Sanchez Sanchez et al v. OMEGA Financial Services Inc
| Angel Yonael Sanchez Sanchez and Esmerlin Deleon Colon |
| OMEGA Financial Services Inc |
| 3:2024cv00258 |
| February 27, 2024 |
| US District Court for the District of Connecticut |
| Vernon D Oliver |
| Robert A Richardson |
| Real Property: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 15 Revocation of Power of Attorney by Angel Yonael Sanchez Sanchez. (Shafer, J.) |
| Filing 14 AFFIDAVIT of Loan Denial filed by Angel Yonael Sanchez Sanchez. (Shafer, J.) |
| Filing 13 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *OMEGA Financial Services Inc* with answer to complaint due within *21* days. *Angel Yonael Sanchez Sanchez* *65 Pumpkin Ground Rd* *Stratford, CT 06614*. (Gaskins, A) |
| Request for Clerk to issue summons as to all defendants. (Gaskins, A) |
| Filing 12 AMENDED COMPLAINT against OMEGA Financial Services Inc, filed by Angel Yonael Sanchez Sanchez, Esmerlin Deleon Colon.(Gaskins, A) |
| Set Deadlines: Amended Pleadings due by 3/29/2024 (Samson, J) |
Filing 11
ORDER: Plaintiff Sanchez-Sanchez has filed a response to the Court's Order to Show Cause #10 . Although the Court finds that the response does not adequately show why the Court has subject matter jurisdiction over this matter, in the interest of efficiency, and in light of the early stage of this litigation and the fact that Defendant has not yet appeared, the Court will allow Plaintiffs leave to file an Amended Complaint.Plaintiffs shall file an Amended Complaint, which must establish subject matter jurisdiction and personal jurisdiction over the named defendant, on or before March 29, 2024. Plaintiffs are advised that the Amended Complaint will completely supersede, that is, replace, the original Complaint. The original Complaint will be of no effect once the Amended Complaint is filed and may not be incorporated by reference into the Amended Complaint. The Amended Complaint must comply fully with the Federal and Local Rules. The Rules are available on the Court's website at https://ctd.uscourts.gov/court-info/local-rules-and-orders. In particular, Plaintiffs' attention is directed to Rules 8, 9, 10, and 11, of the Federal Rules of Civil Procedure, and Rule 10 of the Local Rules of Civil Procedure. Failure to file an Amended Complaint by the deadline will result in dismissal of the case. It is so ordered.Signed by Judge Vernon D. Oliver on 3/8/2024.(Lapsia, T)
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| Filing 10 RESPONSE TO 4 Order to Show Cause by Angel Yonael Sanchez Sanchez filed by Angel Yonael Sanchez Sanchez. (Gaskins, A) |
| Filing 9 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 #1 Complaint filed by Esmerlin Deleon Colon, Angel Yonael Sanchez Sanchez, #6 Electronic Filing Order, #7 Standing Protective Order, #5 Order on Pretrial Deadlines, 3 Notice re: Disclosure Statement, 4 Order to Show Cause,,,,,,, #2 Consent to Electronic Notice filed by Angel Yonael Sanchez Sanchez, #8 Notice of Option to Consent to Magistrate Judge Jurisdiction Signed by Clerk on 3/1/2024.(Samson, J) |
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Filing 4
ORDER TO SHOW CAUSE re Complaint #1 : "[A] court must satisfy itself that it has subject matter jurisdiction and may at any time in the course of litigation consider whether such jurisdiction exists." Mitskovski v. Buffalo & Fort Erie Pub. Bridge Auth., 435 F.3d 127, 133 (2d Cir. 2006). If necessary, where jurisdiction is questionable, a court may examine its subject matter jurisdiction sua sponte. Joseph v. Leavitt, 465 F.3d 87, 89 (2d Cir. 2006). Here, the Complaint does not properly allege this Court's federal question jurisdiction.Plaintiffs allege that there is federal question jurisdiction "due to the federal nature of the claims presented." (ECF No. #1 at 2.) But Plaintiffs only allege that "Respondents engaged in deceptive practices and violations of federal laws" and do not bring any cause of action for a violation of a specific federal law or statute. Instead, Plaintiffs simply state, "The Claimants assert breaches of various consumer protection statutes." (ECF No. #1 at 3.) Therefore, as alleged, the consumer protection claim does not establish federal question jurisdiction because the claim is "wholly insubstantial and frivolous." Arbaugh v. Y&H Corp., 546 U.S. 500, 513 n.10 (2006). The claim also does not name with specificity any alleged violation of a federal law or statute.Accordingly, Plaintiffs shall file a letter of no more than three (3) pages on or by March 13, 2024 showing cause why this Court should not dismiss this case for lack of subject matter jurisdiction. All other case deadlines are STAYED pending the Court's review of the filing contemplated herein. Plaintiffs are on notice that failure to comply with this deadline will result in dismissal without prejudice to refiling in state court. It is so ordered.Signed by Judge Vernon D. Oliver on 2/28/2024.(Lapsia, T)
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| Filing 8 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Samson, J) |
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Filing 7
Standing Protective Order Signed by Judge Vernon D. Oliver on 2/27/2024.(Samson, J)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vernon D. Oliver on 2/27/2024.(Samson, J)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 4/27/2024; Discovery due by 8/28/2024; Dispositive Motions due by 10/2/2024. Signed by Clerk on 2/27/2024.(Samson, J)
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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 2/27/2024. (Fanelle, N.) |
| Filing 2 Consent to Electronic Notice by Angel Yonael Sanchez Sanchez. (Fanelle, N.) |
| Filing 1 COMPLAINT against OMEGA Financial Services Inc, filed by Angel Yonael Sanchez Sanchez, Esmerlin Deleon Colon. (Attachments: #1 Civil Cover Sheet)(Fanelle, N.) |
| Filing fee received from Angel Yonael Sanchez Sanchez: $ 405.00, receipt number BPT-14175. (Fanelle, N.) |
| Judge Vernon D. Oliver and Judge Robert A. Richardson added. (Oliver, T.) |
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