Vassel v. Firststorm Properties 2 LLC et al

Filing 53

PERMANENT INJUNCTION The filing injunction previously entered by the court is modified herein. The Clerk of Court is respectfully requested to mail a copy of this order to plaintiff Vassel at his address of record and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 10/23/2018. (Mazzurco, Vincent)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PAUL ANTHONY VASSEL, son of Vassel,
living man, Executor Ex Relatione
Paul Vassel,
Plaintiff,
-against-

ORDER
17-CV-691(KAM)(RER)

FIRSTSTORM PROPERTIES 2, LLC;
FIRSTSTORM PARTNERS 2, LLC;
GREYSTONE BANK AKA GREYSTONE
MULTIUNIT, LLC & GREYSTONE COMPANY,
INC., TRUSTEE (TBD) AS TRUSTEE FOR
SECURITIZED TRUST (TBD) SERVICER
(TBD); MORTGAGE ELECTRONIC
REGISTRATION SYSTEM AKA “MERS”;
MICHAEL F. KING; PLAZA GARDENS REAL
ESTATE CORP.; WILLIAM MCDONALD;
MARK R. CASHMAN; ALBERT BASAL;
FARREL R. DONALD; STEPHEN SAMUEL
WEINGRAUB; DAVID GONGORA; JEFFREY
A. BODOFF; THE ABRAMSON LAW GROUP,
PLLC; OLD REPUBLIC NATIONAL TITLE
INSURANCE CO.; TRIMONT NATIONAL
REAL ESTATE ADVISORS; DOES 1-100,
Defendants.
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MATSUMOTO, United States District Judge:
The court assumes familiarity with the factual and
procedural history of this action.

As set forth more fully in

the prior orders of this court (see Order to Show Cause, ECF No.
25; April 19, 2017 Minute Entry and Order), and in the Mandate
issued by the Second Circuit on October 12, 2018 (“Mandate,” ECF
No. 52), pro se plaintiff Paul Anthony Vassel, son of Vassel,
living man, Executor Ex Relatione Paul Vassel (“Vassel”)

commenced this action against several defendants in connection
with a foreclosure proceeding initiated against him after he
defaulted on a mortgage.

This court dismissed Vassel’s

complaint as barred by both claim and issue preclusion, and
entered a filing injunction.
The Second Circuit subsequently affirmed the dismissal
of Vassel’s complaint, but vacated, in part, the filing
injunction and remanded this action to this court with
instructions to enter a revised injunction.
Mandate.)

(See generally

This Order is issued in compliance with the Mandate

of the Second Circuit.
Injunction
IT IS HEREBY ORDERED:
1)

Vassel, and any other individual or entity acting

or purporting to act on behalf of Vassel, are hereby ENJOINED
from commencing further lawsuits in the United States District
Court for the Eastern District of New York (i) relating to the
property located at 109-18 Merrick Boulevard, Jamaica, New York
(the “subject property”); (ii) relating to the commercial
mortgage on the subject property, the foreclosure on the
commercial mortgage on the subject property, and/or the sale of
the subject property; or (iii) against any person or entity
named as a defendant in the actions before this court assigned

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case numbers 10-CV-2356, 12-CV-5704, or 17-CV-691, 1 without first
obtaining leave of the United States District Court for the
Eastern District of New York in the manner set forth in this
Order;
2)

Vassel, and any other individual or entity acting

or purporting to act on behalf of Vassel, are further ENJOINED
from commencing any action in the United States District Court
for the Eastern District of New York, or in a New York State
Court from which an action may be removed, against any person or
entity named as a defendant in the actions before this court and
assigned case numbers 10-CV-2356, 12-CV-5704, or 17-CV-691,
without first obtaining leave of the United States District
Court for the Eastern District of New York in the manner set
forth in this Order;
3)

Vassel, and any other individual or entity acting

or purporting to act on behalf of Vassel, are further ENJOINED
from filing and serving any demands for information, writs, W-9,
1099, or other federal, state or local tax forms, and UCC forms,
concerning any named defendant or attorney in the 10-CV-2356
action, the 12-CV-5704 action, and the instant 17-CV-691 action;

