Case: Welenc v. Matyszczyk

Welenc v. Polish & Slavic Federal Credit Union Board of Directors

U.S. District Court for the Southern District of New York

Welenc v. Polish & Slavic Federal Credit Union et al.

Welenc v. Matyszczyk et al.

Welenc v. Matyszczyk et al.

Welenc v. Polish & Slavic Federal Credit Union et al.

Welenc v. Matyszczyk et al

Welenc v. Matyszczyk et al.

COMPLAINT against Ryszard Bak, Elzbieta Baumgartner, Bogdan Chmielewski, Malgorzata Czajkowska, Malgorzata Gradzki, Bozena Krajewska-Pielarz, Krzysztof Matyszczyk, National Credit Union Administration, Edward Pierwola, Iwona Podolak, Polish & Slavic Federal Credit Union, Malgorzata Wadolowski, Marzena Wierzbowska, Lech Wojtkowski. (Filing Fee $ 400.00, Receipt Number 465401220928) Document filed by Jan Welenc. [Transferred from New York Southern on 10/31/2018.] (Entered: 10/22/2018)

CIVIL COVER SHEET filed. (pne) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/22/2018)

Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pne) [Transferred from New York Southern on 10/31/2018.]

Case Designated ECF. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Krzysztof Matyszczyk. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Elzbieta Baumgartner. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Malgorzata Gradzki. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Marzena Wierzbowska. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Iwona Podolak. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Malgorzata Czajkowska. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Bozena Krajewska-Pielarz. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Malgorzata Wadolowski. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Bogdan Chmielewski. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Lech Wojtkowski. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Ryszard Bak. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Edward Pierwola. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to National Credit Union Administration. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS ISSUED as to Polish & Slavic Federal Credit Union. (pne) [Transferred from New York Southern on 10/31/2018.]

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. National Credit Union Administration served on 10/22/2018, answer due 11/13/2018. Service was accepted by unnamed person at (PSFCU) NCUA; and served by Certified Mail to NCUA, 1775 Duke Street, Alexandria, VA 22314. Document filed by Jan Welenc. (sc) Modified on 10/23/2018 (sc). [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Malgorzata Wadolowski served on 10/22/2018, answer due 11/13/2018. Service was accepted by Malgorzata Wadolowski. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Bozena Krajewska-Pielarz served on 10/22/2018, answer due 11/13/2018. Service was accepted by Bozena Krajewska-Ptelarz. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Krzysztof Matyszczyk served on 10/22/2018, answer due 11/13/2018. Service was accepted by Krzyoztof Matyszczyk. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Lech Wojtkowski served on 10/22/2018, answer due 11/13/2018. Service was accepted by Lech Wojtkowski. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Ryszard Bak served on 10/22/2018, answer due 11/13/2018. Service was accepted by R. Bak. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Marzena Wierzbowska served on 10/22/2018, answer due 11/13/2018. Service was accepted by Marzena Wierzbowska. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Malgorzata Czajkowska served on 10/22/2018, answer due 11/13/2018. Service was accepted by Malgorzata Czaykowska. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Malgorzata Gradzki served on 10/22/2018, answer due 11/13/2018. Service was accepted by M. Gradzki. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Elzbieta Baumgartner served on 10/22/2018, answer due 11/13/2018. Service was accepted by Elzbieta Baumgartner. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Polish & Slavic Federal Credit Union served on 10/22/2018, answer due 11/13/2018. Service was accepted by unnamed person at (PSFCU). Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/23/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Edward Pierwola served on 10/22/2018, answer due 11/13/2018. Service was accepted by Edward Pierwola. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/24/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Iwona Podolak served on 10/22/2018, answer due 11/13/2018. Service was accepted by Iwona Podolak. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/24/2018)

SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Bogdan Chmielewski served on 10/22/2018, answer due 11/13/2018. Service was accepted by B. Chmielewski. Document filed by Jan Welenc. (sc) [Transferred from New York Southern on 10/31/2018.] (Entered: 10/24/2018)

TRANSFER ORDER: Accordingly, venue lies in the Eastern District of New York, 28 U.S.C. § 1391(b)(2), and this action is transferred to the United States District Court for the Eastern District of New York, 28 U.S.C. § 1406(a). The Clerk of Court is directed to mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. This order closes this case. The Court certifies, pursuant to 28 U.S.C § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Gregory H. Woods on 10/24/2018) (anc) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/31/2018.] (Entered: 10/24/2018)

Transmission to Docket Assistant Clerk. Transmitted re: 18 Transfer Order to the Docket Assistant Clerk for case processing. (anc) [Transferred from New York Southern on 10/31/2018.]

