Arnold v. CITIMORTGAGE, INC.

578 F. Supp. 2d 801, 2008 WL 4346306
CourtDistrict Court, D. Maryland
DecidedSeptember 11, 2008
DocketCivil Case RWT 07-2617, RWT 07-2722, RWT 07-3412, RWT 08-0038, RWT 08-2197
StatusPublished
Cited by2 cases

This text of 578 F. Supp. 2d 801 (Arnold v. CITIMORTGAGE, INC.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arnold v. CITIMORTGAGE, INC., 578 F. Supp. 2d 801, 2008 WL 4346306 (D. Md. 2008).

Opinion

MEMORANDUM OPINION

ROGER W. TITUS, District Judge.

From a review of the factual allegations in the pleadings in the above five cases, it appears that Kathleen Arnold and Timothy Cotten refinanced the mortgage on their home in Calvert County, Maryland. This relatively simple transaction, and those that necessarily evolved from it, apparently were not concluded or carried out in a manner satisfactory to the Plaintiffs. The result has been a veritable explosion of litigation in the Circuit Court for Calvert County, Maryland, the United States Bankruptcy Court for the District of Maryland, and this Court. That litigation has included claims against virtually every person or entity having had any involvement whatsoever with the refinancing at issue and attempts to enforce the loan made as a result of the refinancing.

In the United States Bankruptcy Court, a discharge granted to Ms. Arnold was, pursuant to her own motion, revoked and the proceedings were dismissed by Order entered February 28, 2007, by United States Bankruptcy Judge Thomas J. Catli-ota. Order Revoking Discharge and Dismissing Case, In re Kathleen Arnold, No. 05-13246 (Bankr.D.Md. Feb. 28, 2007). Therein, he noted that the filings she made have been filled with “vitriol, unsupported allegations of wrongdoing, and insults directed at virtually every entity that has been involved in this case, including the Court.” Id. at 2. He then noted that “[n]o party has filed an objection to the Motion, undoubtedly because no party wants to continue to have to deal with the Debtor.” Id. Judge Catliota further noted that “throughout this case, the Debtor has conducted herself in a way that is totally at odds with the Maryland State Bar Association Code of Civility and unacceptable to this Court.” Id. at 2-3. He lamented “her personal attacks on the United States Trustee and the Trial Attorney assigned to this case^ — for doing nothing other than properly filing a motion to convert the case from Chapter 11 to Chapter 7 (which the Court granted).” Id. at 3. Judge Catliota observed that according to Ms. Arnold, “practically everyone associated with this case has committed fraud or is impartial [sic], incompetent or colluding against her. The list includes her first counsel, her second counsel, CitiMortgage, the United States Trustee, the inteiwener’s [sic] counsel and this Court.” Id. As a result of Judge Catliota’s Order, Ms. Arnold was *803 freed to pursue claims arising out of her refinancing, and CitiMortgage was at liberty to pursue efforts to enforce its mortgage.

Six weeks after the Order of Judge Cat-liota freeing Ms. Arnold to pursue her claims, she filed a multi-count Complaint for Monetary Damages and Other Relief against multiple defendants in the Circuit Court for Calvert County, Maryland. On May 23, 2007, Circuit Court Judge Marjorie L. Clagett entered an Order that contained a veritable primer on the Maryland Rules of Procedure, the conclusion of which was that the Plaintiffs complaint was stricken, as well as all of her other pleadings, but without prejudice to the Plaintiffs right to refile a complaint that complied with the Maryland Rules of Procedure. Order, Arnold v. Citimortgage, Inc., No. C-07-353 (Md.Cir.Ct. May 23, 2007). No appeal was taken by Ms. Arnold, and she did not refile her complaint in that case.

Rather than take advantage of the tutorial provided by Judge Clagett, Ms. Arnold, sometimes joined by Mr. Cotten, initiated five different proceedings in the Circuit Court for Calvert County, which all relate, in one form or another, to the refinancing of the Calvert County residence and any person or entity having any involvement whatsoever with the transaction, or the enforcement of obligations arising out of it. All of these matters have been removed to this Court, and there are now a myriad of motions pending before this Court for disposition.

Rarely does a time arise when a Court must say to a litigant: “Enough.” This is one of them. Ms. Arnold and Mr. Cotten may have meritorious claims, but they simply must not pursue them in willful disregard of the Federal Rules of Civil Procedure. “[Fjederal courts have the power and obligation to protect themselves from abusive filing of frivolous and repetitive claims.” McMahon v. F & M Bank-Winchester, 45 F.3d 426 (4th Cir.1994) (unpublished). “The [Cjourt has a responsibility to prevent single litigants from unnecessarily encroaching on the judicial machinery needed by others.” See Procup v. Strickland, 792 F.2d 1069, 1073 (11th Cir.1986) (en banc).

The Complaints in these cases are incoherent and difficult, at best, to read. The Federal Rules of Civil Procedure require pleadings to set forth “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civil P. 8(a)(2). Each allegation must be “simple, concise and direct.” Id. at 8(d)(1). The numerous complaints filed by the Plaintiffs are neither short nor plain. They are inconsistent, confusing, overlapping and laced with vitriol and venom, entirely inappropriate for inclusion in a complaint before this Court.

The Plaintiffs are reminded of Rule 11 of the Federal Rules of Civil Procedure which provides that by signing and filing a pleading, an unrepresented party is certifying to the best of the person’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evi-dentiary support or, if specifically so identified, .will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

*804 Rule 11 also provides that if the Court determines that the above requirement has been violated, the Court may impose an appropriate sanction on any party that has violated the rule.

The Plaintiffs are not free to file cases before this or any other court without any limitations whatsoever. The Complaints in the above five cases presently pending before this Court contain a total of 447 pages, a number that is grossly excessive in relation to the requirement of Rule 8 that a claim be stated in short and plain terms.

The litigation before this Court must be subject to reasonable controls, and the Court will now exercise that control.

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Bluebook (online)
578 F. Supp. 2d 801, 2008 WL 4346306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-citimortgage-inc-mdd-2008.