Vollenweider v. U.S. Bank Trust National Association as Trustee for the Tiki Series IV Trust et al
| Eric Vollenweider |
| U.S. Bank Trust National Association as Trustee of the Tiki Series IV Trust, MTGLQ Investors, L.P., Wells Fargo Bank, N.A. and U.S. Bank Trust National Association as Trustee for the Tiki Series IV Trust |
| 3:2023cv00638 |
| May 16, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Omar A Williams |
| Contract: Other |
| 23 U.S.C. § 1441 Contract Real Estate |
| None |
Docket Report
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| Case remanded to State Court Judicial District of Fairfield at Bridgeport. (Velez, F.) |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Velez, F.) |
| Filing 13 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 #12 Order, 9 Order,,,,,,,,,,,, #8 Order on Pretrial Deadlines, #11 Electronic Filing Order, 6 Notice re: Disclosure Statement, #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Eric Vollenweider, #1 Notice of Removal, filed by U.S. Bank Trust National Association as Trustee for the Tiki Series IV Trust, #4 Notice (Other) filed by U.S. Bank Trust National Association as Trustee for the Tiki Series IV Trust, #2 Notice of Appearance filed by Wells Fargo Bank, N.A., #7 Disclosure Statement filed by U.S. Bank Trust National Association as Trustee for the Tiki Series IV Trust, #10 Protective Order, #3 Disclosure Statement filed by Wells Fargo Bank, N.A. Signed by Clerk on 5/17/2023. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
Filing 9
ORDER remanding action to state court. Plaintiff brings this action against the defendant banks seeking to reverse the foreclosure of certain real property in Bridgeport, Connecticut. Plaintiff seeks a temporary restraining order and a preliminary injunction preventing Defendants from mortgaging or transferring the property. The court need not rule on that motion, however, because it is clear that this case cannot be heard by a federal court. It is axiomatic that federal courts have limited jurisdiction and must dismiss actions where subject matter jurisdiction is lacking. See Nike, Inc. v. Already, LLC, 663 F.3d 89, 94 (2d. Cir. 2011). A federal court also must "inquire as to subject matter jurisdiction and satisfy itself that such jurisdiction exists." DeVito Verdi, Inc. v. Legal Sea Foods, Inc., No. 1:21-CV-1007-MKV, 2021 WL 1600088, at *1 (S.D.N.Y. Apr. 23, 2021) (quoting Da Silva v. Kinsho Int'l Corp., 229 F.3d 358, 36162 (2d Cir. 2000)). At bottom, this case is an appeal of a judgment of foreclosure issued by a state court, and the Rooker-Feldman doctrine bars federal district courts from hearing appeals from state-court judgments. Schweitzer v. Crofton, 935 F. Supp. 2d 527, 540 (E.D.N.Y. 2013), aff'd, 560 F. App'x 6 (2d Cir. 2014) (citing Hoblock v. Albany Cnty. Bd. of Elections, 422 F.3d 77, 84 (2d Cir.2005)). The United States Court of Appeals for the Second Circuit has found that the doctrine applies where four criteria are satisfied: (1) the federal-court plaintiff must have lost in state court, (2) the plaintiff must complain of injuries caused by the state-court judgment, (3) the plaintiff must invite the district court to review and reject that state-court judgment, and (4) the state-court judgment must have been rendered before the district court proceedings commenced. Green v. Mattingly, 585 F.3d 97, 101 (2d Cir. 2009). Here, it is clear that each of these elements is satisfied. Plaintiff lost in state court, since the state court issued the order of foreclosure. The injury of which Plaintiff complains, that is, the repossession of the property and (presumably) his imminent ejection therefrom, was caused by the state court's determination that the bank lawfully could repossess the property. Plaintiff explicitly invites the court to review and to reject that judgment, asking in his complaint that the judgment of strict foreclosure be set aside. And finally, the complaint states that the foreclosure occurred in 2016, well before this action was initiated in 2023. Therefore, it is clear that the Rooker-Feldman doctrine applies in this case, and that the federal district court does not have subject matter jurisdiction over Plaintiff's claims.For the foregoing reasons, the court respectfully asks the Clerk of Court to please remand this action to state court. It is so ordered. Signed by Judge Omar A. Williams on 5/17/23. (Wagner, Rebecca)
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| Filing 7 Disclosure Statement pursuant to Rule 7.1, Fed.R.Civ.P. by U.S. Bank Trust National Association as Trustee for the Tiki Series IV Trust. (Precobb, John) |
| Filing 4 NOTICE by U.S. Bank Trust National Association as Trustee of the Tiki Series IV Trust (Precobb, John) |
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Filing 12
Standing Order to Self-Represented Litigants Regarding Letters to the Court Signed by Judge Omar A. Williams on 05/16/2023. (Peterson, M)
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Filing 11
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 05/16/2023. (Peterson, M)
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Filing 10
STANDING PROTECTIVE ORDER Signed by Judge Omar A. Williams on 05/16/2023. (Peterson, M)
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Filing 8
Order on Pretrial Deadlines: Amended Pleadings due by 7/15/2023. Discovery due by 11/15/2023. Dispositive Motions due by 12/20/2023. Signed by Clerk on 05/16/2023. (Peterson, M)
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| Filing 6 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 5/16/23.(Hushin, Z.) |
| Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction (Responses due by 6/6/2023, ) by Eric Vollenweider. (Hushin, Z.) |
| Judge Omar A. Williams and Judge Maria E. Garcia added. (Oliver, T.) |
| Set Deadline: Rule 26 Meeting Report due by 6/29/2023. (Velez, F.) |
| Filing 3 Disclosure Statement by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. (Higgins, Sean) |
| Filing 2 NOTICE of Appearance by Sean R. Higgins on behalf of Wells Fargo Bank, N.A. (Higgins, Sean) |
| Filing 1 NOTICE OF REMOVAL by U.S. Bank Trust National Association as Trustee of the Tiki Series IV Trust from Connecticut Superior Court for the Judicial District of Fairfield at Bridgeport, case number FBT-CV23-5051439-S. Filing fee $ 402 receipt number ACTDC-7349163, filed by U.S. Bank Trust National Association as Trustee of the Tiki Series IV Trust. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Precobb, John) |
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