Wenegieme et al v. Garrity et al
| Celeste Wenegieme, Celestine Wenegieme, Robert Maresca and Tina Maresca |
| James L. Garrity, James L. Garrity, Jr., United States Bankruptcy Court, Robert E. Grossman, Interbay Funding LLC, Bayview Loan Sevicing, Goldstein Group Holding and Michael Goldstein |
| 1:2017cv09714 |
| December 11, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ronnie Abrams |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
48
MEMORANDUM OPINION & ORDER: re: 4 MOTION to Dismiss filed by Bayview Loan Sevicing, Interbay Funding LLC, 24 MOTION to Dismiss Notice of Motion for an Order Dismissing the Complaint, For an Injunction Against Filing Any Further Actions by the Plaintiffs Against Goldstein Group Holding and Michael Goldstein, and for Sanctions filed by Michael Goldstein, Goldstein Group Holding, 17 MOTION to Dismiss filed by United States Bankruptcy Court, James L. Garrity, Jr., Robert E. Grossman, Jame s L. Garrity. For the foregoing reasons, Plaintiffs' federal claims are dismissed with prejudice and the Court declines jurisdiction over their remaining non-federal claims. To the extent that Interbay's, Bayview's, and Goldstein' s requests for an injunction and sanctions against Plaintiffs survive this dismissal, they are denied in an exercise of this Court's discretion given that it does not appear that Plaintiffs have been formally warned in the past with respect to t heir litigation tactics. Plaintiffs are now on notice, however, that additional lawsuits-particularly those filed in federal court, presenting issues on which the federal courts have already ruled or asserting claims over which the federal courts lac k subject matter jurisdiction-may well result in Plaintiffs being sanctioned or an injunction being entered against them. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 4, 17, and 24. The case shall remain open and entry of judgment shall be stayed pending a determination on any supplemental jurisdictional submission by Plaintiffs as set forth in this Memorandum Opinion. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/18/2018) (ama)
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