Bacquie v. Didio et al
| Richard Bacquie |
| TD Bank N.A., Capital One Bank and Robert Didio |
| Capital One 360 |
| 1:2019cv03552 |
| June 17, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Margo K Brodie |
| Banks and Banking |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 19, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 46 CONSENT to Jurisdiction by US Magistrate Judge filed by Richard Bacquie. (Piper, Francine) |
| Filing 45 Letter dated July 17, 2019 from Richard Bacquie to Clerk of Court, advising the court that the electronic notifications are no longer being received. (Piper, Francine) (Additional attachment(s) added on 7/22/2019: #1 Mailing Envelope) (Piper, Francine). |
| Filing 44 Letter re: courtesy copies of motion papers by TD Bank N.A. (Sylvester, Anthony) |
| Filing 43 ANSWER to #24 Amended Complaint by Robert Didio. (Levine, Alan) |
| Filing 42 ANSWER to #1 Complaint by Robert Didio. (Levine, Alan) |
| Filing 41 NOTICE of Appearance by Anthony Sylvester on behalf of TD Bank N.A. (aty to be noticed) (Sylvester, Anthony) |
Filing 40
ORDER, granting Alan D. Levine, Esq.'s #39 Notice of Consent to Change Attorney. Robert Didio substitutes Alan D. Levine as counsel of record in place of Vikrant Pawar. The substitution of attorney is hereby approved and So Ordered. SO ORDERED by Magistrate Judge Lois Bloom, on 6/28/2019. C/mailed. (Attorney Alan D. Levine for Robert Didio added. Attorney Vikrant Pawar terminated.) (Latka-Mucha, Wieslawa)
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| Filing 39 NOTICE of Consent to Change Attorney by Alan D. Levine (Levine, Alan) |
| Filing 38 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 37 Case transferred in from District of New Jersey; Case Number 2:18-cv-14905. Original file certified copy of transfer order and docket sheet received. |
| The case of Bacquie v. Didio et al, has been transferred from District of New Jersey to the Eastern District of New York. The new case number is 19cv3552. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
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Filing 36
OPINION & ORDER granting #27 Defendant's Motion to Change Venue. This case is hereby transferred to the United States District Court for the Eastern District of New York. etc. Signed by Magistrate Judge Cathy L. Waldor on 5/29/2019. (dam, ) [Transferred from New Jersey on 6/17/2019.]
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| *** Civil Case Terminated *** See #36 OPINION & ORDER. (dam, ) [Transferred from New Jersey on 6/17/2019.] |
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Filing 35
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 6/30/2019. Fact Discovery due by 12/2/2019. Joinder of Parties due by 6/30/2019. etc. Signed by Magistrate Judge Cathy L. Waldor on 4/29/2019. (dam, ) [Transferred from New Jersey on 6/17/2019.]
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| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Initial Pretrial Conference held on 4/29/2019. (Court Reporter/Recorder ECR.) (tjg, ) [Transferred from New Jersey on 6/17/2019.] |
| Filing 34 BRIEF in Support filed by TD BANK, N.A. re #28 MOTION to Dismiss Plaintiff's Amended Complaint (HARRIS, JENNIFER) [Transferred from New Jersey on 6/17/2019.] |
| Filing 33 PLAINTIFF'S Opposition filed by RICHARD BACQUIE re #28 MOTION to Dismiss Plaintiff's Amended Complaint (JB, ) [Transferred from New Jersey on 6/17/2019.] |
| Filing 32 Plaintiff's Opposition to #28 MOTION to Dismiss Plaintiff's Amended Complaint; filed by RICHARD BACQUIE. (Attachments: #1 Certificate of Service)(sms) [Transferred from New Jersey on 6/17/2019.] |
| Filing 31 RESPONSE to Motion filed by TD BANK, N.A. re #27 MOTION to Change Venue (HARRIS, JENNIFER) [Transferred from New Jersey on 6/17/2019.] |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ps, ) [Transferred from New Jersey on 6/17/2019.] |
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Filing 30
TEXT ORDER: The Court will hold an initial conference (rule 16) before U.S.M.J. C. Waldor in courtroom 4C on 4/29/19 at 10 am. Local counsel must be present. Parties are to submit a completed Pretrial Scheduling Order found in the Notice of Judicial Preferences link to chambers via email at CLW_Orders@njd.uscourts.gov no later than 3 days before the scheduled conference. Please contact chambers with any questions or concerns at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 3/15/19. (tjg, ) [Transferred from New Jersey on 6/17/2019.]
