DAS et al v. PNC BANK, NATIONAL ASSOCIATION
| NARGIS S. DAS and EDWIN R. DAS |
| PNC BANK, NATIONAL ASSOCIATION |
| 1:2022cv05806 |
| September 30, 2022 |
| US District Court for the District of New Jersey |
| Renee Marie Bumb |
| Sharon A King |
| Other Fraud |
| 28 U.S.C. § 1441 Notice of Removal- Fraud |
| None |
Docket Report
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| Filing 14 Letter from Defendant PNC Bank, N.A. re #13 Scheduling Order,. (REILEY, WILLIAM) |
Filing 13
SCHEDULING ORDER IN ARBITRATION CASE: Telephone Status Conference set for 2/15/2023 at 10:30 AM before Magistrate Judge Sharon A. King. Amended Pleadings due by 2/15/2023. Pretrial Factual Discovery due by 3/31/2023. By copy of this Order, the Clerk will be requested to schedule the arbitration for a date in June, 2023. Signed by Magistrate Judge Sharon A. King on 11/15/2022. (dmr)
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| Minute Entry for proceedings held before Magistrate Judge Sharon A. King: Telephone Status Conference held on 11/15/2022. (mb, ) |
| Filing 12 Joint Discovery Plan by PNC BANK, NATIONAL ASSOCIATION.(REILEY, WILLIAM) |
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Filing 11
TEXT ORDER: The Court having received and reviewed the November 4, 2022 letter request [ECF No. 9] submitted by Stephanie Shreter, Esquire, counsel for Plaintiffs; and Ms. Shreter seeking to adjourn the November 15, 2022 initial scheduling conference and to stay this action for 60 days due to a purported conflict that was recently discovered; and Defendant not objecting to this request [ECF No. 10]; and Ms. Shreter contending she may be called as a witness in this action and that it would be improper for her to continue her representation of Plaintiffs; and the Court noting that, pursuant to Local Civil Rule 103.1(a), the conduct of attorneys admitted to practice before the District of New Jersey is governed by the Rules of Professional Conduct ("RPC") of the American Bar Association, as revised by the New Jersey Supreme Court; and RPC 3.7 providing in relevant part that "[a] lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness," RPC 3.7(a); and the Court further noting that "[c]ourts in this district have consistently held that, based on the express language in [RPC] 3.7(a) prohibiting a hybrid attorney-witness at the time of trial, an attorney with a potential conflict under the rule is not disqualified from representing a party during the pre-trial stage," Esposito v. Ridgewood Bd. of Educ., No. 19-19030, 2021 WL 2910750, at *4 (D.N.J. July 12, 2021) (citing Main Events Prods., LLC v. Lacy, 220 F. Supp. 2d 353, 35556 (D.N.J. 2002)); and, therefore, the Court finding that RPC 3.7(a) does not preclude Ms. Shreter's representation of Plaintiffs during the pretrial stages of this action; it is hereby ORDERED that Ms. Shreter's request is DENIED; and it is further ORDERED that the initial scheduling conference on November 15, 2022 at 10:00 a.m.shall proceed as scheduled. Counsel shall utilize the following dial-in instructions for the conference: 1-888-278-0296, Access Code 2961061#; and it is further ORDERED that to the extent not already done, the parties shall meet and confer and file a joint discovery plan on the docket in advance of the conference. So Ordered by Magistrate Judge Sharon A. King on 11/10/22. (mb, )
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| Filing 10 Letter from Defendant PNC Bank, N.A. re #9 Letter. (REILEY, WILLIAM) |
| Filing 9 Letter from Stephanie Shreter. (SHRETER, STEPHANIE) |
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Filing 8
TEXT ORDER: The initial scheduling conference on November 15, 2022 at 10:00 am shall be held VIA TELEPHONE. Counsel shall utilize the following dial-in instructions for the conference 1-888-278-0296 Access code 2961061#. Additionally, the joint discovery plan shall be filed on the docket. So Ordered by Magistrate Judge Sharon A. King on 10/24/22. (mb, )
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Filing 7
Order Initial Conference set for 11/15/2022 10:00 AM in Teleconference before Magistrate Judge Sharon A. King. Signed by Magistrate Judge Sharon A. King on 10/21/2022. (amv, n.m.)
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| Filing 6 PNC Bank, N.A.'s ANSWER to Complaint with Affirmative Defenses, COUNTERCLAIM against EDWIN R. DAS, NARGIS S. DAS by PNC BANK, NATIONAL ASSOCIATION. (Attachments: #1 Certificate of Service)(REILEY, WILLIAM) |
| Filing 5 Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by PNC BANK, NATIONAL ASSOCIATION. (Attachments: #1 Certificate of Service)(REILEY, WILLIAM) |
| Filing 4 Corporate Disclosure Statement by PNC BANK, NATIONAL ASSOCIATION. (REILEY, WILLIAM) |
| Filing 3 Notice to STEPHANIE SHRETER re mandatory eFiling. (jab,N.M.) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (jab,N.M.) |
| Clerk`s Text Order - The Application for a Clerk's Order Extending Time to Answer - Document #2 submitted by PNC BANK, NATIONAL ASSOCIATION on 9/30/2022 has been GRANTED. The answer due date has been set for 10/21/2022. (jab,N.M.) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. Pro. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party. Please refer to the Court's website at www.njd.uscourts.gov for a form and filing instructions. (jab,N.M.) |
| CASE REFERRED to Arbitration. (jab,N.M.) |
| Judge Renee Marie Bumb and Magistrate Judge Sharon A. King added. (dmw) |
| Filing 2 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant, PNC Bank, N.A... (Attachments: #1 Certificate of Service)(REILEY, WILLIAM) |
| Filing 1 NOTICE OF REMOVAL by PNC BANK, NATIONAL ASSOCIATION from Burlington County Superior Court, Chancery Division General Equity, case number BUR-L-1096-22. ( Filing and Admin fee $ 402 receipt number ANJDC-13726651), filed by PNC BANK, NATIONAL ASSOCIATION. (Attachments: #1 Certificate of Service, #2 Civil Cover Sheet)(REILEY, WILLIAM) |
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