Vassel also sought to remove to this court a state court holdover
proceeding in which Firststorm Properties 2, LLC, a named defendant in this
and other actions before this court, sought to evict a company affiliated
with Vassel from the premises at the foreclosed-upon property. (See Order
Remanding Action to State Court, Case No. 13-CV-987(KAM)(RER), ECF No. 4.)
This court remanded the action to state court shortly after Vassel filed the
Notice of Removal. (Id.)

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4)

Vassel is ORDERED to vacate all notices of

pendency against the subject property and all UCC filings
against defendants and/or their counsel; and
5)

Vassel, and any other individual or entity acting

or purporting to act on behalf of Vassel are further ORDERED to
attach a copy of this Order to any future claim, complaint, or
order to show cause filed in the United States District Court
for the Eastern District of New York, or in a New York State
Court from which an action may be removed against any person or
entity named as a defendant in the 10-CV-2356 action, the 12-CV5704 action, or the instant 17-CV-691 action.
6)

To obtain leave of the court to commence an

action as required by this Order, Vassel, and any other
individual or entity acting or purporting to act on behalf of
Vassel, must adhere to the following procedure:
a. First, the plaintiff must file a motion on the
Miscellaneous docket of the United States District
Court for the Eastern District of New York
captioned, “Motion Pursuant to Court Order Seeking
Leave to File.”
b. Second, as Exhibit 1 to that motion the plaintiff
must attach a copy of the proposed complaint.
c. Third, as Exhibit 2 to that motion, the plaintiff
must attach a copy of this Order.
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d. Fourth, and as Exhibit 3 to that motion, the
plaintiff must attach either a declaration prepared
pursuant to 28 U.S.C. § 1746 or a sworn affidavit
certifying that the claim he wishes to present is a
new claim that has never been raised by him in any
court.
e. Fifth, and as Exhibit 4 to that motion, the
plaintiff must identify, by listing the full
caption, each and every action previously filed or
caused to be filed by Vassel or on his behalf in any
court against each and every defendant to the suit
the plaintiff wishes to file.
f. Sixth, the plaintiff must attach as separate
exhibits to the motion required by this paragraph 6
a copy of each complaint he filed, or caused to be
filed, or filed on his behalf in an action
identified pursuant to paragraph

6(e), and a

certified record of its disposition (i.e., the first
such complaint and certified record of disposition
must be attached as Exhibit 5, the next such
complaint and certified record of disposition must
be attached as Exhibit 6, and any further
complaint(s) and certified record(s) of

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disposition(s) must also be attached, with exhibit
numbering continuing as necessary).
g. Seventh, the plaintiff must serve a copy of this
Order on each defendant if and when leave to serve
the complaint in the new case is granted.
7)

Failure to comply with foregoing procedure in

paragraph 6 may be sufficient grounds for a court to deny any
motion for leave to file a new action made by Vassel, and by any
other individual or entity acting or purporting to act on behalf
of Vassel.
8)

Further, the failure by Vassel, and by any other

individual or entity acting or purporting to act on behalf of
Vassel, to advise a court of this Order where Vassel, or any
other individual or entity acting or purporting to act on behalf
of Vassel, has filed a lawsuit that is subject to the terms of
this Order, or otherwise to comply with this Order, may be
considered by such court to be sufficient grounds to deny any
motion for leave to file an action and to sustain a motion to
dismiss such a lawsuit.

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9)

Finally, violation of the injunction set forth in

this Order will very likely result in sanctions, which may
include a monetary penalty and/or contempt.
The Clerk of Court is respectfully directed to mail a
copy of this Order to Vassel at his address of record, and to
note service on the docket.
SO ORDERED.
Dated:

October 23, 2018
Brooklyn, New York
___________/s/_______________
Hon. Kiyo A. Matsumoto
United States District Judge

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