Case Details

CourtDistrict of Connecticut
Docket number3:17-cv-00135
Date case filed2017-01-30
Date case closed
Date of latest filing
Assigned toJudge Jeffrey A. Meyer
Case cause28:1332 Diversity-(Citizenship)
Nature of suit220 Real Property: Foreclosure
Jury demandBoth
Demand
JurisdictionDiversity

Case Parties

Party: Foundation Capital Resources, Inc.
Party type: Counter Defendant
TERMINATED: 03/30/2017
Attorney name: Kristin B. Mayhew
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Prayer Tabernacle Church of Love, Inc.
Party type: Counter Claimant
TERMINATED: 03/30/2017
Attorney name: Dennis Anthony Bradley
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Andre Cayo
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Federal Deposit Insurance Company
Party type: Defendant
as Receiver for the Community's Bank
TERMINATED: 03/30/2017

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12017-01-30 COMPLAINT against Prayer Tabernacle Church of Love, Inc., Federal Deposit Insurance Company as Receiver For The Community's Bank, filed by Foundation Capital Resources, Inc. ( Filing fee $400 receipt number 0205-4280171.), (Attachments: # 1 Exhibit A-M)(Mayhew, Kristin) Modified text on 1/30/2017 (Caffrey, A.). (Entered: 01/30/2017)
22017-01-30 Corporate Disclosure Statement by Foundation Capital Resources, Inc.. (Mayhew, Kristin) (Entered: 01/30/2017)
32017-01-30 NOTICE of Lis Pendens by Foundation Capital Resources, Inc. (Mayhew, Kristin) (Entered: 01/30/2017)
42017-01-30 Order on Pretrial Deadlines: Motions to Dismiss due on 4/30/2017. Amended Pleadings due by 3/31/2017 Discovery due by 8/1/2017 Dispositive Motions due by 8/31/2017 Signed by Clerk on 1/30/2017.(Caffrey, A.) (Entered: 01/30/2017)
52017-01-30 ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 1/30/2017.(Caffrey, A.) (Entered: 01/30/2017)
62017-01-30 STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 1/30/2017.(Caffrey, A.) (Entered: 01/30/2017)
72017-01-30 NOTICE TO COUNSEL/PRO SE PARTIES : Counsel or pro se parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 6 Protective Order, 2 Corporate Disclosure Statement filed by Foundation Capital Resources, Inc., 1 Complaint, filed by Foundation Capital Resources, Inc., 5 Electronic Filing Order, 3 Notice of Lis Pendens filed by Foundation Capital Resources, Inc., 4 Order on Pretrial Deadlines Signed by Clerk on 1/30/2017.(Caffrey, A.) (Entered: 01/30/2017)
82017-01-30 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Federal Deposit Insurance Company, Prayer Tabernacle Church of Love, Inc.* with answer to complaint due within *21* days. Attorney *Kristin B. Mayhew* *McElroy, Deutsch, Mulvaney & Carpenter, LLP-Southport* *30 Jelliff Lane* *Southport, CT 06890-1436*. (Caffrey, A.) (Entered: 01/30/2017)
92017-01-30 EXHIBIT A to Notice of Lis Pendens by Foundation Capital Resources, Inc. re 3 Notice of Lis Pendens. (Mayhew, Kristin) (Entered: 01/30/2017)
102017-02-07 SUMMONS Returned Executed by Foundation Capital Resources, Inc.. Prayer Tabernacle Church of Love, Inc. served on 2/1/2017, answer due 2/22/2017. (Mayhew, Kristin) (Entered: 02/07/2017)
112017-02-22 ANSWER to 1 Complaint, with Special Defenses, COUNTERCLAIM against Foundation Capital Resources, Inc. by Prayer Tabernacle Church of Love, Inc..(Payton, R.) (Entered: 02/22/2017)
122017-02-24 MOTION to Strike 11 Answer to Complaint, Counterclaim by Foundation Capital Resources, Inc..Responses due by 3/17/2017 (Mayhew, Kristin) (Entered: 02/24/2017)
