Osantowski et al v. Option One Mortgage Company

Filing 5

ORDER denying 3 Motion to Stay Execution of Eviction. Signed by Magistrate Judge Charles E Binder. (JBro)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JASON OSANTOWSKI and CATHERINE OSANTOWSKI, Plaintiffs, v. OPTION ONE MORTGAGE COMPANY, Defendant. / ORDER DENYING PLAINTIFFS' EX PARTE EMERGENCY MOTION FOR STAY OF EXECUTION OF EVICTION
This order is entered under the authority given to this Magistrate Judge in an Order of Reference issued by District Judge Ludington pursuant to 28 U.S.C. § 636(b)(1)(A).

CASE NO. 09-CV-12079 DISTRICT JUDGE THOMAS LUDINGTON MAGISTRATE JUDGE CHARLES BINDER

I.

INTRODUCTION Plaintiffs, proceeding pro se, filed this action on May 29, 2009. Their complaint states that

they entered into a mortgage with Defendant Option One Mortgage Company ("OOMC") in 2004. (Compl., Doc. 1 ¶ 3.) The complaint asserts that Defendant OOMC obtained a foreclosure in Huron County Circuit Court on the basis of an "invalid note and mortgage" and alleges violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., the Truth in Lending Act, 15 U.S.C. § 1601 et seq., and other federal and state statutes. Plaintiffs seek $7 million in actual damages and $21 million in punitive damages. (Compl., Doc. 1 at 4.) On June 4, 2009, Plaintiffs filed an "Ex Part[e] Emergency Motion for Stay of Execution of Eviction." (Doc. 3.) In this motion, Plaintiffs request that this Court enjoin an eviction which apparently is scheduled to occur in the near future, although Plaintiffs have not stated a particular date.

II.

ANALYSIS Federal district courts lack jurisdiction to directly review the judgments of state courts. See

District of Columbia Ct. of Appeals v. Feldman, 460 U.S. 462, 103 S. Ct. 1303, 75 L. Ed. 2d 206 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S. Ct. 149, 68 L. Ed. 362 (1923). Courts have consistently applied the Rooker-Feldman doctrine to claims requesting review of a state court's eviction and foreclosure proceedings. See, e.g., Austin v. Countrywide Home Loans, No. 08-15127, 2008 WL 4954617, at *1 (E.D. Mich. Nov. 18, 2008); Berry v. Ocwen Loan Servs., LLC, No. 08-13760, 2008 WL 4648123, at *2 (E.D. Mich. Oct.21, 2008); Jones v. Heartland Home Fin. Corp., No. 07-14398, 2008 WL 4561693, at *2 (E.D. Mich. Oct.10, 2008). Therefore, this Court does not have jurisdiction to enjoin this eviction from proceeding.

III.

CONCLUSION Accordingly, IT IS HEREBY ORDERED that Plaintiffs' motion for injunctive relief and

temporary restraining order is DENIED. Review of this Order is governed by 28 U.S.C. § 636(b)(1), FED. R. CIV. P. 72, and E.D. Mich. LR 72.1(d). s/ CHARLES E. BINDER United States Magistrate Judge
CERTIFICATION I hereby certify that this Order was electronically filed this date, served by first class mail on Jason and Catherine Osantowski at 119 W. Woodworth, Bad Axe, MI, 48413; and served on District Judge Ludington in the traditional manner. Date: June 9, 2009 By s/Jean L. Broucek Case Manager to Magistrate Judge Binder

Charles` E Binder

Dated: June 9, 2009