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| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (tjg, ) [Transferred from New Jersey on 6/17/2019.] |
| Filing 29 ANSWER to Amended Complaint , COUNTERCLAIM against RICHARD BACQUIE by CAPITAL ONE BANK, CAPITAL ONE 360.(LUBERTAZZI, JOSEPH) [Transferred from New Jersey on 6/17/2019.] |
| Filing 28 MOTION to Dismiss Plaintiff's Amended Complaint by TD BANK, N.A.. (Attachments: #1 Text of Proposed Order, #2 Brief)(HARRIS, JENNIFER) Modified on 3/8/2019 (sms). [Transferred from New Jersey on 6/17/2019.] |
| Set Deadlines as to #27 MOTION to Change Venue. Motion set for 4/1/2019 before Magistrate Judge Cathy L. Waldor. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms) [Transferred from New Jersey on 6/17/2019.] |
| Set Deadlines as to #28 MOTION to Dismiss Plaintiff's Amended Complaint. Motion set for 4/1/2019 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms) [Transferred from New Jersey on 6/17/2019.] |
| Filing 27 Didio's motion to transfer venue in lieu of an ANSWER to Amended Complaint by ROBERT DIDIO. (Attachments: #1 Brief in support of motion to change venue)(PAWAR, VIKRANT) Modified on 3/7/2019 (ps). [Transferred from New Jersey on 6/17/2019.] |
| Filing 26 Letter re #24 Amended Complaint. (LUBERTAZZI, JOSEPH) [Transferred from New Jersey on 6/17/2019.] |
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Filing 25
ORDER denying as moot Didio's #15 Motion for Extension of Time to Answer; denying without prejudice as moot TD Bank, N.A.'s #17 Motion to Dismiss ; and denying without prejudice Didio's #18 Motion to Change Venue. Signed by Judge Esther Salas on 2/26/2019. (sm) [Transferred from New Jersey on 6/17/2019.]
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| Filing 24 AMENDED COMPLAINT against CAPITAL ONE 360, CAPITAL ONE BANK, ROBERT DIDIO, TD BANK, N.A., filed by RICHARD BACQUIE. (Attachments: #1 EXH A THROUGH C, #2 LETTER)(ld, ) [Transferred from New Jersey on 6/17/2019.] |
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Filing 23
Order denying application for Pro Bono Counsel; etc. Motions terminated: #5 MOTION to Appoint Pro Bono filed by RICHARD BACQUIE. Signed by Judge Esther Salas on 2/8/2019. (byl) [Transferred from New Jersey on 6/17/2019.]
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Filing 22
ORDER, granting #21 Motion for Extension of Time to respond to all defendants' submissions to the Court; Plaintiff shall respond by February 21, 2019. Signed by Magistrate Judge Cathy L. Waldor on 02/01/2019. (sms) [Transferred from New Jersey on 6/17/2019.]
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| Set Deadlines as to #21 MOTION for Extension of Time to Amend #1 Complaint. Motion set for 2/19/2019 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (gl, ) [Transferred from New Jersey on 6/17/2019.] |
| Filing 20 Letter from RICHARD BACQUIE re: previous mailing/filing of Motion for an Extension of time. (gl, ) [Transferred from New Jersey on 6/17/2019.] |
| Filing 19 RESPONSE in Opposition filed by TD BANK, N.A. re #18 First MOTION to Change Venue (HARRIS, JENNIFER) [Transferred from New Jersey on 6/17/2019.] |
| Filing 21 MOTION for Extension of Time to Amend #1 Complaint by RICHARD BACQUIE. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order, #3 Envelope)(gl, ) [Transferred from New Jersey on 6/17/2019.] |
| Set/Reset Deadlines as to #18 First MOTION to Change Venue . Motion set for 2/19/2019 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) [Transferred from New Jersey on 6/17/2019.] |
| Filing 18 First MOTION to Change Venue by ROBERT DIDIO. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certification, #4 Certificate of Service)(PAWAR, VIKRANT) [Transferred from New Jersey on 6/17/2019.] |
| Set Deadlines as to #17 MOTION to Dismiss . Motion set for 2/19/2019 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (gl, ) [Transferred from New Jersey on 6/17/2019.] |
| Filing 17 MOTION to Dismiss by TD BANK, N.A.. (Attachments: #1 Brief, #2 Text of Proposed Order)(HARRIS, JENNIFER) [Transferred from New Jersey on 6/17/2019.] |
| Set Deadlines as to #15 Second MOTION for Extension of Time to File Answer . Motion set for 2/4/2019 before Magistrate Judge Cathy L. Waldor. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (gl, ) [Transferred from New Jersey on 6/17/2019.] |
| Pro Hac Vice fee received as to Alan D. Levine, Esq.: $ 150, receipt number NEW038362 (gl, ) [Transferred from New Jersey on 6/17/2019.] |
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Filing 16
ORDER, granting #11 TD Bank's Motion for Extension of Time to answer, move, or otherwise respond to plaintiff's Complaint; TD Bank shall answer, move, or otherwise respond to plaintiff's Complaint within fourteen (14) days of the date of the entry of this Order. Signed by Magistrate Judge Cathy L. Waldor on 01/03/2019. (sms) [Transferred from New Jersey on 6/17/2019.]
