Wells Fargo Bank, N.A. v. Grenadier

CourtDistrict Court, District of Columbia
DecidedMay 14, 2024
DocketCivil Action No. 2022-3433
StatusPublished

This text of Wells Fargo Bank, N.A. v. Grenadier (Wells Fargo Bank, N.A. v. Grenadier) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wells Fargo Bank, N.A. v. Grenadier, (D.D.C. 2024).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

WELLS FARGO BANK, N.A., as trustee for OPTION ONE MORTGAGE LOAN TRUST 2005-2, ASSET-BACKED CERTIFICATES, SERIES 2005-2,

Plaintiff, No. 22-cv-3433 (DLF) v.

JANICE WOLK GRENADIER,

Defendant.

MEMORANDUM OPINION

Wells Fargo Bank, N.A., acting in its capacity as trustee for Series 2005-2 of the Option

One Mortgage Loan Trust 2005-2 (“Wells Fargo”), moves for a prefiling injunction against Janice

Wolk Grenadier, a vexatious litigant and the pro se defendant in this case. For the reasons that

follow, the Court will grant the motion.

I. BACKGROUND

The Court has recounted Grenadier’s litigation history before, see Wells Fargo Bank, N.A.

v. Grenadier, No. 22-cv-3433, 2024 WL 1050359, at *1 (D.D.C. Mar. 8, 2024) (“Grenadier I”),

and will do so again only briefly. Grenadier has filed at least five civil actions in this Court, see

Grenadier v. BWW Law Grp., No. 13-cv-1152 (D.D.C. Jul. 29, 2013); Grenadier v. Heckman, No.

14-cv-162 (D.D.C. Jan. 31, 2014); Grenadier v. Boasberg, No. 14-cv-1463 (D.D.C. Aug. 28,

2014); United States ex rel. Grenadier v. Wells Fargo Bank Nevada, N.A., No. 20-cv-2570 (D.D.C.

Sept. 28, 2020); Grenadier v. Wells Fargo Bank N.A., No. 22-cv-743 (D.D.C. Apr. 8, 2022), and

at least eight more in the Eastern District of Virginia, Grenadier v. Semonian, No. 11-cv-1136 (E.D. Va. Jan. 13, 2012); Grenadier v. United States, No. 15-cv-1497 (E.D. Va. Dec. 18, 2015);

Grenadier v. Virginia, No. 17-cv-166 (E.D. Va. Feb. 21, 2017); Grenadier v. Clark, No. 17-cv-

280 (E.D. Va. Jun. 2, 2017); Grenadier v. Lewis, No. 17-cv-819 (E.D. Va. Aug. 2, 2017);

Grenadier v. Ocwen Loan Servicing, LLC, No. 17-cv-925 (E.D. Va. Oct. 2, 2017); Grenadier v.

Smith, No. 17-cv-1106 (Nov. 17, 2017); Grenadier v. Hudson, No. 18-cv-571 (E.D. Va. Jul. 18,

2018); see also Grenadier v. BWW Law Grp., No. 14-cv-827 (E.D. Va. Jan. 30, 2015) (action

transferred from this District). She has also filed for bankruptcy eleven times. In re Janice Wolk

Grenadier, No. 23-bk-10904, Dkt. 41 (Bankr. E.D. Va. Aug. 4, 2023). Finally, in at least three

cases, Grenadier has sought leave to participate as an intervenor. Aziz v. Trump, No. 17-cv-116

(E.D. Va. Feb. 6, 2017); Sarsour v. Trump, No. 17-cv-120 (E.D. Va. Feb. 6, 2017); United States

v. Thomas, No. 21-cr-552 (D.D.C. Jun. 2, 2023) (minute order).

Members of this Court have described Grenadier’s filings as “rambling,” “disorganized,”

and “unintelligible.” Mem. Op. at 2, Wells Fargo Bank N.A., No. 22-cv-743, Dkt. 3 (Kelly, J.)

(“rambling” and “disorganized”); Min. Order of Sept. 28, 2020, Wells Fargo Bank Nevada, No.

20-cv-2570 (Howell, J.) (“unintelligible”). Many of them seem to allege that Grenadier has “been

the victim[] of . . . illegal, unethical actions” by “Wells Fargo” and its agents. See, e.g., Compl.

