Zizi v. PNC Bank
| Zizi and Charles Hans Zizi |
| PNC Bank |
| 1:2016cv00409 |
| January 26, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Dora Lizette Irizarry |
| Peggy Kuo |
| Personal Property: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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| Filing 14 CLERK'S JUDGMENT in favor of PNC Bank against Charles Hans Zizi. ORDERED and ADJUDGED that Defendants' motion to dismiss for failure to state a claim is granted; that the action is dismissed, with prejudice; that pursuant to 28 U.S.C. 1915(a)(3) any appeal from the Court's Order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal. Ordered by Clerk of Court, Douglas C. Palmer, by B. Mahoney, Chief Deputy, on 9/30/2016. c/m as to pltff. w/appeals packet. (Layne, Monique) |
ORDER ADOPTING REPORT AND RECOMMENDATIONS -- On August 23, 2016, the Hon. Peggy Kuo, U.S.M.J., issued a Report and Recommendations ("R & R") recommending that this action be dismissed, with prejudice. No objections to the R & R have been filed. Upon due consideration, the thorough, detailed, and well reasoned R & R is hereby adopted in its entirety. Accordingly, Defendants' Motion to Dismiss for Failure to State a Claim #6 is GRANTED and this action is DISMISSED, with prejudice. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Electronic Order to pro se plaintiff and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 9/29/2016. (Irizarry, Dora)
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Filing 13
REPORT AND RECOMMENDATIONS re #6 Motion to Dismiss for Failure to State a Claim: for the reasons stated in the annexed Report and Recommendation, this Court respectfully recommends that Plaintiff's claims be dismissed with prejudice. Defendant is directed to serve a copy of this Report and Recommendation on Plaintiff by certified mail. Ordered by Magistrate Judge Peggy Kuo on 8/23/2016. (Feldman, Shira)
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ORDER REFERRING MOTION: #6 Notice of Motion to Dismiss for Failure to State a Claim filed by PNC Bank -- This motion is referred to Magistrate Judge Peggy Kuo for preparation of a Report and Recommendations. The Clerk of Court is directed to mail of copy of this order to the pro se plaintiff. So Ordered by Chief Judge Dora Lizette Irizarry on 6/16/2016. (Carosella, Christy)
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| Filing 12 Letter by PNC Bank (Potere, Kevin) |
| Filing 11 Letter by PNC Bank (Potere, Kevin) |
| Filing 10 AFFIDAVIT of Service for Notice of Defendant PNC Bank's Motion to Dismiss; Declaration of Kevin Potere in Support of Motion to Dismiss; Memorandum of Law In Support of Motion to Dismiss; and Notice to Pro Se Litigant Who OPPOSE A RULE 12 Motion Supported By Matters outside the PLEADINGS served on CHARLES HANS ZIZI on 2/3/2016, filed by PNC Bank. (Potere, Kevin) |
| Filing 9 NOTICE by PNC Bank re #8 Memorandum in Support, #7 Affidavit in Support of Motion, #6 Notice of Motion to Dismiss for Failure to State a Claim to Pro Se Litigant Who Opposes A Rule 12 Motion Supported By Matters Outside The Pleadings (Potere, Kevin) |
| Filing 8 MEMORANDUM in Support re #6 Notice of Motion to Dismiss for Failure to State a Claim filed by PNC Bank. (Potere, Kevin) |
| Filing 7 AFFIDAVIT/DECLARATION in Support re #6 Notice of Motion to Dismiss for Failure to State a Claim filed by PNC Bank. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B- Order, #3 Exhibit C- Complaint II, #4 Exhibit D- Letter Redacted) (Potere, Kevin) |
| Filing 6 Notice of Motion to Dismiss for Failure to State a Claim by PNC Bank. (Potere, Kevin) |
| Filing 5 AFFIDAVIT of Service for Notice of Removal served on Charles Hans ZiZi on January 27, 2016, filed by PNC Bank. (Potere, Kevin) |
| Filing 4 Notice of Related Case (Bowens, Priscilla) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL from the Supreme Court of the State of New York, Kings County by PNC Bank Disclosure Statement on Civil Cover Sheet completed -yes, (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B) (Bowens, Priscilla) |
| Case assigned to Judge Dora Lizette Irizarry and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| CIVIL CASE FILING FEE: $ 400, receipt number 0207-8328515 (Potere, Kevin) |
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