Borrero et al v. Brown et al
| Teresa Cabotaje, Katherine M. DeYoung, Daisy Verdejo, Margie Carducci, Tracy Burt, David Spolan, Iris Cervantes, Diannia Charles, Juan M. Mejia, Alisa A. Bivalacqua, Timothy Demel, Darren M. Kopta, Douglas Flowers, Bessie A. Engel, Richard Wills, Deanna Schwind, Leon Bastian, Anthony Ricks, Sarah D. Watford, Arthur N. Diggs, Barbara Flowers, Cindy Wills, Albert Taylor, Charles Garcia, Rick Blake, Irvin R. Borrero, Homer Cabotaje, Yvonne B. Williams, Gabriel Joseph, Michael Charles, Mary Drearry, Yanez McGriff, Justin Choiniere, Charles Jones, Barbara Tanner, Mimi Fogarty, Johnny Perry, Joshua Herrick, Benjamin Patten, Leonid Nabedrik, Kathy Haviland, Mary M. Sackes, Willie Williams, Aubrey Greenzweig, Ken Tanner, Mark Trudeau and 1-100 John Roes |
| SunTrust Banks, Inc., Citizens National Bank of Blufton, Statebridge Company, L.L.C., McCue Mortgage Company, Embrace Home Loans, Inc., Residential Credit Solutions, Inc., Emigrant Mortgage Company, North Coast Credit Union, Inc., Aurora Financial Group, Inc., Carrington Mortgage Services L.L.C., Mortgage Investors Corporation, Capital One Financial Corporation, Provident Funding Associates, L.P., Sr. Eric Brown, Lansdowne Morgage, L.L.C., Roundpoint Mortgage Servicing Corporation, Dovenmuehle Mortgage, Inc., Eastern Savings Bank, FSB, Sovereign Bank, N.A., Pennymac Loan Services, L.L.C., Vanderbilt Mortgage and Finance, Inc., PHH Mortgage Corporation, Branch Banking & Trust Company, MGC Mortgage, Inc., PNC Mortgage, Inc., Suntrust Mortgage, Fifth Third Mortgage Company, Yale Mortgage Corporation, RBS Citizens N.A., Midwest Bank and Regions Bank |
| 1:2013cv08665 |
| December 6, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Jesse M Furman |
| Banks and Banking |
| 15 U.S.C. § 1601 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 7, 2014. A more recent docket listing may be available from PACER.
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Filing 23
NOTICE OF DISMISSAL: Pursuant to Fed. R. Civ. P. 41(a)(1), Irvin R. Borrero, et al, Plaintiffs herein, voluntarily dismiss, without prejudice, their claims in the above entitled action as set forth in the Complaint filed on December 6, 2013, with respect to all named Defendants. SO ORDERED, that the above entitled action, and all causes of action alleged therein, and any and all counterclaims and cross claims, be and the same hereby are discontinued and it is further, SO ORDERED, that the action filed on December 6, 2013 be and is hereby discontinued without prejudice. The Clerk of Court is directed to close this case. (Signed by Judge Jesse M. Furman on 4/7/2014) (mro)
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| Filing 22 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants. Document filed by All Plaintiffs. (Herskowitz, Michael) |
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Filing 21
ORDER granting #20 Letter Motion to Adjourn Conference. The Initial Pretrial Conference is ADJOURNED to April 7, 2014, at 02:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Plaintiffs' counsel shall notify any defendants who have not yet entered a notice of appearance of the changed date and time. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Michael E. Herskowitz, Esq. dated 2/26/14. Document filed by Leon Bastian, Alisa A. Bivalacqua, Rick Blake, Irvin R. Borrero, Tracy Burt, Homer Cabotaje, Teresa Cabotaje, Margie Carducci, Iris Cervantes, Diannia Charles, Michael Charles, Justin Choiniere, Katherine M. DeYoung, Timothy Demel, Arthur N. Diggs, Mary Drearry, Bessie A. Engel, Barbara Flowers, Douglas Flowers, Mimi Fogarty, Charles Garcia, Aubrey Greenzweig, Kathy Haviland, Joshua Herrick, Charles Jones, Gabriel Joseph, Darren M. Kopta, Yanez McGriff, Juan M. Mejia, Leonid Nabedrik, Benjamin Patten, Johnny Perry, Anthony Ricks, John Roes, Mary M. Sackes, Deanna Schwind, David Spolan, Barbara Tanner, Ken Tanner, Albert Taylor, Mark Trudeau, Daisy Verdejo, Sarah D. Watford, Willie Williams, Yvonne B. Williams, Cindy Wills, Richard Wills.(Herskowitz, Michael) Modified on 2/27/2014 (ldi). |
