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Deutsche Bank National Trust Co. v. Reddy

United States District Court, D. Connecticut

December 31, 2019

DEUTSCHE BANK NATIONAL TRUST, CO., as trustee for Morgan Stanley Mortgage Loan Trust 2005-10, Plaintiff,
v.
WALTER REDDY, III. Defendant.

          RULING AND ORDER ON MOTION TO REMAND AND RECOMMENDED RULING

          VICTOR A. BOLDEN UNITED STATES DISTRICT JUDGE

         Walter Reddy, III (“Defendant”), proceeding pro se, filed a Notice of Removal on March 27, 2019, of two Summary Process actions commenced by Deutsche Bank National Trust Company (“Deutsche Bank”) in the Connecticut Superior Court Housing Session of Norwalk. Both actions were removed to this Court on the same day and relate to the same property, which comprises a “Main House” and an “In-Law Unit.”

         For the reasons that follow, the Court adopts Judge Garfinkel's recommended ruling in both cases, GRANTING the Plaintiff's motions to proceed in forma pauperis, but DISMISSING these cases for lack of subject matter jurisdiction.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         Around June 7, 2018, Deutsche Bank allegedly became the record owner of 16 Briar Oak Drive, Weston, CT 06883, as a result of a foreclosure action started under docket numbers NWH-CV18-6004196-S and NWH-CV18- 6004197-S. See Rev. State Compl. ¶ 1, Deutsche Bank Nat'l Trust Co. v. Reddy, No. 3:19-cv-461 (VAB), ECF No. 1-1 (Mar. 27, 2019) (“Main House Action”) and Rev. State Compl. ¶ 1, Deutsche Bank Nat'l Trust Co. v. Reddy, No. 3:19-cv-460 (VAB) (“In-Law Unit Action”). Deutsche Bank alleges that the Defendants' right to occupy the premises, which included both the Main House and the In-Law Unit ended on November 5, 2018; that a notice to quit the premises was served; and that the date to quit the premises passed in November 2018. Compl.[1] ¶ 2-6.

         On February 13, 2019, Deutsche Bank brought summary process actions against Walter Reddy, III, Scott Baker, Alexandra Benderoth, Jodi Emidy, Taylor Flack and various Doe Defendants, making claims for immediate possession of both the Main House and the In-Law Unit of the Weston premises. Id.

         On March 27, 2019, Walter Reddy, III, proceeding pro se, filed Notices of Removal of both actions. Notice of Removal, Main House Action, ECF No. 1 (Mar. 27, 2019); Notice of Removal, Main House Action, ECF No. 1 (Mar. 27, 2019). In all respects other than whether the filing refers to the Main House or the In-Law Unit on the Weston premises, the grounds for removal asserted by Mr. Reddy are the same.

         Also on March 27, 2019, Mr. Reddy filed identical “short form” applications to proceed in forma pauperis in both cases. Mot., Main House Action, ECF No. 2, (Mar. 27, 2019); Mot., In-Law Unit Action, ECF No. 2 (Mar. 27, 2019). Judge Garfinkel denied Mr. Reddy's motion to proceed in forma pauperis in the In-Law Unit Action, without prejudice to renewing the motion with a complete financial affidavit. ECF No. 7 (Apr. 2, 2019).

         On May 1, 2019, Mr. Reddy filed a new motion for leave to proceed in forma pauperis in the In-Law Unit Action. ECF No. 8 (May 1, 2019).

         On June 19, 2019, Deutsche Bank moved to remand both cases to state court. Main House Action, ECF No. 7 (June 19, 2019); In-Law Unit Action, ECF No. 10 (June 19, 2019).

         On October 22, 2019, Judge William I. Garfinkel issued a Recommended Ruling in both cases, recommending that Mr. Reddy's Complaint be dismissed under 28 U.S.C. § 1915(e)(2)(B). Rec. Ruling, In-Law Unit Action, ECF No. 13 (Oct. 22, 2019); Rec. Ruling, Main House Action, ECF No. 13 (Oct. 22, 2019). Judge Garfinkel stated that “[a]ny objection must be filed within 14 days after service, ” or by November 5, 2019. Rec. Ruling.

         On December 2, 2019, Mr. Reddy filed a Notice of Disability in both actions. Notice of Disability, Main House Action, ECF No. 14 (Dec. 2, 2019); Notice of Disability, In-Law Unit Action, ECF No. 14 (Dec. 2, 2019).

         Also on December 2, 2019, Mr. Reddy filed an objection to the recommended ruling in both cases. Obj. to Rec. Ruling, Main House Action, ECF No. 15 (Dec. 2, 2019); Obj. to Rec. Ruling, In-Law Unit Action, ECF No. 15 (Dec. 2, 2019).

         Now before the Court are Mr. Reddy's motions for leave to proceed in forma pauperis pursuant to 28 U.S.C. §1915[ ...


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