¶ 12, BWW Law Grp., No. 14-cv-827, Dkt. 1. Others target Ilona Grenadier Heckman, a Virginia

divorce lawyer who seems to be related to Grenadier’s ex-husband. See, e.g., Heckman, No. 14-

cv-162. Still others seek relief against judges who have adjudicated Grenadier’s prior cases. See,

e.g., Boasberg, No. 14-cv-1463. Courts have universally found Grenadier’s submissions to be

“meritless,” e.g., Mem. Op. at 23, BWW Law Grp., No. 14-cv-827, Dkt. 65, and Grenadier is

subject to a prefiling injunction in the Eastern District of Virginia as a vexatious litigant, In re

Grenadier, No. 18-mc-10, 2018 WL 3233648, at *10 (E.D. Va. July 2, 2018).

2 This action began in 2022, when Wells Fargo filed an unlawful detainer action against

Grenadier in Virginia state court. Id. Grenadier removed to this Court—not the Eastern District

of Virginia, where venue over the removed action was proper but where Grenadier was subject to

a prefiling injunction—and lodged a “COMPLAINT / CROSS COMPLAINT CRIMINAL

COMPLAINT” against Wells Fargo and others purporting to show “ILLEGAL AND CRIMINAL

COLLUSION OF THE HEADS of BANKS OF 2008 . . . TO CONTINUE [A] SCHEME OF

THEFT OF HOMES FROM THE AMERICAN PEOPLE.” Id. at *1–3; Dkt. 2 at 5 (capitalization

in original; emphasis omitted). This Court remanded. Grenadier I, 2024 WL 1050359, at *2–4.

It explained that venue was improper in this District, that Grenadier’s attempt at removal was

untimely, and that as a citizen of Virginia Grenadier could not remove actions filed against her in

Virginia state court. Id. It also observed that, “by filing her [notice of removal] in this Court

[rather than the Eastern District of Virginia], Grenadier circumvented” the restrictions imposed by

that District’s prefiling injunction. Id.

On Wells Fargo’s motion, the Court ordered Grenadier to “show cause why this Court

should not enjoin her from future filings in the District of Columbia relating to Wells Fargo or this

action.” Id. at *4. Grenadier did not respond, although she did file a motion for recusal and for a

special master. Dkt. 24-1. The motion contained 182 pages of supporting materials and alleged,

among other things, “‘HATE’ Crimes” against Grenadier by “‘JEW’ Divorce Lawyer” Grenadier-

Heckman. Id. at 3.

II. DISCUSSION

“‘[A] court may employ injunctive remedies’—such as filing restrictions—‘to protect the

integrity of courts and the orderly and expeditious administration of justice.’” Smith v. Scalia, 44

F. Supp. 3d 28, 46 (D.D.C. 2014) (quoting Kaempfer v. Brown, 872 F.2d 496, 496 (D.C. Cir. 1989)

3 (per curiam) (unpublished table op.)). “Any such restrictions must be narrowly tailored to protect

that interest ‘without unduly impair[ing] a litigant’s right of access to the courts.” Id. (quoting In

re Powell, 851 F.2d 427, 431 (D.C. Cir. 1988)) (alterations in original). The Court enjoins pro se

plaintiffs from filing suit “with particular caution.” Id. (quoting Powell, 851 F.2d at 431).

“In keeping with [their] exigent nature,” the Court may issue prefiling injunctions only

after “creat[ing] an adequate record for review.” Powell, 851 F.2d at 431. Consistent with the

requirements of due process, the Court must also afford litigants “notice and an opportunity to be

heard” before enjoining them. Id. “Additionally, when contemplating issuing an injunction, it is

incumbent upon the district court to make substantive findings as to the frivolous or harassing

nature of the litigant’s actions.” Id.

Here, the Court finds that an order enjoining Grenadier from future filings in this District

relating to Wells Fargo or this action is necessary “to protect the integrity” of the Court and to

shield Wells Fargo, its agents, and its employees from vexatious litigation. Urban v. United

Nations, 768 F.2d 1497, 1500 (D.C. Cir. 1985). First, Grenadier’s filings in this District have been

frivolous and harassing. Each of Grenadier’s submissions in matters prior to this action has been

devoid of merit, and many have been incomprehensible. See, e.g., Mem. & Op. at 2, Heckman,

No. 14-cv-162, Dkt. 7 (“The plaintiff’s submissions are so rambling and disorganized that the

Court cannot identify a viable claim.”); Mem. Op. at 2, Boasberg, No. 14-cv-1463, Dkt. 3 (“[T]he

complaint fails to meet the minimal pleading requirements of Rule 8(a) of the Federal Rules of

Civil Procedure.”); Min. Order of Sept.

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