| Filing 19 NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Fed. R. Civ. P. 41(a)(1), Irvin R. Borrero, et al, Plaintiffs herein, voluntarily dismiss without prejudice, their claims in the above entitled action as set forth in the Complaint filed on December 6, 2013, with respect to Defendants Embrace Home Loans, Inc., Midwest Bank, and Provident Funding Associates. (Signed by Judge Jesse M. Furman on 2/19/2014) (mro) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Michael Herskowitz Document #18 Notice of Voluntary Dismissal, was referred to Judge Jesse M. Furman for approval. (dt) |
| Filing 18 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Embrace Home Loans, Inc., Midwest Bank, Provident Funding Associates, L.P.. Document filed by All Plaintiffs. (Herskowitz, Michael) Modified on 2/18/2014 (dt). |
| Filing 17 NOTICE OF DISMISSAL: Pursuant to Fed. R. Civ. P. 41(a)(1), Douglas Flowers and Barbara Flowers, Plaintiffs herein, voluntarily dismiss, without prejudice, their claims in the above entitled action as set forth in the Complaint filed on December 6, 2013. (Signed by Judge Jesse M. Furman on 2/11/2014) (lmb) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Michael Herskowitz Document #16 Notice of Voluntary Dismissal, was referred to Judge Jesse M. Furman for approval. (dt) |
| Filing 16 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants. Document filed by Barbara Flowers, Douglas Flowers. (Herskowitz, Michael) Modified on 2/10/2014 (dt). |
| Filing 15 MEMO ENDORSEMENT on re: #13 Letter filed by Mortgage Investors Corporation. ENDORSEMENT: The motion is DENIED as moot. The Clerk of Court is directed to terminate Docket No. 4., Motions terminated: #4 MOTION for Costs of Previous Action and to Stay filed by Mortgage Investors Corporation. (Signed by Judge Jesse M. Furman on 2/5/2014) (lmb) |
| Filing 14 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a)(1), Irvin R. Borrero, et al, Plaintiffs herein, voluntarily dismiss with prejudice, their claims in the above entitled action as set forth in the Complaint filed on December 6, 2013, with respect to Defendant Mortgage Investors Corporation. Furthermore, Mimi Fogarty, a named Plaintiff herein, voluntarily dismisses with prejudice, her claims in the above entitled action with respect to all Defendants., Mimi Fogarty and Mortgage Investors Corporation terminated. (Signed by Judge Jesse M. Furman on 2/5/2014) (lmb) |
| Filing 13 LETTER addressed to Judge Jesse M. Furman from Michael Y. Kieval dated February 5, 2014 re: Motion for Costs of Previous Action and to Stay (ECF No. 4). Document filed by Mortgage Investors Corporation.(Kieval, Michael) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER addressed to Judge Jesse M. Furman from Michael Y. Kieval dated February 5, 2014 re: Motion for Costs of Previous Action and to Stay (ECF No. 4). Document filed by Mortgage Investors Corporation.(Kieval, Michael) Modified on 2/19/2014 (db). |
| Filing 11 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, With Prejudice prejudice against the defendant(s) Mortgage Investors Corporation. Document filed by All Plaintiffs. (Herskowitz, Michael) Modified on 2/6/2014 (dt). Modified on 2/6/2014 (dt). |
| Filing 10 DECLARATION of Michael Y. Kieval in Support re: #4 MOTION for Costs of Previous Action and to Stay.. Document filed by Mortgage Investors Corporation. (Kieval, Michael) |
| Filing 9 DECLARATION of Michael Y. Kieval in Support re: #4 MOTION for Costs of Previous Action and to Stay.. Document filed by Mortgage Investors Corporation. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Kieval, Michael) |
| Filing 8 MEMORANDUM OF LAW in Support re: #4 MOTION for Costs of Previous Action and to Stay.. Document filed by Mortgage Investors Corporation. (McElroy, Jason) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jason Wayne McElroy to RE-FILE Document #5 Memorandum of Law in Support of Motion. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
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Filing 7
