Gentile v. Fidelity & Guaranty Life Insurance Company et al
| Joann Gentile |
| Santander Bank, N.A., Fidelity & Guaranty Life Insurance Company, Subsidiary of Santander Holdings, USA, Inc. and Sovereign Bank, N.A. |
| JP Morgan Chase Bank, N.A. |
| 1:2019cv05224 |
| September 12, 2019 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Peggy Kuo |
| Cheryl L Pollak |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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| Filing 23 MOTION for Extension of Time to File Response/Reply by Joann Gentile. (Taccetta Rossi, Nanette) |
ORDER granting #23 Motion for Extension of Time. The deadline for Defendants to respond to the Motion to Remand #4 is extended to November 26, 2019; the deadline for Plaintiff's reply is extended to December 10, 2019. The deadline for Plaintiff to respond to Defendant JP Morgan Chase Bank, N.A.'s Motion to Dismiss #15 is extended to November 26, 2019; the deadline for Defendant Chase's reply is extended to December 10, 2019.The deadline for Defendants Santander Bank, N.A. and Fidelity & Guaranty Life Insurance Company to respond to the cross claims #4 and #6 is extended to November 26, 2019. Ordered by Magistrate Judge Peggy Kuo on 11/8/2019. (Prentice, Amanda)
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ORDER granting #22 Motion to Amend/Correct/Supplement. The deadline for Defendant Fidelity & Guaranty Life Insurance Company to answer or otherwise respond to the cross-claims is extended to November 21, 2019. Ordered by Magistrate Judge Peggy Kuo on 11/5/2019. (Riquelme, Claudia)
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| Filing 22 MOTION to Amend/Correct/Supplement Order dated November 1, 2019 by Fidelity & Guaranty Life Insurance Company. (Locke, Charles) |
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ORDER granting #21 Motion for Extension of Time to Answer. The deadline for defendant Santander Bank, N.A. to answer the cross-claims is extended to November 21, 2019. Ordered by Magistrate Judge Peggy Kuo on 11/1/2019. (Riquelme, Claudia)
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| Filing 21 STIPULATION re #6 Answer to Complaint, Crossclaim, #4 Answer to Complaint, Crossclaim by Santander Bank, N.A. (Attachments: #1 Transmittal Letter to USMJ Kuo re Stipulation) (Malloy, Michael) Modified on 11/1/2019 to reflect that this is a motion. (Riquelme, Claudia). |
| Filing 20 NOTICE of Voluntary Dismissal by Fidelity & Guaranty Life Insurance Company of Cross Claims against def. JPMorgan Chase Bank, N.A. (Locke, Charles) |
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ORDER granting #19 Motion for Extension of Time to File Response/Reply re #14 MOTION to Remand to State Court -- The request is granted. Defendants' responses to Plaintiff's motion to remand are now due by November 12, 2019. Plaintiff's reply is now due by November 22, 2019. So Ordered by Chief Judge Dora Lizette Irizarry on 10/28/2019. (Carosella, Christy)
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| Filing 19 Letter MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Remand to State Court by JP Morgan Chase Bank, N.A.. (Weiss, Andrea) |
| Minute Entry for Proceedings before Magistrate Judge Peggy Kuo. Motion hearing on Defendant JP Morgan Chase Bank, N.A.'s Letter Motion for Extension of Time to File Answer to Amended Complaint #10 held on 10/25/2019. Attorney Nanette Taccetta Rossi appeared on behalf of Plaintiff. Attorney Charles T. Locke appeared on behalf of Defendant Fidelity & Guaranty Life Insurance Company. Attorney Michael D. Malloy appeared on behalf of Defendant Santander Bank, N.A. Attorney Andrea Likwornik Weiss appeared on behalf of Defendant JP Morgan Chase Bank, N.A. (Chase). The Court admonished Chase for its failure to timely seek an extension of time to answer, move, or otherwise respond to the Complaint pursuant to Fed. R. Civ. P. 81(c). For the reasons stated on the record, the Court granted Chase's Motion #10 nunc pro tunc, and its pending Motion to Dismiss #15 is deemed timely filed. The parties are directed to jointly file a letter addressed to Judge Irizarry, informing her of their agreed-upon briefing schedule for Chase's Motion #15 . Discovery is stayed until the resolution of Plaintiff's pending Motion to Remand #14 and Chase's Motion to Dismiss #15 . If the case remains in this Court, three business days after the resolution of the pending motions, the parties must file a joint proposed discovery plan, located at #https://www.nyed.uscour ts.gov/pub/PK-discovplan.pdf, for the Court's consideration. The parties are reminded that future failure to comply with the Federal Rules, the Local Rules, or the Courts Rules may subject them to sanctions. (FTR Log #11:10-11:36.) (Prentice, Amanda) |
