Church-El v. Bank of New York
Khyon Ernest Church-El |
Bank of New York, Bank of America Corporation, Equicredit Corporation of America and Select Portfolio Servicing Inc. |
1:2011cv00877 |
September 28, 2011 |
US District Court for the District of Delaware |
Wilmington Office |
New Castle |
Noel L Hillman |
Karen M Williams |
Securities/Commodities |
15 U.S.C. § 1681 Fair Credit Reporting Act |
Plaintiff |
Docket Report
This docket was last retrieved on October 26, 2016. A more recent docket listing may be available from PACER.
Document Text |
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Filing 86 USCA Order Terminating Appeal as to #82 Notice of Appeal to the Third Circuit filed by Khyon Ernest Church-El. USCA Decision: Appeal Dismissed. (kr) |
Filing 85 LETTER to U.S. Third Circuit Court of Appeals from Clerk of the Court, dated 4/21/2016, enclosing copy of reply brief filed in error. (Attachments: #1 Copy of Reply Brief)(klc) |
Filing 84 Letter to Clerk, U. S.Court of Appeals from Clerk's Office regarding Filed in Error.(Attachments: #1 Answer to motion)(aah) (Main Document 84 replaced on 3/28/2016) (aah, ). |
Filing 83 NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re #82 Notice of Appeal to the Third Circuit filed by Khyon Ernest Church-El. USCA Case Number 16-1325. USCA Case Manager: Kirsi (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (kr) |
Filing 82 NOTICE OF APPEAL to the Third Circuit of #79 Order on Motion to Dismiss/Failure to State Claim, Order on Motion to Amend/Correct. Appeal filed by Khyon Ernest Church-El. Filing fee $505, receipt number DEX025148. TPO provided. (cna) |
Filing 81 ORDER DENYING #80 Reply Brief filed by Khyon Ernest Church-El. Signed by Judge Noel L. Hillman on 1/28/16. (Copy of order mailed to plaintiff at address noted on docket) (bkb) |
Filing 80 REPLY LETTER BRIEF - filed by Khyon Ernest Church-El. (cna) |
Filing 79 ORDER granting #62 Motion to Dismiss; denying #74 Motion to Amend/Correct; CASE CLOSED. Signed by Judge Noel L. Hillman on 12/15/15. (bkb) |
Filing 78 OPINION - see Order filed same date for details.. Signed by Judge Noel L. Hillman on 12/15/15. (bkb) |
Remark: A copy of the Opinion DI #78 and Order DI #79 filed 12/15/15 were mailed on 12/15/15 to plaintiff at 1725 West 2nd Street, Wilmington, DE 19805 (bkb) |
Filing 77 REPLY to Motion re #74 MOTION to Amend/Correct #1 Complaint (Pro Se), filed by Khyon Ernest Church-El. (sar) |
Filing 76 LETTER OBJECTIONS to #73 REPLY to Response to Motion re: #62 MOTION to Dismiss for Failure - filed by Khyon Ernest Church-El (klc) |
Filing 75 MEMORANDUM in Opposition re #74 MOTION to Amend/Correct #1 Complaint (Pro Se), filed by Bank of New York.Reply Brief due date per Local Rules is 7/6/2015. (Attachments: #1 Certificate of Service)(Dorey, David) |
Filing 74 MOTION to Supplement #1 Complaint - filed by Khyon Ernest Church-El. (Attachments: #1 Proposed Supplement to Complaint)Motions referred to Karen M Williams.(etg, ) |
Filing 73 REPLY to Response to Motion re #62 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted filed by Bank of New York. (Attachments: #1 Certificate of Service)(Dorey, David) |
Filing 72 SUR-REPLY BRIEF re #62 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted filed by Khyon Ernest Church-El. (etg, ) |
Filing 71 Letter to the Honorable Noel Hillman from Khyon Ernest Church-El regarding Objections to #70 Declaration. (etg, ) |
Filing 70 DECLARATION re #68 Letter, #69 Letter by Bank of New York. (Attachments: #1 Certificate of Service)(Dorey, David) |
Filing 69 Letter (dated May 19,2015) to Judge Hillman from Plaintiff regarding non-receipt of defendant's motion to dismiss #62 and requesting an appropriate amount of time to file a response to the motion (bkb) |
Filing 68 Letter to Judge Hillman from Khyon Ernest Church-El regarding proper service of Opening Brief. (etg, ) |
Filing 67 REPLY to Response to Motion re #62 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted filed by Bank of New York. (Attachments: #1 Certificate of Service)(Dorey, David) |
