No. 23-428

Chinonyerem Osuagwu v. Home Point Financial Corporation, et al.

Lower Court: Second Circuit
Docketed: 2023-10-26
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights due-process federal-jurisdiction form-1099 fourteenth-amendment power-of-attorney property-rights standing
Key Terms:
DueProcess Patent Privacy Jurisdiction
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Did the State Court violate the petitioner's Fourteenth-Amendment-right when it empowered one of the respondents to sign his (the petitioner's) name and signature to bona-fide-legal-documents, despite his vehement-protestation, and absent-legitimate-Power-of-Attorney, and by this means, enabled-deprivation-of-property, as well as the endangerment-of-his-liberty?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Did the State Court violate the ° petitioner’s Fourteenth Amendment right when it empowered one of the respondents to sign his (the petitioner’s) name and signature to bona fide legal . documents, despite his vehement protestation, and absent legitimate Power of Attorney, and by this means, enabled deprivation of property, as well as the endangerment of his liberty? 2. Are the respondents liable, under 26 U.S.C. § 7434, for the injury suffered by the petitioner, when they sold his property, in defiance of a pending , motion to stay the sale of said property ~ pursuant to New York Civil Practice . Laws & Rules § 5519 (c) , and thereafter filed Form 1099 with the IRS, indicating taxable income to the petitioner, but failed to remit the income to him? 3. In light of the Decision of the New York Court of Appeals in Aybar uv. Aybar, 2021, N.Y. Slip Op 05393, is “Complete Diversity,” as mandated by the Second Circuit, practical as a determinant of federal jurisdiction in multi-party cases originating in the state of New York? : ii

Docket Entries

2024-01-08
Petition DENIED.
2023-12-13
DISTRIBUTED for Conference of 1/5/2024.
2023-11-27
Waiver of right of respondents Home Point Financial Corp. and Home Point Capital, Inc. to respond filed.
2023-08-23
Petition for a writ of certiorari filed. (Response due November 27, 2023)

Attorneys

Chinonyerem Osuagwu
Chinonyerem Osuagwu — Petitioner
Chinonyerem Osuagwu — Petitioner
Home Point Financial Corp. and Home Point Capital, Inc.
Marc James AyersBradley Arant Boult Cummings LLP, Respondent
Marc James AyersBradley Arant Boult Cummings LLP, Respondent