Hunter v. Christina Trust et al

Filing 22

ORDER denying 21 Motion for Temporary Restraining Order; denying 21 Motion for Preliminary Injunction. Signed by Judge Robert N. Scola, Jr. on 10/7/2015. (rss)

United States District Court
for the
Southern District of Florida
Carlton Hunter, Jr., Plaintiff
v.
Christiana Trust, a division of
Wilmington Savings Fund Society,
FSB as trustee of ARLP Trust 2, Bank
of America, N.A., Florida Foreclosure
Attorneys, PLLC, Defendants

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) Civil Action No. 15-22993-Scola
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Order Denying Emergency Motion For Temporary Restraining Order
Carlton Hunter, Jr. askes the Court to issue a temporary restraining
order and preliminary injunction preventing the Defendants from “attempting
to consummate a sale of the subject property at issue.” (Mot. 1, ECF No. 21.)
The Court denies the motion for two reasons. First, the Court is uncertain if it
has subject-matter jurisdiction over this case, and the inclusion of a Floridabased limited liability company strongly suggests that the Court does not have
jurisdiction. (See Order Requiring 2d Am. Compl. 2, ECF No. 20.) Second, the
motion askes the Court to enjoin the state-court foreclosure proceedings. But
“[t]he Anti–Injunction Act prohibits a federal court from ‘grant[ing] an
injunction to stay proceedings in a State court except as expressly authorized
by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or
effectuate its judgments.’” Mercer v. Sechan Realty, Inc., 569 F. App’x 652, 655
(11th Cir. 2014) (quoting 28 U.S.C. § 2283). Hunter has not presented any
argument that this case falls within any of the exceptions to the AntiInjunction Act.
After considering the motion, the record, and the relevant legal
authorities, the Court denies the emergency motion for a temporary restraining
order and preliminary injunction (ECF No. 21).
Done and ordered at Miami, Florida on October 7, 2015.
_______________________________
Robert N. Scola, Jr.
United States District Judge