Capital One, National Association v. 133 Patchen Realty LLC et al
| Capital One, National Association |
| New York City Environmental Control Board, Theodore Feldheim and 133 Patchen Realty LLC |
| 133 Patchen Avenue Lender LLC successor-in-interest and assignee of plaintiff, Capital One, National Association |
| 1:2019cv01095 |
| February 25, 2019 |
| US District Court for the Eastern District of New York |
| Vera M Scanlon |
| Jack B Weinstein |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| None |
Docket Report
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This docket was last retrieved on April 24, 2019. A more recent docket listing may be available from PACER.
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| Filing 22 AFFIDAVIT of Service for Reply of Counterclaim served on counsel of record for all appearing parties by filing same on the Eastern District of New York Electronic Filing System on 4/24/2019, filed by 133 Patchen Avenue Lender LLC successor-in-interest and assignee of plaintiff, Capital One, National Association. (Feuerstein, Jerold) |
| Filing 21 Reply to Counterclaim/ ANSWER to #15 Answer to Complaint, Counterclaim by 133 Patchen Avenue Lender LLC successor-in-interest and assignee of plaintiff, Capital One, National Association. (Feuerstein, Jerold) |
Filing 20
SCHEDULING ORDER: As discussed during the 4/23/2019 conference (see attached order for additional detail and deadlines), on or before 6/14/2019, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. Plaintiff does not need any additional documents or evidence. Defendant was unable to identify any discovery needed. Plaintiff's counsel to update case to reflect new loan holder. Counsel to confirm their notice of appearance is correct on the docket. Only counsel of record may appear. Per diem counsel may not appear. Ordered by Magistrate Judge Vera M. Scanlon on 4/23/2019. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 4/23/2019 in Courtroom 13A South. Michael Capellupo appearing for Plaintiff. Mr. Sattielle and Holly Gerstenfeld appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:42-12:56.) (Quinlan, Krista) |
| Filing 19 Proposed Scheduling Order /Initial Scheduling Order by 133 Patchen Avenue Lender LLC successor-in-interest and assignee of plaintiff, Capital One, National Association (Capellupo, Michael) |
| Filing 18 NOTICE of Appearance by Michael Capellupo on behalf of 133 Patchen Avenue Lender LLC successor-in-interest and assignee of plaintiff, Capital One, National Association (aty to be noticed) (Capellupo, Michael) |
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ORDER granting #16 Motion to Substitute Attorney. Attorney Joseph Lubertazzi, Jr terminated. Ordered by Magistrate Judge Vera M. Scanlon on 4/17/2019. (Quinlan, Krista)
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| Filing 17 NOTICE of Appearance by Holly Rachel Gerstenfeld on behalf of New York City Environmental Control Board (aty to be noticed) (Gerstenfeld, Holly) |
| Filing 16 MOTION to Substitute Attorney by Capital One, National Association. (Feuerstein, Jerold) |
| Filing 15 ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by Theodore Feldheim, 133 Patchen Realty LLC. (Rosenzweig, Richard) |
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Filing 14
ORDER granting #10 Motion for Extension of Time to Answer as to 133 Patchen Realty LLC and Theodore Feldheim. Defendants' deadline to answer the Complaint or otherwise move is extended to 4/12/2019. RE-SCHEDULING ORDER: Counsel are advised that the Initial Conference currently scheduled for 4/3/2019 has been rescheduled to 4/23/2019 at 12:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is directed to confirm with Defendants' counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 4/18/2019. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference unless in an emergency. Ordered by Magistrate Judge Vera M. Scanlon on 4/3/2019. (Quinlan, Krista)
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| Filing 13 SUMMONS Returned Executed by Capital One, National Association. New York City Environmental Control Board served on 3/8/2019, answer due 3/29/2019. (Lubertazzi, Joseph) |
| Filing 12 SUMMONS Returned Executed by Capital One, National Association. Theodore Feldheim served on 3/8/2019, answer due 3/29/2019. (Lubertazzi, Joseph) |
| Filing 11 SUMMONS Returned Executed by Capital One, National Association. 133 Patchen Realty LLC served on 3/8/2019, answer due 3/29/2019. (Lubertazzi, Joseph) |
| Filing 10 MOTION for Extension of Time to File Answer by Capital One, National Association (Lubertazzi, Joseph) Modified on 4/3/2019 to add motion. (Quinlan, Krista). |
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SCHEDULING ORDER: An in person Status Conference is set for 4/3/2019 at 10:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 3/20/2019. (Quinlan, Krista)
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Filing 9
COURT ORDER WHEN NEW CIVIL CASE FILED AND COURT'S READING OF COMPLAINT. Treat under Local Rule 72.2. My case manager is to set a conference before me ASAP after appearance. Respectfully referred to the Magistrate Judge for: expedited discovery; settlement; mediation referral and/or court annexed arbitration. Ordered by Judge Jack B. Weinstein on 3/5/2019. (Barrett, C)
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| Filing 8 Summons Issued as to 133 Patchen Realty LLC, Theodore Feldheim, New York City Environmental Control Board. (Barrett, C) |
| Filing 7 Proposed Summons. Re #1 Complaint, by Capital One, National Association (Lubertazzi, Joseph) |
| Filing 6 Proposed Summons. Re #1 Complaint, by Capital One, National Association (Lubertazzi, Joseph) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Capital One, National Association (Lubertazzi, Joseph) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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 Corporate Disclosure Statement by Capital One, National Association identifying Corporate Parent Capital One Financial Corporation for Capital One, National Association. (Lubertazzi, Joseph) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11226778 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Capital One, National Association. (Attachments: #1 Civil Cover Sheet) (Lubertazzi, Joseph) |
| Case assigned to Judge Jack B. Weinstein and Magistrate Judge Vera M. Scanlon. 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) |
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