JPMorgan Chase Bank, N.A. v. Nowak et al
| JPMorgan Chase Bank, N.A. |
| Nowak Piotr Martin, Continentalis Divitiae Express Trust and Martin Piotr Nowak |
| 1:2023cv06834 |
| August 3, 2023 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Other Fraud |
| 09 U.S.C. § 0010 Petition to Vacate Arbitration Award |
| None |
Docket Report
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Mailed a copy of #31 Order, to Martin Piotr Nowak, 5 Union Square West, Suite 1370, New York, NY 10003. (sha)
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Mailed a copy of 28 Order on Motion for Conference, (Text Only Order), to Martin Piotr Nowak, 5 Union Square West, Suite 1370, New York, NY 10003. (vn)
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Filing 31
ORDER GRANTING PRELIMINARY INJUNCTION: Accordingly, is it hereby ORDERED that Defendants are enjoined during the pendency of this action from sending any correspondence to Chase concerning the purported award of $3,490,687,291.34 against Chase in favor of Defendants (the "Purported Award"), including fraudulent, false, and misleading correspondence arising out of Defendants' repeated attempts to defraud Chase; and it is further ORDERED that Defendants are enjoined during the pendency of this action from seeking confirmation or enforcement of the Purported Award arising out of Defendants' attempts to defraud Chase. Defendant Continentalis Divitiae Express Trust is advised that, as an artificial entity, it must be represented by counsel and cannot appear pro se. If it does not have counsel appear on its behalf, it may be subject to a default judgment. Defendant Martin Piotr Nowak, if he chooses to appear pro se, shall direct all filings and correspondence with the Court to the following address: Pro Se Intake Unit, U.S. District Court for the Southern District of New York, 40 Foley Square, Room 105, New York, NY 10007. The Clerk of Court is directed to designate this case as "PRO SE" on ECF. The Clerk is further directed to indicate the service address for Defendant Nowak on ECF as: Martin Piotr Nowak, 5 Union Square West, Suite 1370, New York, NY 10003. The Clerk of Court is further directed to mail a copy of this order to Martin Piotr Nowak at the above address. (Signed by Judge J. Paul Oetken on 9/15/2023) (ate) Transmission to Pro Se Assistants for processing.
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Filing 30
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/6/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 29
TRANSCRIPT of Proceedings re: CONFERNECE held on 9/6/2023 before Judge J. Paul Oetken. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/6/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/14/2023..(McGuirk, Kelly)
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Filing 28
ORDER granting #27 Letter Motion: GRANTED. Plaintiff shall file its opposition, if any, to Defendants' motion to dismiss on or before October 10, 2023. Defendants' Reply, if any, shall be filed on or before October 24, 2023. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (dgl)
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Filing 27
FIRST LETTER MOTION for Conference re: #26 MOTION to Dismiss for Lack of Jurisdiction. Plaintiff's letter requesting clarification on briefing schedule for Defendants' motion to dismiss addressed to Judge J. Paul Oetken from Victoria R. Serigano, Esq. dated September 14, 2023. Document filed by JPMorgan Chase Bank, N.A...(Serigano, Victoria)
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Minute Entry for proceedings held before Judge J. Paul Oetken: Show Cause Hearing held on 9/6/2023. See order and transcript. (bh)
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Filing 25
REPLY MEMORANDUM OF LAW in Support re: #12 Order to Show Cause,,,,,,, . Document filed by JPMorgan Chase Bank, N.A...(Serigano, Victoria)
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Filing 26
MOTION TO DISMISS COMPLAINT/PETITION, re: to Dismiss for Lack of Jurisdiction. Document filed by Martin Piotr Nowak.(sc)
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Filing 24
ORDER granting #23 Letter Motion for Extension of Time: GRANTED. The Court corrects its earlier order and clarifies that Chase may file its reply on or before September 5, 2023. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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Filing 23
LETTER MOTION for Extension of Time to File Response/Reply on September 5, 2023 re: #22 addressed to Judge J. Paul Oetken from Victoria R. Serigano dated August 25, 2023. Document filed by JPMorgan Chase Bank, N.A...(Serigano, Victoria)
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Filing 22
ENDORSED LETTER addressed to Judge J. Paul Oetken from Martin Nowak, Co-Trustee dated 8/25/2023 re: request for extension and adjournment. ENDORSEMENT: In light of Respondents' consent, Petitioner's request for an extension and an adjournment is granted. The hearing previously scheduled for August 29, 2023, at 11:00 am, is hereby ADJOURNED to September 6, 2023, at 3:00 pm. The hearing will take place at 40 Foley Square, Courtroom 706. Petitioner may file any reply papers by August 28, 2023. Petitioner shall provide a copy of this order to Respondents by email., ( Replies due by 8/28/2023.), ( Show Cause Hearing set for 9/6/2023 at 03:00 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 8/25/2023) (ate)
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Filing 21
ORDER granting in part and denying in part #20 Letter Motion for Extension of Time to File Response/Reply: Petitioner's request to adjourn the hearing is denied at this time. Given the timing and the fact that Respondents are not on ECF, it is not feasible to adjourn the hearing absent Respondents' consent. Petitioner's request for an extension of the deadline for its reply is granted in part. Petitioner may file its reply at the time of the hearing on August 29, 2023. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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Filing 20
LETTER MOTION for Extension of Time to File Response/Reply as to #17 Memo Endorsement,,,, Set Hearings,,, and for adjournment from August 29, 2023 to September 6, 2023 addressed to Judge J. Paul Oetken from Victoria R. Serigano dated August 24, 2023. Document filed by JPMorgan Chase Bank, N.A...(Serigano, Victoria)
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Filing 19
OPPOSITION TO CHASE'S ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER & PRELIMINARY INJUNCTION (RESPONSE TO ORDER TO SHOW CAUSE re: #12 Order to Show Cause). Document filed by Martin Nowak o/b/o Continentalis Divitiae Express Trust. (sc) Modified on 8/24/2023 (sc).