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| Filing 15 Second MOTION for Extension of Time to File Answer by ROBERT DIDIO. (Attachments: #1 Certification of Alan D. Levine, #2 Text of Proposed Order, #3 Certificate of Service)(PAWAR, VIKRANT) [Transferred from New Jersey on 6/17/2019.] |
| Filing 14 Corporate Disclosure Statement by CAPITAL ONE 360, CAPITAL ONE BANK identifying Capital One Financial Corporation as Corporate Parent.. (LUBERTAZZI, JOSEPH) [Transferred from New Jersey on 6/17/2019.] |
| Filing 13 ANSWER to Complaint , COUNTERCLAIM against RICHARD BACQUIE by CAPITAL ONE 360, CAPITAL ONE BANK.(LUBERTAZZI, JOSEPH) [Transferred from New Jersey on 6/17/2019.] |
| Filing 12 NOTICE of Appearance by SUSAN M. LEMING on behalf of TD BANK, N.A. (LEMING, SUSAN) [Transferred from New Jersey on 6/17/2019.] |
| Set Deadlines as to #11 MOTION for Extension of Time to File Answer to Plaintiff's Complaint. Motion set for 1/22/2019 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mfr) [Transferred from New Jersey on 6/17/2019.] |
| Filing 11 MOTION for Extension of Time to File Answer to Plaintiff's Complaint by TD BANK, N.A.. (Attachments: #1 Certification, #2 Text of Proposed Order, #3 Certificate of Service)(HARRIS, JENNIFER) [Transferred from New Jersey on 6/17/2019.] |
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Filing 10
ORDER granting Defendant's #9 Motion for Leave to Appear Pro Hac Vice as to Alan D. Levine; shall pay the annual fee to the New Jersey Lawyers' Fund for Client Protection within 20 days from the date of the entry of this Order; shall make payment of $150 to the Clerk of the United States District Court; etc. Signed by Magistrate Judge Cathy L. Waldor on 12/20/2018. (sm) [Transferred from New Jersey on 6/17/2019.]
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| Set Deadlines as to #9 MOTION for Leave to Appear Pro Hac Vice . Motion set for 1/22/2019 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, ) [Transferred from New Jersey on 6/17/2019.] |
| Clerk`s Text Order - The document Terminate Motions submitted by ROBERT DIDIO has been GRANTED. The answer due date has been set for 1/2/2019. (JB, ) [Transferred from New Jersey on 6/17/2019.] |
| Clerk`s Text Order - The document submitted by CAPITAL ONE 360, CAPITAL ONE BANK has been GRANTED. The answer due date has been set for 1/2/2019. (sm) [Transferred from New Jersey on 6/17/2019.] |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice by ROBERT DIDIO. (Attachments: #1 Text of Proposed Order, #2 Certification)(PAWAR, VIKRANT) [Transferred from New Jersey on 6/17/2019.] |
| Filing 8 First MOTION for Extension of Time to File Answer re #6 Summons Returned Executed, by ROBERT DIDIO. (PAWAR, VIKRANT) [Transferred from New Jersey on 6/17/2019.] |
| Filing 7 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants Capital One Bank and Capital One 360. Attorney JOSEPH E. LUBERTAZZI, JR for CAPITAL ONE 360,JOSEPH E. LUBERTAZZI, JR for CAPITAL ONE BANK added. (LUBERTAZZI, JOSEPH) [Transferred from New Jersey on 6/17/2019.] |
| Filing 6 SUMMONS Returned Executed by RICHARD BACQUIE. CAPITAL ONE 360 served on 11/28/2018, answer due 12/19/2018; CAPITAL ONE BANK served on 11/28/2018, answer due 12/19/2018; ROBERT DIDIO served on 11/28/2018, answer due 12/19/2018; TD BANK, N.A. served on 11/28/2018, answer due 12/19/2018. (Attachments: #1 Cover Letter, #2 Envelope)(gl, ) [Transferred from New Jersey on 6/17/2019.] |
| Filing 5 MOTION to Appoint Pro Bono Counsel by RICHARD BACQUIE. (Attachments: #1 Envelope)(byl) [Transferred from New Jersey on 6/17/2019.] |
| Filing 4 NOTICE by RICHARD BACQUIE to receive documents electronically. (sm) [Transferred from New Jersey on 6/17/2019.] |
| Filing 3 Letter from Richard Bacquie dated 11/8/2018 re: correction of defendants addresses. (sm) [Transferred from New Jersey on 6/17/2019.] |
| Filing 2 SUMMONS ISSUED as to CAPITAL ONE 360, CAPITAL ONE BANK, ROBERT DIDIO, TD BANK, N.A.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (fp, ) [Transferred from New Jersey on 6/17/2019.] |
| Filing 1 COMPLAINT against CAPITAL ONE 360, CAPITAL ONE BANK, ROBERT DIDIO, TD BANK, N.A. ( Filing and Admin fee $ 400 receipt number NEW 037655) with JURY DEMAND, filed by RICHARD BACQUIE. (byl) [Transferred from New Jersey on 6/17/2019.] |
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