Malka Leeal v. Newrez LLC, dba Shellpoint Mortgage Servicing, et al.

WHETHER THE DISTRICT COURT ERRED IN ITS BURDEN TO ESTABLISH ALL FOUR ELEMENTS OF RES JUDICATA AND CONDUCT DE NOVO REVIEW. (I) IT INVOLVES THE SAME PARTIES AS THE SAME SUIT; (II) THE FIRST SUIT RESULTED IN A FINAL JUDGMENT ON THE MERITS; (III) THE SECOND SUITE RAISES CLAIMS BASED ON THE SAME TRANSACTION OR OCCURRENCES AS THE FIRST SUIT; (IV) THE CLAIMS IN THE SECOND SUIT WERE RAISED OR COULD HAVE BEEN RAISED IN THE FIRS SUIT. i. Petitioners answered: "Yes" ii. Respondents answered: "No" iii. The District Court answered “No” iv. The 6th Circuit answered: “No” v. This Court should answer: "Yes"

ALTERNATIVELY, WHETHER THE DISTRICT COURT JUDGMENT, AND MAGISTRATE REPORT & RECOMMENDATION CONTAINS A FUNDAMENTAL FLAW, WHEN BOTH IGNORED MALKA LEEAL’S MOTION TO AMEND CASE CAPTION REMOVING MATI LEEAL’S NAME FROM THE COMPLAINT, AND ITS EFFECT.