Mailed a copy of 18 Transfer Order E.D.N.Y. (Complaint)(case opening only), to Jan Welenc 148 Driggs Avenue Apt. 1R Brooklyn, NY 11222. (vba) [Transferred from New York Southern on 10/31/2018.]

Case transferred in from District of New York Southern; Case Number 1:18-cv-09617. Original file certified copy of transfer order and docket sheet received. (Entered: 10/31/2018)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 10/31/2018)

NOTICE of Appearance by Beth Ann Saydak on behalf of Ryszard Bak, Elzbieta Baumgartner, Bogdan Chmielewski, Malgorzata Czajkowska, Malgorzata Gradzki, Bozena Krajewska-Pielarz, Krzysztof Matyszczyk, Edward Pierwola, Iwona Podolak, Polish & Slavic Federal Credit Union, Malgorzata Wadolowski, Marzena Wierzbowska, Lech Wojtkowski (aty to be noticed) (Saydak, Beth) (Entered: 11/13/2018)

Corporate Disclosure Statement by Ryszard Bak, Elzbieta Baumgartner, Bogdan Chmielewski, Malgorzata Czajkowska, Malgorzata Gradzki, Bozena Krajewska-Pielarz, Krzysztof Matyszczyk, Edward Pierwola, Iwona Podolak, Polish & Slavic Federal Credit Union, Malgorzata Wadolowski, Marzena Wierzbowska, Lech Wojtkowski (Saydak, Beth) (Entered: 11/13/2018)

ANSWER to 1 Complaint, by Ryszard Bak, Elzbieta Baumgartner, Bogdan Chmielewski, Malgorzata Czajkowska, Malgorzata Gradzki, Bozena Krajewska-Pielarz, Krzysztof Matyszczyk, Edward Pierwola, Iwona Podolak, Polish & Slavic Federal Credit Union, Malgorzata Wadolowski, Marzena Wierzbowska, Lech Wojtkowski. (Saydak, Beth) (Entered: 11/13/2018)

AFFIDAVIT of Service for Notice of Appearance served on Plaintiff on 11-13-18, filed by Ryszard Bak, Elzbieta Baumgartner, Bogdan Chmielewski, Malgorzata Czajkowska, Malgorzata Gradzki, Bozena Krajewska-Pielarz, Krzysztof Matyszczyk, Edward Pierwola, Iwona Podolak, Polish & Slavic Federal Credit Union, Malgorzata Wadolowski, Marzena Wierzbowska, Lech Wojtkowski. (Saydak, Beth) (Entered: 11/14/2018)

AFFIDAVIT of Service for Rule 7.1 Statement served on Plaintiff on 11-13-18, filed by Ryszard Bak, Elzbieta Baumgartner, Bogdan Chmielewski, Malgorzata Czajkowska, Malgorzata Gradzki, Bozena Krajewska-Pielarz, Krzysztof Matyszczyk, Edward Pierwola, Iwona Podolak, Polish & Slavic Federal Credit Union, Malgorzata Wadolowski, Marzena Wierzbowska, Lech Wojtkowski. (Saydak, Beth) (Entered: 11/14/2018)

AFFIDAVIT of Service for Answer served on Plaintiff on 11-13-18, filed by Ryszard Bak, Elzbieta Baumgartner, Bogdan Chmielewski, Malgorzata Czajkowska, Malgorzata Gradzki, Bozena Krajewska-Pielarz, Krzysztof Matyszczyk, Edward Pierwola, Iwona Podolak, Polish & Slavic Federal Credit Union, Malgorzata Wadolowski, Marzena Wierzbowska, Lech Wojtkowski. (Saydak, Beth) (Entered: 11/14/2018)

SCHEDULING ORDER: Initial Conference is set for 1/11/2019 @ 12:00 p.m. in Courtroom 13C South, 225 Cadman Plaza East, Brooklyn, New York before Chief Mag. Judge Roanne L. Mann. SEE ATTACHED ORDER AND MANDATORY REQUIREMENTS FOR CONFERENCE. ****NOTE: bring the number of copies for distribution of the completed initial conference questionnaire to the conference that you will need. Ordered by Chief Mag. Judge Roanne L. Mann on 11/14/2018. (Kelson, Lise) (Entered: 11/14/2018)

