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Caldarone v. Faris

United States District Court, D. Hawaii

February 4, 2016

RICHARD W. CALDARONE, Plaintiffs,
v.
RON M. FARIS, CEO of Ocwen; Gerald Clay and Robert Chapman Clay Chapman Law Firm; TMLF-HAWAII-MANMEET RANA, Defendants.

ORDER GRANTING MOTION TO DISMISS AND SUBSTANTIVE JOINDER THEREIN

Susan Oki Mollway United States District Judge

I. INTRODUCTION.

This is Plaintiff Richard W. Calderone’s fourth federal district court lawsuit arising out of the foreclosure proceedings concerning his home. Calderone, proceeding pro se, filed his Amended Complaint in this action on September 3, 2015. Because this court lacks subject matter jurisdiction, the court grants the motion to dismiss and substantive joinder therein and dismisses the Amended Complaint without a hearing pursuant to Local Rule 7.2(d).

II. BACKGROUND.

A. Caldarone I.

On October 4, 2013, Caldarone filed the first of his four federal actions in this court. Caldarone I arose out of a state-court foreclosure of his mortgage securing a loan. The present status of those foreclosure proceedings is unclear. See ECF No. 1, Civ. No. 13-00516 DKW/BMK. Caldarone amended his Complaint to add as a defendant Ocwen Loan Servicing, the company Caldarone said had purchased his loan from his lender, One West Bank, although it may well be that Ocwen is merely a loan servicer. See ECF No. 8, Civ. No. 13-00516 DKW/BMK. On March 21, 2014, the court dismissed the Amended Complaint, giving Caldarone leave to file a Second Amended Complaint. See ECF No. 21, Civ. No. 13-00516 DKW/BMK.

On May 5, 2014, Caldarone filed a Second Amended Complaint against Island Home Capital and its CEO, Kurt Nielson; Dennis Kaping, agent of Island Home Capital; Old Republic Title Company and its CEO, Rande K. Yeager; One West Bank and its CEO, Joe Otting; Rourth Crabtree Olson and its founder, Stephen Routh; Ocwen Loan Servicing and its CEO, Ronald M. Faris; Experian and its CEO, Donald Robert; and Fannie Mae and its CEO, Tim Mayopoulis. See ECF No. 32, Civ. No. 13-00516 DKW/BMK. Caldarone alleged predatory lending, asserting that his lender should have known that he could not make his mortgage payments. Id.

On September 22, 2014, Judge Derrick Watson dismissed Caldarone I with prejudice because the Second Amended Complaint failed to satisfy the requirements of federal question or diversity jurisdiction. See ECF No. 89, Civ. No. 13-00516 DKW/BMK. Judgment was entered and Caldarone appealed. See ECF Nos. 91, 92, Civ. No. 13-00516 DKW/BMK.

On October 5, 2015, the Ninth Circuit Court of Appeals affirmed in a memorandum decision. See ECF No. 100, Civ. No. 13-00516 DKW/BMK.

B. Caldarone II.

On November 18, 2013, which was before Judge Watson dismissed the Second Amended Complaint in Caldarone I, Caldarone sent a letter to this court which was deemed to be a separate complaint arising out of the same conduct at issue in Caldarone I. In this second lawsuit, he asserted that Island Home Capital, owned by Kurt Nielsen, had no license to operate as a mortgage broker in Hawaii. He complained that Dennis Kaping, an Island Home Capital employee, had falsified Caldarone’s stated income in a mortgage application. Caldarone also complained that One West Bank had foreclosed on the mortgage securing the loan for his home. See ECF No. 1, Civ. No. 13-00628 JMS/RLP (Caldarone II). The Complaint was dismissed by Judge J. Michael Seabright with leave to amend. See ECF No. 7, Civ. No. 13-00628 JMS/RLP.

On December 19, 2013, Caldarone filed an Amended Complaint in Caldarone II. Caldarone reasserted his claims that (1) Kurt Nielson of Island Home Capital had operated without a mortgage broker’s license; and (2) Dennis Kaping of Island Home Capital had committed fraud and predatory lending in connection with his loan. Caldarone also asserted that (3) Old Republic Title (CEO Rande K. Yeager) had committed fraud by claiming that it had witnessed the signing of Caldarone’s mortgage papers; (4) One West Bank (CEO Joe Otting) had committed predatory lending, lost the promissory note, and committed fraud and deceptive trade practices in connection with his mortgage papers; (5) Routh Crabtree Olson (CEO Stephen Routh) had represented One West Bank and committed fraud in connection with the foreclosure; (6) Ocwen Loan Servicing (CEO Ron M. Faris), which allegedly purchased Caldarone’s loan from One West Bank, had committed predatory lending, lost the original promissory note, and aided and abetted fraud; (7) Experian (CEO Don Robert) had refused to change Caldarone’s credit rating; and (8) Fannie Mae (CEO Tim Mayopoulis) had aided and abetted One West Bank’s fraud. See ECF No. 8, Civ. No. 13-00628 JMS/RLP. The Amended Complaint was dismissed on December 23, 2013. See ECF No. 9, Civ. No. 13-00628 JMS/RLP.

On February 6, 2014, Caldarone filed a Second Amended Complaint against the same Defendants, including Ron M. Faris, of Ocwen Loan Servicing. See ECF No. 14, Civ. No. 13-00628 JMS/RLP. On February 25, 2014, Judge Seabright dismissed the Second Amended Complaint without prejudice. See ECF No. 16, Civ. No. 13-00628 JMS/RLP. Judgment was issued the same day, and Caldarone did not appeal. See ECF No. 17, Civ. No. 13-00628 JMS/RLP. Thus, Caldarone II became final before Judge Watson had dismissed Caldarone I with prejudice.

B. Caldarone III.

On November 18, 2014, after the dismissal of Caldarone I and Caldarone II but before the Ninth Circuit had affirmed the dismissal in Caldarone I, Caldarone filed yet another action arising out of the state-court foreclosure proceedings, again claiming that he had been the victim of predatory lending. In Caldarone III, Caldarone accused Hawaii’s former Governor (Neil Abercrombie), former Attorney General (David Louie), and former Director of Department of Commerce and Consumer Affairs (Kealii Lopez) (collectively, “State Defendants”) of having failed to stop the state-court foreclosure. Attorneys Gerald Clay and Robert Chapman (collectively, “Clay ...


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