132017-03-01 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 3/14/2017 at 10:00 AM in Chambers Room 266 - Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons. Defendant's representative will confirm his/her attendance by 3/10/17. (Esposito, A.) (Entered: 03/01/2017)
142017-03-09 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. PLEASE NOTE CHANGE: Telephone Status Conference set for 3/14/2017 at 10:00 AM before Judge Holly B. Fitzsimmons. The parties will call the conference line at: (641) 715-3580, Access Code: 851-398, at the appointed time. (Esposito, A.) (Entered: 03/09/2017)
152017-03-10 MOTION to Amend/Correct 1 Complaint, To Drop Defendant Federal Deposit Insurance Company as Receiver for the Community's Bank Pursuant to FRCP 21 by Foundation Capital Resources, Inc..Responses due by 3/31/2017 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Mayhew, Kristin) (Entered: 03/10/2017)
15.1 Exhibit A
15.2 Text of Proposed Order
162017-03-10 MOTION to Appoint Receiver of Rents by Foundation Capital Resources, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Mayhew, Kristin) (Entered: 03/10/2017)
172017-03-10 Memorandum in Support re 16 MOTION to Appoint Receiver of Rents filed by Foundation Capital Resources, Inc.. (Mayhew, Kristin) (Entered: 03/10/2017)
182017-03-13 ORDER REFERRING CASE to Magistrate Judge Holly B. Fitzsimmons for rulings on: 16 MOTION to Appoint Receiver of Rents, 12 MOTION to Strike , 15 MOTION to Amend/Correct 1 Complaint, To Drop Defendant Federal Deposit Insurance Company as Receiver for the Community's Bank Pursuant to FRCP 21 Signed by Judge Jeffrey A. Meyer on 3/13/17.Motions referred to Holly B. Fitzsimmons(Pesta, J.) (Entered: 03/13/2017)
192017-03-14 Minute Entry for proceedings held before Judge Holly B. Fitzsimmons: Telephone Case Management/Status Conference held on 3/14/2017. 15 minutes. A hearing on the pending motions is scheduled for March 30, 2017 at 11:00AM. (Esposito, A.) Modified on 3/20/2017 to correct the date (Gould, K.). (Entered: 03/15/2017)
202017-03-15 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Hearing on pending Motion to Strike 12 , Motion to Drop the Federal Deposit Insurance Company as Receiver for the Community's Bank as a Defendant Pursuant to Fed. R. Civ. P. 21 15 , and Motion to Appoint Receiver 16 set for 3/30/2017 at 11:00 AM in Courtroom Four-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons. The parties may contact the Court to reschedule this hearing once an attorney files an appearance for Prayer Tabernacle Church of Love, Inc. (Esposito, A.) (Entered: 03/15/2017)
212017-03-15 ORDER re: March 14, 2017 Telephone Status Conference. A Telephone Status Conference was held on March 14, 2017. This action was commenced on January 30, 2017. Proper service was effectuated on February 1, 2017. An Answer was filed on February 22, 2017, on behalf of defendant Prayer Tabernacle Church of Love, Inc. ("the Church"). The Answer was signed by Kenneth H. Moales, Jr, Senior Pastor ("the Pastor"). On February 24, 2017, plaintiff filed a Motion to Strike the Answer and for Entry of Default Against Prayer Tabernacle Church of Love, Inc., correctly stating that no attorney has entered an appearance on the Church's behalf. Moreover, the Pastor acknowledges that he is not an attorney. It is undisputed that a corporation cannot appear pro se. Eagle Associates v. Bank of Montreal, 926 F.2d 1305, 1308-09 (2d Cir. 1991). Since the Motion to Strike was filed, plaintiff has filed a Motion to Drop the Federal Deposit Insurance Company as Receiver for the Community's Bank as a Defendant Pursuant to Federal Rule of Civil Procedure 21 15 and a Motion for Appointment