East Fork Funding LLC v.Deutsche Bank National Trust Company, as Trustee for the Benefit of the Certicate Holders for Agent Securities Inc., Asset backed Pass Through Certificates, Series 2006-W1
| East Fork Funding LLC |
| Deutsche Bank National Trust Company, as Trustee for the Benefit of the Certicate Holders for Agent Securities Inc., Asset backed Pass Through Certificates, Series 2006-W1 |
| 1:2021cv04600 |
| August 16, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Both |
Docket Report
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This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 MOTION for Extension of Time to File Answer re #1 Complaint, Letter Motion for Extension of Time to Respond to Complaint and Adjournment of Conference by Deutsche Bank National Trust Company, as Trustee for the Benefit of the Certicate Holders for Agent Securities Inc., Asset backed Pass Through Certificates, Series 2006-W1. (Yohay, David) |
| Filing 15 MOTION for Disclosure Defendant's Rule 7.1 Disclosure Statement by Deutsche Bank National Trust Company, as Trustee for the Benefit of the Certicate Holders for Agent Securities Inc., Asset backed Pass Through Certificates, Series 2006-W1. (Yohay, David) |
| Filing 14 NOTICE of Appearance by David Yohay on behalf of Deutsche Bank National Trust Company, as Trustee for the Benefit of the Certicate Holders for Agent Securities Inc., Asset backed Pass Through Certificates, Series 2006-W1 (aty to be noticed) (Yohay, David) |
ORDER terminating #15 and granting #16 . Defendant's Rule 7.1 disclosure should not have been designated as a "motion" on ECF because it seeks no relief from the Court. It is important for counsel to use the proper ECF designations so that the docket remains intelligible. The motion to extend time to answer and adjourn the Initial Status Conference is granted. Answer due by 10/18/2021; Initial Status Conference by telephone adjourned to 10/26/2021 at 1:00 pm. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 4600#, and are reminded to comply with the mandatory requirements at #10 including filing on the docket a completed case management plan two days prior to the conference. Ordered by Judge Brian M. Cogan on 9/27/2021. (Weisberg, Peggy)
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| Filing 13 SUMMONS Returned Executed by East Fork Funding LLC. Deutsche Bank National Trust Company, as Trustee for the Benefit of the Certicate Holders for Agent Securities Inc., Asset backed Pass Through Certificates, Series 2006-W1 served on 9/13/2021, answer due 10/4/2021. (Muldoon, John) |
| Filing 12 MOTION to Adjourn Conference Letter Request to Adjourn Initial Status Conference by East Fork Funding LLC. (Muldoon, John) |
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ORDER denying #12 Motion to Adjourn Conference without prejudice to renewal as the date of the initial status conference approaches. Ordered by Judge Brian M. Cogan on 9/10/2021. (Weisberg, Peggy)
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| Filing 11 NOTICE of Appearance by Christopher A Gorman on behalf of East Fork Funding LLC (aty to be noticed) (Gorman, Christopher) |
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Filing 10
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 10/5/2021 at 1:00 pm. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 4600#. 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. Ordered by Judge Brian M. Cogan on 8/23/2021. (Weisberg, Peggy)
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Filing 9
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 10/5/2021 at 1:00 pm. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 4600#. 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. Ordered by Judge Brian M. Cogan on 8/23/2021. (Weisberg, Peggy)
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| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by East Fork Funding LLC (Attachments: #1 Exhibit Deutsche Bank Articles of Association, #2 Exhibit Deutsche Bank Articles of Association, #3 Declaration Declaration of Adam Plotch, #4 Exhibit Plotch License (Front)) (Muldoon, John) |
| Filing 7 Summons Issued as to Deutsche Bank National Trust Company, as Trustee for the Benefit of the Certicate Holders for Agent Securities Inc., Asset backed Pass Through Certificates, Series 2006-W1. (Davis, Kimberly) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 5 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 4 NOTICE of Lis Pendens by East Fork Funding LLC (Muldoon, John) |
| Filing 3 Civil Cover Sheet.. Re #1 Complaint, #2 Proposed Summons/Civil Cover Sheet by East Fork Funding LLC (Muldoon, John) |
| Filing 2 Proposed Summons. Re #1 Complaint, by East Fork Funding LLC (Muldoon, John) |
| Filing 1 COMPLAINT against Deutsche Bank National Trust Company, as Trustee for the Benefit of the Certicate Holders for Agent Securities Inc., Asset backed Pass Through Certificates, Series 2006-W1 filing fee $ 402, receipt number ANYEDC-14754831 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by East Fork Funding LLC. (Muldoon, John) |
| 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. (Davis, Kimberly) |
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ORDER TO SHOW CAUSE. Plaintiff is ORDERED TO SHOW CAUSE by 8/23/2021 why this case should not be dismissed for failure to adequately invoke the Court's subject matter jurisdiction. Plaintiff has not adequately alleged defendant's citizenship. See OneWest Bank, N.A. v. Melina, 827 F.3d 214, 218 (2d Cir. 2016). Plaintiff has also failed to adequately allege its own citizenship. See Am. Empire Surplus Lines Ins. Co. v. Clearview SM, Inc., No. 21-cv-4230, 2021 WL 3206930, at *1 (E.D.N.Y. July 29, 2021); 136-61 Roosevelt LLC v. Starbucks Corp., No. 21-cv-3560, 2021 WL 2779287, at *1 (E.D.N.Y. July 2, 2021); 147-149 McCarren, LLC v. Holding De Gestion Turistica MIJ Spain S.L., No. 21-cv-950, 2021 WL 878557, at *1 (E.D.N.Y. March 9, 2021). Ordered by Judge Brian M. Cogan on 8/16/2021. (Weisberg, Peggy)
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| Plaintiff: East Fork Funding LLC | |
| Represented By: | John Muldoon |
| Represented By: | Christopher A Gorman |
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| Defendant: Deutsche Bank National Trust Company, as Trustee for the Benefit of the Certicate Holders for Agent Securities Inc., Asset backed Pass Through Certificates, Series 2006-W1 | |
| Represented By: | David Yohay |
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