Maecker v. EverHome Mortgage Company

Plaintiff: William Albert Maecker
Defendant: EverHome Mortgage Company
Case Number: 1:2013cv00305
Filed: March 25, 2013
Court: New York Western District Court
Office: Buffalo Office
County: Chautauqua
Presiding Judge: Richard J. Arcara
Nature of Suit: Real Property: Other
Cause of Action: 28:1332 Diversity-Contract Dispute
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
March 26, 2014 25 Opinion or Order of the Court -CLERK TO FOLLOW UP-ORDER- Adopting Magistrate Judge Hugh B. Scott's Report and Recommendation as filed on January 6, 2014. The defendant's motion to dismiss 8 is treated as a motion for summary judgment and is granted in its entirety. Plaintiff's cross-motion for summary judgment, motion to expedite and motion to amend the complaint [13, 16] are denied. The Complaint is dismissed, and the Clerk of the Court shall close the case. Signed by Hon. Richard J. Arcara on 3/27/14. (Staff, Lisa)
March 26, 2014 26 Opinion or Order of the Court -CLERK TO FOLLOW UP- ORDER granting 8 Motion to Dismiss for Lack of Jurisdiction. Signed by Hon. Richard J. Arcara on 3/27/14. (LAS)
August 1, 2014 33 Opinion or Order of the Court ORDER: For the reasons stated in the attached Order, the Court finds that it lacks the necessary jurisdiction to rule on Plaintiff's motion for reconsideration 31 and 32 . However, pursuant to Federal Rule of Civil Procedure 62.1(a)(3), the Court indicates that if the Court of Appeals were to remand the issue pursuant to Federal Rule of Appellate Procedure 12.1, the Court would grant the motion for reconsideration for the limited purpose of reconsidering the Report and Recommendation i n light of Plaintiff's untimely objections and exhibits. Plaintiff is advised that he is obligated to provide notice of this Court's indicative ruling to the Clerk of the Court of Appeals for the Second Circuit. A copy of the Order and this docket entry have been mailed to William Maecker, 133 Central Avenue, Silver Creek, NY 14136. Signed by Hon. Richard J. Arcara on 7/31/14. (LAS)
November 24, 2014 37 Opinion or Order of the Court ORDER: Upon reconsideration pursuant to Federal Rule of Civil Procedure 60(b)(1) of the Courts entry of summary judgment in favor of defendant Everhome Mortgage Company, and for the reasons stated above and in the Magistrate Judge Hugh B. Scotts Rep ort and Recommendation, Dkt. No. 19, as modified, the Clerk is directed to: (1) vacate the Courts prior Orders, Dkt. Nos. 25, 26; (2) vacate the Judgment entered March 27, 2014, Dkt. No. 27; but (3) upon the Courts renewed grant of summary judgment i n favor of defendant Everhome for the reasons stated above and in the Report and Recommendation, and denying injunctive relief as moot, (4) enter judgment in favor of defendant Everhome on this Decision and Order. SO ORDERED -CLERK TO FOLLOW UP-. Signed by Hon. Richard J. Arcara on 11/24/14. (LAS)

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Plaintiff: William Albert Maecker
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Defendant: EverHome Mortgage Company
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