7/2022 (Higgins, Sean) |
| Filing 48 NOTICE by Gordon Clark, Estate of Lillian J. Clark (Clark, Gordon) |
| Set Deadline as to #46 Emergency MOTION for Defendant Santander Bank, N.A. to Preserve All Records Order. Response due by 2/18/2022. See 47 Order. (Bozek, M.) |
|
Filing 47
ORDER. Santander Bank, N.A. shall file any opposition to Plaintiffs' Emergency Motion to Preserve All Records (ECF No. 46) no later than February 18, 2022. Signed by Judge Sarala V. Nagala on 2/11/22. (Marks, Joshua)
|
| Filing 46 Emergency MOTION for Defendant Santander Bank, N.A. to Preserve All Records Order by Gordon Clark, Estate of Lillian J. Clark. (Clark, Gordon) |
| Filing 45 Corporate Disclosure Statement by Wells Fargo & Company. (Higgins, Sean) |
|
Filing 44
ORDER denying Plaintiffs' Motion for Stay (ECF No. #43 ). Plaintiffs request the Court enter an order staying two pending Connecticut state court actions solely because Mr. Clark "is not capable of simultaneously administering and litigating" three separate actions. However, under the Anti-Injunction Act, a federal district court is not allowed to grant an injunction staying proceedings in a state court action except "as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments." 28 U.S.C. 2283. Other Courts in this District have held that a federal court is without power to enjoin a concurrently pending foreclosure action in Connecticut state court. See Rhodes v. Advanced Prop. Mgmt. Inc., No. 3:10-CV-826 JCH, 2011 WL 3204597, at *2 (D. Conn. July 26, 2011); Chekroun v. U.S. Small Bus. Admin., No. CIV.A3:97CV2625(AWT), 1998 WL 231158, at *3 (D. Conn. May 4, 1998). Similarly, here Plaintiffs have presented no evidence that any of the narrow exceptions set forth in 28 U.S.C. 2283 apply to the present action. Therefore, this Court is without power to enjoin the state court proceedings, and Plaintiffs' motion must be DENIED. Signed by Judge Sarala V. Nagala on 2/1/22. (Marks, Joshua)
|
| Filing 43 MOTION to Stay by Gordon Clark, Estate of Lillian J. Clark.Responses due by 2/19/2022 (Clark, Gordon) |
| Answer deadline updated for Joseph Abraham to 2/25/2022; Adam L. Bendett to 2/25/2022; Bendett & McHugh, PC to 2/25/2022; Jane Doe to 2/25/2022; John Doe to 2/25/2022; Pierre Habis to 2/25/2022; Jeffrey M. Knickerbocker to 2/25/2022; Dominick D. Neveux to 2/25/2022; Kenneth O'Neill to 2/25/2022; Mark A. Piech to 2/25/2022; Santander Bank, N.A. to 2/25/2022; Timothy Wennes to 2/25/2022. See 42 order. (Bozek, M.) |
|
Filing 42
ORDER granting in part and denying in part Defendants' Motion for Extension of Time (ECF No. #40 ). Any response to the complaint shall be filed no later than February 25, 2022. Defendants are reminded that going forward, any motion for an extension of time shall comply with Connecticut Local Rule of Civil Procedure 7(b)2 and include whether the Plaintiffs have been informed of the request for additional time, and Plaintiffs position on such request. Signed by Judge Sarala V. Nagala on 1/27/22. (Marks, Joshua)
|
| Filing 41 OBJECTION re #40 MOTION for Extension of Time until 3/15/2022 to File Responsive Pleading to #1 Complaint filed by Gordon Clark, Estate of Lillian J. Clark. (Clark, Gordon) |
| Filing 40 MOTION for Extension of Time until 3/15/2022 to File Responsive Pleading to #1 Complaint by Joseph Abraham, Adam L. Bendett, Bendett & McHugh, PC, Jane Doe, John Doe, Pierre Habis, Dominick D. Neveux, Kenneth O'Neill, Mark A. Piech, Santander Bank, N.A., Timothy Wennes. (Tracey, Patrick) |
| Filing 39 Summons Returned Unexecuted by Gordon Clark as to Wells Fargo & Company. (Imbriani, Susan) |
| Filing 38 Summons Returned Unexecuted by Gordon Clark as to Scott Powell. (Imbriani, Susan) |
| Filing 37 SUMMONS Returned Executed by Gordon Clark. Wells Fargo & Company served on 1/24/2022, answer due 2/14/2022. (Imbriani, Susan) |
| Filing 36 SUMMONS Returned Executed by Gordon Clark. Scott Powell served on 1/24/2022, answer due 2/14/2022. (Imbriani, Susan) |
| Filing 35 JUDICIAL NOTICE of the proper and lawful service of the final two summonses and complaints by Gordon Clark (Imbriani, Susan) |
| Filing 34 JUDICIAL NOTICE of Attorney Sean Higgins of K&L Gates, LLP refusal to accept service of process for defendants Wells Fargo and Scott Powell by Gordon Clark (Imbriani, Susan) |
| Filing 32 NOTICE of Appearance by Jeffrey M. Knickerbocker on behalf of Joseph Abraham, Adam L. Bendett, Bendett & McHugh, PC, Jeffrey M. Knickerbocker, Dominick D. Neveux, Mark A. Piech (Knickerbocker, Jeffrey) |
| Filing 31 NOTICE of Appearance by Sean R. Higgins on behalf of Scott Powell, Wells Fargo & Company (Higgins, Sean) |
| Filing 30 Corporate Disclosure Statement by Santander Bank, N.A.. (Tracey, Patrick) |
| Filing 29 NOTICE of Appearance by Patrick S. Tracey on behalf of Jane Doe, John Doe, Pierre Habis, Kenneth O'Neill, Santander Bank, N.A., Timothy Wennes (Tracey, Patrick) |
|
Filing 33
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 Sarala V. Nagala on 1/21/2022.(Bozek, M.)