ORDER granting #3 Motion for Michael Ya'akov Kieval to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mortgage Investors Corporation.(McElroy, Jason) |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #4 MOTION for Costs of Previous Action and to Stay.. Document filed by Mortgage Investors Corporation. (Attachments: #1 Exhibit First Declaration of Michael Y. Kieval, #2 Exhibit Exhibit List for First Declaration of Michael Y. Kieval, #3 Exhibit Ex. A to First Declaration, #4 Exhibit Ex. B to First Declaration, #5 Exhibit Ex. C to First Declaration, #6 Exhibit Ex. D to First Declaration, #7 Exhibit Ex. E to First Declaration, #8 Exhibit Ex. F to First Declaration, #9 Exhibit Ex. G to First Declaration, #10 Exhibit Ex. H to First Declaration, #11 Exhibit Second Declaration of Michael Y. Kieval)(McElroy, Jason) Modified on 1/23/2014 (ldi). |
| Filing 4 MOTION for Costs of Previous Action and to Stay. Document filed by Mortgage Investors Corporation.(McElroy, Jason) |
| Filing 3 MOTION for Michael Ya'akov Kieval to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mortgage Investors Corporation. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)(Kieval, Michael) |
| Pro Hac Vice Fee Paid electronically via Pay.gov: for #3 MOTION for Michael Ya'akov Kieval to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number 0208-9282324, paid on 1/22/2014. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3 MOTION for Michael Ya'akov Kieval to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 2 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/5/2014 at 03:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/26/2013) (tn) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Michael Elliot Herskowitz for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint,,,,,, to: caseopenings@nysd.uscourts.gov. (jd) |
| Filing 1 COMPLAINT against Aurora Financial Group, Inc., Branch Banking & Trust Company, Eric Brown, Capital One Financial Corporation, Carrington Mortgage Services L.L.C., Citizens National Bank of Blufton, Dovenmuehle Mortgage, Inc., Eastern Savings Bank, FSB, Embrace Home Loans, Inc., Emigrant Mortgage Company, Fifth Third Mortgage Company, Lansdowne Morgage, L.L.C., MGC Mortgage, Inc., McCue Mortgage Company, Midwest Bank, Mortgage Investors Corporation, North Coast Credit Union, Inc., PHH Mortgage Corporation, PNC Mortgage, Inc., Pennymac Loan Services, L.L.C., Provident Funding Associates, L.P., RBS Citizens N.A., Regions Bank, Residential Credit Solutions, Inc., Roundpoint Mortgage Servicing Corporation, Sovereign Bank, N.A., Statebridge Company, L.L.C., SunTrust Banks, Inc., Vanderbilt Mortgage and Finance, Inc., Yale Mortgage Corporation. (Filing Fee $ 350.00, Receipt Number 1082896)Document filed by Joshua Herrick, Barbara Flowers, Timothy Demel, Charles Jones, Bessie A. Engel, Benjamin Patten, Gabriel Joseph, Charles Garcia, Katherine M. DeYoung, Albert Taylor, Ken Tanner, Douglas Flowers, Cindy Wills, Barbara Tanner, Mary Drearry, Homer Cabotaje, Alisa A. Bivalacqua, Willie Williams, Michael Charles, Leon Bastian, Kathy Haviland, Mimi Fogarty, Justin Choiniere, Irvin R. Borrero, Teresa Cabotaje, Anthony Ricks, Arthur N. Diggs, Johnny Perry, Margie Carducci, John Roes, Rick Blake, David Spolan, Yvonne B. Williams, Yanez McGriff, Diannia Charles, Mary M. Sackes, Leonid Nabedrik, Darren M. Kopta, Daisy Verdejo, Tracy Burt, Deanna Schwind, Sarah D. Watford, Aubrey Greenzweig, Richard Wills, Mark Trudeau, Juan M. Mejia, Iris Cervantes.(laq) (msa). |
| SUMMONS ISSUED as to Aurora Financial Group, Inc., Branch Banking & Trust Company, Eric Brown, Capital One Financial Corporation, Carrington Mortgage Services L.L.C., Citizens National Bank of Blufton, Dovenmuehle Mortgage, Inc., Eastern Savings Bank, FSB, Embrace Home Loans, Inc., Emigrant Mortgage Company, Fifth Third Mortgage Company, Lansdowne Morgage, L.L.C., MGC Mortgage, Inc., McCue Mortgage Company, Midwest Bank, Mortgage Investors Corporation, North Coast Credit Union, Inc., PHH Mortgage Corporation, PNC Mortgage, Inc., Pennymac Loan Services, L.L.C., Provident Funding Associates, L.P., RBS Citizens N.A., Regions Bank, Residential Credit Solutions, Inc., Roundpoint Mortgage Servicing Corporation, Sovereign Bank, N.A., Statebridge Company, L.L.C., SunTrust Banks, Inc., Vanderbilt Mortgage and Finance, Inc., Yale Mortgage Corporation. (laq) |
| Case Designated ECF. (laq) |
| Magistrate Judge Michael H. Dolinger is so designated. (laq) |
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