ORDER: For the reasons set forth in the attached Memorandum and Order, the Complaint is dismissed, without prejudice, for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(h)(3). In light of Plaintiff's pro se status and in an abundance of caution, the Court grants Plaintiff leave to file an amended complaint within thirty (30) days from the date of this Order in order to allege a basis for the Court's subject matter jurisdiction. If Plaintiff elects to file an amended complaint, it shall be captioned AMENDED COMPLAINT and bear the same docket number as this Order, 18-CV-6087 (PKC) (RLM). The amended complaint shall replace the original Complaint. All further proceedings shall be stayed for 30 days. If Plaintiff fails to file an amended complaint within the time allowed or show good cause why he cannot comply, judgment dismissing this action without prejudice for lack of subject matter jurisdiction shall be entered. Although Plaintiff has paid the filing fee to initiate this action, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 11/21/2018. (Cuevas Ingram, Joanna) Modified on 11/28/2018 to correct typographical error. (Abdallah, Fida) (Entered: 11/21/2018)

Supplemental COMPLAINT / "Amended Complaint" w/request to "remove the National Credit Union Administration" from the docket sheet and [MOTION] to adjourn the initial conference scheduled for 1/11/2019, etc.; filed by pro se Jan Welenc. (Latka-Mucha, Wieslawa) (Modified). (Entered: 12/28/2018)

ELECTRONIC SCHEDULING ORDER: the initial conference scheduled for January 11, 2018 is adjourned sine die (without a new date). Ordered by Chief Mag. Judge Roanne L. Mann on 1/4/2019. (Proujansky, Josh)

MOTION to Dismiss for Lack of Jurisdiction Letter Motion by Ryszard Bak, Elzbieta Baumgartner, Bogdan Chmielewski, Malgorzata Czajkowska, Malgorzata Gradzki, Bozena Krajewska-Pielarz, Krzysztof Matyszczyk, Edward Pierwola, Iwona Podolak, Polish & Slavic Federal Credit Union, Malgorzata Wadolowski, Marzena Wierzbowska, Lech Wojtkowski. (Saydak, Beth) (Entered: 01/06/2019)

Hearing terminated. Ordered by Chief Mag. Judge Roanne L. Mann on 1/7/2019. (Kelson, Lise)

SCHEDULING ORDER: The Court deems defendants' 30 request for leave to file a motion to dismiss (electronically filed as such) as the motion itself. Plaintiff may respond by letter of no more than five pages in length by 1/30/2019. Defendants may supplement their original letter with a five-page letter reply by 2/6/2019. Ordered by Judge Pamela K. Chen on 1/16/2019. (Abdallah, Fida)

ORDER: The Court grants 30 Defendants' Motion to Dismiss for lack of subject matter jurisdiction. Although Plaintiff has added a new permanent address in Poland to his complaint (see Amended Complaint, Dkt. 29, at 1)--presumably in an attempt to establish diversity jurisdiction under 28 U.S.C. § 1332--he also references in his complaint an American Passport number (id. at 4), from which the Court infers that he remains an American citizen despite his residence abroad. "United States citizens who are domiciled abroad are neither citizens of any state of the United States nor citizens or subjects of a foreign state, and § 1332(a) does not provide that the courts have jurisdiction over a suit to which such persons are parties." Cresswell v. Sullivan & Cromwell, 922 F.2d 60, 68 (2d Cir. 1990); see also Herrick Co., Inc. v. SCS Communications, Inc., 251 F.3d 315, 322 (2d Cir. 2001). Plaintiff's residence abroad, therefore, makes him a citizen of no state for the purpose of diversity jurisdiction. Furthermore, even assuming Plaintiff is also a citizen of Poland (though he has provided no information to that effect), dual citizenship cannot establish diversity jurisdiction. See Action S.A. v. Marc Rich & Co., Inc., 951 F.2d 504, 507 (2d Cir. 1991) ("In matters of diversity jurisdiction American citizenship will determine diversity."). In sum, Plaintiff has failed--and appears unable--to allege facts establishing diversity jurisdiction as to this matter.Accordingly, the Court grants 30 Defendants' Motion and dismisses Plaintiff's case for lack of subject matter jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(1), with prejudice. The Clerk of Court is respectfully directed to enter judgment and close this case. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, and therefore, in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 2/8/2019. (Brodziak, Maya)

