Foley v. Citizens Bank, NA.
| James Foley |
| Citizens Bank, NA. |
| 3:2023cv01059 |
| August 8, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Thomas O Farrish |
| Banks and Banking |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 NOTICE of Appearance by Geoffrey W. Millsom on behalf of Citizens Bank, NA. (Millsom, Geoffrey) |
| Filing 16 AFFIDAVIT re #15 MOTION to Transfer to Another District MOTION to Compel MOTION to Stay re #1 Complaint Signed By Kevin Farrell filed by Citizens Bank, NA.. (Attachments: #1 Exhibit A- Signature Card, #2 Exhibit B - Personal Deposit Account Agreement, #3 Exhibit C - Fees and Features Guide, #4 Exhibit D - March 2023 Addendum, #5 Exhibit E - June 2023 Addendum)(Force, Brenna) |
| Filing 15 MOTION to Transfer to Another District , MOTION to Compel (Responses due by 10/17/2023, ), MOTION to Stay re #1 Complaint (Responses due by 10/17/2023, ) by Citizens Bank, NA.. (Attachments: #1 Memorandum in Support)(Force, Brenna) |
| Filing 14 Disclosure Statement by Citizens Bank, NA. identifying Corporate Parent Citizens Financial Group, Inc., Other Affiliate BlackRock, Inc., Other Affiliate The Vanguard Group, Inc. for Citizens Bank, NA.. (Force, Brenna) |
| Filing 13 NOTICE of Appearance by Brenna Anatone Force on behalf of Citizens Bank, NA. (Force, Brenna) |
| Filing 12 SUMMONS Returned Executed by James Foley. Citizens Bank, NA. served on 9/5/2023, answer due 9/26/2023. (Fanelle, N.) |
Filing 11
ORDER denying #2 Motion for Leave to Proceed In Forma Pauperis. The plaintiff has paid the filing fee and the motion is therefore moot. Signed by Judge Thomas O. Farrish on 9/1/23. (Wood, R.)
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| Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Citizens Bank, NA.* with answer to complaint due within *21* days. *James Foley* *28 Coco Drive* *Colchester, CT 06415*. (Mendez, D) |
| Filing fee received from James Foley: $ 402.00, receipt number 609421. HFD receipt number 20540. (Mendez, D) |
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Filing 9
NOTICE OF INSUFFIENCY re #2 Motion for Leave to Proceed in forma pauperis. The plaintiff has filed a motion for leave to proceed in forma pauperis; in other words, he seeks to commence a federal lawsuit without paying the $402 filing fee. A federal law, 28 U.S.C. 1915, permits him to do so if he submits a financial affidavit that demonstrates his inability to pay. Like any document that is submitted under penalty of perjury to induce action by a federal court, a financial affidavit in support of an in forma pauperis motion must be filled out carefully. Cf., e.g., Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (stating that financial affidavits are to be completed with "particularity, definiteness and certainty").The Court has reviewed the plaintiff's financial affidavit and a number of items demonstrate that his application to proceed in forma pauperis has not been filled out with the ''particularity, definiteness and certainty'' that the law requires. For example, the plaintiff writes that he pays $50 a month in car insurance, but then he says that he owns no car. (ECF No. 2, at 4.) The plaintiff also indicated that he is married, but he left the section for his spouse's employment and income blank. (Id. at 2-3.) The plaintiff denied having ever filed another case in federal court, but a comparison of the addresses in the complaints reveals that he is the same James Foley who brought the prior federal case of Foley v. Town of Marlborough, 3:19-cv-1481 (VAB). Additionally, the docket in that case reveals that the plaintiff recouped a settlement only a few months ago, but his financial affidavit does not list any settlement funds among his assets. Finally, the Court finds it difficult to credit the plaintiff's claim not to know his employer's address.The Court will allow the plaintiff another chance to fill out the financial affidavit form, this time with the care that the law requires. Unless he prefers instead to pay the $402 filing fee, the plaintiff is ordered to obtain another blank affidavit form from the District Court website, and to fill it out completely, truthfully, and accurately. If he chooses this course of action (in other words, if he chooses not to pay the filing fee), the plaintiff must file the revised affidavit form with the Clerk of the Court by September 5, 2023 or his case may be dismissed. The plaintiff is respectfully reminded that the application form is signed under penalty of perjury, and that the making of knowingly false statements in such a form may subject him to civil and criminal penalties. Signed by Judge Thomas O. Farrish on 8/15/23.(Wood, R.)
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Thomas O. Farrish for ruling on #2 MOTION for Leave to Proceed in forma pauperis and review of the complaint pursuant to 28 U.S.C. 1915. Signed by Judge Kari A. Dooley on 8/10/2023. Motion referred to Judge Thomas O. Farrish.(Gould, K.)
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Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 8/8/2023. (Fanelle, N.)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 8/8/2023. (Fanelle, N.)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 10/7/2023 Discovery due by 2/7/2024 Dispositive Motions due by 3/13/2024 Signed by Clerk on 8/8/2023. (Fanelle, N.)
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| Judge Kari A. Dooley and Judge Thomas O. Farrish added. (Shafer, J.) |
| Filing 4 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 8/8/2023. (Gaskins, A) |
| Filing 3 Consent to Electronic Notice by James Foley (Gaskins, A) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by James Foley. (Gaskins, A) |
| Filing 1 COMPLAINT against Citizens Bank, NA., filed by James Foley. (Gaskins, A) |
| Request for Clerk to issue summons as to Citizens Bank, NA. (Gaskins, A) |
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| Plaintiff: James Foley | |
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| Defendant: Citizens Bank, NA. | |
| Represented By: | Brenna Anatone Force |
| Represented By: | Geoffrey W. Millsom |
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