|
|
Filing 27
ORDER granting Plaintiff's Motion to Participate in Electronic Filing (ECF No. #22 ). Signed by Judge Sarala V. Nagala on 1/21/22. (Marks, Joshua)
|
| Filing 28 SUMMONS Returned Executed by Gordon Clark. Jane Doe served on 1/14/2022, answer due 2/4/2022; John Doe served on 1/14/2022, answer due 2/4/2022; Pierre Habis served on 1/14/2022, answer due 2/4/2022; Kenneth O'Neill served on 1/14/2022, answer due 2/4/2022; Santander Bank, N.A. served on 1/14/2022, answer due 2/4/2022; Timothy Wennes served on 1/14/2022, answer due 2/4/2022. (Imbriani, Susan) |
| Filing 26 Judicial Notice of Unsolicited Legal Advice from Attorney of K&L Gates, LLP by Gordon Clark (Imbriani, Susan) |
| Filing 25 Judicial Notice of the proper and lawful service of an additional five summonses and complaints by Gordon Clark (Imbriani, Susan) |
| Filing 24 Plaintiff's Judicial Notice to Superior Court of Hartford by Gordon Clark (Imbriani, Susan) |
| Filing 23 NOTICE of Pro Se Appearance by Gordon Clark (Imbriani, Susan) |
| Filing 22 MOTION to participate in electronic filing by Gordon Clark.Responses due by 2/10/2022 (Imbriani, Susan) |
| Filing 21 Consent to Electronic Notice by Gordon Clark (Imbriani, Susan) |
| Filing 20 JUDICIAL NOTICE of the Proper and Lawful Service of six summonses and complaints by Gordon Clark, Estate of Lillian J. Clark re #19 Summons Returned Executed, (Imbriani, Susan) |
| Filing 19 SUMMONS Returned Executed by Estate of Lillian J. Clark, Gordon Clark. Joseph Abraham served on 1/12/2022, answer due 2/2/2022; Adam L. Bendett served on 1/12/2022, answer due 2/2/2022; Bendett & McHugh, PC served on 1/12/2022, answer due 2/2/2022; Jeffrey M. Knickerbocker served on 1/12/2022, answer due 2/2/2022; Dominick D. Neveux served on 1/12/2022, answer due 2/2/2022; Mark A. Piech served on 1/12/2022, answer due 2/2/2022. (Imbriani, Susan) |
| Filing 18 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Jane Doe, John Doe* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 17 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Dominick D. Neveux* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 16 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Joseph Abraham* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 15 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Mark A. Piech* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 14 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Jeffrey M. Knickerbocker* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 13 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Adam L. Bendett* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 12 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Bendett & McHugh, PC* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 11 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Scott Powell* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Wells Fargo & Company* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 9 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Kenneth O'Neill* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Pierre Habis* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Timothy Wennes* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Santander Bank, N.A.* with answer to complaint due within *21* days. *Gordon Clark* *70 Elm Street* *Enfield, CT 06082*. (Bozek, M.) |
| Filing 5 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 Standing Protective Order, #3 Electronic Filing Order, #1 Complaint filed by Lillian J. Clark, #2 Order on Pretrial Deadlines Signed by Clerk on 01/11/2022.(Fazekas, J.) |
| Request for Clerk to issue summons as to Kenneth O'Neill. (Bozek, M.) |
| Request for Clerk to issue summons as to Wells Fargo & Company. (Bozek, M.) |
| Request for Clerk to issue summons as to Pierre Habis. (Bozek, M.) |
| Request for Clerk to issue summons as to Timothy Wennes. (Bozek, M.) |
| Request for Clerk to issue summons as to Santander Bank, N.A.. (Bozek, M.) |
| Request for Clerk to issue summons as to Scott Powell. (Bozek, M.) |
| Request for Clerk to issue summons as to Bendett & McHugh, PC. (Bozek, M.) |
| Request for Clerk to issue summons as to Dominick D. Neveux. (Bozek, M.) |
| Request for Clerk to issue summons as to Jane Doe, John Doe. (Bozek, M.) |
| Request for Clerk to issue summons as to Mark A. Piech. (Bozek, M.) |
| Request for Clerk to issue summons as to Joseph Abraham. (Bozek, M.) |
| Request for Clerk to issue summons as to Jeffrey M. Knickerbocker. (Bozek, M.) |
| Request for Clerk to issue summons as to Adam L. Bendett. (Bozek, M.) |
|
Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Sarala V. Nagala on 01/10/2022.(Fazekas, J.)
|
|
Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarala V. Nagala on 01/10/2022.(Fazekas, J.)
|
|
Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 3/11/2022. Discovery due by 7/12/2022. Dispositive Motions due by 8/16/2022. Signed by Clerk on 01/10/2022.(Fazekas, J.)
|
| Filing 1 COMPLAINT against All Defendants, filed by Lillian J. Clark. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fazekas, J.) |
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
