United States District Court, D. Columbia
CHRISTOPHER STOLLER, Plaintiff, Pro se, Chicago, IL.
STOLLER, Plaintiff, Pro se, Chicago, IL.
M. COLLYER, United States District Judge.
Stoller, acting pro se, sues to enjoin the sale of his home
in foreclosure. As explained below, the motion will be denied
and the Complaint will be dismissed for lack of jurisdiction.
here are Christopher and Michael Stoller. The Complaint
alleges that Michael Stoller is the current owner of "
the Stoller family home," i.e., real property
located at 28437 N. 112th Way, Scottsdale, Arizona 85262.
Compl. [Dkt. 1] ¶ ¶ 50 n.4, 56-57. Michael Stoller
allegedly assigned to Christopher Stoller " any and all
cause of action, remedies or claims and the right to
prosecute such causes of action in the name of the
assignor." Id. ¶ 50 n.4; see also
Compl., Ex. 1 (Michael Stoller's assignment of rights to
Christopher Stoller); Mot. for TRO [Dkt. 2] ¶ 1
(Christopher Stoller " holds rights to the
property" on 112th Way in Scottsdale, Arizona). The
Complaint seeks a temporary restraining order, preliminary
injunction, and pre-sale injunction to prevent an alleged
fraudulent mortgage foreclosure and trustee sale to take
place on October 28, 2015. Compl. ¶ ¶ 56-61; see
also Compl., Ex. 8 (Notice of Trustee Sale). Christopher
Stoller also filed a motion to enjoin the foreclosure sale.
Mot. for TRO ¶ ¶ 2-3.
Christopher Stoller signed the Complaint and motion. A
litigant may proceed in federal court on behalf of himself or
by properly admitted counsel, see 28 U.S.C. §
1654, but a layman cannot represent another person in a court
proceeding, see Georgiades v.
Martin-Trigona, 729 F.2d 831, 834, 234 U.S.App.D.C. 345
(D.C. Cir. 1984). Michael Stoller did not sign the Complaint
or the motion for injunctive relief, and no counsel has
appeared for him. Christopher Stoller, as a pro se
co-plaintiff, cannot represent Michael Stoller. Accordingly,
Michael Stoller will be dismissed as a party to this suit.
entire Complaint arises from the pending foreclosure sale.
Compl. ¶ 62 (" This case involves a fraudulent
mortgage foreclosure and the practices of Defendants in
connection with Ocwen's racketeering." ). The
Complaint names 50 Defendants, each allegedly connected to
the mortgage and the pending foreclosure sale: Ocwen
Financial Corporation (Ocwen) and numerous Ocwen officers and
directors; Western Progressive-Arizona, Inc., a loan
servicing company; Premium Title Service, Inc., a title
insurer; Altisource Portfolio Solutions, S.A., a financial
services corporation, and its counsel; Counsel to Ocwen's
officers and directors; Office of Mortgage Settlement
Oversight and Monitor Joseph Smith; Bradley Arant Boult
Cummings, LLP, a law firm, and its partners; Ocwen employees;
Wright Finlay & Zak, LLP, a law firm, and its partners;
Litton Loan Servicing, LP, acquired by Ocwen in September
2011; Homeward Residential Holdings, Inc. and American Home
Mortgage Service, Inc., servicers of residential mortgages;
and John Does 1-10, alleged to be Defendants' lawyers,
predecessors, partners, associates, agents, employees,
affiliates, and subsidiaries. See Compl. ¶
¶ 1-50, 69-91. The Complaint alleges 19 counts:
Count 1--Violation of the Fair Debt Collection Practices Act,
15 U.S.C. § 1692;
Count 2--Violation of Discharge Injunction under 11 U.S.C.
§ 524 (alleging that the debts of Phillip Stone,
Christopher Stoller's predecessor in interest in the
property, were discharged in bankruptcy);
Count 3--Failure to Comply with Applicable Law (
i.e., failure to provide notice of the foreclosure
sale under federal and State law);
Count 4--Document Fraud;
Count 5--Counterfeiting and Forgery;
Count 6--Civil Rights ( i.e., violation of due
process due to failure to provide notice of ...