Filing 66 RESPONSE to Motion re #62 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted filed by Khyon Ernest Church-El. (mas, ) |
Filing 65 NOTICE of Lack of Opposition to the Motion to Dismiss filed by Bank of New York, as Trustee for the Holders of Asset-Backed Certificate Series 2001-1F, for Failure to State a Claim Upon Which Relief May Be Granted and Request for Submission of Motion for Consideration as Unopposed by Bank of New York re #62 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted (Attachments: #1 Certificate of Service)(Dorey, David) |
Filing 64 REQUEST for Oral Argument by Bank of New York re #62 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted. (Attachments: #1 Certificate of Service)(Dorey, David) |
Filing 63 OPENING BRIEF in Support re #62 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted filed by Bank of New York.Answering Brief/Response due date per Local Rules is 3/30/2015. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Dorey, David) |
Filing 62 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted - filed by Bank of New York. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Dorey, David) |
Filing 61 MEMORANDUM OPINION AND ORDER: IT IS ORDERED that the motion [Doc. No. 50] to dismiss, insofar as such motion was filed by Defendant Bank of New York, is hereby DENIED; and it is further ORDERED that the motion [Doc. No. 50] to dismiss, insofar as such motion was filed by non-parties Bank of America, EquiCorp and Select, is hereby DISMISSED; and it is further ORDERED that Plaintiffs motion [Doc. No. 54] for summary judgment, which is contained within his opposition papers, is hereby DENIED WITHOUT PREJUDICE.. Signed by Judge Noel L. Hillman on 2/18/15. [Copy of Opinion and Order mailed this date to plaintiff at the address noted on the Opinion and Order] (bkb) |
Remark: Defendants Select Portfolio Servicing Inc., Bank of America Corporation and Equicredit Corporation of America are terminated as of 2/19/15; Please see 12/31/13 Opinion #45 @ page 14 "neither the Proposed Amended Complaint nor the Amended Complaint are of any legal effect in this matter, and both will be stricken."; Also see 2/18/15 Opinion #61 @ page 6, stating defendant BONY "is currently the sole defendant in this action." (bkb) |
Pro Hac Vice Attorney Joseph J. Patry for Bank of New York added for electronic noticing; See #58 and 2/19/15 remark for details. (bkb) |
Filing 60 RESPONSE TO OBJECTIONS by Bank of New York, Select Portfolio Servicing Inc. re #59 Letter . (Attachments: #1 Certificate of Service)(Dorey, David) |
Filing 59 Letter to Judge Hillman from Khyon Ernest Church-El regarding objection to defendant's new counsel - re #56 Notice of Substitution of Counsel. (mas) |
Pro Hac Vice Attorney Joseph J. Patry for Select Portfolio Servicing Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, ) |
SO ORDERED, re #58 MOTION for Pro Hac Vice Appearance of Attorney Joseph J. Patry filed by Select Portfolio Servicing Inc., Bank of New York. Granted by Judge Karen M Williams on 9/22/2014. (bkb) |
Filing 58 MOTION for Pro Hac Vice Appearance of Attorney Joseph J. Patry - filed by Bank of New York, Select Portfolio Servicing Inc.. Motions referred to Karen M Williams.(Dorey, David) |
Filing 57 NOTICE of Appearance by David A. Dorey on behalf of Bank of New York, Select Portfolio Servicing Inc. (Dorey, David) |
Filing 56 NOTICE OF SUBSTITUTION OF COUNSEL re Bank of New York: Entry of appearance of attorney David A. Dorey. Attorney Lisa R. Hatfield terminated. (Attachments: #1 Certificate of Compliance Certificate of Service)(Dorey, David) |
Filing 55 REPLY to Response to Motion re #52 MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Extension of Time to File Response filed by Bank of New York. (Hatfield, Lisa) |
Filing 54 ANSWERING BRIEF in Opposition re #50 Third MOTION to Dismiss for Insufficiency of Process First MOTION to Dismiss for Failure to State a Claim - filed by Khyon Ernest Church-El. Reply Brief due date per Local Rules is 5/15/2014. (cla, ) |
