Symonette et al v. Dade County et al

Filing 26

ORDER on Motions to Dismiss. Order granting 20 & 25 Motions to Dismiss. The Court directs the Clerk to close this case. Signed by Judge Robert N. Scola, Jr on 4/5/2019. See attached document for full details. (kpe)

United States District Court
for the
Southern District of Florida
Maurice Symonette and others,
Plaintiffs,
v.
JP Morgan Chase Bank, and
others, Defendants.

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Civil Action No. 18-21782-Civ-Scola
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Order on Motions to Dismiss
This matter is before the Court on Defendants’ Motions to Dismiss (ECF
Nos. 20, 25). This case is yet another lawsuit brought by Plaintiffs Maurice
Symonette and his associates to prevent a foreclosure in state court. See
Symonette v. Aurora Loan Services, LLC, No. 13-24142, 2014 WL 11380946 (S.D.
Fla. March 1, 2014) (Huck, J.). By Defendants’ count, this is the ninth case of
its kind. (ECF No. 20 at 2.) As a result of Plaintiffs’ litigation tactics, they have
been prevented from filing certain documents with the state court. Judge Isicoff,
a bankruptcy judge in the Southern District of Florida, barred Plaintiffs from
filing any further bankruptcy actions in any district in the United States for a
period of five years. (Id.) Plaintiffs have even named as a defendant Judge
Barbara Areces, a Miami-Dade County Circuit Court Judge, in an effort to
invalidate her order in the underlying foreclosure case. (ECF No. 25.)
Here, the Plaintiffs once again seek relief from a foreclosure judgment
entered against them in the Circuit Court of Miami-Dade County in July 2009.
Defendants JPMorgan Chase, Washington Mutual Bank, and Judge Areces
moved to dismiss the complaint. (ECF Nos. 20, 25.) The Plaintiffs have failed to
respond to either motion to dismiss or otherwise move for an extension of time
to respond. Therefore, pursuant to Local Rule 7.1(c), the motions to dismiss (ECF
Nos. 20, 25) are granted by default. Furthermore, upon review of JP Morgan
Chase’s motion to dismiss and Judge Areces’s motion to dismiss and the history
of Plaintiffs’ abusive litigation tactics, the court dismisses the case with
prejudice. Symonette, 2014 WL 11380946 at *1.
The Court directs the Clerk to close this case.
Done and ordered at Miami, Florida on April 5, 2019.
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Robert N. Scola, Jr.
United States District Judge