United States of America v. Wharton et al
Plaintiff: United States of America
Defendant: Wendy L. Wharton, Capital One Bank (USA) NA, New York State Department of Finance Civil Enforcement CO-ATC, Midland Funding LLC dba New York as Midland Funding of Delaware LLC and JOHN DOE, MARY ROE, AND XYZ CORPORATION
Case Number: 6:2012cv06588
Filed: November 2, 2012
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Ontario
Presiding Judge: Charles J Siragusa
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1345 USA Plaintiff
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 17, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2018 Opinion or Order Filing 24 ORDER FOR CANCELLATION OF NOTICE OF PENDENCY. Signed by Hon. Charles J. Siragusa on 4/17/18. (KAP)
April 16, 2018 Filing 23 STIPULATION of Dismissal by United States of America. (Kalb, Robert)
February 23, 2018 Opinion or Order Filing 22 ORDER granting #20 Motion to Reopen Case. Signed by Hon. Charles J. Siragusa on 2/22/2018. (BK)
February 14, 2018 Filing 21 AFFIDAVIT in Support re #20 MOTION to Reopen Case filed by United States of America. (Attachments: #1 Exhibit, #2 Certificate of Service)(Kalb, Robert)
February 14, 2018 Filing 20 MOTION to Reopen Case by United States of America.(Kalb, Robert)
July 31, 2015 Filing 19 -CLERK TO FOLLOW UP-ORDER GRANTING CASE CLOSURE WITH LEAVE TO REOPEN granting #17 Motion. Signed by Hon. Charles J. Siragusa on 7/30/15. (KAP)
July 30, 2015 Filing 18 AFFIDAVIT in Support re #17 MOTION Administratively Close Case with Leave to Reopen filed by United States of America. (Kalb, Robert)
July 30, 2015 Filing 17 MOTION Administratively Close Case with Leave to Reopen by United States of America.(Kalb, Robert)
February 8, 2013 Filing 16 LETTER ORDER granting #15 Motion to Withdraw #13 MOTION for Judgment of Foreclosure and Sale and for Amendment of the Caption to Identify the Defendant, John Doe and to Dismiss Defendants Mary Roe and XYZ Corporation, #15 MOTION to Withdraw #13 MOTION for Judgment of Foreclosure and Sale and for Amendment of the Caption to Identify the Defendant, John Doe and to Dismiss Defendants Mary Roe and XYZ Corporation . Signed by Hon. Charles J. Siragusa on 2/8/13. (KAP)
February 7, 2013 Filing 15 MOTION to Withdraw #13 MOTION for Judgment of Foreclosure and Sale and for Amendment of the Caption to Identify the Defendant, John Doe and to Dismiss Defendants Mary Roe and XYZ Corporation by United States of America.(Murphy, Gerald)
January 11, 2013 Filing 14 AFFIDAVIT in Support re #13 MOTION for Judgment of Foreclosure and Sale and for Amendment of the Caption to Identify the Defendant, John Doe and to Dismiss Defendants Mary Roe and XYZ Corporation filed by United States of America. (Attachments: #1 Exhibit D to E, #2 Exhibit E continued to I, #3 Exhibit J through N, #4 Exhibit O)(Murphy, Gerald)
January 11, 2013 Filing 13 MOTION for Judgment of Foreclosure and Sale and for Amendment of the Caption to Identify the Defendant, John Doe and to Dismiss Defendants Mary Roe and XYZ Corporation by United States of America.(Murphy, Gerald)
January 4, 2013 Filing 12 Clerk's ENTRY OF DEFAULT as to Capital One Bank (USA) NA, JOHN DOE, Midland Funding LLC dba New York as Midland Funding of Delaware LLC, New York State Department of Finance Civil Enforcement CO-ATC, and Wendy L. Wharton. (BK)
January 3, 2013 Filing 11 REQUEST for Clerk's Entry of Default by United States of America against Capital One Bank (USA) NA, JOHN DOE, MARY ROE, AND XYZ CORPORATION, Midland Funding LLC dba New York as Midland Funding of Delaware LLC, New York State Department of Finance Civil Enforcement CO-ATC, Wendy L. Wharton. (Murphy, Gerald)
November 29, 2012 Filing 10 NOTICE of Appearance by Audrey V. A. Bullen on behalf of New York State Department of Finance Civil Enforcement CO-ATC (Bullen, Audrey)
November 26, 2012 Filing 9 SUMMONS Returned Executed by United States of America. Midland Funding LLC dba New York as Midland Funding of Delaware LLC served on 11/9/2012, answer due 11/30/2012. (Murphy, Gerald)
November 26, 2012 Filing 8 SUMMONS Returned Executed by United States of America. Capital One Bank (USA) NA served on 11/15/2012, answer due 12/6/2012. (Murphy, Gerald)
November 19, 2012 Filing 7 Summons Returned Unexecuted by United States of America as to JOHN DOE, MARY ROE, AND XYZ CORPORATION. (Murphy, Gerald)
November 19, 2012 Filing 6 SUMMONS Returned Executed by United States of America. JOHN DOE, MARY ROE, AND XYZ CORPORATION served on 11/7/2012, answer due 11/28/2012. (Murphy, Gerald)
November 19, 2012 Filing 5 SUMMONS Returned Executed by United States of America. New York State Department of Finance Civil Enforcement CO-ATC served on 11/5/2012, answer due 11/26/2012. (Murphy, Gerald)
November 19, 2012 Filing 4 SUMMONS Returned Executed by United States of America. Wendy L. Wharton served on 11/7/2012, answer due 11/28/2012. (Murphy, Gerald)
November 2, 2012 Filing 3 Summons Issued as to Capital One Bank (USA) NA, JOHN DOE, MARY ROE, AND XYZ CORPORATION, Midland Funding LLC dba New York as Midland Funding of Delaware LLC, New York State Department of Finance Civil Enforcement CO-ATC, Wendy L. Wharton. (TA)
November 2, 2012 Filing 2 NOTICE of Lis Pendens by United States of America (Murphy, Gerald)
November 2, 2012 Filing 1 COMPLAINT against Capital One Bank (USA) NA, JOHN DOE, MARY ROE, AND XYZ CORPORATION, Midland Funding LLC dba New York as Midland Funding of Delaware LLC, New York State Department of Finance Civil Enforcement CO-ATC, Wendy L. Wharton, filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Murphy, Gerald)
November 2, 2012 Notification of chambers of on-line civil opening. (TA)

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Plaintiff: United States of America
Represented By: Robert J. Kalb
Represented By: Gerald N. Murphy
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Defendant: Wendy L. Wharton
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Defendant: Capital One Bank (USA) NA
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Defendant: New York State Department of Finance Civil Enforcement CO-ATC
Represented By: Audrey V. A . Alexander
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Defendant: Midland Funding LLC dba New York as Midland Funding of Delaware LLC
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Defendant: JOHN DOE, MARY ROE, AND XYZ CORPORATION
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