Filing 53 ORDER GRANTING #51 MOTION for Extension of Time to File filed by Khyon Ernest Church-El re #50 Third MOTION to Dismiss for Insufficiency of Process; Briefing Schedule re #50 Third MOTION to Dismiss for Insufficiency of Process; Answering Brief due 5/5/2014; Reply Brief due 5/12/2014. Signed by Judge Noel L. Hillman on 4/14/14. (bkb) |
Motions No Longer Referred: #51 MOTION for Extension of Time to File (rwc) |
Filing 52 Response to #51 MOTION for Extension of Time to File Response - filed by Bank of New York. (Hatfield, Lisa) Modified on 4/11/2014 (rwc). |
Filing 51 MOTION for Extension of Time to File - filed by Khyon Ernest Church-El. Motions referred to Karen M Williams.(cla, ) |
Remark: **Set Answering Brief Deadline re #50 Third MOTION to Dismiss for Insufficiency of Process; Answering Brief/Response due date per Local Rules is 4/7/2014. (bkb) [copy of this entry mailed to plaintiff on 3/21/14] (bkb) |
Filing 50 Third MOTION to Dismiss for Insufficiency of Process , First MOTION to Dismiss for Failure to State a Claim - filed by Bank of America Corporation, Bank of New York, Equicredit Corporation of America, Select Portfolio Servicing Inc.. (Hatfield, Lisa) |
Filing 49 SUMMONS Returned Executed on 2/28/14 as to Non-Party Lisa Hatfield, Esq. (Non-issued by Clerk). (rwc) |
Filing 48 AFFIDAVIT of Service for Initial Complaint served on Bank of New York Mellon, f/k/a Bank of New York as Trustee for the holders of Asset-Backed Certificate Series 2001-F on 2/28/14, filed by Khyon Ernest Church-El. (rwc) |
Filing 47 SUMMONS Returned Executed by Khyon Ernest Church-El. Bank of New York Mellon Corp. served on 2/27/2014, answer due 3/20/2014. (Note: No reissuance by Clerk's Office). (rwc) |
Set Deadlines: Notice of Compliance deadline set for 3/3/2014 for effectuation of service per DI #46 . (bkb) |
Filing 46 ORDER - IT IS HEREBY ORDERED that Defendant Bank of New Yorks motion [Doc. No. #33 to dismiss shall be, and hereby is, DENIED WITHOUT PREJUDICE; and it is further ORDERED that Plaintiffs motion [Doc. No. #39 seeking the entry of a default judgment against Defendant shall be, and hereby is DENIED AS MOOT; and it is further ORDERED that the joint motion [Doc. No. #42 to dismiss hereby is, DENIED AS MOOT; and it is further ORDERED that within sixty (60) days of the date of this Order Plaintiff shall effect proper service upon Defendant in accordance with the Federal Rules of Civil Procedure and the Delaware Code as set forth in the Courts March 21, 2013 Opinion or this matter will be dismissed without prejudice. Signed by Judge Noel L. Hillman on 12/31/13. (rwc) |
Filing 45 MEMORANDUM OPINION - Signed by Judge Noel L. Hillman on 12/31/13. (rwc) |
Filing 44 Letter to U.S. District Court from Khyon Ernest Church-El regarding Supplement to Letter dated 8/21/13. (rbe) |
Filing 43 LETTER BRIEF in Opposition - re #42 Joint MOTION to Dismiss for Insufficiency of Service of Process filed by Khyon Ernest Church-El. Reply Brief due date per Local Rules is 9/6/2013. (mdb) |
Filing 42 Joint MOTION to Dismiss for Insufficiency of Service of Process - filed by Bank of America Corporation, Select Portfolio Servicing Inc.. (Pross, Christina) |
Filing 41 Letter to Judge Hillman from Khyon Ernest Church-El, dated 7/24/13 requesting a ruling on - #39 MOTION for Default Judgment as to Bank of America Corporation, Bank of New York, Equicredit Corporation of America, Select Portfolio Servicing Inc.. (mdb) |
Filing 40 RESPONSE to Motion re #39 MOTION for Default Judgment as to Bank of America Corporation, Bank of New York, Equicredit Corporation of America, Select Portfolio Servicing Inc. filed by Bank of America Corporation, Bank of New York, Select Portfolio Servicing Inc.. (Hatfield, Lisa) |
Motions No Longer Referred: #39 MOTION for Default Judgment as to Bank of America Corporation, Bank of New York, Equicredit Corporation of America, Select Portfolio Servicing Inc. (bkb) |
Filing 39 MOTION for Default Judgment as to Bank of America Corporation, Bank of New York, Equicredit Corporation of America, Select Portfolio Servicing Inc. - filed by Khyon Ernest Church-El. Motions referred to Karen M Williams.(cla, ) |
