JPMorgan Chase Bank N.A. v. Nowak

MEMORANDUM AND ORDER Plaintiff JPMorgan Chase Bank, N.A. (“Chase”) brings this action against Defendants Martin Piotr Nowak (“Nowak”) and Continentalis Divitiae Express Trust (“Trust” or “Trust Defendant”), alleging that Defendants have sent fraudulent correspondence in an attempt to enforce a fictitious arbitration award against Chase. The Court previously granted Chase’s request for a preliminary injunction against Defendants. Now before the Court are Nowak’s motion to dismiss the complaint and Chase’s crossmotion requesting that the Court deem Defendants served. For the reasons that follow, Nowak’s motion to dismiss is denied and Chase’s cross-motion is granted in part and denied in part. I. Background A. Factual Background According to Chase’s complaint, in March 2006, Nowak executed a Home Equity Line of Credit in favor of Chase in the principal amount of $150,000. (ECF No. 1 12.) Nowak then executed a Consolidated Note with Chase in the amount of $340,900 in December 2011. (Id. 13.) Nowak allegedly defaulted on both loans, and four lawsuits have been filed so far based on those underlying transactions. (Id.

15-27.) This case revolves around allegations by Chase that Defendants have sent fraudulent correspondence to Chase claiming that Nowak has a nearly four-billion-dollar award against it based on violations of various laws, such as international commercial law and the Uniform Commercial Code. (Id. 3.) Chase has received a range of correspondence from Nowak, including notices of claim, fault or default notices, special notices, and bills and invoices. (Id.