Tobing v. Wilmington Savings Fund Society FSB et al
| Richard Tobing |
| Stewart Title Co.,, Wilmington Savings Fund Society FSB doing business as Christina Trust C/O Rushmore Loan Management and Bank Of America |
| 1:2020cv05090 |
| October 22, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Steven M Gold |
| Eric N Vitaliano |
| Real Property: Other |
| 28 U.S.C. § 2201 Declaratory Judgement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.
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ORDER: Plaintiff has filed, under the guise of an order to show cause, a letter asking the Court to "order that the lis pendens previously filed still stands" and for sanctions against all Defendants for willful and malicious conduct. The letter prompted the filing of a series of responsive letters by Defendants. The motion and request #37 is denied. Granting the relief sought would, among other things, require a New York federal court to enjoin a New Jersey state court, by un-striking a document from the state-court registry and invalidating a decision of a state court judge that purportedly discharged the lis pendens. The Court is at pains to understand what federal legal cause of action, principle of federalism, or subject matter jurisdiction doctrine would permit such a result. None come to mind. In any event, Plaintiff's letter cites no authority, statute or case-law, that would permit the granting of the relief sought. Nor does the letter attempt to locate his present claim for relief in the case as a whole, which is based on a complaint that itself seeks declaratory judgment that Plaintiff has valid title to the subject property. In other words, Plaintiff's letters attempt to achieve--in a more summary and circumscribed fashion--some of the very same relief that he seeks in the lawsuit as a whole. To the extent he wishes to obtain such relief, on an expedited and summary basis before the litigation is completed, the proper means is through seeking a temporary restraining order or application for preliminary relief. The Court, however, is not inviting such an application, since it would face the very same problems Defendants have identified in their motions to dismiss--whether the Court has subject matter jurisdiction over a foreclosure avoidance proceeding involving a property located in New Jersey. As previously noted, the Court believes Defendants' motions have demonstrable merit. However, those issues will be decided in due course, and Plaintiff may not end-run that process through his letters and request for show cause relief. The motion is denied. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/14/2021. (Morrow, Emily)
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| Filing 41 REPLY in Support re #37 First MOTION for Order to Show Cause by letter regarding fraudulent and wrongful striking of lis Pendens without an order from the Court filed by Richard Tobing. (Attachments: #1 Exhibit Deed, #2 Exhibit Survey, #3 Exhibit Email from Abstract Co with Attachment) (Iandolo, Jeremy) |
| Filing 40 RESPONSE in Opposition re #37 First MOTION for Order to Show Cause by letter regarding fraudulent and wrongful striking of lis Pendens without an order from the Court filed by Bank Of America. (Blaine, Michael) |
| Filing 39 Letter from Kevin R. Reich, Esq. in response to Plaintiff's letter submitted yesterday [ECF No. 37] by Stewart Title Co., (Reich, Kevin) |
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ORDER REFERRING MOTION: #37 First MOTION for Order to Show Cause by letter regarding fraudulent and wrongful striking of lis Pendens without an order from the Court filed by Richard Tobing is respectfully referred to Magistrate Judge Sanket Bulsara for a report and recommendation as to his findings.Ordered by Judge Eric N. Vitaliano on 9/29/2021. (Federowicz, Stephen)
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| Filing 38 RESPONSE in Opposition re #37 First MOTION for Order to Show Cause by letter regarding fraudulent and wrongful striking of lis Pendens without an order from the Court by letter filed by Wilmington Savings Fund Society FSB. (Attachments: #1 Exhibit 5-14-21 Order, #2 Exhibit 12-18-20 Order, #3 Exhibit Ocean County Clerk Docket) (Romano, Michael) |
| Filing 37 First MOTION for Order to Show Cause by letter regarding fraudulent and wrongful striking of lis Pendens without an order from the Court by Richard Tobing. (Iandolo, Jeremy) |
| Filing 36 REPLY in Support re #34 MOTION to Dismiss for Failure to State a Claim filed by Stewart Title Co.,. (Attachments: #1 Certificate of Service) (Reich, Kevin) |
| Filing 35 MEMORANDUM in Opposition re #34 MOTION to Dismiss for Failure to State a Claim filed by Stewart Title Co.,. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) (Reich, Kevin) |
| Filing 34 MOTION to Dismiss for Failure to State a Claim by Stewart Title Co.,. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Proposed Order, #12 Certificate of Service) (Reich, Kevin) |
