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Liebman v. Deutsche Bank Nat'l Trust Co.

United States District Court, D. Columbia.

February 11, 2014

JAY LIEBMAN, et al., Plaintiffs,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, et al., Defendant

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[Copyrighted Material Omitted]

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DR. JAY LIEBMAN, Plaintiff, Pro se, Hallandale Beach, FL.

DR. ANDREA LIEBMAN, Plaintiff, Pro se, Hallandale Beach, FL.

For DEUTSCHE BANK NATIONAL TRUST COMPANY, As Trustee For The Registered Holders Of CDC Mortgage Pass Through Certificates, Series 2003-HE4 CDC Mortgage Capital Trust, DR. JOSEPH ACKERMAN, Individually & Severally, DR. HUGO BANZIGER, Individually & Severally, ANSHU JAIN, Individually & Severally, JURGEN FITSCHIEN, Individually & Severally, RAINER NESKE, Individually & Severally, HERMANN-JOSEF LAMBERTI, Individually & Severally, STEFAN KRAUSE, Individually & Severally, KEVIN PARKER, Individually & Severally, PIERRE DE WECK, Individually & Severally, CLEMENS BORSIG, MICHAEL COHRS, OCWEN LOAN SERVICING LLC, WILLIMA C. ERBEY, Individually & Severally, RONALD FARRIS, Individually & Severally, ADAM HARTLEY, Individually & Severally, SCOTT SHERMAN, Individually & Severally, BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C., Defendants: Christopher M. Corchiarino, LEAD ATTORNEY, GOODELL, DEVRIES, LEECH & DANN, LLP, Baltimore, MD.

For MARC SCHUMACHER, Individually & Severally, Defendant: John J. Bajger, LEAD ATTORNEY, FLORIDA OFFICE OF THE ATTORNEY GENERAL, Civil Litigation Division, West Palm Beach, FL.

OPINION

COLLEEN KOLLAR-KOTELLY, UNITED STATES DISTRICT JUDGE.

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MEMORANDUM OPINION

Plaintiffs Jay and Andrea Liebman bring this action pro se challenging the judicial foreclosure of their property as well as the servicing of their mortgage prior to the foreclosure. Presently before the Court are several motions to dismiss filed by various groups of Defendants in this case. Upon consideration of the parties' submissions,[1] the applicable authorities, and the entire record, the Court shall GRANT (1) Defendant Judge Schumacher's [25] Motion to Dismiss Amended Complaint with Prejudice, (2) Defendants Ocwen Loan Servicing LLC and Deutsche

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Bank's [17] Motion to Dismiss Plaintiffs' Amended Complaint, (3) Defendants Adam Hartley, Scott Sherman, and Baker Donelson Bearman Caldwell & Berkowitz's [18] Motion to Dismiss Plaintiffs' Amended Complaint, and (4) Defendants William C. Erbey, Ronald M. Farris, Joseph Ackerman, Hugo Banziger, Anushu Jain, Jurgen Fitschein, Rainer Neske, Herman-Josef Lamberti, Stefan Krause, Kevin Parker, Pierre De Weck, Clemens Borsig, and Michael Cohrs' [29] Motion to Dismiss Plaintiffs' Amended Complaint. The Court shall also GRANT Defendant Deutsche Bank's [24] Motion to Strike Affidavit of Default Filed by Plaintiffs Against the Trust or in the Alternative Response to Affidavit of Default. The remaining Defendants in this action are dismissed for failure to serve pursuant to this Court's January 14, 2014 [34] Order. Because this Court concludes that it lacks subject matter jurisdiction over claims relating to the propriety of the judicial foreclosure of Plaintiffs' property that have already been decided in Florida state court, this case is dismissed with prejudice to the extent it challenges this judicial foreclosure. To the extent Plaintiffs bring claims that are independent from a challenge to this judicial foreclosure proceeding, these claims are dismissed without prejudice for improper venue and failure to serve. Accordingly, this action is hereby dismissed in its entirety.

I. BACKGROUND

Plaintiffs Jay and Andrea Liebman are Florida residents who have brought suit against Deutsche Bank National Trust Company (" Deutsche Bank" ) and a series of individuals and businesses involved in a foreclosure action against their home. Specifically, Plaintiffs sue Deutsche Bank, Joseph Ackerman, Hugo Banziger, Anshu Jain, Jurgen Fitschien, Rainer Neske, Hermann-Josef Lamberti, Stefan Krause, Kevin Parker, Pierre De Weck, Clemens Borsig, Michael Cohrs, Ocwen Loan Servicing LLC, Reena Ruzario, William C. Erbey, Ronald Farris, Ashresh Pandey, Judge Marc Schumacher, Adam Hartley, Scott Sherman, an individual named only as Mr. Baker, an individual named only as Mr. Donelson, an individual named only as Mr. Bearman, an individual named only as Mr. Caldwell, an individual named only as Mr. Berkowitz, an individual named only as Mr. Koplowitz, an individual named only as Mr. Ostrow, five John Doe Defendants (" John Does 1-5" ), the Dade County Circuit Court, Kopelowitz Ostrow P.A., Elizabeth Wellborn, Yasmin Chew-Alexis, Brian Koplowitz, Jeffrey Ostrow, Baker Donelson Bearman Caldwell & Berkowitz P.C., and Chantel Grant.[2] Am. Compl. at 1-2. Plaintiffs contend that foreclosure on their home by Deutsche Bank in Florida state court " is presently pursued under color of law with no standing." Id. at 3. Specifically, Plaintiffs allege that Deutsche Bank has no proof that it owns the loan related to their home, and, based on allegedly abusive billing practices in the past, has improperly asserted that Plaintiffs are in default on their home loan. Id. at 3-4. Plaintiffs allege a conspiracy led by Deutsche Bank among all the Defendants, including the state court judge presiding over the ...


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