Mongiello v. Indymac Bank, F.S.B.
- Kenneth Karas
- 7:24-cv-02290
- U.S. District Court · Southern District of New York
- 3
Mongiello v. Indymac Bank; Judge Karas excused the service delay, ordered steps to serve Defendant, and denied appeal-related fee-free status.
Christopher M. Mongiello, who was proceeding without a lawyer, and the defendant identified for service, including First Citizens BancShares as the apparent successor in interest to OneWest Bank and IndyMac Bank.
What happened
In Mongiello v. Indymac Bank, Christopher M. Mongiello, representing himself, sued under federal and New York real-estate laws concerning property in New Rochelle, New York. The case had not yet been served on the defendant.
The court excused Mongiello’s failure to request more time for service. It directed the Clerk to send him information, issue summonses, complete the service paperwork using an address the court believed was correct, and give the documents to the U.S. Marshals Service. The court did not decide whether Mongiello’s claims were legally valid.
Judge Kenneth M. Karas also certified that an appeal would not be taken in good faith and denied Mongiello fee-free status for an appeal. The service address identified in the order was for First Citizens BancShares, described as the successor in interest to OneWest Bank and IndyMac Bank.
The detailed version
- Mongiello v. Indymac Bank, F.S.B. · No. 7:24-cv-02290
- Kenneth Karas
- Jan. 10, 2025
Background
Christopher M. Mongiello, appearing without a lawyer, brought claims against IndyMac Bank under the Real Estate Settlement Practices Act and New York Real Property Actions and Proceedings Law § 1501 concerning real property in New Rochelle, New York. Chief Judge Swain previously allowed Mongiello to proceed without prepaying filing fees.
The court had given Mongiello multiple opportunities to provide the correct address for serving OneWest Bank, which the opinion identifies as IndyMac’s successor. Mongiello provided either an address in Houston, Texas, or the address of the New York State Department of Financial Services’ Office of General Counsel. The summons was issued on April 18, 2024. Mongiello did not ask for an extension of the 90-day service period, despite the court’s warning that he was responsible for doing so.
Ruling
The court exercised its discretion to excuse Mongiello’s failure to comply with the service-related orders. It found what it believed was the correct service address for OneWest Bank, whose current successor in interest appears to be First Citizens BancShares.
The Clerk of Court was directed to mail Mongiello an information package, issue summonses for the defendant, complete the USM-285 service form with the defendant’s address, and deliver the necessary documents to the U.S. Marshals Service. The order lists First Citizens BancShares, as successor in interest to OneWest Bank and IndyMac Bank, at 4300 Six Forks Road, Raleigh, North Carolina 27609.
Appeal and scope of the order
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Mongiello’s ability to proceed without prepaying fees for an appeal. The opinion does not decide the merits of Mongiello’s Real Estate Settlement Practices Act or New York-law claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.