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Filing 18
NOTICE TO OPT-OUT FROM PARTICIPATION IN ACTION SUBJECT TO MANDATORY/ORDERED ELECTRONIC CASE FILING. Document filed by Continentalis Divitiae Express Trust, Martin Piotr Nowak. (sc)
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Filing 17
MEMO ENDORSEMENT on re: #15 Letter, filed by JPMorgan Chase Bank, N.A. ENDORSEMENT: At the request of Defendants and with the consent of Plaintiff, the hearing previously scheduled for August 18, 2023, is ADJOURNED to August 29, 2023, at 11:00 am. The hearing will be held at 40 Foley Square, Courtroom 706. Defendants' deadline for filing a response to the order to show cause is extended to August 21, 2023. Information regarding pro se representation may be found at https://nysd.uscourts.gov/prose. Counsel for Plaintiff is directed to provide a copy of this order to Defendants. So ordered. ( Show Cause Hearing set for 8/29/2023 at 11:00 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 8/16/2023) (ate)
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Filing 16
LETTER addressed to Judge J. Paul Oetken from Martin Nowak dated 8/11/2023 re: request for extension. Document filed by Continentalis Divitiae Express Trust, Martin Piotr Nowak. (ate)
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Filing 15
CONSENT LETTER addressed to Judge J. Paul Oetken from Victoria R. Serigano, Esq. dated August 11, 2023 re: Responsive Letter to Pro Se Defendants' Request for Adjournment of August 18, 2023 Preliminary Injunction Hearing and Extension of Time to Respond to Complaint-Petition. Document filed by JPMorgan Chase Bank, N.A...(Serigano, Victoria)
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Filing 14
AFFIDAVIT OF SERVICE of Order to Show Cause with Supporting Papers [Doc No. 12] served on Martin Piotr Nowak and Continentalis Divitiae Express Trust on August 7, 2023. Service was made by FedEx Overnight. Document filed by JPMorgan Chase Bank, N.A...(Serigano, Victoria)
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Filing 13
NOTICE OF APPEARANCE by Victoria Rose Serigano on behalf of JPMorgan Chase Bank, N.A...(Serigano, Victoria)
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Filing 12
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Defendants Martin Piotr Nowak and Continentalis Divitiae Express Trust (collectively "Defendants"), or their attorneys, shall show cause before this Court at the United States Courthouse located at 40 Foley Square, New York, NY 10007, Courtroom 706, on August 18, 2023, at 2:00 PM why an Order under Rule 65 of the Federal Rules of Civil Procedure ("FRCP") should not be made and entered herein as follows: enjoining Defendants during the pendency of this action from sending any correspondence to plaintiff JPMorgan Chase Bank, N.A.'s ("Chase") concerning the purported award of $3,490,687,291.34 against Chase in favor of Defendants (the "Fraudulent Award"), including fraudulent, false, and misleading correspondence arising out of Defendants' repeated attempts to criminally defraud Chase through mail fraud in violation of the Racketeer Influenced and Corrupt Organization ("RICO") Act under 18 United States Code ("USC") 1962(c) and 1962(d); and it is further ORDERED that, sufficient cause being alleged, service of a copy of this signed Order to Show Cause upon Defendants by overnight mail to 113 New York Avenue, Long Beach, New York 11561 on or before August 8, 2023, shall be deemed good and sufficient service; and it is further ORDERED, that opposition papers, if any, shall be served by Defendants upon Chase's counsel, by electronic filing via ECF, on or before August 14, 2023; and it is further ORDERED, that reply papers, if any, shall be served by Chase, by electronic filing via ECF, on or before August 17, 2023. Show Cause Hearing set for 8/18/2023 at 02:00 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 8/4/2023) (ate)
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Filing 11
