Rothbaum v. Bank of America, N.A.
| Rothbaum and Garry Rothbaum |
| Bank of America, N.A. |
| 1:2016cv02387 |
| March 31, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| Andrew L Carter |
| Real Property: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 20, 2017. A more recent docket listing may be available from PACER.
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Filing 18
CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated January 19, 2017, Defendant's motion to dismiss the Complaint is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/20/2017) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km)
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Filing 17
OPINION AND ORDER #107035 re: #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) filed by Bank of America, N.A. For the reasons set forth above, Defendant's motion to dismiss the Complaint is GRANTED. The Clerk of the Court is respectfully requested to close the case. (Signed by Judge Andrew L. Carter, Jr on 1/19/2017) (cla) Modified on 2/14/2017 (ap).
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Transmission to Judgments and Orders Clerk. Transmitted re: #17 Memorandum & Opinion, to the Judgments and Orders Clerk. (cla)
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Filing 16
REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6). . Document filed by Bank of America, N.A.. (Chapman, Jeffrey)
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Filing 15
MEMORANDUM OF LAW in Opposition re: #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6). . Document filed by Garry Rothbaum. (Paradis, Paul)
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Filing 14
REVISED SCHEDULING ORDER: BEFORE THE COURT is Plaintiffs' request to amend the Court's April 26, 2016 Scheduling Order. Upon consideration, it is ORDERED AND ADJUDGED that: 1. Plaintiff's Opposition to Defendant's Motion to Dismiss shall be filed on July 6, 2016; 2. Defendant's Reply in Further Support of Defendant's Motion to Dismiss shall be filed on July 19, 2016. Responses due by 7/6/2016 Replies due by 7/19/2016. (Signed by Judge Andrew L. Carter, Jr on 6/17/2016) (kgo)
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Filing 13
FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Gina M. Tufaro dated June 17, 2016 re: extension of time to file opposition. Document filed by Garry Rothbaum. (Attachments: #1 Text of Proposed Order)(Paradis, Paul)
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Filing 12
MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6). . Document filed by Bank of America, N.A.. (Chapman, Jeffrey)
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Filing 11
DECLARATION of Jeffrey J. Chapman, Esq. in Support re: #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6).. Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chapman, Jeffrey)
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Filing 10
MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6). Document filed by Bank of America, N.A.. Responses due by 6/21/2016(Chapman, Jeffrey)
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Filing 9
ORDER FOR ADMISSION PRO HAC VICE granting #8 Motion for Carlo L. Rodes to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 5/11/2016) (cf)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Carlo L. Rodes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12285472. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
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Filing 8
MOTION for Carlo L. Rodes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12285472. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bank of America, N.A.. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order)(Rodes, Carlo)
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Filing 7
ORDER denying #4 Letter Motion for Local Rule 37.2 Conference. On April 7, 2016, Defendant Bank of America, N.A. filed a letter motion requesting a pre-motion conference on an anticipated motion to dismiss, pursuant to Fed. R. Civ. P. 12(b)(6). On April 12, 2016, Plaintiff filed his response. Defendant's motion for a pre-motion conference is DENIED and the Court sets the following briefing schedule: Defendant's Motion: May 24, 2016; Plaintiff's Opposition: June 21, 2016; and Defendant's Reply, if any: July 5, 2016. (Signed by Judge Andrew L. Carter, Jr on 4/26/2016) (kgo)
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Set/Reset Deadlines: Motions due by 5/24/2016. Responses due by 6/21/2016 Replies due by 7/5/2016. (kgo)
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Filing 6
NOTICE OF APPEARANCE by Gina M Tufaro on behalf of Garry Rothbaum. (Tufaro, Gina)
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Filing 5
RESPONSE re: #4 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Andrew L. Carter, Jr. from Jeffrey J. Chapman dated April 7, 2016. . Document filed by Garry Rothbaum. (Tufaro, Gina)
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Filing 4
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Andrew L. Carter, Jr. from Jeffrey J. Chapman dated April 7, 2016. Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit A)(Chapman, Jeffrey)
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***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey James Chapman. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Nassau. (pc)
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Magistrate Judge Sarah Netburn is so designated. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
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Case Designated ECF. (pc)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BANA Holdings Corporation, Other Affiliate BAC North America Holding Company, Other Affiliate Bank Of America Corporation, Other Affiliate NB Holdings Corporation for Bank of America, N.A.. Document filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chapman, Jeffrey)
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Filing 2
CIVIL COVER SHEET filed. (Chapman, Jeffrey)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651044/2016. (Filing Fee $ 400.00, Receipt Number 0208-12131665).Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Chapman, Jeffrey)
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