of Receiver of Rents 16 . Pastor Kenneth H. Moales, Jr. participated in the March 14, 2017, telephone status conference on behalf of the Church. A hearing on the pending motions is scheduled for March 30, 2017 at 11:00 AM. The Pastor was advised that an attorney must appear to represent the Church. He was further advised that the failure of an attorney to appear could result in the entry of default for failure to plead and may result in the entry of default judgment against the Church. Signed by Judge Holly B. Fitzsimmons on 3/14/17.(Esposito, A.) (Entered: 03/15/2017)
222017-03-30 NOTICE of Appearance by Dennis Anthony Bradley on behalf of Prayer Tabernacle Church of Love, Inc. (Gould, K.) (Entered: 03/30/2017)
232017-03-30 ORAL MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Appoint Receiver of Rents by Prayer Tabernacle Church of Love, Inc.. (Gould, K.) (Entered: 03/30/2017)
242017-03-30 Minute Entry. Proceedings held before Judge Holly B. Fitzsimmons: granting 23 ORAL Motion for Extension of Time to File Response/Reply re 16 MOTION to Appoint Receiver of Rents, 12 ; granting 12 Motion to Strike ; granting 15 Motion to Amend/Correct. Motion Hearing held on 3/30/2017 re 12 MOTION to Strike 11 Answer to Complaint, Counterclaim filed by Foundation Capital Resources, Inc., 23 ORAL MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Appoint Receiver of Rents filed by Prayer Tabernacle Church of Love, Inc., 15 MOTION to Amend/Correct 1 Complaint, To Drop Defendant Federal Deposit Insurance Company as Receiver for the Community's Bank Pursuant to FRCP 21 filed by Foundation Capital Resources, Inc.. Total Time: 5 minutes(Court Reporter: BCT Reporting.) (Gould, K.) (Entered: 03/31/2017)
252017-03-30 AMENDED COMPLAINT against Prayer Tabernacle Church of Love, Inc., filed by Foundation Capital Resources, Inc..(Gould, K.) (Entered: 03/31/2017)
262017-04-10 MOTION for Default Entry 55(a) as to Prayer Tabernacle Church of Love, Inc. by Foundation Capital Resources, Inc.. (Mayhew, Kristin) (Entered: 04/10/2017)
272017-04-27 ORDER granting 26 Motion for Default Entry 55(a) Motion for default judgment due by 5/27/2017. A Motion for Default Judgment pursuant to FRCP 55(b) shall be filed or this action will be dismissed by the Clerk pursuant to FRCP 41(a). Signed by Judge Jeffrey A. Meyer on 4/27/2017. (Gruber, Sarah) (Entered: 04/27/2017)
282017-05-15 MOTION for Default Judgment and Entry of Order of Strict Foreclosure Pursuant to Federal Rule of Civil Procedure 55(b)(2) as to Prayer Tabernacle Church of Love, Inc. by Foundation Capital Resources, Inc.. (Mayhew, Kristin) (Entered: 05/15/2017)
292017-05-15 AFFIDAVIT of Debt Signed By Joshua Bartlotti filed by Foundation Capital Resources, Inc.. (Attachments: # 1 Exhibit A-F)(Mayhew, Kristin) (Entered: 05/15/2017)
302017-05-15 AFFIDAVIT of Appraiser for Strict Foreclosure Judgment Signed By George M. Shawah, Jr. filed by Foundation Capital Resources, Inc.. (Attachments: # 1 Exhibit 1-5)(Mayhew, Kristin) (Entered: 05/15/2017)
312017-05-15 AFFIDAVIT of Attorney's Fees Signed By Kristin B. Mayhew filed by Foundation Capital Resources, Inc.. (Attachments: # 1 Exhibit A)(Mayhew, Kristin) (Entered: 05/15/2017)
322017-05-15 NOTICE by Foundation Capital Resources, Inc. Foreclosure Worksheet (Mayhew, Kristin) (Entered: 05/15/2017)
332017-05-18 Second MOTION for Extension of Time until 06/16/2017 To Plead by Prayer Tabernacle Church of Love, Inc.. (Cayo, Andre) (Entered: 05/18/2017)
