Johnson v. Weinreb et al
| Joycelyn P. Johnson |
| Avail Holding, LLC, The Margolin & Weinreb Law Group, LLP, Alan Weinreb and Crystall S. Pannell |
| 2:2019cv07163 |
| December 20, 2019 |
| US District Court for the Eastern District of New York |
| Steven I Locke |
| Joanna Seybert |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 13 NOTICE of Appearance by Alan H Weinreb on behalf of Crystall S. Pannell, The Margolin & Weinreb Law Group, LLP, Alan Weinreb (aty to be noticed) (Weinreb, Alan) |
| Filing 12 CERTIFICATE OF SERVICE by Crystall S. Pannell, The Margolin & Weinreb Law Group, LLP, Alan Weinreb re #11 MOTION for pre motion conference (Smikun, Alan) |
| Filing 11 MOTION for pre motion conference by Crystall S. Pannell, The Margolin & Weinreb Law Group, LLP, Alan Weinreb. (Smikun, Alan) |
| Filing 10 NOTICE of Appearance by Alan Smikun on behalf of Crystall S. Pannell, The Margolin & Weinreb Law Group, LLP, Alan Weinreb (aty to be noticed) (Smikun, Alan) |
ELECTRONIC ORDER denying #11 Motion for Pre Motion Conference. A pre-motion conference and motion are unnecessary. This case, before this Court, is CLOSED. The Clerk shall mail a copy of this Electronic Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 2/5/2020. (Alessi, Samantha)
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| Civil Case Terminated. (Valle, Christine) |
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Order of Remand to State Court. On January 7, 2020, pro se defendant Joycelyn P. Johnson filed a "Notice of Removal" seeking to remove a proceeding from the Small Claims Part of the Second District Court in Nassau County under Index No. SC-002381-19/HE ("Nassau Court"). A bench trial was scheduled for January 15, 2020 in Nassau Court and Johnson's filing in this Court has obstructed that proceeding. The bench trial has been re-scheduled for February 5, 2020. Although the relief Johnson seeks is far from clear, and there are multiple state actions, it appears she is attempting to remove this one. (Notice of Removal, Docket Entry 9, at ECF p. 25.) Johnson is no stranger to this Court, having previously removed the underlying mortgage foreclosure action from the New York State Supreme Court, Nassau County. By Summary Order of Remand dated September 18, 2018, this Court remanded the underlying mortgage foreclosure action. (18-CV-5016 (JS)(SIL) (Docket Entry 4)). The current notice of removal filed by Johnson is similarly flawed. Critically, the Court lacks subject matter jurisdiction over this action. To the extent that Johnson premised removal on the presence of defenses or counterclaims based on federal law, that is not a basis for removal to federal court. Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 535 U.S. 826, 831, 122 S. Ct 1889, 1894, 153 L. Ed. 2d 13 (2002) ("[F]ederal jurisdiction generally exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint.") (internal quotation marks and citation omitted). The notice of removal filed by Johnson appears to be an attempt to obstruct the proceedings in state court. Accordingly, to no longer delay those proceedings, this action is sua sponte remanded to the Second District Court in Nassau County, New York. The Clerk of Court is directed to mail a certified copy of this Order to the Second District Court in Nassau County, New York. The Clerk of Court is also directed to mail a copy of this Order to Johnson. Finally, Johnson is warned that further, frivolous attempts to obstruct the state court proceeding will not be tolerated. Should she continue in this course of conduct the Court will impose sanctions, which may include a litigation injunction upon notice and an opportunity to be heard. 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. 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 further directed to mark this case CLOSED. Ordered by Judge Joanna Seybert on 2/4/2020. (Alessi, Samantha)
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Filing 8
ORDER - The Court's records reflect that the Complaint in this action was filed on December 20, 2019. Accordingly, service must be made upon Defendants by March 19, 2020 and Plaintiff shall file proof of such service with the Court. So Ordered by Judge Joanna Seybert on 1/10/2020. C/M (Valle, Christine)
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| Filing 9 NOTICE of Removal to the United States District Court filed by Joycelyn P. Johnson. (Florio, Lisa) |
| Filing 7 Letter from Pro Se Office to Pro Se Litigant dated 12/30/2019 Re: THIS LETTER ACKNOWLEDGES RECEIPT OF YOUR CIVIL ACTION(S). DOCKET NUMBER(S) AND JUDGE(S) HAVE BEEN ASSIGNED AS INDICATED ABOVE. (Valle, Christine) |
| 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. (Cox, Dwayne) |
| Filing 5 Notice of Related Case; 18-cv-5016-JS-SIL (Cox, Dwayne) |
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ELECTRONIC ORDER denying #3 Motion for TRO. Before the Court is Plaintiff's motion for a temporary restraining order, permanent injunction and emergency hearing (Mot., D.E. 3). Plaintiff asks this Court to issue an order directing that Defendants "cease and decease all foreclosure and eviction efforts" (Mot. at 1.) Plaintiff attaches documents demonstrating that the action is pending in Nassau County District Court (see generally Mot. Exhibits; see also related docket 18-CV-5016, D.E. 4 (summary remand order to New York State Supreme Court)). 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). 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, e.g., Jing Chun Wu v. Levine, No. 05-CV-1234, 2005 WL 2340722, at *1 (E.D.N.Y. June 3, 2005), affd, 314 F. Appx (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. 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 FEE: $ 400.00, receipt number 4653146573 (Cox, Dwayne) |
| Filing 4 Affidavit in Support re: #3 MOTION for Temporary Restraining Order Permanent Injunction & Demand for an Emergency Hearing filed by Joycelyn P. Johnson. (Cox, Dwayne) |
| Filing 3 MOTION for Temporary Restraining Order Permanent Injunction & Demand for an Emergency Hearing by Joycelyn P. Johnson. (Attachments: #1 Exhibit) (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 Joycelyn P. Johnson. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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