Whitfield et al v. McCabe, Weisberg & Conway, P.C. et al
| Angel Luis Torres, Jr., Lorren V. Whitfield and Angel Luis Torres, Jr. Trustee/P/O/A for al-el, Lorren Vincente Whitfield d/b/a Lorren V. Whitfield - Trust |
| LeClaire/Ryan N.A., McCabe, Weisberg & Conway, P.C., John and Jane Does 1-25 and PNC N.A. |
| 1:2018cv07259 |
| December 20, 2018 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| William F Kuntz |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 12, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 Mail Returned as Undeliverable. "Memorandum & Order" #8 of Judge William F. Kuntz, issued on 1/23/2019, sent to pro se Angel Luis Torres, Jr. at 831 Madison Street, Brooklyn, NY 11221 - via first class mail. Envelope marked: "Apt#?. Return to Sender. Insufficient Address. Unable to Forward." (Latka-Mucha, Wieslawa) |
| Filing 14 Letter dated 2/4/2019 to the U.S. District Court from Lorren V. Whitfield regarding his mailing address. (See letter for details) (Tavarez, Jennifer) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim amended exhibits by McCabe, Weisberg & Conway, P.C.. (Attachments: #1 Exhibit Amended Exhibits) (Dicerbo, Melissa) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim or in alternative for Summary Judgment by McCabe, Weisberg & Conway, P.C.. (Attachments: #1 Memorandum in Support Statement of Material Facts, #2 Affidavit in Support Affidavit in Support, #3 Memorandum in Support Legal Argument, #4 Affidavit of Service Proof of Service, #5 Exhibit Exhibits to Affidavit in Support, #6 Exhibit Case Law, #7 Exhibit Rule 12 Statement, #8 Rule 56.1 Statement Rule 56 Statement) (Dicerbo, Melissa) |
| Filing 11 AFFIDAVIT of Service for Motion/ Emergency Affidavit for T.R.O served on McCabe, Weisberg & Conway, P.C., PNC N.A., Leclairyan, on 1/22/2019, filed by Angel Luis Torres, Jr, Lorren V. Whitfield. (Tavarez, Jennifer) |
| Filing 10 VERIFIED DEMAND/ MOTION for a DECLARATORY JUDGMENT filed by Lorren V. Whitfield and Angel Luis Torres, Jr. (Tavarez, Jennifer) |
| Filing 9 VERIFIED DEMAND/MOTION for DEFAULT JUDGMENT filed by Lorren V. Whitfield and Angel Luis Torres, Jr. (Tavarez, Jennifer) |
Filing 8
MEMORANDUM AND ORDER: Plaintiff's complaint seeking to overturn the foreclosure judgment and eviction/holdover judgment issued by the state courts is dismissed pursuant to the Rooker-Feldman doctrine. Likewise, Plaintiff's "emergency motion" seeking to stay the transfer or sale of, or eviction from the property-the subject of the state court judgments of foreclosure and holdover/eviction-is denied. The Court grants Plaintiff leave to file an amended complaint to provide facts in support of his FDCPA claim against Defendants within 30 days from the entry of this Order. Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). Although Plaintiff paid the filing fee, 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 purposes of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO Ordered by Judge William F. Kuntz, II on 1/23/2019. (Tavarez, Jennifer)
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| Filing 7 Summons Returned Unexecuted by Lorren V. Whitfield as to LeClaire/Ryan N.A.. (Tavarez, Jennifer) |
| Filing 6 SUMMONS Returned Executed by Lorren V. Whitfield. McCabe, Weisberg & Conway, P.C. served on 1/2/2019, answer due 1/23/2019. (Tavarez, Jennifer) |
| Filing 5 EMERGENCY MOTION for Temporary Restraining Order by Angel Luis Torres, Jr, Lorren V. Whitfield. (Attachments: #1 Letter of Middle School Testing, #2 Current Doctor's Care Notice of Occupational Injuries, #3 Uniformed Commercial Code Info Request Response) (Lee, Tiffeny) |
| Filing 4 Mail Returned as Undeliverable: NOTICE #3 . Postal Notation: Return to sender, insufficient address, unable to forward. (Tavarez, Jennifer) |
| Filing 3 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 2 Summons Issued as to LeClaire/Ryan N.A., McCabe, Weisberg & Conway, P.C., PNC N.A.. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Lorren V. Whitfield, Angel Luis Torres, Jr. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| FILING FEE: $ 400, receipt number 4653135469 (Bowens, Priscilla) |
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