Henry v. Capital One, N.A.
| Michelle Henry |
| Capital One, N.A. |
| 1:2021cv02281 |
| April 26, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 13, 2022. A more recent docket listing may be available from PACER.
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Filing 9
REPLY in Support re #6 MOTION to Dismiss filed by Capital One, N.A.. (Steinlight, Stephen)
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Filing 8
REPLY in Opposition to Defendant's Motion to Dismiss Plaintiff's Complaint filed by Michelle Henry. (Luke, John)
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Filing 7
Letter pursuant to Court' 5/1/2020 Order, Capital One submits SDB Lease Agreement which is referenced in its pre-motion submission to the Court at Document 6, by Capital One, N.A. (Attachments: #1 Exhibit A (Safe Deposit Leae Agreement)) (Steinlight, Stephen)
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Filing 6
Letter request for a Pre-Motion Conference and/or for Court to establish briefing schedule thereby permitting Capital One to file a motion to dismiss the complaint by Capital One, N.A. (Steinlight, Stephen) Modified on 5/13/2021 (Weisberg, Peggy).
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ORDER re: #6 . The premotion conference is waived. This letter is deemed to constitute defendant's motion to dismiss pursuant to Rule 12(b)(6) on the grounds stated. Defendant is directed to file a copy of plaintiff's lease agreement forthwith. Plaintiff must file opposition to this motion, if there is any, by 5/27/2021. Initial Status Conference set for 5/19/2021 is adjourned without date pending decision on the motion. Ordered by Judge Brian M. Cogan on 5/13/2021. (Weisberg, Peggy)
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Filing 5
ORDER granting in part and denying part #4 . Defendant can have until 6/14/21 to answer, but this Court does not wait for an answer to hold the Initial Status Conference because "[i]n truth, the answer in a civil action is the most useless paper in the courthouse." Alexander By and Through Alexander v. Richardson-Merrell Inc., 541 F.Supp. 93, 94 (S.D.N.Y. 1982). This is a simple case; defendant likely has a release in its deposit box agreement except for gross negligence, so the question is why the box was mistakenly opened. That should take about an hour to "investigate." There is no need for this case to not get started until mid-June. The Initial Status Conference is therefore set for 5/19/2021 at 11:00 AM. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 2281#. The parties are directed to comply with the attached mandatory requirements, including filing on the docket a completed case management plan prior to the conference. The Court will consider a short adjournment for the convenience of counsel, but a general reference to "vacation and holiday plans" with no details is insufficient. Ordered by Judge Brian M. Cogan on 4/26/2021. (Clarke, Melonie)
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Filing 4
Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, [Motion for Extension of Time to File Answer to Complaint, attached to #1 Notice of Removal] by Capital One, N.A.. (Steinlight, Stephen)
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Filing 3
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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Filing 2
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)
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Filing 1
NOTICE OF REMOVAL by Capital One, N.A. from Superior Court of New York, County of Queens, case number Index No. 706672/2021. ( Filing fee $ 402 receipt number ANYEDC-14410222) (Attachments: #1 Exhibit A: Complaint and Summons, #2 Exhibit B: Notice of Filing Notice of Removal in State Court, #3 Civil Cover Sheet) (Steinlight, Stephen)
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Case Assigned to Judge Brian M. Cogan. 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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This case has been opened in the Eastern District of New York. 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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| Defendant: Capital One, N.A. | |
| Represented By: | Stephen Jay Steinlight |
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| Plaintiff: Michelle Henry | |
| Represented By: | John C Luke, Jr. |
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