No. 22-169

Jay Lin, et ux. v. Hudson City Savings Bank, et al.

Lower Court: Third Circuit
Docketed: 2022-08-24
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure debt-collection due-process fair-debt-collection-practices-act fdcpa federal-court-procedure federal-rules-of-civil-procedure judicial-ethics procedural-rules recusal
Latest Conference: 2022-10-14
Question Presented (from Petition)

The case started as a falsely debt collection case in New Jersey State Courts with the New Jersey Court Judges accepted personal, private, and secretive Stipulation from Defendant to overlook Defendant's violation of FDCPA. In the Federal FDCPA violation case that Plaintiff brought against Defendants, the New Jersey District Court judge circumvented his recusal by suspending FRCP R. 7.1 corporate disclosure statement requirement and afterward declared an exception to R. 7.1 requirement to the FDCPA case. The judge of Court of Appeals for the Third Circuit circumvented the recusal by issuing Defendant a waiver to exempt the FRAP R. 26.1 corporate disclosure statement requirement.

The questions presented are:

1. Must a reviewing court strictly adhere to Federal Rule of Appellate Procedure Rule 26.1 requirement that a nongovernmental corporate party to a proceeding in a court of appeals must file a statement identifying all its parent corporations and listing any publicly held company that owns 10% or more of the party's stock as other Circuits have held.

2. The Court should revisit Henson et al. v. Santander Consumer USA Inc. 582 U.S. 137 S. Ct. 1718 (2017) to resolve a clear violation on FRAP and FDCPA clear standard.

3. The Petition is an ideal vehicle to review the New Jersey Courts in lack of judicial ethics codes permitted the judges to accepted personal, private, secretive Stipulation from the counsels and circumvented FRAP(2017), R. 26.1 and FRCP R. 7.1 recusal.* (National interest, important and recurring)

Question Presented (AI Summary)

Whether the New Jersey District Court judge erred in circumventing his recusal by suspending FRCP R. 7.1

Docket Entries

2022-10-17
Petition DENIED.
2022-09-28
DISTRIBUTED for Conference of 10/14/2022.
2022-09-22
Waiver of right of respondent Parker McCay, P.A. to respond filed.
2022-09-16
Waiver of right of respondents M & T Bank, as successor by merger to Hudson City Savings Bank, s/h/a "Hudson City Bank," and M & T Bank to respond filed.
2022-06-27
Petition for a writ of certiorari filed. (Response due September 23, 2022)

Attorneys

Jay Lin, et al.
Jay J. Lin — Petitioner
M & T Bank, as successor by merger to Hudson City Savings Bank, s/h/a "Hudson City Bank," and M & T Bank
James P. BergParker Ibrahim & Berg LLP, Respondent
Parker McCay, P.A.
Andrew Christopher SaylesConnell Foley, LLP, Respondent