Foundation Capital Resources, Inc. v. Prayer Tabernacle Church of Love, Inc. et al

Filing 250

ORDER granting in part and denying in part 193 Motion for Order in Aid of Execution; adopting 245 Recommended Ruling. For the reasons stated in the attached ruling, the Court GRANTS in part and DENIES in part the motion of plaintiff Foundation Capital pursuant to Fed. R. Civ. P. 70 (Doc. # 193 ). Consistent with the report and recommendation of Judge Farrish, the motion is GRANTED with respect to the properties known as 729 Union Avenue, 1243 Stratford Avenue, and 1277 Stratford Avenue but is DENIED with respect to the properties known as 851 Central Avenue and 1065 Central Avenue. To the extent necessary for effectuation of this order and to identify the specific purported tenants subject to the order, plaintiff Foundation Capital shall file a proposed order or other process for the Court's review on or before September 3, 2021. Signed by Judge Jeffrey A. Meyer on 08/30/2021. (Gilles, E.)

Case 3:17-cv-00135-JAM Document 250 Filed 08/30/21 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
FOUNDATION CAPITAL RESOURCES,
INC.,
Plaintiff,
v.

No. 3:17-cv-00135 (JAM)

PRAYER TABERNACLE CHURCH OF
LOVE, INC.,
Defendant.
ORDER GRANTING IN PART AND DENYING IN PART
MOTION FOR ORDER IN AID OF EXECUTION
This is a real estate foreclosure action in which the plaintiff Foundation Capital
Resources, Inc. (“Foundation Capital”) has obtained a judgment of strict foreclosure and order of
possession with respect to several properties in Bridgeport, Connecticut, that were formerly
owned by the defendant Prayer Tabernacle Church of Love, Inc. (“Prayer Tabernacle”). 1
After a state marshal served writs of execution for ejectment for some of the properties at
issue, Prayer Tabernacle resisted on the ground that the properties were leased to tenants who
could not be compelled to vacate the premises absent the procedural protections of state eviction
law. Disputing that the claimed tenancies are genuine, Foundation Capital moved in turn for an
order in aid of execution pursuant to Fed. R. Civ. P. 70 and seeking an order directing the
purported tenants to vacate the premises within ten days. 2

See generally Foundation Cap. Resources, Inc. v. Prayer Tabernacle Church of Love, Inc., 2020 WL 967466 (D.
Conn. 2020).

1

2

Doc. #193.

1

Case 3:17-cv-00135-JAM Document 250 Filed 08/30/21 Page 2 of 2

I referred the motion to U.S. Magistrate Judge Thomas O. Farrish to conduct a hearing
and to issue a report and recommended ruling. Judge Farrish did so and has recommended that I
grant the motion in part and deny the motion in part. 3
Foundation Capital has not objected to Judge Farrish’s ruling and recommendation.
Prayer Tabernacle has filed an objection, and Foundation Capital has filed a response to the
objection. 4
I agree with the reaons that have been well and comprehensively stated by Judge Farrish
for granting in part and denying in part Foundation Capital’s motion. Having carefully reviewed
and considered Prayer Tabernacle’s objections, I conclude that the objections are without merit
for substantially the reasons stated by Foundation Capital in its response.
Accordingly, the Court GRANTS in part and DENIES in part the motion of plaintiff
Foundation Capital pursuant to Fed. R. Civ. P. 70 (Doc. #193). Consistent with the report and
recommendation of Judge Farrish, the motion is GRANTED with respect to the properties
known as 729 Union Avenue, 1243 Stratford Avenue, and 1277 Stratford Avenue but is
DENIED with respect to the properties known as 851 Central Avenue and 1065 Central Avenue.
To the extent necessary for effectuation of this order and to identify the specific purported
tenants subject to the order, plaintiff Foundation Capital shall file a proposed order or other
process for the Court’s review on or before September 3, 2021.
Dated at New Haven, Connecticut, this 30th day of August 2021.
/s/ Jeffrey Alker Meyer
Jeffrey Alker Meyer
United States District Judge

3

Doc. #245.

4

Docs. #247, #248.

2