U.S. Bank National Association v. Ioannides et al

New York Northern District Court
Judge:	Anne M Nardacci
Referred:	Daniel J Stewart
Case #:	1:23-cv-00233
Nature of Suit	890 Other Statutes - Other Statutory Actions
Cause	28:1335 Interpleader Action

Case Filed:	Feb 22, 2023
Terminated:	Mar 08, 2023

Last checked: Saturday Aug 26, 2023 9:26 AM EDT

Defendant Yiannakis C. Ioannides 615 State Street Hudson, NY 12534
Defendant John Doe #1-10
Interpleader Anna Theresa Balash 615 State Street Hudson, NY 12534
Plaintiff U.S. Bank National Association	Represented By Todd Falasco Frenkel Lambert Weiss Weisman & Gordon LLP contact info

Docket last updated: 7 hours ago

Thursday, June 01, 2023
16		16 appeal USCA Mandate Thu 06/01 1:40 PM MANDATE of USCA as to11 Notice of Appeal filed by Yiannakis C. Ioannides. It is hereby ORDERED that the appeal is DISMISSED because the remand order is not reviewable. (egr) Related: [-]
		appeal USCA Case Number Thu 06/01 1:38 PM USCA Case Number 23-396 for11 Notice of Appeal filed by Yiannakis C. Ioannides. (egr) Related: [-]
Tuesday, April 04, 2023
15		15 misc Mail Returned Wed 04/05 8:49 AM Mail Returned as Undeliverable - Certified Mail - Return to Sender - Unclaimed- Unable to Forward - re: 9 Text Order, sent to Yiannakis C. Ioannides Address sent to c/o Anna Theresa Balash, 615 State Street, Hudson, NY 12534 (hmr) Related: [-]
Tuesday, March 21, 2023
13		13 appeal Electronic Notice and Certification to USCA of Appeal Tue 03/21 3:37 PM AMENDED ELECTRONIC NOTICE AND CERTIFICATION sent to U.S. Court of Appeals re:11 Notice of Appeal filed by Anna Theresa Balash. (map) Related: [-]
Monday, March 20, 2023
14		14 notice Notice - Other Wed 03/22 5:09 PM Notice of Acknowledgment from State of New York Supreme Court, Columbia County returned signed regarding the #10 Letter sent on 03/08/2023. (map) Related: [-]
Friday, March 17, 2023
12		12 appeal Electronic Notice and Certification to USCA of Appeal Fri 03/17 1:35 PM ELECTRONIC NOTICE AND CERTIFICATION sent to U.S. Court of Appeals regarding the #11 Notice of Appeal. (map) Related: [-]
Thursday, March 16, 2023
11		11 appeal Notice of Appeal Fri 03/17 1:13 PM NOTICE OF APPEAL as to the # 9 Text Order filed by Anna Theresa Balash f/b/o Yiannakis C. Ioannides (Deceased). Filing fee $ 505, receipt number 100000032.(map) Related: [-]
		Att: 1 Certificate of Service
Wednesday, March 08, 2023
10		10 misc Letter Wed 03/08 1:41 PM Letter to the State of New York Supreme Court, Columbia County. (mab) Related: [-]
9		9 order Order Wed 03/08 1:00 PM TEXT ORDER: On February 22, 2023, "Interpleader, AB Revocable Living Trust..., by and through Anna Theresa Balash, ("Trustee not Individually"), appearing In Propria Persona ," filed a notice of removal, purporting to remove a foreclosure action from the Supreme Court of New York in Columbia County. Dkt. No.1 (citing 28 U.S.C. �� 1333 and 1335 as the basis for federal jurisdiction). However, AB Revocable Living Trust's notice of removal suffers from several defects. First, the notice of removal is untimely, given that it must be filed within 30 days after the defendant in the state court proceeding receives a copy of the initial pleading if, such as here, removal purports to be based on federal question jurisdiction. See 28 U.S.C. � 1446(b); Murray v. Deer Park Union Free School Dist. , 154 F. Supp. 2d 424, 426 (E.D.N.Y. 2001) ("Failure to file within the 30-day filing period leads to an automatic defeat of the removal petition."). Here, the defendant, Yiannakis Ioannides, received a copy of the complaint by March 7, 2013, at the latest- approximately ten years prior to the filing of this notice of removal. See Dkt. No.2 at 29-30. Second, it does not appear that AB Revocable Living Trust is a defendant in the state court action, but, rather, is a putative interpleader, see Dkt. No.1 , Dkt. No.2 at 7-17, and, therefore, may not remove the action. See Home Depot U. S. A., Inc. v. Jackson , 139 S.Ct. 1743, 1745 (2019) (finding that only