Toiny LLC v. The Bank of New York Mellon
| Toiny LLC |
| The Bank of New York Mellon and The Bank of New York |
| 1:2019cv00857 |
| February 13, 2019 |
| US District Court for the Eastern District of New York |
| Ramon E Reyes |
| Allyne R Ross |
| Real Property: Other |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| None |
Docket Report
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| Document Text |
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| 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) |
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)
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| Filing 8 Letter In Opposition to Defendant's Request For Pre-Motion Conference by Toiny LLC (Weinberg, Seth) |
| Filing 7 NOTICE of Appearance by Jordan Michael Smith on behalf of The Bank of New York Mellon (aty to be noticed) (Smith, Jordan) |
| Filing 6 Letter request for pre-motion conference by The Bank of New York Mellon (Smith, Jordan) |
| 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) |
| 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) |
| 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) |
| Filing 3 Summons Issued as to The Bank of New York Mellon. (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint,, Notice (Other), by Toiny LLC (Weinberg, Seth) |
| 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) |
| 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) |
| 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) |
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