Ferreira et al v. Wang et al
| L. Enrique Lugo and Johnny Ferreira |
| David Wang, David Kai Quiao Wang, Jane Doe, Sakine Oezcan, RAS Boriskin LLC, Maria Tibas, John Doe, Kaiqiao Wang, Owen Loan Serving LCC, Kaisheng Realty Three LLC and Deutsche Bank National Trust Company |
| 1:2019cv07262 |
| December 27, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| LaShann DeArcy Hall |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Document Text |
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| Filing 19 AFFIDAVIT/AFFIRMATION re #18 Letter MOTION for pre motion conference by Deutsche Bank National Trust Company and Owen Loan Serving LCC.. (Rivera-Maissonet, Fernando) |
| Filing 18 Letter MOTION for pre motion conference by Deutsche Bank National Trust Company. (Attachments: #1 Exhibit Ex. A - Judgment of Foreclosure and Sale, #2 Exhibit Ex. B - Deed, #3 Exhibit Ex. C - Order dated 2/25/2019, #4 Exhibit Ex. D - Order dated 5/8/2013 and filed 5/13/2013) (Rivera-Maissonet, Fernando) |
| Filing 17 First MOTION for pre motion conference by Maria Tibas. (Attachments: #1 Exhibit A) (Anesh, Mark) |
| Filing 16 Letter Request for a pre-motion conference by Kaisheng Realty Three LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 C, #4 D) (Brown, Marc) |
| Filing 15 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Deutsche Bank National Trust Company, Owen Loan Serving LCC. (Attachments: #1 Affidavit of Service) (Rivera-Maissonet, Fernando) |
| Filing 14 Corporate Disclosure Statement by Deutsche Bank National Trust Company, Owen Loan Serving LCC (Attachments: #1 Affidavit of Service) (Rivera-Maissonet, Fernando) |
| Filing 13 NOTICE of Appearance by Fernando Carlos Rivera-Maissonet on behalf of Deutsche Bank National Trust Company, Owen Loan Serving LCC (aty to be noticed) (Attachments: #1 Affidavit of Service) (Rivera-Maissonet, Fernando) |
| Filing 12 MOTION for pre motion conference by Sakine Oezcan, RAS Boriskin LLC. (Battista, Joseph) |
ORDER: Defendants Kaisheng Realty Three LLC's, Kaisheng Wang's, and Maria Tibas' motions for an extension of time #8 , #11 to respond to Plaintiff's complaint #1 are GRANTED. Defendants are directed to respond to Plaintiff's complaint on or before February 24, 2020. Ordered by Judge LaShann DeArcy Hall on 1/23/2020. (Purdy, Kandice)
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| Filing 11 MOTION for Extension of Time to File Answer by Maria Tibas. (Anesh, Mark) |
| Filing 10 NOTICE of Appearance by Mark K. Anesh on behalf of Maria Tibas (aty to be noticed) (Anesh, Mark) |
| Filing 8 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Kaisheng Realty Three LLC, Kaiqiao Wang. (Ramesar, Thameera) |
| Filing 7 REPLY regarding Plaintiffs' January 13, 2020 Letter Motion for a Stay Order Emergency Request filed by Kaiqiao Wang. (Ramesar, Thameera) |
| Filing 9 Letter dated 1/13/2020 from Johnyy Ferreira and L. Enrique Lugo to Judge DeArcy Hall seeking reconsideration and 'Emergency Stay of State Court Holdover Proceeding'. (Ramesar, Thameera) |
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ORDER: On December 27, 2019, Plaintiff filed a Request for a Preliminary Injunction #6 against Kaiqiao Wang, Kaisheng Realty Three LLC ("Kaisheng"), Maria Tibas, David Wang, Deutsche Bank National Trust, and Ocwen Loan Servicing LLC. Plaintiff alleges, in relevant part, that Defendants Deutsche Bank National Trust Company and Ocwen Loan Servicing LLC made an illegal sale of his home located at 27-24 Curtis St. East Elmhurst, NY 11369 (the "Property") by a fraudulent special warranty deed. Plaintiff further alleges that Defendant Kaisheng filed a false and frivolous action "to cover fraudulent acts and evict Plaintiff." Against the backdrop of these allegations, Plaintiff requests that the Court direct the Civil Court of the City of New York Queens County to stay the holdover proceedings in LT-065423-19/QU and LT-0065424-19/QU. Plaintiff's request is precluded by both the Anti-Injunction Act (the "Act") and the Younger abstention doctrine. Under the Act, a federal court may not enjoin a state court proceeding unless an enjoinment is "expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments." 28 U.S.C 2283; MLE Realty Assocs. v. Handler, 192 F.3d 259, 261 (2d Cir. 1999) (providing that the Act is "an absolute prohibition against enjoining state court proceedings, unless the injunction falls within one of three specifically defined exceptions"). None of the applicable exceptions are present here. The Court is likewise constrained by the Younger abstention doctrine. Under the Younger abstention doctrine, although "a federal or a state court could adjudicate a given claim, when there is an ongoing state proceeding in which the claim can be raised, and when adjudicating the claim in federal court would interfere unduly with the ongoing state proceeding, the claim is more appropriately adjudicated in state court." Kirschner v. Klemons, 225 F.3d 227, 236 (2d Cir. 2000); see also Wenegieme v. US Bank National Assoc., 2016 WL 3348539, at *2 (E.D.N.Y. June 9, 2016) (finding Younger abstention doctrine applicable where plaintiff sought "injunctive relief relating to the same property that is the subject of [an] underlying state court action"). Here, Plaintiff's request that the Court stay the state court holdover proceedings against him and allow him to file a lien against the Property would necessarily implicate state interests and unduly interfere with the ongoing proceedings in Queens County Supreme Court. Accordingly, Plaintiff's request for a preliminary injunction is DENIED. Ordered by Judge LaShann DeArcy Hall on 1/13/2020. (Williams, Erica)
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| Filing 5 SUMMONS Returned Executed by L. Enrique Lugo. Deutsche Bank National Trust Company served on 1/3/2020, answer due 1/24/2020; Kaisheng Realty Three LLC served on 1/3/2020, answer due 1/24/2020; Owen Loan Serving LCC served on 1/3/2020, answer due 1/24/2020; Sakine Oezcan, RAS Boriskin LLC served on 1/3/2020, answer due 1/24/2020; Maria Tibas served on 1/3/2020, answer due 1/24/2020; David Wang served on 1/3/2020, answer due 1/24/2020; Kaiqiao Wang served on 1/3/2020, answer due 1/24/2020. (Ramesar, Thameera) |
| Email Notification Test - DO NOT REPLY. (Latka-Mucha, Wieslawa) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 4 Pro Se Consent to Electronic Notification; filed by Johnny Ferreira, dated 12/27/2019. (Plaintiff's E-mail Address: "communityhelp7118@gmail.com") (Latka-Mucha, Wieslawa) |
| Filing 2 Summons Issued as to All Defendants. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Deutsche Bank National Trust Company, Jane Doe, John Doe, Kaisheng Realty Three LLC, Owen Loan Serving LCC, Sakine Oezcan, RAS Boriskin LLC, Maria Tibas, David Wang, Kaiqiao Wang, filed by L. Enrique Lugo, Johnny Ferreira. (Attachments: #1 Civil Cover Sheet #2 Request for Injunction) (Davis, Kimberly). |
| FILING FEE: $ 400, receipt number 4653146687 (Davis, Kimberly) |
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