BAKER LEGACY PRESERVATION TRUST, by its Trustee, SHAWN BAKER v. U.S. BANK TRUST NATIONAL ASSOCIATION, et al.

District Court, D. New Jersey·Decided May 5, 2026·No. 2:26-cv-00686·Unknown

Opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

BAKER LEGACY PRESERVATION TRUST No. 26-cv-686 (WY), by its Trustee, SHAWN BAKER,

Plaintiff, MEMORANDUM ORDER v. U.S. BANK TRUST NATIONAL ASSOCIATION, et al., Defendants. CECCHI, District Judge. Before the Court is pro se plaintiff Shawn Baker’s (“Plaintiff”) motions for a temporary restraining order, ECF No. 16 (“TRO Mot.”), and for a preliminary injunction,1 ECF No. 6 (“PI Mot.”). For the reasons stated below, the Court will deny Plaintiff’s requests for injunctive relief. On January 21, 2026, Plaintiff filed (1) a complaint against U.S. Bank Trust National Association, the Union County Sherrif, and Coldwell Banker Real Estate Services, LLC (“Defendants”) and (2) a motion for a temporary restraining order. ECF No. 1 (“Compl.”); ECF No. 2. In the complaint, Plaintiff seeks “declaratory and injunctive relief to restrain ongoing and imminent enforcement of a state-court foreclosure judgment” on the grounds that the plaintiff in the state-court action lacked standing. Compl. ¶¶ 1, 14. As a result, Plaintiff alleges that the state court exercised “judicial power” in the absence of “a case or controversy.” Id. ¶ 3; see id. ¶ 19. On January 23, 2026, the Court denied Plaintiff’s request for a temporary restraining order. ECF No. 5 (“TRO Order”). Now, Plaintiff again seeks emergency injunctive relief “[e]njoining Defendants . . . from enforcing, processing, managing, marketing, transferring, conveying, or commercializing the subject property.” PI Mot. at 4; see also id. at 7–8; ECF No. 9 (“First Suppl.

1 Mr. Baker brings this action on behalf of Baker Legacy Preservation Trust (WY). Br.”) at 2, 5; ECF No. 10 at 2; ECF No. 12 at 2. In support of his motion for preliminary injunctive relief, Plaintiff indicates that the Union County Sherrif has “scheduled execution of the Writ of Possession” issued by the state court for May 7, 2026, at 10:00 AM. ECF No. 14 at 2; ECF No. 15 at 2. Plaintiff also seeks a temporary restraining order given the May 7 execution date. TRO Mot. at 4, 9 (requesting that the Court reinstate Plaintiff’s preliminary injunction motion for

“immediate consideration” and issue a temporary restraining order “preventing execution of the Writ of Possession”); see also ECF No. 18. The Court will deny Plaintiff’s requests for a temporary restraining order and for a preliminary injunction. Preliminary injunctive relief is “‘never awarded as of right,’ but rather . . . involves the exercise of ‘equitable discretion.’” Transcon. Gas Pipe Line Co. v. Pa. Env’t Hearing Bd., 108 F.4th 144, 150 (3d Cir.) (citation omitted), amended on denial of reh’g, 110 F.4th 612 (3d Cir. 2024); see Russel Williams Home Servs. LLC v. Minleon Int’l (USA) Ltd. LLC, No. 25-1665, 2025 WL 3651915, at *1 (M.D. Pa. Dec. 17, 2025) (“The standard for obtaining a TRO is the same as the standard for obtaining a preliminary injunction.”). In exercising this

discretion, the Court considers the following four factors: (1) the movant’s likelihood of success on the merits, (2) the movant’s risk of irreparable injury absent preliminary relief, (3) the balance of equities, and (4) the public interest. See Transcon. Gas, 108 F.4th at 150. If the movant fails to show either of the first two factors, the Court may not issue preliminary injunctive relief. Id. (citing Reilly v. City of Harrisburg, 858 F.3d 173, 179 (3d Cir. 2017)). However, if the movant establishes both of the first two factors, the Court then balances all four factors. Id. at 150–51. Here, Plaintiff has not established a likelihood of success on the merits for several reasons. First, the Court again finds that Rooker-Feldman likely divests the Court of subject-matter jurisdiction over this suit.2 See TRO Order at 3–5. Rooker-Feldman applies when (1) “[t]he federal plaintiff [lost] in a state-court judicial proceeding,” (2) “[t]he state-court judgment” was “rendered before the federal action was filed,” (3) “[t]he federal plaintiff . . . invite[s] the review and rejection of the state-court judgment,” and (4) “[t]he federal plaintiff . . . complain[s] of injuries caused by the state-court judgment.” Merritts v. Richards, 62 F.4th 764, 774 (3d Cir. 2023).