| Filing 33 REPLY in Support re #31 MOTION to Dismiss Plaintiff's Complaint filed by Wilmington Savings Fund Society FSB. (Attachments: #1 Declaration Supplemental, #2 Exhibit W, #3 Exhibit X, #4 Exhibit Y, #5 Exhibit Z, #6 Certificate of Service) (Romano, Michael) |
| Filing 32 MEMORANDUM in Opposition re #31 MOTION to Dismiss Plaintiff's Complaint filed by Wilmington Savings Fund Society FSB. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) (Romano, Michael) |
| Filing 31 MOTION to Dismiss Plaintiff's Complaint by Wilmington Savings Fund Society FSB. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit A-1, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U, #25 Exhibit V, #26 Proposed Order, #27 Certificate of Service) (Romano, Michael) |
| Filing 30 REPLY in Support re #28 MOTION to Dismiss Plaintiff's Complaint filed by Bank Of America. (Attachments: #1 Affidavit of Service) (Blaine, Michael) |
| Filing 29 MEMORANDUM in Opposition re #28 MOTION to Dismiss Plaintiff's Complaint filed by Bank Of America. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Blaine, Michael) |
| Filing 28 MOTION to Dismiss Plaintiff's Complaint by Bank Of America. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Affidavit of Service, #21 Proposed Order) (Blaine, Michael) (Main Document 28 replaced on 4/26/2021) (Lee, Tiffeny). |
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ORDER: The telephonic-initial conference scheduled for 4/9/2021 at 3:30 P.M. before Magistrate Judge Sanket J. Bulsara is hereby adjourned sine die. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/9/2021. (Manson, Eddie)
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ORDER: Defendants have moved for a stay of discovery #24 pending decision on their anticipated motion to dismiss. "Under Fed. R. Civ. P. 26(c), a district court may stay discovery during the pendency of a dispositive motion for 'good cause' shown." Hearn v. United States, No. 17-CV-3703, 2018 WL 1796549, at *2 (E.D.N.Y. Apr. 16, 2018). "[D]istrict courts have considered the following factors in determining whether a stay of discovery is appropriate pending the outcome of a dispositive motion: (1) whether the defendant has made a strong showing that the plaintiffs claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay." Long Island Hous. Servs., Inc. v. Nassau Cty. Indus. Dev. Agency, No. 14-CV-3307, 2015 WL 7756122, at *2 (E.D.N.Y. Dec. 1, 2015) (quotations omitted). The Court concludes that a stay is appropriate. The pending motion has demonstrable merit, and there is no indication that discovery is appropriate pending resolution of the motion. Even if the motion to dismiss is not fully dispositive of all the claims, its resolution will impact the scope of discovery, which could be significantly narrowed by the proposed motion. There is no identifiable risk of unfair prejudice to Plaintiff from allowing discovery to be stayed. The motion to stay is granted. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/9/2021. (Farrell, Gillian)
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| Filing 27 RESPONSE to Motion re #24 MOTION to Adjourn Conference scheduled for April 9, 2021 and/or MOTION to Stay re #13 Scheduling Order,,, Discovery filed by Richard Tobing. (Iandolo, Jeremy) |
| Filing 26 RESPONSE to Motion re #24 MOTION to Adjourn Conference scheduled for April 9, 2021 and/or MOTION to Stay re #13 Scheduling Order,,, Discovery filed by Stewart Title Co.,. (Reich, Kevin) |
| NOTICE Reminder: The parties are directed to complete the attached discovery plan worksheet #13 and electronically file same with the Court by the 12:00 Noon tomorrow. (Manson, Eddie) |
| Filing 25 Letter in support of motion to stay discovery by Bank Of America (Blaine, Michael) |
| Filing 24 MOTION to Adjourn Conference scheduled for April 9, 2021 and/or, MOTION to Stay re #13 Scheduling Order,,, Discovery by Wilmington Savings Fund Society FSB. (Attachments: #1 Exhibit) (Romano, Michael) |
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ORDER: The parties' joint proposed briefing schedule at #23 is adopted. Defendant shall serve its opening papers by 4/23/20121. Plaintiff shall serve his opposition papers by 5/21/2021. Defendant shall serve its reply papers by 6/11/2021. The fully-briefed motion shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule") by 6/11/2021. Ordered by Judge Eric N. Vitaliano on 4/1/2021. (Gary, Jordan)
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| Filing 23 Letter re: proposed briefing schedule for Stewart Title Guaranty Company and Wilmington Savings Fund Society, FSB d/b/a Christiana Trust not individually but as Trustee for Pretium Mortgage Acquisition Trust, i/p/a Wilmington Savings Fund Society, FSB d/b/a Christiana Trust c/o Rushmore Loan Management's potential motions to dismiss by Wilmington Savings Fund Society FSB (Romano, Michael) |