a "party sued by the original plaintiff" may remove an action); see also 28 U.S.C. � 1441(a). Third, the state court complaint does not contain any claims arising under the United States Constitution or federal law and thus removal is improper. See Dkt. No.2 at 9-17; see also Beneficial Nat. Bank v. Anderson , 539 U.S. 1, 5 (2003) ("...removal is generally not permitted unless the [state court] complaint expressly alleges a federal claim..."); Four Keys Leasing & Maint. Corp. v. Simithis , 849 F.2d 770, 773 (2d Cir. 1988) ("[a]llegations made for the first time in a removal petition...cannot support the removal of a case on federal question grounds."). Finally, the state court's January 5, 2018, order granting plaintiff's motion for judgment of foreclosure and sale, Dkt. No.2 at 29-33, 35-42, is a final judgment, and as such, may not be removed to this Court. See Murray , 154 F. Supp. 2d at 426 (E.D.N.Y. 2001) (citing Four Keys Leasing & Maint. Corp. , 849 F.2d at 774 (2d Cir. 1988) (holding that granting permission to remove a case from a final state court judgment would subject the judgment to relitigation and "would be a perversion of the removal process")). For the above stated reasons, to the extent remand is necessary, the matter is REMANDED to Supreme Court in Columbia County. IT IS SO ORDERED. by U.S. District Judge Anne M. Nardacci on 3/8/2023. (Copy served upon Defendant/Anna Theresa Balash by regular mail and certified mail). (mab) Related: [-]
Thursday, March 02, 2023
8		8 service Certificate of Service Mon 03/06 1:38 PM PROOF OF SERVICE filed by Anna Theresa f/b/o Defendant Yiannakis C. Ioannides. (map) Related: [-]
Friday, February 24, 2023
7		7 notice Notice of Admission Requirement Fri 02/24 7:08 PM NOTICE OF ADMISSION REQUIREMENT as to Plaintiff's Counsel Daniel S. Gvertz, Esq.; Served via regular mail with General Order 25 on 2/24/2023. Firm Phone number is: 631-969-3100. Admissions due by: 3/10/2023. (map) Related: [-]
6		6 notice Notice of Admission Requirement Fri 02/24 6:54 PM NOTICE OF ADMISSION REQUIREMENT as to Plaintiff's Counsel Andrew Buonincontri, Esq.; Served via regular mail with General Order 25 on 2/24/2023. Phone number is: 212-471-5100. Admissions due by: 3/10/2023. (map) Related: [-]
5		5 notice Notice of Admission Requirement Fri 02/24 6:50 PM NOTICE OF ADMISSION REQUIREMENT as to Plaintiff Counsel Stephen Wallace, Esq.; Served via regular mail with General Order 25 on 2/24/2023. Firm Phone number is: 631-969-3100. Admissions due by: 3/10/2023. (map) Related: [-]
Wednesday, February 22, 2023
4		4 misc G.O. 25 Filing Order Fri 02/24 4:50 PM G.O. 25 FILING ORDER ISSUED: Initial In-Person Rule 16 Conference set for 3/27/2023 at 10:00 AM in Albany before U.S. Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/20/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map) Related: [-]
3		3 misc Pro Se Handbook and Notice Issued Fri 02/24 4:42 PM PRO SE HANDBOOK, LOCAL RULES and PRO SE NOTICE issued and explained to Yiannakis C. Ioannides at time complaint was filed. Signed Pro Se Notice filed by Anna Theresa Balash, Trustee. (map) Related: [-]
2		2 misc State Court Complaint Fri 02/24 4:37 PM STATE COURT COMPLAINT AND SUMMONS relating to1 Notice of Removal, filed by Plaintiff(s) in Supreme Court of the State of New York, County of Columbia. (map) Related: [-]
1		1 notice Notice of Removal Fri 02/24 4:34 PM NOTICE OF REMOVAL from New York State Supreme Court - County of Columbia, case number E012012004116 (Filing fee $402 receipt number 100000021) filed by Anna Theresa Balash o/b/o Yiannakis C. Ioannides as his AB Revocable Living Trustee.(map) Related: [-]
		Att: 1 Exhibit: New York State Supreme Court - Complaint and Summons,
		Att: 2 Exhibit: Letter Regarding Notice of Removal,
		Att: 3 Civil Cover Sheet
		notice Text Notice Regarding John Doe Defendant (Text-Only) Fri 02/24 4:47 PM TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (map) Related: [-]

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