Chase Home Finance LLC et al v. Acocella

Plaintiff: Chase Home Finance LLC, JP Morgan Chase Bank NA, NRZ Pass and US Bank Trust NA
Defendant: Carol A. Acocella
Case Number: 3:2024cv00349
Filed: March 13, 2024
Court: US District Court for the District of Connecticut
Presiding Judge: Thomas O Farrish
Referring Judge: Jeffrey A Meyer
Nature of Suit: Rent Lease & Ejectment
Cause of Action: 28 U.S.C. § 1346 Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2024 Filing 18 Case remanded to State Court Judicial District of Danbury. (Lewis, D)
March 21, 2024 Filing 17 ORDER terminating as moot #12 Motion for Extension of Time; terminating as moot #15 Motion to Remand to State Court. Signed by Judge Jeffrey A. Meyer on 3/21/2024. (Lewis, D)
March 21, 2024 Filing 16 ORDER OF REMAND. On March 15, 2024, the Court entered an order to show cause why this foreclosure action should not be remanded to state court for lack of federal jurisdiction. Doc. # 10 . Plaintiff has filed a response that reiterates her claim that she has been mistreated by the state court and seeking a 90-day extension of time to retain counsel. Doc. #12 . Plaintiff's response does not explain why the Court has federal jurisdiction. Accordingly, because it is clear that the Court does not have federal jurisdiction over this removal action and because the Court is concerned that the defendant is using federal removal procedures as a means of delaying the litigation of state court proceedings, the Court REMANDS this action forthwith to the Connecticut Superior Court, Judicial District of Danbury. The Clerk of Court shall immediately remand this case to state court without waiting the ten days per Local Rule 83.7. The Court DENIES defendant's motion for extension of time (Doc. #12 ) for failure to show good cause, and the Court DENIES as moot defendant's motion for leave to proceed in forma pauperis (Doc. #2 ). It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/21/2024. (Lewis, D)
March 21, 2024 Filing 15 MOTION to Remand to State Court by US Bank Trust NA.Responses due by 4/11/2024 (Attachments: #1 Memorandum in Support Memo of Law and Exhibits)(Staskiewicz, Benjamin)
March 21, 2024 Filing 14 NOTICE of Appearance by Benjamin T. Staskiewicz on behalf of US Bank Trust NA (Staskiewicz, Benjamin)
March 21, 2024 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 (Lewis, D)
March 19, 2024 Filing 13 Appearance Self Represented Party by Carol A. Acocella (Chartier, A.)
March 19, 2024 Filing 12 MOTION for Extension of Time and Affidavit of Facts by Carol A. Acocella. (Chartier, A.)
March 15, 2024 Filing 11 ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION. Defendant Acocella has removed this state court foreclosure action to this Court and has filed a motion for a preliminary injunction against the state court foreclosure proceedings. The Court DENIES the motion without prejudice on the ground that it does not appear that the defendant has validly removed the state court foreclosure action to this Court. The Court's reasons are set forth in its separate Order to Show Cause Why Action Should Not Be Remanded that has been filed today. It is so ordered. Signed by Judge Jeffrey A. Meyer on 03/15/2024. (Parker, B.)
March 15, 2024 Filing 10 ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE REMANDED. Defendant Acocella is a pro se party who has removed this foreclosure action from Connecticut Superior Court without specifying the basis for federal court jurisdiction. Doc. #1 at 2. For removal cases, the Supreme Court has "long held that the presence or absence of federal-question jurisdiction is governed by the well-pleaded complaint rule, which provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint." Rivet v. Regions Bank of La., 522 U.S. 470, 475 (1998). Under the well-pleaded complaint rule, the focus is on what claims the plaintiff alleges in the complaint, and the fact that a defendant may raise federal law defenses or counterclaims does not allow the defendant to remove the case to a federal court. See, e.g., Caterpillar Inc. v. Williams, 482 U.S. 386, 392-93 (1987). Here, no federal question appears on the face of the state court foreclosure complaint. Nor are there grounds for the Court to exercise diversity jurisdiction because defendant identifies herself as a citizen of Connecticut and because the federal diversity statute precludes a citizen of Connecticut from removing a state court action to a federal court on the basis of diversity jurisdiction. See 28 U.S.C. 1441(b)(2). Under similar circumstance, this Court has remanded a state court action where federal jurisdiction was lacking. See Annemid RI LLC v. Griffin, 2022 WL 3009773, at *2 (D. Conn. 2022). Accordingly, the Court intends to remand this action unless the defendant can promptly show that there is a proper basis for removal of this action to federal court. The defendant may file a response to this order to show cause by March 21, 2024. It is so ordered. Signed by Judge Jeffrey A. Meyer on 03/15/2024. (Parker, B.)
March 15, 2024 Filing 9 MOTION for Preliminary Injunction by Carol A. Acocella. (Pesta, J.)
March 13, 2024 Filing 8 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Pesta, J.)
March 13, 2024 Filing 7 Standing Protective Order Signed by Judge Jeffrey A. Meyer on 3/13/24.(Pesta, J.)
March 13, 2024 Filing 6 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 3/13/24.(Pesta, J.)
March 13, 2024 Filing 5 Order on Pretrial Deadlines: Amended Pleadings due by 5/12/2024 Discovery due by 9/12/2024 Dispositive Motions due by 10/17/2024 Signed by Clerk on 3/13/24.(Pesta, J.)
March 13, 2024 Filing 4 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 3/13/24.(Pesta, J.)
March 13, 2024 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 3/13/24.(Pesta, J.)
March 13, 2024 Filing 2 MOTION for Leave to Proceed in forma pauperis by Carol A. Acocella. (Pesta, J.)
March 13, 2024 Filing 1 NOTICE OF REMOVAL by Carol A. Acocella from State of Connecticut, Judicial District of Danbury, case number DBD-CV-10-6004316-S., filed by Carol A. Acocella.(Pesta, J.)
March 13, 2024 Judge Jeffrey A. Meyer and Judge Thomas O. Farrish added. (Oliver, T.)

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Plaintiff: Chase Home Finance LLC
Represented By: Kevin M. Galin
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Plaintiff: JP Morgan Chase Bank NA
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Plaintiff: NRZ Pass
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Plaintiff: US Bank Trust NA
Represented By: Benjamin T. Staskiewicz
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Defendant: Carol A. Acocella
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