In seeking preliminary injunctive relief, Plaintiff questions whether Defendants’ enforcement “authority” has “been judicially determined,” PI Mot. at 6; see First Suppl. Br. at 2; TRO Mot. at 3, 8—i.e., whether Defendants may enforce a judgment from a state-court foreclosure action “that was commenced without standing at [its] inception,” Compl. ¶ 1. Therefore, Plaintiff—who previously lost in state court before filing this action—seeks “jurisdictional review” of the state court’s foreclosure judgment to “restrain ongoing and imminent enforcement of [that] judgment” because such enforcement will allegedly injure him. Id. ¶¶ 1, 28–29. To restrain this “imminent enforcement” and forestall Plaintiff’s alleged injury, the Court would need to find that the state court acted in error by issuing the foreclosure judgment. Id. ¶ 1. Accordingly, Rooker-Feldman likely bars Plaintiff’s suit.3 See, e.g., Cushing v. Greentree Mortg. Co., LP, No.

24-5742, 2025 WL 318059, at *5 (D.N.J. Jan. 28, 2025); Johnson v. Wells Fargo Bank, N.A., No. 23-1376, 2024 WL 1235546, at *2–3 (E.D. Pa. Feb. 15, 2024); Lewis v. Pennymac Corp., No. 16- 1514, 2016 WL 2901707, at *3 (D.N.J. May 18, 2016), aff’d sub nom. Lewis v. O’Donnell, 674 F.

2 A federal court must always have subject-matter jurisdiction and thus may examine whether Rooker-Feldman bars a plaintiff’s claims. See TRO Order at 3 n.1. 3 As explained herein, Plaintiff seeks “jurisdictional review” of the state court’s foreclosure judgment, Compl. ¶ 29, notwithstanding his assertion in his briefing to the contrary, see, e.g., PI Mot. at 3; First Suppl. Br. at 2; see Guerrero v. Bensalem Racing Ass’n, Inc., 25 F. Supp. 3d 573, 584 (E.D. Pa. 2014) (“A manufactured effort to redefine the relief sought cannot circumvent the Rooker-Feldman bar.” citation omitted)). App’x 234 (3d Cir. 2017); Buchel v. Option One Mortg. Corp., No. 10-1079, 2010 WL 4878741, at *4 (D.N.J. Nov. 24, 2010). Second, the Court finds that issue preclusion likely prevents Plaintiff from relitigating the issue at the center of this suit: whether the plaintiff in state court lacked standing to obtain a foreclosure judgment.4 “[I]ssue preclusion ‘bars successive litigation of an issue of fact or law

that was actually litigated, resolved in a valid court determination, and essential to that prior judgment . . . .’” Aura Invs., LLC v. Romspen Mortg. Ltd. P’ship, No. 24-3255, 2025 WL 3084758, at *3 (3d Cir. Nov. 4, 2025) (citation omitted). The doctrine “precludes relitigation of an issue already decided by a New Jersey court when: (1) the issue is identical; (2) the issue was actually litigated; (3) the previous court issued a final judgment on the merits; (4) determination of the issue was essential to the judgment; and (5) the party against whom estoppel is asserted was a party or in privity with a party to the prior proceeding.” Oshri v. PNC Bank, Nat’l Ass’n, No. 20-3248, 2022 WL 58544, at *2 (3d Cir. Jan. 6, 2022). All five elements are likely satisfied, because Plaintiff litigated the standing issue presently

before this Court in state court and that litigation led to a final judgment on the merits.

Free access — add to your briefcase to read the full text and ask questions with AI

BAKER LEGACY PRESERVATION TRUST, by its Trustee, SHAWN BAKER v. U.S. BANK TRUST NATIONAL ASSOCIATION, et al., (D.N.J. 2026).

BAKER LEGACY PRESERVATION TRUST, by its Trustee, SHAWN BAKER v. U.S. BANK TRUST NATIONAL ASSOCIATION, et al. (BAKER LEGACY PRESERVATION TRUST, by its Trustee, SHAWN BAKER v. U.S. BANK TRUST NATIONAL ASSOCIATION, et al.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Kliesh v. Select Portfolio Servicing Inc.
419 F. App'x 268 (Third Circuit, 2011)
Colleen Reilly v. City of Harrisburg
858 F.3d 173 (Third Circuit, 2017)
Uzuegbunam v. Preczewski
592 U.S. 279 (Supreme Court, 2021)
Guerrero v. Bensalem Racing Ass'n
25 F. Supp. 3d 573 (E.D. Pennsylvania, 2014)
Graham v. Select Portfolio Servicing, Inc.
156 F. Supp. 3d 491 (S.D. New York, 2016)
Stewart Merritts, Jr. v. Leslie Richards
62 F.4th 764 (Third Circuit, 2023)