Filing 38 LETTER RESPONSE to #33 Motion to Dismiss for Insufficiency of Service of Process filed by Khyon Ernest Church-El. (bkb) |
Remark: Set Reply Brief Deadline re #33 MOTION to Dismiss for Insufficiency of Process; Reply Brief due date per Local Rules is 6/14/2013. (bkb) (bkb) |
Filing 37 SUMMONS Returned Executed by Khyon Ernest Church-El. Select Portfolio Servicing Inc. served on 5/22/2013, answer due 6/12/2013. (bkb) |
Filing 36 SUMMONS Returned Executed by Khyon Ernest Church-El. Bank of New York served on 5/22/2013, answer due 6/12/2013. (bkb) |
Filing 35 SUMMONS Returned Executed by Khyon Ernest Church-El. Equicredit Corporation of America served on 5/22/2013, answer due 6/12/2013. (bkb) |
Filing 34 SUMMONS Returned Executed by Khyon Ernest Church-El. Bank of America Corporation served on 5/22/2013, answer due 6/12/2013. (bkb) |
Remark: Set Answering Brief Deadline re #33 Defendant's MOTION to Dismiss for Insufficiency of Process. Plaintiff's Answering Brief/Response due date per Local Rules is 6/10/2013. (bkb) |
Filing 33 MOTION to Dismiss for Insufficiency of Process , MOTION to Dismiss for Insufficiency of Service of Process - filed by Bank of America Corporation. (Attachments: #1 proposed order)(Hatfield, Lisa) |
Filing 32 Letter to Judge Hillman from Khyon Ernest Church-El, dated 5/21/13 - re #31 Amended Complaint. (mdb) |
Filing 31 AMENDED COMPLAINT - against Bank of America Corporation, Bank of New York, Equicredit Corporation of America, Select Portfolio Servicing Inc.. Filed by Khyon Ernest Church-El.(mdb) |
Summons Issued with Magistrate Consent Notice attached as to Bank of America Corporation on 5/21/2013; Bank of New York on 5/21/2013; Equicredit Corporation of America on 5/21/2013; Select Portfolio Servicing Inc. on 5/21/2013. (mdb) |
Filing 30 Letter to Judge Hillman from Khyon Ernest Church-El - re #24 Amended Complaint. (mdb) |
Filing 29 PROOF OF SERVICE for #24 proposed amended complaint served on Select Portfolio Servicing on 5/8/13, filed by Khyon Ernest Church-El. (bkb) |
Filing 28 PROOF OF SERVICE for #24 proposed amended complaint served on Equicredit Corporation of America on 5/8/13, filed by Khyon Ernest Church-El. (bkb) |
Filing 27 PROOF OF SERVICE for proposed amended complaint served on Bank of America Corporation on 5/8/13, filed by Khyon Ernest Church-El. (bkb) |
Filing 26 PROOF OF SERVICE for #24 proposed amended complaint served on Bank of New York Mellon Corporation on 5/8/13, filed by Khyon Ernest Church-El. (bkb) |
Filing 25 DEFICIENCY NOTICE by the Court issued to Plaintiff re #24 Amended Complaint. (bkb) |
No Summons Issued re #24 (bkb) |
Filing 24 PROPOSED AMENDED COMPLAINT filed by Khyon Ernest Church-El; See DI #25 .(bkb) |
Set Deadline for effectuation of service: Notice of Compliance deadline set for 5/20/2013; See #23 . (bkb) |
Filing 23 ORDER denying #11 Motion for Default Judgment ; granting #14 Motion to Set Aside Default; denying #19 Motion for Default Judgment ; denying #19 Motion for Writ; defendant shall effect service on defendant within 60 days from date of order; Please See Opinion #22 and this Order For Further Details.. Signed by Judge Noel L. Hillman on 3/21/2013. (bkb) |
Filing 22 OPINION re #23 Order. Signed by Judge Noel L. Hillman on 3/21/2013. (bkb) Modified on 3/21/2013 (bkb). |
Filing 21 Letter to Judge Hillman from Khyon Ernest Church-El, dated 2/12/13, re: REPLY BRIEF - re #19 MOTION for Default Judgment as to Bank of New York MOTION for Writ re: Of Execution - filed by Khyon Ernest Church-El. (rwc) |
CORRECTING ENTRY: Redocketed DI# 21 as a Reply Brief. (rwc) |
Filing 20 RESPONSE to Motion re #19 MOTION for Default Judgment as to Bank of New York MOTION for Writ re: Of Execution filed by Bank of New York. (Hatfield, Lisa) |
Motions No Longer Referred: #11 MOTION for Default Judgment as to Bank of New York, #19 MOTION for Default Judgment as to Bank of New York MOTION for Writ re: Of Execution, #14 MOTION to Set Aside Default (bkb) |