342017-05-19 OBJECTION re 33 Second MOTION for Extension of Time until 06/16/2017 To Plead filed by Foundation Capital Resources, Inc.. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Mayhew, Kristin) (Entered: 05/19/2017)
34.1 Exhibit A
34.2 Certificate of Service
352017-05-24 ORDER DENYING MOTION. The motion for extension of time (Doc. # 33 ) is DENIED for substantially the reasons set forth in plaintiff's opposition memorandum. Signed by Judge Jeffrey A. Meyer on 5/24/2017. (Gruber, Sarah) (Entered: 05/24/2017)
362017-05-25 ANSWER to Complaint with Affirmative Defenses and Special Defenses , First COUNTERCLAIM against All Plaintiffs by Prayer Tabernacle Church of Love, Inc..(Cayo, Andre) (Entered: 05/25/2017)
372017-06-13 MOTION to Strike 36 Answer to Complaint, Counterclaim dated May 25, 2017 and for Entry of Judgment of Strict Foreclosure by Foundation Capital Resources, Inc..Responses due by 7/4/2017 (Mayhew, Kristin) (Entered: 06/13/2017)
382017-07-04 First MOTION for Extension of Time until 07/11/2017 to reply to motion to strike by Prayer Tabernacle Church of Love, Inc.. (Cayo, Andre) (Entered: 07/04/2017)
392017-07-06 OBJECTION re 38 First MOTION for Extension of Time until 07/11/2017 to reply to motion to strike and File Motion to Set Aside Default filed by Foundation Capital Resources, Inc.. (Mayhew, Kristin) (Entered: 07/06/2017)
402017-07-10 ORDER granting 38 Motion for Extension of Time until 07/11/2017 to reply to 37 motion to strike. Signed by Judge Jeffrey A. Meyer on 7/10/2017. (Gutierrez, Y.) (Entered: 07/10/2017)
412017-07-10 ENTERED IN ERROR - Reset Responses Deadlines due by 9/1/2017 re: 37 MOTION to Strike 36 Answer to Complaint, Counterclaim dated May 25, 2017 and for Entry of Judgment of Strict Foreclosure. (Gutierrez, Y.) Modified on 7/10/2017, Wrong reset response due date. (Gutierrez, Y.). (Entered: 07/10/2017)
422017-07-10 Reset Responses Deadlines due by 7/11/2017 re: 37 MOTION to Strike 36 Answer to Complaint, Counterclaim dated May 25, 2017 and for Entry of Judgment of Strict Foreclosure. Responses due by 7/11/2017 (Gutierrez, Y.) (Entered: 07/10/2017)
432017-07-11 Second MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Default Judgment and Entry of Order of Strict Foreclosure Pursuant to Federal Rule of Civil Procedure 55(b)(2) as to Prayer Tabernacle Church of Love, Inc., 37 MOTION to Strike 36 Answer to Complaint, Counterclaim dated May 25, 2017 and for Entry of Judgment of Strict Foreclosure until 7/18/2017 by Prayer Tabernacle Church of Love, Inc.. (Cayo, Andre) (Entered: 07/11/2017)
442017-07-12 OBJECTION re 43 Second MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Default Judgment and Entry of Order of Strict Foreclosure Pursuant to Federal Rule of Civil Procedure 55(b)(2) as to Prayer Tabernacle Church of Lov filed by Foundation Capital Resources, Inc.. (Mayhew, Kristin) (Entered: 07/12/2017)
452017-07-13 First MOTION to Set Aside Default for Failure to Plead by Prayer Tabernacle Church of Love, Inc.. (Attachments: # 1 Exhibit Affidavit and Notice of Forecosure Mediation)(Cayo, Andre) (Entered: 07/13/2017)
45.1 Exhibit Affidavit and Notice of Forecosure Mediation
462017-07-17 ORDER RE PENDING MOTIONS TO STRIKE AND FOR EXTENSION OF TIME. Plaintiff's motion to strike defendant Prayer Tabernacle's answer and counterclaim (Doc. [37)] is GRANTED on the ground that the filing of the answer and counterclaim at this time is premature because of the pendency of plaintiff's motion for default judgment. Defendant Prayer Tabernacle's motion for extension of time (Doc. # 43 ) is GRANTED.(Responses due by 7/18/2017). Signed by Judge Jeffrey A. Meyer on 7/17/2017. (Gutierrez, Y.) (Entered: 07/17/2017)