| Filing 18 MEMORANDUM in Support re #15 Notice of MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by JP Morgan Chase Bank, N.A.. (Weiss, Andrea) |
| Filing 17 AFFIDAVIT/DECLARATION in Support re #15 Notice of MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit 1 - Notice of Removal, #2 Exhibit 2 - Summons and Complaint, #3 Exhibit 3 - Supplemental Summons and Amended Complaint) (Weiss, Andrea) |
| Filing 16 AFFIDAVIT/DECLARATION in Support re #15 Notice of MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit 1 - Check, #2 Exhibit 2 - Check, #3 Exhibit 3 - Check) (Weiss, Andrea) |
| Filing 15 Notice of MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by JP Morgan Chase Bank, N.A.. (Weiss, Andrea) |
| Filing 14 MOTION to Remand to State Court by Joann Gentile. (Attachments: #1 Memorandum in Support) (Taccetta Rossi, Nanette) |
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ORDER Setting Hearing on Motion #10 Letter Motion for Extension of Time to File Answer. A Motion Hearing is set for October 25, 2019 at 11:00 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 10/9/2019. (Prentice, Amanda)
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| Filing 13 REPLY in Opposition re #10 Letter MOTION for Extension of Time to File Answer to Amended Complaint MOTION for Extension of Time to File Response/Reply to Amended Complaint filed by Joann Gentile. (Taccetta Rossi, Nanette) |
| Filing 12 DECLARATION re #1 Notice of Removal Consent to Removal by Fidelity & Guaranty Life Insurance Company (Locke, Charles) |
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ORDER SETTING DEADLINE: Plaintiff is directed to file a response to defendant JP Morgan Chase Bank, N.A. #10 motion for Extension of Time to File an Answer by October 7, 2019. Ordered by Magistrate Judge Peggy Kuo on 10/4/2019. (Riquelme, Claudia)
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| Filing 11 DECLARATION re #1 Notice of Removal (Consent to Removal) by JP Morgan Chase Bank, N.A. (Weiss, Andrea) |
| Filing 10 Letter MOTION for Extension of Time to File Answer to Amended Complaint, MOTION for Extension of Time to File Response/Reply to Amended Complaint by JP Morgan Chase Bank, N.A.. (Weiss, Andrea) |
| Filing 9 NOTICE of Appearance by Walter Everett Swearingen on behalf of JP Morgan Chase Bank, N.A. (aty to be noticed) (Swearingen, Walter) |
| Filing 8 Corporate Disclosure Statement by JP Morgan Chase Bank, N.A. identifying Corporate Parent JPMorgan Chase & Co. for JP Morgan Chase Bank, N.A.. (Weiss, Andrea) |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Peggy Kuo for all further proceedings. Magistrate Judge Cheryl L. Pollak no longer assigned to case 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.Ordered by Chief Judge Dora Lizette Irizarry on 10/2/2019. (Davis, Kimberly)
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| Filing 7 Corporate Disclosure Statement by Fidelity & Guaranty Life Insurance Company (Locke, Charles) |
| Filing 6 ANSWER to Complaint of Joann Gentile, CROSSCLAIM against JP Morgan Chase Bank, N.A., Santander Bank, N.A. by Fidelity & Guaranty Life Insurance Company. (Locke, Charles) |
| Filing 5 NOTICE of Appearance by Charles T. Locke on behalf of Fidelity & Guaranty Life Insurance Company (aty to be noticed) (Locke, Charles) (Main Document 5 replaced on 10/1/2019) (Layne, Monique). |
| Filing 4 ANSWER to Complaint of Joann Gentile, CROSSCLAIM against Fidelity & Guaranty Life Insurance Company by Santander Bank, N.A.. (Malloy, Michael) |
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ELECTRONIC ORDER granting #2 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/23/2019. (Hazelwood, John)
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| 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. (Davis, Kimberly) |
| Filing 2 MOTION to Appear Pro Hac Vice (Michael D. Malloy) by Santander Bank, N.A.. (Attachments: #1 Proposed Order) (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Santander Bank, N.A. from Supreme Court of the State of New York, Kings County, case number 521377/2018. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| CIVIL FILING FEE PAID: $ 400.00, receipt number 4653143602 (Davis, Kimberly) |
| PRO HAC VICE FILING FEE PAID for Micheal D. Malloy: $ 150.00, receipt number 4653143602 (Davis, Kimberly) |
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