Borukhov v. Vartolo, Esq. et al
| Alex Amner Borukhov |
| Ralph L. Vartolo, Esq., Wilmington Trust National Association and Friedman Vartolo LLP |
| 2:2019cv03395 |
| June 7, 2019 |
| US District Court for the Eastern District of New York |
| Steven I Locke |
| Joanna Seybert |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Electronic ORDER granting DE #9 Motion for Extension of Time to Answer. Without opposition, the deadline for Defendants Friedman Vartolo LLP and Ralph L. Vartolo, Esq. to answer or otherwise respond to the complaint is extended to and including 8/19/2019. Ordered by Magistrate Judge Steven I. Locke on 7/29/2019. c/m pro se plaintiff. (Kantor, Jesse)
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| Filing 9 Letter MOTION for Extension of Time to File Answer by Friedman Vartolo LLP, Ralph L. Vartolo, Esq.. (Goldstein, William) |
| Filing 8 Letter re: Pre-Motion Conference by Friedman Vartolo LLP, Ralph L. Vartolo, Esq. (Goldstein, William) |
| Filing 7 First MOTION for pre motion conference to file Motion to Dismiss pursuant to FRCP 12 by Wilmington Trust National Association. (Gold, Zachary) |
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ELECTRONIC ORDER denying #6 Motion for TRO; denying Motion for Permanent Injunction; denying Motion for Hearing.Plaintiff Alex Amner Borukhov filed a Complaint on June 7, 2019 (DE 1). On June 19, 2019, this Court received a "judicial temporary restraining order, permanent injunction and demand for an emergency hearing due to pending lawsuit in federal court" from Plaintiff (DE 6). He wants this Court to "force the Bank's attorneys, the realtors, and the Property Management Companies to cease and decease [sic] all foreclosure and eviction efforts" and "seeks relief from the defendants' wrongful foreclosure practices actions" (DE 6 at 2). Plaintiff's request for emergency relief is DENIED. To obtain a temporary restraining order or a preliminary injunction, a plaintiff must demonstrate: "(1) irreparable harm; (2) either (a) a likelihood of success on the merits or (b) sufficiently serious questions going to the merits of the case to make it a fair ground for litigation, and a balance of hardships tipping decidedly in its favor; and (3) that a preliminary injunction is in the public interest." Residents & Families United to Save Our Adult Homes v. Zucker, No. 16-CV-1683, 2017 WL 3446805, at *1 (E.D.N.Y. Aug. 10, 2017).Although it is difficult to discern any factual allegations from Plaintiff's papers, in the event he wishes to overturn the sale of a home pursuant to a state court judgment of foreclosure and sale, this Court would be barred from granting such relief. See, e.g., Jing Chun Wu v. Levine, No. 05-CV-1234, 2005 WL 2340722, at *1 (E.D.N.Y. June 3, 2005), aff'd, 314 F. App'x (2d Cir. 2009) (Courts in this Circuit have consistently held that any attack on a judgment of foreclosure is clearly barred by the Rooker-Feldman doctrine) (citations omitted). As a result, the Court finds that Plaintiff has failed to show a likelihood of success or sufficiently serious questions as to the merits to warrant emergency relief. Further, Plaintiff includes no facts or dates in his papers that would allow this Court to find a threat of irreparable harm.The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Electronic Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 6/20/2019. (Alessi, Samantha)
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| Filing 6 MOTION for Temporary Restraining Order pursuant to Rule 65, MOTION for Permanent Injunction pursuant to Rule 65, Emergency MOTION for Hearing by Alex Amner Borukhov. (Valle, Christine) |
| Filing 5 SUMMONS Returned Executed by Alex Amner Borukhov. Friedman Vartolo LLP served on 6/18/2019, answer due 7/9/2019; Ralph L. Vartolo, Esq. served on 6/18/2019, answer due 7/9/2019; Wilmington Trust National Association served on 6/13/2019, answer due 7/4/2019. (Valle, Christine) |
| Filing 4 Letter to Alex Amner Borukhov from the Pro Se Department acknowledging receipt of Civil Action. (Tirado, Chelsea) |
| 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. (Cox, Dwayne) |
| Filing 2 Summons Issued as to All Defendants. (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Alex Amner Borukhov. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
| FILING FEE: $ 400.00, receipt number 27864 (Cox, Dwayne) |
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