No. 19-125

Gale Zamore v. Deutsche Bank National Trust Company, Individually and as Trustee for JP Morgan Mortgage Acquisition Trust 2007-CH5 Asset Backed Pass-Through Certificates Series 2007-CH5, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-07-26
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3)
Tags: 15-usc-1635 amos-v-glynn-county civil-rights claim-preclusion due-process exxon-mobil-v-saudi-basic federal-jurisdiction federal-vs-state-law-for-res-judicata jesinoski-v-countrywide-home-loans res-judicata semtek-v-lockheed-martin statutory-interpretation supreme-court-precedent tila tila-rescission tila-rescission-as-completed-event
Key Terms:
Jurisdiction
Latest Conference: 2020-03-06 (distributed 3 times)
Question Presented (AI Summary)

Whether the Eleventh Circuit can ignore Exxon Mobil and apply its own discarded standard

Question Presented (OCR Extract)

QUESTIONS PRESENTED QUESTION 1: In Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280 (2005), this Court held that federal courts have jurisdiction to consider claims even if the result would be inconsistent with a state court’s prior decision. Although Petitioner filed an independent claim based on her statutory rights in 15 U.S.C. §1635, jurisdiction was nevertheless declined. Can the Eleventh Circuit ignore Exaon Mobil and apply its own now discarded standard in Amos v. Glynn County Bd. of Tax Assessors, 347 F.3d 1249 (11th Cir. 2003). QUESTION 2: In Semtek Intern. Inc. v. Lockheed Martin Corp., 531 U.S. 497 (2001) this Court held that when determining claim preclusion based on state claims, the federal courts must apply state law. Here, the lower court applied federal law, rather than state law, to find that the complaint was barred under res judicata. Can the lower court disregard the well-established rule and dismiss the complaint based on federal res judicata principles? QUESTION 3: This Court held in Jesinoski v. Countrywide Home Loans, Inc., 185 S. Ct. 790, 790 (2015) that a TILA rescission is a completed event upon the sending of a timely notice of rescission under 15 U.S.C. $1635. Thus, there is no (and there can be no) statute of limitation applied to this already completed event. Petitioner timely sent the i notice of TILA rescission. Can the lower court disregard Jesinoski and apply a doctrine which converts the event of rescission into a claim of recession which can then be denied?

Docket Entries

2020-03-09
Rehearing DENIED.
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-07
2020-01-13
Petition DENIED.
2019-12-13
Reply of petitioner Gail Zamore filed.
2019-12-04
DISTRIBUTED for Conference of 1/10/2020.
2019-11-15
Brief of respondent Deutsche Bank National Trust Co. in opposition filed.
2019-10-16
Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2019.
2019-10-11
Motion to extend the time to file a response from October 18, 2019 to November 18, 2019, submitted to The Clerk.
2019-09-18
Response Requested. (Due October 18, 2019)
2019-09-04
DISTRIBUTED for Conference of 10/1/2019.
2019-08-20
Waiver of right of respondents Deutsche Bank National Trust Co. to respond filed.
2019-07-24
Petition for a writ of certiorari filed. (Response due August 26, 2019)
2019-06-18
Application (18A1330) granted by Justice Thomas extending the time to file until July 24, 2019.
2019-06-15
Application (18A1330) to extend the time to file a petition for a writ of certiorari from June 23, 2019 to July 24, 2019, submitted to Justice Thomas.

Attorneys

Deutsche Bank National Trust Co.
Edward King PoorQuarles & Brady LLP, Respondent
Edward King PoorQuarles & Brady LLP, Respondent
Gail Zamore
Bruce JacobsJacobs Legal, PLLC, Petitioner
Bruce JacobsJacobs Legal, PLLC, Petitioner