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DOCKET NO.: FBT-CV16-6061112-S : SUPERIOR COURT
U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR IN : JUDICIAL DISTRICT OF
INTEREST TO BANK OF AMERICA, NATIONAL : FAIRFIELD
ASSOCIATION, AS TRUSTEE AS SUCCESSOR BY MERGER.
TO LASALLE BANK NATIONAL ASSOCIATION, AS : AT BRIDGEPORT
TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS
ASSET BACKED SECURITIES I LLC, ASSET-BACKED : AUGUST 16, 2019
CERTIFICATES, SERIES 2006-E
V.
TANIA D PAIGE MOORER, ET AL.
MOTION TO REOPEN AND SET ASIDE JUDGMENT OF DISMISSAL
The Plaintiff in the above-entitled action respectfully moves, pursuant to CGS 52.212a, for an
order of the court opening the previously entered dismissal and in support thereof represents as follows:
1. This matter was returned to this court on December 27, 2016, seeking the foreclosure of
the first mortgage on the property of the defendant(s), Tania D Paige Moorer.
2. A good cause of action existed at the time the Judgment of Dismissal was entered and
continues to exist.
3. The Plaintiff is prepared to seek the entry of judgment or proceed to trial upon the
granting of this motion. The Motion for Judgment of Strict Foreclosure will be filed with the granting of
this motion. The Plaintiff has all the requisite documents to obtain judgment. Given the aforementioned, it
would be an exercise of futility and would unduly burden the court’s docket to require the Plaintiff to
commence a new action.
4, On December 11, 2018, the Defendant, Tania Moorer filed an answer to the Plaintiff's
amended complaint. See, Docket Entry No. 138.00.
5. On or about December 17, 2018, this court (Bruno, J) entered an order concerning the
opening and vacating of judgment due to a title issue and simultaneously issued an order granting a
File: 018168FOLmotion to cite a party Defendant (Bruno, J). See, Docket Entry Nos. 134.00 and 135.00. At the time the
motions were filed, the Plaintiff also amended the complaint. See, Docket Entry No. 137.00.
6. Also, the court (Bruno, J) issued an order on December 17, 2018 setting forth the case
need to proceed to judgment by April 17, 2018 or the matter would be dismissed.
7. On or about January 3, 2019, a second motion to cite a party Defendant was filed with the
court and granted (Bruno, J) on January 23, 2019 with service to be made on or before March 5, 2019.
See, Docket Entry No. 140.00. At the time, the motions were filed, the Plaintiff also amended the
complaint. See, Docket Entry No. 142.00 and 143.00.
8. Service was completed on February 25, 2019 and on March 13, 2019, the Plaintiff filed a
supplemental retum concerning the service of process of the amended complaint pursuant to the Motion
to Cite along with a motion for default for failure to appear which was granted on March 20, 2019,
9. Less than 30 days later, on April 17, 2019, the Plaintiff filed a withdrawal as to MERS
due to the title issue being resolved due to a release of the prior mortgage being released.
10. The day after the resolution of the title issues, this Court (Bellis, J) entered a Judgment of
Dismissal in this matter for failure to prosecute with reasonable diligence. However, based on the record,
this matter was proceeding.
11. The Plaintiff is prepared to seek entry of a judgment, and has filed a motion for summary
judgment, motion for judgment and supporting documentation along with this motion and is ready to
proceed immediately upon the vacating of the judgment of dismissal.
12. On information and belief, there are no valid defenses to the Plaintiffs action as the sole
remaining Defendant, Tania Moorer filed no special defenses and a general answer.
File: 018168FOLWHEREFORE, the Plaintiff moves that the Court reopen and vacate the Judgment of Dismissal
of April 18, 2019, in this matter, and restore the matter to the Court Docket, and impose such other
conditions as the Court may deem appropriate.
Plaintiff
50 Weston Street
Hartford, CT 06120
860-808-0606
Its Attorneys
ee Juris No. 101589
10K Cla .
Vi etary Comm. of Sup, Court
‘ My Commission expires: q)a
File: 018168F 0)ORDER
The foregoing Motion having been presented to the Court, after hearing had, it is hereby
ORDERED:
GRANTED/DENIED.
BY THE COURT
Judge/Clerk
File: 018168F01CERTIFICATION
I hereby certify that a copy of the above was mailed or electronically delivered on August , 2019
to all counsel and self-represented parties of record and that written consent for electronic delivery was
received from all counsel and self-represented parties of record who were electronically served:
Tania D Paige Moorer a/k/a Tania Moorer
71 Roosevelt Avenue
Stratford, CT 06615
Adam Michael Swanson (429503)
One Canterbury Green
201 Broad Street
Stamford, CT 06901
Seiger Gfeller Laurie LLP (429772)
977 Farmington Avenue
Suite 200
West Hartford, CT 06107
418756
Christopher J Picard
Attorney for the Plaintiff
PURSUANT TO FEDERAL LAW, THIS LAW FIRM IS A DEBT
COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A
BANKRUPTCY DISCHARGE OF THIS DEBT, THIS COMMUNICATION IS
NOT AN ATTEMPT TO COLLECT THE DEBT AGAINST YOU
PERSONALLY, BUT IS NOTICE OF A POSSIBLE ENFORCEMENT OF THE
LIEN AGAINST THE COLLATERAL PROPERTY.