CLERK'S JUDGMENT. It is ORDERED and ADJUDGED that Defendants' motion is granted; that pursuant to Fed. R. Civ. P. 12(b)(1), Plaintiff's case is dismissed with prejudice for lack of subject matter jurisdiction; that pursuant to 28 U.S.C. § 1915(a)(3), any appeal would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal, Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Clerk of Court, by Deputy Clerk Jalitza Poveda, on 2/13/2019. C/M w/Appeals Packet. (Barrett, C) (Entered: 02/13/2019)

NOTICE OF APPEAL as to 31 Clerk's Judgment and Electronic Order of 2/8/19 on Motion to Dismiss/Lack of Jurisdiction, by Jan Welenc. No fee paid. IFP denied for purposes of appeal. Service done electronically. Motion for an extension of time pending (Joint Form) (Attachments: # 1 "Amended Complaint") (McGee, Mary Ann) (Entered: 03/19/2019)

MOTION for Extension of Time to File a Notice of Appeal (Joint Form) by Jan Welenc. (McGee, Mary Ann) (Entered: 03/19/2019)

Electronic Index to Record on Appeal sent to US Court of Appeals. 32 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)

Order on Motion for Extension of Time to File

ORDER: Plaintiff's [32-1] "Amended Complaint" is construed as a Motion for Reconsideration and DENIED. Local Civil Rule 6.3 requires that a motion for reconsideration be filed within 14 days of the Court's determination of the original motion. On February 8, 2019, the Court granted Defendants' 30 motion to dismiss for lack of subject matter jurisdiction. Plaintiff's [32-1] motion for reconsideration was not filed until March 14, 2019, i.e., 34 days later. Accordingly, Plaintiff's motion is untimely.Even if Plaintiff's motion had been timely filed, however, the Court would deny it as without merit. "A motion for reconsideration should be granted only when the [party] identifies an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice." Kolel Beth Yecheil Mechil of Tartikov, Inc. v. YLL Irrevocable Tr., 729 F.3d 99, 104 (2d Cir. 2013) (internal quotations and citation omitted). Though Plaintiff now alleges that Defendants should be considered citizens of New Jersey for the purposes of diversity jurisdiction, this new allegation does not change the Court's finding that, as an American citizen living abroad, Plaintiff is a citizen of no state. (See Court's 2/8/2019 Order;see also Dkt. 33 (Plaintiff noting, as of 3/8/2019, that he is "currently staying outside USA in Poland.").) As a citizen of no state, Plaintiff cannot show that he is diverse from Defendants regardless of whether they are citizens of New York or New Jersey. See e.g., Herrick Co., Inc. v. SCS Communications, Inc., 251 F.3d 315, 322 n.4 (2d. Cir. 2001). Accordingly, Plaintiff's motion is denied. In light of Plaintiff's Motion for Reconsideration, the Court denies as moot his 33 Motion for Extension of Time to File a Notice of Appeal. The Court notes that it will not consider any future filings as motions for reconsideration or otherwise address them in any way. Ordered by Judge Pamela K. Chen on 3/20/2019. (Brodziak, Maya)

Subsequent/DUPLICATE NOTICE OF APPEAL and DUPLICATE Request for an Extension of Time (Joint Form) as to 31 Clerk's Judgment, and Electronic of 2/8/19 re: Order on Motion to Dismiss/Lack of Jurisdiction, by Jan Welenc. Service done electronically. (McGee, Mary Ann) (Entered: 03/26/2019)

First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals. 34 Subsequent/Duplicate Notice of Appeal. (McGee, Mary Ann)

MANDATE of USCA as to 34 Subsequent/Duplicate Notice of Appeal, filed by Jan Welenc, 32 Notice of Appeal, filed by Jan Welenc. Appellant, pro se, moves for leave to proceed in forma pauperis and for reconsideration of the District Court's ruling, which we construe as seeking summary reversal. It is ORDERED that the motion is DENIED and the appeal is DISMISSED. Issued as Mandate: 9/11/19. USCA #19-669 (McGee, Mary Ann) (Entered: 09/11/2019)