CIVIL COVER SHEET filed..(Mawere, Natsayi)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Continentalis Divitiae Express Trust. (vf)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Martin Piotr Nowak. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Natsayi Mawere. The following case opening statistical information was erroneously selected/entered: Cause of Action code 09:12 Petition to Vacate Arbitration Award. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 09:0010 Petition to Vacate Arbitration Award. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Natsayi Mawere to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Natsayi Mawere. The party information for the following party/parties has been modified: Nowak Piotr Martin. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd)
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Case Designated ECF. (vf)
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Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
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Filing 8
DECLARATION of AQUANDA BROWN in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit 17 - HELOC Note and HELOC Mortgage, #2 Exhibit 18 - Note and CEMA, #3 Exhibit 19 - Combined Correspondence - Part 1, #4 Exhibit 19 - Combined Correspondence - Part 2, #5 Exhibit 19 - Combined Correspondence - Part 3, #6 Exhibit 19 - Combined Correspondence - Part 4, #7 Exhibit 19 - Combined Correspondence - Part 5, #8 Exhibit 19 - Combined Correspondence - Part 6, #9 Exhibit 19 - Combined Correspondence - Part 7, #10 Exhibit 20 - Notices of Claims, #11 Exhibit 21 - Fault Default Notices, #12 Exhibit 22 - Special Notices, #13 Exhibit 23 - True Bills).(Mawere, Natsayi)
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Filing 7
DECLARATION of NATSAYI MAWERE in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit 1 - Complaint in this Action, #2 Exhibit 2 - EDNY Complaint, #3 Exhibit 3 - Chases Motion to Dismiss EDNY Complaint, Nowaks Pro Se Opposition, and Chases Reply, #4 Exhibit 4 - EDNY First Dismissal Decision, #5 Exhibit 5 - EDNY Amended Complaint, #6 Exhibit 6 - Chases Motion to Dismiss EDNY Amended Complaint, Nowaks Pro Se Opposition, and Chases Reply, #7 Exhibit 7 - EDNY Second Dismissal Decision & Order, #8 Exhibit 8 - 2nd Cir. Decision Affirming Dismissal, #9 Exhibit 9 - Chase's Summons and Complaint in CEMA Foreclosure Lawsuit, #10 Exhibit 10 - Nowak's Pro Se Answer in CEMA Foreclosure Lawsuit - Part 1, #11 Exhibit 10 - Nowak's Pro Se Answer in CEMA Foreclosure Lawsuit - Part 2, #12 Exhibit 11 - Chase's Motion for Summary Judgment in CEMA Foreclosure Lawsuit, Nowak Pro Se Opposition, Chase's Reply, #13 Exhibit 12 - Summary Judgment Decision in CEMA Foreclosure Lawsuit, #14 Exhibit 13 - Complaint in HELOC Foreclosure Lawsuit, #15 Exhibit 14 - FBI Domestic Terrorism Operations Unit II Newsletter Sovereign Citizens An Introduction for Law Enforcement dated November 2010, #16 Exhibit 15 - HUD's Integrity Bulletin Entitled Watch out Sovereign Citizen Scams dated Spring 2015, #17 Exhibit 16 - US DOJ and FBI Sovereign Citizen Use of Documents to Further Fraudulent Schemes).(Mawere, Natsayi)
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Filing 6
MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by JPMorgan Chase Bank, N.A...(Mawere, Natsayi)
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Filing 5
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by JPMorgan Chase Bank, N.A...(Mawere, Natsayi) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Continentalis Divitiae Express Trust, re: #1 Complaint. Document filed by JPMorgan Chase Bank, N.A...(Mawere, Natsayi)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Martin Piotr Nowak, re: #1 Complaint. Document filed by JPMorgan Chase Bank, N.A...(Mawere, Natsayi)
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Filing 2
FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed.(Mawere, Natsayi) Modified on 8/4/2023 (vf).
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Filing 1
COMPLAINT against Continentalis Divitiae Express Trust, Nowak Piotr Martin. (Filing Fee $ 402.00, Receipt Number ANYSDC-28100367)Document filed by JPMorgan Chase Bank, N.A...(Mawere, Natsayi)
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