File: 018168F01
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DOCKET NO.: FBT-CV16-6061112-S : SUPERIOR COURT U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR IN : JUDICIAL DISTRICT OF INTEREST TO BANK OF AMERICA, NATIONAL : FAIRFIELD ASSOCIATION, AS TRUSTEE AS SUCCESSOR BY MERGER. TO LASALLE BANK NATIONAL ASSOCIATION, AS : AT BRIDGEPORT TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET-BACKED : AUGUST 16, 2019 CERTIFICATES, SERIES 2006-E V. TANIA D PAIGE MOORER, ET AL. MOTION TO REOPEN AND SET ASIDE JUDGMENT OF DISMISSAL The Plaintiff in the above-entitled action respectfully moves, pursuant to CGS 52.212a, for an order of the court opening the previously entered dismissal and in support thereof represents as follows: 1. This matter was returned to this court on December 27, 2016, seeking the foreclosure of the first mortgage on the property of the defendant(s), Tania D Paige Moorer. 2. A good cause of action existed at the time the Judgment of Dismissal was entered and continues to exist. 3. The Plaintiff is prepared to seek the entry of judgment or proceed to trial upon the granting of this motion. The Motion for Judgment of Strict Foreclosure will be filed with the granting of this motion. The Plaintiff has all the requisite documents to obtain judgment. Given the aforementioned, it would be an exercise of futility and would unduly burden the court’s docket to require the Plaintiff to commence a new action. 4, On December 11, 2018, the Defendant, Tania Moorer filed an answer to the Plaintiff's amended complaint. See, Docket Entry No. 138.00. 5. On or about December 17, 2018, this court (Bruno, J) entered an order concerning the opening and vacating of judgment due to a title issue and simultaneously issued an order granting a File: 018168FOLmotion to cite a party Defendant (Bruno, J). See, Docket Entry Nos. 134.00 and 135.00. At the time the motions were filed, the Plaintiff also amended the complaint. See, Docket Entry No. 137.00. 6. Also, the court (Bruno, J) issued an order on December 17, 2018 setting forth the case need to proceed to judgment by April 17, 2018 or the matter would be dismissed. 7. On or about January 3, 2019, a second motion to cite a party Defendant was filed with the court and granted (Bruno, J) on January 23, 2019 with service to be made on or before March 5, 2019. See, Docket Entry No. 140.00. At the time, the motions were filed, the Plaintiff also amended the complaint. See, Docket Entry No. 142.00 and 143.00. 8. Service was completed on February 25, 2019 and on March 13, 2019, the Plaintiff filed a supplemental retum concerning the service of process of the amended complaint pursuant to the Motion to Cite along with a motion for default for failure to appear which was granted on March 20, 2019, 9. Less than 30 days later, on April 17, 2019, the Plaintiff filed a withdrawal as to MERS due to the title issue being resolved due to a release of the prior mortgage being released. 10. The day after the resolution of the title issues, this Court (Bellis, J) entered a Judgment of Dismissal in this matter for failure to prosecute with reasonable diligence. However, based on the record, this matter was proceeding. 11. The Plaintiff is prepared to seek entry of a judgment, and has filed a motion for summary judgment, motion for judgment and supporting documentation along with this motion and is ready to proceed immediately upon the vacating of the judgment of dismissal. 12. On information and belief, there are no valid defenses to the Plaintiffs action as the sole remaining Defendant, Tania Moorer filed no special defenses and a general answer. File: 018168FOLWHEREFORE, the Plaintiff moves that the Court reopen and vacate the Judgment of Dismissal of April 18, 2019, in this matter, and restore the matter to the Court Docket, and impose such other conditions as the Court may deem appropriate. Plaintiff 50 Weston Street Hartford, CT 06120 860-808-0606 Its Attorneys ee Juris No. 101589 10K Cla . Vi etary Comm. of Sup, Court ‘ My Commission expires: q)a File: 018168F 0)ORDER The foregoing Motion having been presented to the Court, after hearing had, it is hereby ORDERED: GRANTED/DENIED. BY THE COURT Judge/Clerk File: 018168F01CERTIFICATION I hereby certify that a copy of the above was mailed or electronically delivered on August , 2019 to all counsel and self-represented parties of record and that written consent for electronic delivery was received from all counsel and self-represented parties of record who were electronically served: Tania D Paige Moorer a/k/a Tania Moorer 71 Roosevelt Avenue Stratford, CT 06615 Adam Michael Swanson (429503) One Canterbury Green 201 Broad Street Stamford, CT 06901 Seiger Gfeller Laurie LLP (429772) 977 Farmington Avenue Suite 200 West Hartford, CT 06107 418756 Christopher J Picard Attorney for the Plaintiff PURSUANT TO FEDERAL LAW, THIS LAW FIRM IS A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS COMMUNICATION IS NOT AN ATTEMPT TO COLLECT THE DEBT AGAINST YOU PERSONALLY, BUT IS NOTICE OF A POSSIBLE ENFORCEMENT OF THE LIEN AGAINST THE COLLATERAL PROPERTY. File: 018168F01