Brooks et al v. Aiden 0821 Capital LLC et al
| Dolly Brooks and Dolly W Brooks |
| Yimmell M Suarez, Citi Bank, Na 021000089, Donald Greenwood, Harry F George, John H Lynch, Sharestates Investment DACL, LLC, Atlantis National Services, Aiden Capital, Santander 090001 UK and Ireland, Kathy Cantell, Wells Fargo Bank, Na, Atlantis National Service, Rafael Tabbibov, Derek K Majka, Edward P Romaine, Lawrence A HIrsch, Am Trust Title, Dennis M Brown, ShareState, John Doe/Church, Reed Smith LLP, DeCapital/Gatehouse Media, Mary C Mertz, Julia J Hendrich, Martha L Luft, De Capital, Karen Kerr, Oviatt, Wood, Gilman, Anthony J DeMarco, Garrett W Swenson, Jr, An Alleged Global World One Inc, De Capital/Wells Fargo/News Corp., Suffolk County Traffic And Parking Violation Agency, Joseph C. Pastoressa, Peter T Bauer, U.S. Bank National Association, Suffolk County Sheriff Office, Natalie Griggs, State Bank of India 60001, Aiden 0821 Capital LLC and N.Y.C. Department Of Finance |
| 2:2019cv06823 |
| December 4, 2019 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Joanna Seybert |
| Anne Y Shields |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Case reassigned to Judge Gary R. Brown. Judge Joanna Seybert 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. (Russo, Eric) |
ELECTRONIC ORDER denying #10 Motion for Preliminary Injunction; denying #10 Motion for TRO.Plaintiff has submitted an affidavit in support of her application for a preliminary injunction and order to show cause. (Affid., D.E. 10). In sum and substance, she avers that she was wrongfully evicted from her property, her personal belongings were put in dumpsters, and her personal identification was destroyed. Though Plaintiff does not give dates in her affidavit, it is clear that the eviction and disposal of her property has already occurred. Plaintiff also claims "it will be proven that the alleged owner [defendant Aiden 0821 Capital LLC] did not buy [her] home at a foreclosure auction." (Affid. 3).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). Here, "[p]reliminary injunctive relief is inappropriate where the alleged irreparable harm has already occurred." Alpha Founders Holding, LLC v. Magellan Health, Inc., No. 17-CV-6225, 2018 WL 1247405, at *5 (E.D.N.Y. Mar. 9, 2018) (collecting cases). Additionally, to the extent Plaintiff challenges the sale of her home pursuant to a state court judgment of foreclosure and sale, or an eviction pursuant to a state court order, this Court is barred from granting such relief. See 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). Accordingly, Plaintiff's request for emergency relief is DENIED.Plaintiff also filed a motion to proceed in forma pauperis. (D.E. 9). 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 12/23/2019. (Alessi, Samantha)
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| Filing 10 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Dolly Brooks. (Valle, Christine) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Dolly Brooks. (Valle, Christine) |
| Filing 8 NOTICE of Change of Address filed by Dolly Brooks. (Valle, Christine) |
| Filing 7 Letter dtd 12/6/19 from pro se office to pro se RE: this letter acknowledges receipt of your civil action (Bollbach, Jean) |
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Filing 6
ORDER re: #3 Proposed Order to Show Cause filed by Dolly Brooks. The Court declines to sign plaintiff's proposed Order to Show Cause. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Ordered by Judge Joan M. Azrack on 12/5/2019. (Cox, Dwayne)
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| Filing 5 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. re #2 MOTION for Leave to Proceed in forma pauperis , and #1 Complaint. The papers are deficient as your IFP application does not contain enough information for the Court to consider your request. (Cox, Dwayne) |
| Filing 4 AFFIRMATION in Support re #3 Proposed Order to Show Cause by Dolly Brooks (Cox, Dwayne) |
| Filing 3 Proposed Order to Show Cause for Preliminary Injunction and Temporary Restraining Order by Dolly Brooks (Cox, Dwayne) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Dolly Brooks. (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Dolly Brooks. (Attachments: #1 Warrant Of Eviction, #2 Civil Cover Sheet) (Cox, Dwayne) |
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