POBLETE v. RESIDENTIAL CREDIT OPPORTUNITIES TRUST
Filing
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MEMORANDUM OPINION re: 2 Plaintiff's Motion for Temporary Restraining Order. Please see the attached Memorandum Opinion for additional details. The Clerk's Office is hereby directed to ensure that any future filings by Plaintiff comply with the Order attached as an appendix to this Memorandum Opinion. Signed by Judge Amit P. Mehta on 11/29/2017. (lcapm1)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
U.S. BANK NATIONAL ASSOCIATION,
Plaintiff,
Civil Action No. 15-312 (BAH)
Chief Judge Beryl A. Howell
v.
LUIS IVAN POBLETE, et al.,
Defendants.
ORDER
Upon consideration of the plaintiff’s Motion for Discovery Sanctions, to Modify
Scheduling Order, and to Enter Default Judgment Against Defaulted Defendants, ECF No. 41,
the related legal memoranda and exhibit in support, and the entire record herein, for the reasons
set forth in the accompanying Memorandum Opinion, it is hereby
ORDERED that the plaintiff’s Motion for Discovery Sanctions, in the form of a default
judgment on Counts IV, VI, and VII, against defendant Luis Ivan Poblete is GRANTED; and it
is further
ORDERED that the plaintiff’s Motion to Enter Default Judgment Against Defaulted
Defendants 1921 Rosedale Street Trust and Warmoesstraat Trust on Counts IV, VI, and VII is
GRANTED; and it is further
ORDERED that defendant Poblete and any persons or entities acting at his behest,
including the defendants 1921 Rosedale Street Trust and Warmoesstraat Trust, are enjoined from
any subsequent filing in any federal court or District of Columbia Superior Court without first
obtaining leave from this Court, which leave shall be sought by filing a motion captioned
“Application Pursuant to Court Order Seeking Leave to File” that attaches a copy of the
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proposed filing and today’s Order and certifies, under penalty of perjury, that the claims raised
are new claims never before raised or disposed of by any federal court and are not frivolous or
made in bad faith; and it is further
ORDERED that defendant Poblete and any persons or entities acting at his behest,
including the defendants 1921 Rosedale Street Trust and Warmoesstraat Trust, are enjoined from
(1) recording or attempting to record any documents relating to the real property located at 1921
Rosedale Street N.E., Washington, D.C. (the “Property”) with the District of Columbia Recorder
of Deeds or any other governmental body that would accept such documents, (2) making any
claim whatsoever to any right, title or interest in the Property, including any claim to possession,
(3) entering the Property, and (4) interfering with the right of the plaintiff and/or its successors in
interest to quiet enjoyment of the Property; and it is further
ORDERED that the plaintiff’s Motion to Modify Scheduling Order is GRANTED to the
extent additional briefing on damages is required, and is otherwise moot; and it is further
ORDERED that the plaintiff shall, by February 28, 2017, file any dispositive motion for
damages arising from Counts IV, VI, and VII, along with supporting documentation, or this
Order shall become final and appealable on that date. If any such motion is filed, the defendants
shall, by March 14, 2017, file any response to that motion, or the Court may deem the motion
conceded; and the plaintiff, shall, by March 21, 2017, file any reply in support of that motion.
Digitally signed by Hon. Beryl A.
Howell
DN: cn=Hon. Beryl A. Howell,
o=U.S. District Court for the
District of Columbia, ou=Chief
Judge,
email=Howell_Chambers@dcd.u
scourts.gov, c=US
Date: 2017.02.14 14:06:21 -05'00'
SO ORDERED
Date: February 14, 2017
__________________________
BERYL A. HOWELL
Chief Judge
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