Boscarino v. People's United Bank, N.A.
ORDER RE EVIDENTIARY HEARING: As set forth in the attached Order, the court will hold an evidentiary hearing with respect to the plaintiff's standing. No later than 4/7/17, the plaintiff shall provide the specified documents and information to counsel for the defendant (with a copy to chambers). The motion to dismiss (Doc. No. 29 ) is hereby DENIED without prejudice. Signed by Judge Alvin W. Thompson on 3/30/17. (Rafferty, M.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
-------------------------------THOMAS C. BOSCARINO, CHAPTER 7
PEOPLE’S UNITED BANK, N.A.,
Civil No. 3:16-cv-69(AWT)
ORDER RE EVIDENTIARY HEARING
Key to a determination on the issue of standing in connection
with the motion to dismiss filed by defendant People’s United
Bank, N.A. is the question of whether Ittleson Trust 2010-1 and
Ittleson Whitehall Hotel, LLC had absolutely and irrevocably
assigned the causes of action alleged in the Trustee’s complaint
to the Debtor’s bankruptcy estate such that they were, prior to
the filing of this action, property of the estate.
United Bank, in its opposition, raises a material question with
respect to this issue, and the court does not find the answer to
that question in the documents that have been submitted with the
“Article III standing needs to be established, not merely
pleaded, in order to give a federal court the authority to
exercise . . . jurisdiction.”
All. for Envtl. Renewal, Inc. v.
Pyramid Crossgates Co., 436 F.3d 82, 86 n.4 (2d Cir. 2006).
“[O]nce the Defendant[’s] motion to dismiss for lack of
jurisdiction under Fed. R. Civ. P. 12(b)(1) put[s] the
Plaintiff[’s] Article III standing in issue, the District Court
has leeway as to the procedure it wishes to follow.”
Id. at 87-88
(footnotes omitted) (citing Gibbs v. Buck, 307 U.S. 66, 71-72
The court concludes that under the circumstances in this
case, it is most appropriate that the court hold an evidentiary
hearing with respect to the assignments.
See id. at 88 (“[I]f a
genuine dispute of material fact exists, the Court may conduct a
hearing limited to Article III standing.”).
No later than April 7, 2017, the Trustee shall provide to
counsel for People’s United Bank (with a copy to chambers):
(1) all documents executed in connection with the assignments, and
(2) the names of the individuals who effectuated the assignments.
Chambers will contact counsel to schedule the evidentiary hearing.
People’s United Bank, N.A.’s Motion to Dismiss the Complaint
for Lack of Subject Matter Jurisdiction and Failure to State a
Claim (Doc. No. 29) is hereby DENIED without prejudice to renewal
and supplementation, if desired, after the evidentiary hearing.
It is so ordered.
Signed this 30th day of March, 2017, at Hartford,
Alvin W. Thompson
United States District Judge
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