Filing 19 MOTION for Default Judgment as to Bank of New York, MOTION for Writ of Execution - filed by Khyon Ernest Church-El. Motions referred to Karen M Williams.(mdb) |
Filing 18 ORDER granting #15 Motion for Extension of Time to File Response/Reply; plaintiff shall have 21 days from date of order to file response. Signed by Judge Noel L. Hillman on 11/15/2012. (bkb) |
Filing 17 ANSWERING BRIEF in Opposition re #14 MOTION to Set Aside Default filed by Khyon Ernest Church-El.Reply Brief due date per Local Rules is 11/29/2012. (dzb, ) |
Filing 16 RESPONSE to Motion re #15 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Set Aside Default Consent to Motion to Extend Time filed by Bank of New York. (Hatfield, Lisa) |
Motions No Longer Referred: #11 MOTION for Default Judgment as to Bank of New York, #14 MOTION to Set Aside Default , #15 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Set Aside Default (bkb) |
Filing 15 Letter MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Set Aside Default - filed by Khyon Ernest Church-El. Motions referred to Karen M Williams.(rwc) |
CORRECTING ENTRY: Plaintiff's answering brief to #14 motion to set aside default is due 11/13/12, in accordance with local rules. (bkb) |
Filing 14 MOTION to Set Aside Default - filed by Bank of New York. (Attachments: #1 Proposed Order)(Hatfield, Lisa) |
Filing 13 SUPPLEMENT TO MOTION - by Khyon Ernest Church-El. Supplement to #11 MOTION for Default Judgment as to Bank of New York. (rwc) |
Filing 12 NOTICE from CT Corporation returning service copy of #10 Clerk's Entry of Default upon Corporation Trust (on behalf of Bank of New York); Clerk will mail copy of notice to plaintiff.(bkb) |
Filing 11 MOTION for Default Judgment as to Bank of New York - filed by Khyon Ernest Church-El. Motions referred to Karen M Williams.(rwc) |
Filing 10 Clerk's ENTRY OF DEFAULT as to Bank of New York - Re: #9 Request for Default filed by Khyon Ernest Church-El (bkb) |
Filing 9 REQUEST for Default as to Bank of New York - filed by Khyon Ernest Church-El. Motions referred to Karen M Williams.(rwc) |
Filing 8 SUMMONS Returned Executed - filed by Khyon Ernest Church-El. Bank of New York served on 5/10/2012, answer due 5/31/2012. (rwc) |
Filing 7 SECOND ACKNOWLEDGMENT OF RECEIPT of FRCP Rule 4. Acknowledgment filed by Khyon Ernest Church-El. (rwc) |
Filing 6 RESPONSE - to Order re #3 Order to Show Cause filed by Khyon Ernest Church-El. (rwc) |
Summons Issued with Magistrate Consent Notice attached as to Bank of New York on 5/10/2012. (rwc) |
Filing 5 ORDER- Plaintiff is given an additional sixty (60) days from the date of this Order to effect service upon Defendant. Signed by Judge Noel L. Hillman on 3/13/2012. (lih) |
Filing 4 RESPONSE to Order re #3 Order to Show Cause filed by Khyon Ernest Church-El. (lih) |
Filing 3 ORDER TO SHOW CAUSE - Plaintiff shall show cause as to why Complaint should not be dismissed for failure to serve process w/in 120-days. Show Cause Response due by 3/6/2012.. Signed by Judge Noel L. Hillman on 2/14/12. (rwc) |
Case Reassigned to Judge Noel L. Hillman of the District of New Jersey (in lieu of Vacant Judgeship). Please include the initials of the Judge (NLH) after the case number on all documents filed. (Courtesy copies of filings should be sent to the chambers of the assigned Judge). (rjb) |
CASE REFERRED to Magistrate Judge Karen M Williams. (lid) |
Case Assigned to Judge Joseph E. Irenas of the District of New Jersey (in lieu of Vacant Judgeship). Please include the initials of the Judge (JEI) after the case number on all documents filed. (Courtesy copies of filings should be sent to the chambers of the assigned Judge). (rjb) |
Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (ksr, ) |
Filing 1 COMPLAINT filed Pro Se with Jury Demand against Bank of New York ( Filing fee $ 350, receipt number 12418.) - filed by Khyon Ernest Church-El. (Attachments: #1 Acknowledgement of Rule 4, #2 Acknowledgement of Consent Form, #3 Civil Cover Sheet)(ksr, ) |
No Summons Issued (ksr, ) |
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