Walter C. Dumas v. U.S. Bank National Association, as Trustee for RFMSI 2005S7, et al.

Summary

The United States District Court for the Middle District of Louisiana denied Walter C. Dumas’s motion to remand and granted the motions to dismiss or for judgment on the pleadings filed by Sheriff Sid J. Gautreaux, III, U.S. Bank National Association, and Onity Group Inc. The court adopted the Magistrate Judge’s conclusion that the property-description issue concerning the foreclosure seizure and sale was barred by issue preclusion and that the federal claims could not proceed. The claims against all defendants were dismissed with prejudice, and the request for oral argument was denied.

Holdings

1. Remand was not required because the proper defendant, Onity Group, Inc., formerly known as Ocwen Financial Corporation, joined the notice of removal through counsel authorized to act on its behalf.
2. Issue preclusion barred Plaintiff from relitigating the legality of the seizure and sale based on the alleged property-description discrepancy because the issue had been actually litigated and its determination was essential to the prior state-court judgment.
3. Plaintiff's claims against Sheriff Gautreaux were dismissed with prejudice because Plaintiff presented no new argument sufficient to overcome the prior determination that the property-description issue was immaterial to the legality of the foreclosure sale.

Questions Presented

1. Whether remand was required because the entity formerly known as Ocwen Financial Corporation did not separately consent to removal.
2. Whether issue preclusion barred Plaintiff from relitigating the legality of the seizure and foreclosure sale based on the alleged discrepancy in property descriptions.
3. Whether Plaintiff's allegations that Sheriff Gautreaux failed to read or follow the relevant foreclosure documents supported a claim notwithstanding qualified immunity.

Disposition

dismissed