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ORDER denying #18 Motion for Pre Motion Conference; denying #20 Motion for Pre Motion Conference. Upon review of the parties' submissions at #18 , #20 , and #22 , the Court concludes that a pre-motion conference is unnecessary. Defendants may proceed with their motions to dismiss. The parties are directed to file a joint proposed briefing schedule no later than April 2, 2021. Ordered by Judge Eric N. Vitaliano on 3/19/2021. (Gary, Jordan)
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| Filing 22 REPLY to Response to Motion re #20 MOTION for pre motion conference filed by Richard Tobing. (Iandolo, Jeremy) |
| Filing 21 Corporate Disclosure Statement by Wilmington Savings Fund Society FSB identifying Corporate Parent WSFS Financial Corporation for Wilmington Savings Fund Society FSB. (Romano, Michael) |
| Filing 20 MOTION for pre motion conference by Wilmington Savings Fund Society FSB. (Romano, Michael) |
| Filing 19 NOTICE of Appearance by Michael Fj Romano on behalf of Wilmington Savings Fund Society FSB (aty to be noticed) (Romano, Michael) |
| Filing 18 Letter MOTION for pre motion conference re #1 Complaint, by Stewart Title Co.,. (Reich, Kevin) |
| Filing 17 Corporate Disclosure Statement by Stewart Title Co., identifying Corporate Parent Stewart Information Services Corp. for Stewart Title Co.,. (Reich, Kevin) |
| Filing 16 NOTICE of Appearance by Kevin Reed Reich on behalf of Stewart Title Co., (aty to be noticed) (Reich, Kevin) |
| Filing 15 SUMMONS Returned Executed by Richard Tobing. All Defendants. (Iandolo, Jeremy) |
| Filing 14 NOTICE of Lis Pendens by Richard Tobing (Attachments: #1 Appendix Property Discription) (Iandolo, Jeremy) |
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Filing 13
SCHEDULING ORDER: An telephonic-initial conference will be held at 3:30 PM on 4/09/2021 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 3:30 PM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 4/09/2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/1/2021. (Manson, Eddie)
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ORDER: The parties' proposed briefing schedule at #12 is adopted. Defendant shall serve its motion to dismiss by March 1, 2021. Plaintiff's opposition shall be served by April 1, 2021. Defendant's reply shall be served by April 22, 2021. The fully-briefed motion shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule") by April 22, 2021. Ordered by Judge Eric N. Vitaliano on 1/27/2021. (Gary, Jordan)
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| Filing 12 Letter re: Defendant, Bank Of America's Briefing Schedule for potential motion to Dismiss by Richard Tobing (Iandolo, Jeremy) |
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ORDER denying denying #9 Motion for Pre Motion Conference. Upon review of the parties' submissions at #9 and #11 , the Court concludes that a pre-motion conference is unnecessary. Defendant may proceed with its motion to dismiss. The parties are directed to file a joint proposed briefing schedule no later than January 27, 2021. Ordered by Judge Eric N. Vitaliano on 1/13/2021. (Gary, Jordan)
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| Case Reassigned to Magistrate Judge Sanket J. Bulsara. Magistrate Judge Steven M. Gold no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Sanket J. Bulsara. (Mahoney, Brenna) |
| Filing 11 REPLY in Opposition re #9 MOTION to Appear by Telephone for conference MOTION for pre motion conference filed by Richard Tobing. (Iandolo, Jeremy) |
| Filing 10 Corporate Disclosure Statement by Bank Of America identifying Corporate Parent Bank of America Corporation, Corporate Parent Bershire Hathaway, Inc., Corporate Parent BAC North America Holding Company, Corporate Parent BANA Holding Corp., Corporate Parent NB Holdings Corp. for Bank Of America. (Blaine, Michael) |
| Filing 9 MOTION to Appear by Telephone for conference, MOTION for pre motion conference by Bank Of America. (Blaine, Michael) |
| Filing 8 NOTICE of Appearance by Michael E. Blaine on behalf of Bank Of America (aty to be noticed) (Blaine, Michael) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 6 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. (Bowens, Priscilla) |
| Filing 5 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 4 Proposed Summons.Civil Cover Sheet.. by Richard Tobing (Attachments: #1 Proposed Summons Summons) (Iandolo, Jeremy) |
| Filing 3 Proposed Summons.Civil Cover Sheet.. by Richard Tobing (Attachments: #1 Proposed Summons Summons) (Iandolo, Jeremy) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. by Richard Tobing (Attachments: #1 Proposed Summons Summons) (Iandolo, Jeremy) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet (MISSING SECOND PAGE FORM). Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-13568716 Was the Disclosure Statement on Civil Cover Sheet completed -N,, filed by Richard Tobing. (Attachments: #1 Exhibit Land Survey - Showing Deed Overlap and newly acquired land, #2 Settlement with the landowners) (Iandolo, Jeremy) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
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