No. 21-524

Schlomit Ruttkamp v. Bank of New York Mellon, fka Bank of New York

Lower Court: Connecticut
Docketed: 2021-10-08
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 14th-amendment civil-procedure discovery due-process foreclosure judicial-sanctions mortgage-law notice property-rights sanctions
Key Terms:
AdministrativeLaw DueProcess FourthAmendment Jurisdiction
Latest Conference: 2022-01-21 (distributed 2 times)
Question Presented (from Petition)

Questions presented as follows:

Granting sanctions without the court's adequate notice of its intention to impose sanctions and the opportunity to be heard on the record and discovery of evidence is a violation of the due process clause of the 14th Amendment to the United States Constitution.

A judicial officer cannot constitutionally take a real property of a homeowner based upon foreclosure mortgage to which the homeowner was not an obligor/mortgagor, and the note ruled unenforceable as a matter of law, without a violation of the due process clause of the 14th Amendment, the statute of state and federal constitutional right to due process of law.

A judicial officer cannot constitutionally participate in "[a] scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises... ".

Question Presented (AI Summary)

Whether granting sanctions without adequate notice and opportunity to be heard violates due process

Docket Entries

2022-01-24
Rehearing DENIED.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2021-12-27
2021-12-06
Petition DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-10-22
Waiver of right of respondent Bank of New York Mellon to respond filed.
2021-10-05
Petition for a writ of certiorari filed. (Response due November 8, 2021)

Attorneys

Bank of New York Mellon
Dorothy Ann DavisEckert Seamans Cherin & Mellott, LLC, Respondent
Schlomit Ruttkamp
Shlomit Ruttkamp — Petitioner