Toiny LLC v. The Bank of New York Mellon

Plaintiff: Toiny LLC
Defendant: The Bank of New York Mellon
Case Number: 1:2019cv00857
Filed: February 13, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Ramon E Reyes
Referring Judge: Allyne R Ross
Nature of Suit: Real Property: Other
Cause of Action: 28:2201
Jury Demanded By: None

Docket Report

This docket was last retrieved on April 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2019 Filing 9 MOTION to Dismiss by The Bank of New York Mellon. (Attachments: #1 Declaration of Jordan, Esq., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Memorandum in Support, #7 Affidavit of Service) (Smith, Jordan)
March 27, 2019 Opinion or Order SCHEDULING ORDER: The court has reviewed the parties' pre-motion letters and determined that a pre-motion conference is not necessary. Instead, the parties should brief the motion to dismiss according to the following schedule: defendant's motion should be served by April 12, 2019; plaintiff's opposition should be served by April 22, 2019; and defendant's reply, if any, should be served by April 29, 2019. Ordered by Judge Allyne R. Ross on 3/27/2019. (Zimmer, Allison)
March 22, 2019 Filing 8 Letter In Opposition to Defendant's Request For Pre-Motion Conference by Toiny LLC (Weinberg, Seth)
March 14, 2019 NOTICE re: #6 Letter request for pre-motion conference: Defendant has submitted a letter requesting a pre-motion conference on an anticipated motion to dismiss. Plaintiff's counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiff is required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendant's letter. Plaintiff's responsive letter is therefore due on or before March 25, 2019. (Zimmer, Allison)
March 14, 2019 Filing 7 NOTICE of Appearance by Jordan Michael Smith on behalf of The Bank of New York Mellon (aty to be noticed) (Smith, Jordan)
March 14, 2019 Filing 6 Letter request for pre-motion conference by The Bank of New York Mellon (Smith, Jordan)
February 14, 2019 Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
February 14, 2019 Filing 4 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)
February 14, 2019 Filing 3 Summons Issued as to The Bank of New York Mellon. (Bowens, Priscilla)
February 14, 2019 Case assigned to Judge Allyne R. Ross and Magistrate Judge Ramon E. Reyes, Jr. 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)
February 14, 2019 Filing 2 Civil Cover Sheet.. Re #1 Complaint,, Notice (Other), by Toiny LLC (Weinberg, Seth)
February 13, 2019 NOTICE - The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. (Bowens, Priscilla)
February 13, 2019 Filing 1 COMPLAINT for Declaratory Judgment against THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OCA, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC8 filing fee $ 400, receipt number ANYEDC-11195593 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Toiny LLC. (Attachments: #1 Exhibit Ex A - Disputed Mortgage, #2 Exhibit Ex B - Default Notice, #3 Exhibit Ex C - 2012 Summons and Complaint, #4 Exhibit Ex D - 2012 Action Clerk's Minutes, #5 Exhibit Ex E - 2012 Dismissal order, #6 Exhibit Ex F - 2018 Summons and Complaint, #7 Civil Cover Sheet, #8 Proposed Summons) (Weinberg, Seth)

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Plaintiff: Toiny LLC
Represented By: Seth Daniel Weinberg
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Defendant: The Bank of New York Mellon
Represented By: Jordan Michael Smith
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