Bank of New York Mellon v. Moore
| Bank of New York Mellon and Bank of New York |
| Johnny Ray Moore |
| 3:2023cv01576 |
| December 1, 2023 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Robert M Spector |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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Filing 12
ORDER: Plaintiff Bank of New York Mellon shall file a response to the motion to reopen (ECF No. #11 ) by January 16, 2024. Signed by Judge Michael P Shea on 1/8/24.(Constantine, A.)
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| Set Deadlines as to #11 MOTION to Reopen Case. Responses due by 1/16/2024 (Johnson, D.) |
| Filing 11 MOTION to Reopen Case by Johnny Ray Moore. Responses due by 1/4/2024 (Attachments: #1 Exhibits) (Peterson, M) |
| Filing 10 Appearance Self Represented Party by Johnny Ray Moore (Peterson, M) |
| 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 (Johnson, D.) |
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Filing 9
ORDER granting #4 Motion to Remand to State Court. On December 1, 2023, mere hours before trial was scheduled to begin in state court, the self-represented Defendant, Johnny Ray Moore, filed a notice of removal to this Court of a foreclosure action in state court captioned Bank of New York v. Johnny Ray Moore, FBT-CV-18-6074995-5. Defendant previously filed a notice of removal in the underlying case on two occasions, 3:18-cv-950(AWT) and 3:18-cv-01504 (AWT), and in both instances, the case was remanded to Superior Court for lack of subject matter jurisdiction. See 3:18cv1504(AWT), ECF No. 19 (explaining that no federal question or diversity jurisdiction existed). Here, the plaintiff argues that removal is improper because the complaint is only based on state law claims relating to mortgage foreclosure and is devoid of any federal question. ECF No. 4 at 3. I agree and remand this matter to the Superior Court. I further find that an award of attorneys' fees and costs is appropriate. Plaintiff may file a motion for attorney's fees within 21 days of this order. Defendant argues that removal "is based on Colorable claim that there is a complete disregard for the Defendant's Rights, based on US Constitution Article lll, First, Fifth, Seventh and 14th Amendment, Class Action Fairness Act of 2005, Federal Courts Jurisdiction and Venue Clarification Act of 2011 and on 42 U.S.C. S 1983." ECF No. 1 at 1. In support, he argues that an entity called SLS should gave been named as a party and that the action was "commenced in bad faith," that the superior court lacked jurisdiction, and that his automatic bankruptcy stay was violated. But none of asserted grounds constitute a federal question, which must be presented on the face of the plaintiff's properly pleaded complaint. Spencer v. Duncaster, Inc., 54 F. Supp. 3d 171, 176 (D. Conn. 2014) (removal in federal-question cases is determined only by asking if a federal question appears on the face of plaintiff's "well-pleaded complaint.")The Clerk of the Court is directed to remand this matter to the Connecticut Superior Court, judicial district of Bridgeport and close this case. Signed by Judge Michael P. Shea on 12/4/23. (Constantine, A.)
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| 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 #6 Electronic Filing Order, #5 Order on Pretrial Deadlines, #3 Notice of Appearance filed by Bank of New York Mellon, #1 Notice of Removal filed by Johnny Ray Moore, 2 Notice re: Disclosure Statement, #4 MOTION to Remand to State Court filed by Bank of New York Mellon, #7 Protective Order Signed by Clerk on 12/01/2023. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
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Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Michael P Shea on 12/01/2023. (Peterson, M)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P Shea on 12/01/2023. (Peterson, M)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 1/30/2024. Discovery due by 6/1/2024. Dispositive Motions due by 7/6/2024. Signed by Clerk on 12/01/2023. (Peterson, M)
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| Filing 4 MOTION to Remand to State Court by Bank of New York Mellon.Responses due by 12/22/2023 (Forcella, Victoria) |
| Filing 3 NOTICE of Appearance by Victoria Lynn Forcella on behalf of Bank of New York Mellon (Forcella, Victoria) |
| Filing 2 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 12/1/2023. (Oliver, T.) |
| Filing 1 NOTICE OF REMOVAL in REM by Johnny Ray Moore from Superior Court, Bridgeport, case number FBT-CV-18-6074995-S., filed by Johnny Ray Moore. (Oliver, T.) |
| Filing fee received from Johnny Ray Moore: $ 405.00, receipt number BPT14047 (Oliver, T.) |
| Judge Michael P Shea and Judge Robert M. Spector added. (Oliver, T.) |
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