M&T Bank v. Casper et al
| M&T Bank |
| Bernadette Casper, David Dale and Northwest Savings Bank |
| 1:2023cv00281 |
| March 29, 2023 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| John L Sinatra |
| Real Property: Foreclosure |
| Defendant |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
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Filing 15
REPORT AND RECOMMENDATION addressing M&T Bank's motion to remand #11 . Objections to R&R due by 6/12/2023. Signed by Hon. Jeremiah J. McCarthy on 5/26/23. (MDY)This was mailed and e-mailed to: defendants Casper and Dale.
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Filing 14
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 5/17/2023. The individual defendants and counsel for the plaintiff appear by telephone to argue plaintiff's motion to remand to state court. The court indicates it has reviewed the papers and hears argument from those parties. The court reserves decision.APPEARANCES (by phone): Natalie Grigg for plaintiff; Defendants Bernadette Casper and David Dale (Court Reporter AT&T) (EG) A copy of this entry mailed and emailed to defendants.
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Filing 13
REPLY to Response to Motion re #11 First MOTION to Remand filed by M&T Bank. (Attachments: #1 Certificate of Service)(Grigg, Natalie)
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Filing 12
JOINT DECLARATION re #11 First MOTION to Remand filed by Bernadette Casper, David Dale. (CGJ)
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Filing 11
First MOTION to Remand by M&T Bank. (Attachments: #1 Affidavit Affidavit of Mailing)(Grigg, Natalie)
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Filing 10
NOTICE of Appearance by David P. Case on behalf of Northwest Savings Bank (Case, David)
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Filing 9
DEMAND for Trial by Jury by Bernadette Casper, David Dale. (Attachments: #1 Certificate of Service) (CGJ)
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Filing 8
TEXT ORDER: As discussed and agreed by the parties during today's telephonic status conference, plaintiff's motion to remand this matter to state court shall be filed on or before April 21, 2023. Defendants' response(s) shall be filed on or before May 8, 2023. Plaintiff's reply, if any, shall be filed by May 12, 2023. Oral argument shall be heard by teleconference on May 17, 2023 at 2:00 p.m. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. The court directs the defendants to the pro se resources available on its web site at: https://www.nywd.uscourts.gov/pro-se-self-representation. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/7/2023. (JD)This was mailed and emailed to defendants.
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Filing 7
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephone Conference held on 4/7/2023. The parties appear by teleconference and discuss initial issues in the case. The court indicates it will prioritize assessing the propriety of removal. A briefing schedule on plaintiff's motion to remand is discussed and set. Mail and email addresses for defendants confirmed. Text order to issue. APPEARANCES (by phone): Natalie Grigg for plaintiff; Defendant Bernadette Casper, David Dale (Court Reporter AT&T) (EG)
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Filing 6
NOTICE of Withdrawal of Attorney: Brettanie L. Saxton no longer appearing for Plaintiff M&T Bank. CLERK TO FOLLOW UP. (Attachments: #1 Certificate of Service)(Grigg, Natalie)
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Filing 5
NOTICE of Appearance by Natalie A. Grigg on behalf of M&T Bank (Attachments: #1 Certificate of Service)(Grigg, Natalie)
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Filing 4
TEXT ORDER: A teleconference to discuss this removal action is set for April 7, 2023 at 10:00 AM before Hon. Jeremiah J. McCarthy. Each party in this action shall appear by telephone, either personally or through counsel. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/31/2023. (EG)This order was emailed to the parties and mailed to pro se defendants.
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Filing 3
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/30/2023. (KLH)
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Filing 2
State Court Documents - 2 Volumes Manually filed due to size re #1 NOTICE OF REMOVAL. (CGJ)
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Filing 1
NOTICE OF REMOVAL by Bernadette Casper, David Dale from Erie County Supreme Court, case number 813211/2019., filed by Bernadette Casper, David Dale. (CGJ)
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Filing fee received: $402.00, receipt number 100001323 (CGJ)
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Remark: Defendant's have been given a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, Pro Se Assistance Program Information and ADR Notification. (CGJ)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
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