Palmer v. Wells Fargo Bank, N.A. et al
| Jason G. Palmer |
| Wells Fargo Bank, N.A. and Column Financial Bank |
| 5:2018cv00437 |
| April 11, 2018 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Madison |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| Securities/Commodities |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing 6
TEXT ORDER denying #5 Plaintiff's application for an Order to Show Cause, denying #5 his motion for a Temporary Restraining Order, and reserving decision on #5 his motion for a preliminary injunction pending the completion of expedited briefing. Plaintiff's application for an Order to Show Cause is unsupported by a showing, in a detailed and specific affidavit, of good cause why reasonable advance notice of the application could not be given, as required by Local Rule 7.1(e) of the Local Rules of Practice for this Court. (Dkt. No. #5 ) Indeed, he acknowledges being in contact with Defendants. (Id. at #1 ) Even assuming the cancellation of property's tax-exempt status constitutes irreparable harm, Plaintiff'S motion for a Temporary Restraining Order is unsupported by a showing of either a likelihood of success on the merits or a sufficiently serious question as to the merits of the case to make it a fair ground for litigation and a balance of hardships tipping decidedly in Plaintiff's favor, as required by Fed. R. Civ. P. 65(b). (Id.) The Court notes that "a non-attorney trustee may not represent a trust pro se." Gabayzadeh v. Taylor, 639 F. Supp. 2d 298, 302 (S.D.N.Y. 2009); see also AMA Acquisitions Trust v. Argent Mortg. Co., LLC, 16-CV-0244, 2016 WL 6068147, at *2-3 (N.D.N.Y. Oct. 14, 2016) (D'Agostino, J.) (holding that a pro se non-attorney trustee may not represent the trust). The Court notes also that, even assuming the Complaint states a claim upon which relief can be granted, Plaintiff's motion papers, while containing two affidavits, create as many questions as answers. Plaintiff is directed to obtain counsel and serve Defendants with a copy of his Complaint, his motion papers and this Text Order before the end of April 18, 2018. Defendants' response papers are due before the end of May 2, 2018. Plaintiff's reply papers are due before the end of May 9, 2018. The Court will sua sponte schedule a hearing on Plaintiff's motion for a preliminary injunction should it determine that oral argument and/or witness testimony is necessary. SO ORDERED by Chief Judge Glenn T. Suddaby on 04/11/2018. (lmw)(Copy served upon pro se plaintiff via regular mail)
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| Filing 5 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order filed by Jason G. Palmer. (Attachments: #1 Exhibits A, C, and D)[The Clerk notes that the filer stated there is not an Exhibit B.](meb) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 7/10/2018 at 09:30 AM via telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/3/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (meb) |
| Filing 3 PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed. (meb) |
| Filing 2 Summons Issued as to, Wells Fargo Bank, N.A. (Attachments: #1 Summons Issued as to Column Financial Bank) [Pro Se plaintiff received issued summonses at the time of filing at the Syracuse counter.](meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Column Financial Bank, Wells Fargo Bank, N.A. (Filing fee $400 receipt number SYR052075) filed by Jason G. Palmer. (Attachments: #1 Civil Cover Sheet)(meb) |
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