Pascarella v. Ten-Ex, Inc. et al
| Averardo P. Pascarella |
| Ten-Ex, Inc., Ten-Ex Commercial Real Estate, Samatha Corbat, Steven Jacobs, Vibhav Kapila, Matthew Vandermyde, Michael Vasoghi, Readycap Commercial LLC, Readycap Holdings LLC, Sutherland Partners LP, Sutherland Asset Management Corp, Waterfall Asset Management, LLC, Readycap Lending LLC, Readycap Mortgage Trust 2016-3, Readycapital Mortgage Depositor, LLC, Julian Murillo, SVN Stora Realty, Steven Stoehrer, Josh Mehlberger, SVN Commerical, Elevate Asset Management, SVN Elevate, Alice Harvey, SVN Interstate Brokers, John Johnson, Reid Bennett, Cody Doran, Keybank, Derek A. Stephens, Grant Winemiller and Timothy P. Moylan |
| 3:2023cv00849 |
| June 26, 2023 |
| US District Court for the District of Connecticut |
| Robert A Richardson |
| Michael P Shea |
| Real Property: Other |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
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Filing 13
ORDER. Given Plaintiff's voluntary dismissal of this case, the Court VACATES ECF No. 12. Signed by Judge Michael P. Shea on 7/18/2023. (Bassali, David)
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Filing 12
ORDER. On June 28, 2023, this Court ordered Plaintiff, by July 14, to show cause why the Court should not deny Plaintiff's motion for injunction because such action is barred by the Younger abstention doctrine. ECF No. 9. Plaintiff did not file anything by July 14. The Court thus DENIES Plaintiff's Motion for Injunction. ECF No. #2 . The Court also ordered Plaintiff to either file an amended complaint that fixes identified deficiencies in the current complaint or show cause why the Court should not dismiss this case for failure to state a claim. ECF No. 10. Again, Plaintiff did not file anything by July 14. "The district court has the power to dismiss a complaint sua sponte for failure to state a claim...." Leonhard v. United States, 633 F.2d 599, 609 n.11 (2d Cir. 1980). As such the Court DISMISSES this case without prejudice to filing an amended complaint within 30 days that addresses the deficiencies identified in ECF No. 10. Signed by Judge Michael P. Shea on 7/17/2023. (Bassali, David)
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| Filing 11 NOTICE of Voluntary Dismissal of all defendants by Averardo P. Pascarella (Peterson, M) |
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Filing 10
ORDER: The Plaintiff's amended complaint (ECF No. #8 ) fails to set forth enough facts to state a plausible claim for relief. "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009) (internal quotation marks and citation omitted)). Here, the plaintiff is suing more than 30 defendants, all apparently somehow involved in the underlying foreclosure proceeding, under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692, and specifically 1692d, which proscribes harassment. But the plaintiff does not provide any information whatsoever as to each defendant's alleged conduct or any specific actions taken by particular defendants. See Solomon v. Ocwen Loan Servicing, LLC, No. 12-CV-2856 (SJF) (GRB), 2013 WL 1715878, at *6 (E.D.N.Y. Apr. 12, 2013) (pro se pleading failed to state "a plausible claim to relief" where plaintiff's allegations that defendants violated the FDCPA were "vague and conclusory, as plaintiff fail[ed] to allege specific conduct that is proscribed by" the FDCPA).By July 14, 2023, the Plaintiff shall either (1) file an amended complaint that corrects the noted deficiencies or (2) show cause, by filing a notice to the docket, why the Court should not dismiss this case for failure to state a claim. See Nwoye v. Obama, No. 22-1253, 2023 WL 382950, at *1 (2d Cir. Jan. 25, 2023) (district court should generally provide notice and an opportunity to be heard before sua sponte dismissing a complaint). Signed by Judge Michael P. Shea on 6/28/23. (Constantine, A.)
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Filing 9
ORDER TO SHOW CAUSE: By July 14, 2023, the Plaintiff shall SHOW CAUSE why the Court should not deny his motion (ECF No. #2 ) for an injunction because the relief requested - orders concerning the foreclosure proceedings ongoing in state court, see Readycap Commercial, LLC v. WH Parcel I, LLC et al, FST-CV19-6044279S - is barred by the Younger abstention doctrine. Initially set out in Younger v. Harris, 401 U.S. 37 (1971), the Younger abstention doctrine provides that "federal courts should generally refrain from enjoining or otherwise interfering in ongoing state proceedings." Spargo v. N.Y. State Comm'n on Judicial Conduct, 351 F.3d 65, 74 (2d Cir. 2003). "[A] state foreclosure action is one of the types of actions in which federal courts abstain from interfering, pursuant to Younger." El Bey v. Bellis, No. 19cv336, 2019 WL 2502929, at *4 (D. Conn. June 17, 2019) (quotation marks and alteration omitted)) (collecting cases). The Court cannot interfere in an ongoing foreclosure proceeding in state court. Signed by Judge Michael P. Shea on 6/28/23. (Constantine, A.)
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| Filing 8 AMENDED COMPLAINT against Reid Bennett, Samatha Corbat, Cody Doran, Elevate Asset Management, Alice Harvey, Steven Jacobs, John Johnson, Vibhav Kapila, Keybank, Josh Mehlberger, Timothy P. Moylan, Julian Murillo, Readycap Commercial LLC, Readycap Holdings LLC, Readycap Lending LLC, Readycap Mortgage Trust 2016-3, Readycapital Mortgage Depositor, LLC, SVN Commerical, SVN Elevate, SVN Interstate Brokers, SVN Stora Realty, Derek A. Stephens, Steven Stoehrer, Sutherland Asset Management Corp, Sutherland Partners LP, Ten-Ex Commercial Real Estate, Ten-Ex, Inc., Matthew Vandermyde, Michael Vasoghi, Waterfall Asset Management, LLC, Grant Winemiller, filed by Averardo P. Pascarella.(Freberg, B) |
| Filing 7 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 Order on Pretrial Deadlines, #5 Electronic Filing Order, 3 Notice re: Disclosure Statement, #2 MOTION for Preliminary Injunction filed by Averardo P. Pascarella, #6 Protective Order, #1 Complaint, filed by Averardo P. Pascarella Signed by Clerk on 6/28/2023.(Freberg, B) |
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Filing 6
STANDING PROTECTIVE ORDER. Signed by Judge Michael P. Shea on 6/26/2023.(Freberg, B)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Michael P. Shea on 6/26/2023.(Freberg, B)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 8/25/2023; Discovery due by 12/26/2023; Dispositive Motions due by 1/30/2024. Signed by Clerk on 6/26/2023.(Freberg, B)
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| Filing 3 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 6/26/2023.(Freberg, B) |
| Filing 2 MOTION for Injunction, by Averardo P. Pascarella. Responses due by 7/17/2023. (Freberg, B) |
| Filing 1 COMPLAINT against Samatha Corbat, Steven Jacobs, Vibhav Kapila, Ten-Ex Commercial Real Estate, Ten-Ex, Inc., Matthew Vandermyde, Michael Vasoghi, filed by Averardo P. Pascarella. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Freberg, B) |
| Judge Michael P. Shea and Judge Robert A. Richardson added. (Freberg, B) |
| Filing fee received from Averardo Pascarella: $ 402.00, receipt number 27076. (Freberg, B) |
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