Cardoni v. Eastern Savings Bank et al

Filing 4

MEMORANDUM. Signed by Judge James K. Bredar on 1/26/12. (dass, Deputy Clerk) (c/m Plaintiff 1/26/12-das)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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TEENA L. CARDONI,

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Petitioner

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v.

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EASTERN SAVINGS BANK et al.,

CIVIL NO. CCB-12-0255

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Respondents

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MEMORANDUM
This matter came on for hearing on Petitioner’s pro se emergency ex parte petition for a
temporary restraining order and preliminary injunction to stay the eviction of Petitioner and her
family from their home on January 26, 2012, by the Baltimore County (Maryland) Sheriff’s
Department. (ECF No. 1.) Present at the hearing were Petitioner and, via telephone, H. Scott
Curtis, Esquire, Chief Counsel of the Courts and Judicial Affairs Division, Maryland Office of
the Attorney General, and C. Larry Hofmeister, Esquire, attorney for Eastern Savings Bank, the
lender on Petitioner’s home.
Although Petitioner asserted this Court has jurisdiction in this matter because
Respondents do substantial business within this district and the controversy involves real
property and because of the Erie Doctrine established in Erie R.R. v. Tompkins, 304 U.S. 64
(1938), the Court finds it is without subject-matter jurisdiction to consider the merits of the
petition. Petitioner’s remedy appears to lie exclusively in Maryland state courts, based upon the
current posture of the matter. Accordingly, a separate order will be entered denying the petition
and closing the case.

DATED this 26th day of January, 2012.

BY THE COURT:

/s/
James K. Bredar
United States District Judge

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