Papapietro v. Clott et al
| Anthony Papapietro |
| Michael Howard Clott, Bjorn Koritz, John Murray, John Schwartz, Chad Adler, Joseph Schlamowitz, Christian Dipretoro, Marco Caridi, Steckler, Gutman, Morrissey & Murray, Charles R. Cuneo, Alisa Liebowitz, Erin Clott, Ryan Clott, National Realty Recovery Co. LLC, National Residential Realty Fund, LLC, National Mortgage Recovery Group, Realty Recovery LLC, Real Estate Recovery LLC, Grand Bank, N.A. - Carnegie Mortgage, Bank of America, Ocwen Loan Servicing and MTGLQ Investors, LP |
| 1:2022cv01318 |
| March 10, 2022 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Vera M Scanlon |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 19 Letter MOTION for Extension of Time to File document by Alisa Liebowitz. (Herrera, Isaiah) |
| Filing 18 MOTION for pre motion conference re #1 Complaint Dismissal per FRCP 12(b) by Grand Bank, N.A. - Carnegie Mortgage. (Fornal, David) |
SCHEDULING ORDER: Per Individual Rule IV.A.1, a motion for a pre-motion conference is not required when one or more of the parties is proceeding pro se. Therefore, defendants Ocwen Loan Servicing's, MTGLQ Investors, LPs, and Grand Bank, N.A's motions for pre-motion conferences #10 , #17 , and #18 are denied as unnecessary. Defendants Octwen Loan Servicing, MTGLQ Investors, and Grand Bank shall file and serve their motions to dismiss by 5/20/2022. Plaintiff shall file and serve his responses to defendants Ocwen Loan Servicing's, MTGLQ Investors', Grand Bank's, and Bank of America's motions to dismiss by 6/20/2022. Defendants Ocwen Loan Servicing, MTGLQ Investors, Grand Bank, and Bank of America may file replies, if any, by 7/8/2022. Ordered by Judge Rachel P. Kovner on 4/19/2022. Ordered by Judge Rachel P. Kovner on 4/20/2022. (Daus, Benjamin)
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| Filing 17 MOTION for pre motion conference by MTGLQ Investors, LP. (Sheehan, Kenneth) |
| Filing 16 Corporate Disclosure Statement by MTGLQ Investors, LP (Sheehan, Kenneth) |
| Filing 15 NOTICE of Appearance by Kenneth Matthew Sheehan on behalf of MTGLQ Investors, LP (aty to be noticed) (Sheehan, Kenneth) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim by Bank of America. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Certificate of Service) (Blaine, Michael) |
| Filing 13 Corporate Disclosure Statement by Bank of America identifying Corporate Parent Bank of America Corporation, Corporate Parent Bershire Hathaway, Inc., Corporate Parent BANA Holding Corporation, Corporate Parent BAC North America Holding Company, Corporate Parent NB Holdings Corporation for Bank of America. (Blaine, Michael) |
| Filing 12 NOTICE of Appearance by Michael E. Blaine on behalf of Bank of America (aty to be noticed) (Blaine, Michael) |
| Filing 11 NOTICE of Appearance by Brett Lawrence Messinger on behalf of Ocwen Loan Servicing (aty to be noticed) (Messinger, Brett) |
| Filing 10 MOTION for pre motion conference by Ocwen Loan Servicing. (Slipakoff, Brian) |
| Filing 9 Corporate Disclosure Statement by Ocwen Loan Servicing identifying Corporate Parent Ocwen Financial Corporation, Other Affiliate PHH Mortgage Corporation for Ocwen Loan Servicing. (Slipakoff, Brian) |
| Filing 8 NOTICE of Appearance by Brian Jeffrey Slipakoff on behalf of Ocwen Loan Servicing (aty to be noticed) (Slipakoff, Brian) |
| Filing 7 ANSWER to #1 Complaint by Charles R. Cuneo. (Attachments: #1 Affidavit of Service) (Cuneo, Charles) |
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ORDER: "[T]he submissions of a pro se litigant must be construed liberally and interpreted to raise the strongest arguments that they suggest." Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (quotations omitted). Accordingly, the Court construes pro se defendant Michael Howard Clott's letter #6 requesting dismissal because of plaintiff's "unreasonable delay" in bringing the suit as a motion to dismiss plaintiff's claims as time-barred by the relevant statutes of limitations. Letter 1 (Dkt. #6). Plaintiff shall file a response to this motion by 5/12/2022. Defendant Clott may file a reply, if any, by 5/26/2022. The clerk of court is directed to mail a copy of this order and defendant Clott's letter (Dkt. #6) to plaintiff. Ordered by Judge Rachel P. Kovner on 4/11/2022. (Daus, Benjamin)
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| Filing 6 Letter from Michael Howard Clott to Judge Kovner dated 4/1/2022 re: case. (Herrera, Isaiah) |
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Filing 5
ORDER. Plaintiff will serve a copy of the attached Order on Defendant with the summons and complaint or, if those documents have already been served, by mail. The Court will mail a copy of this Order, its attachments and the docket to pro se Plaintiff. Ordered by Magistrate Judge Vera M. Scanlon on 4/1/2022. (Attachments: #1 Appendix Summons, #2 Appendix Electronic Filing). c/m (Lozar, Ryan)
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| Filing 4 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. (Neptune, Pierre) |
| Filing 3 Summons Issued as to All Defendants. (Neptune, Pierre) |
| Filing 2 FILING FEE: $ 402.00, receipt number 4653163708. (Neptune, Pierre) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Anthony Papapietro. (Attachments: #1 Civil Cover Sheet, #2 Exhibits) (Neptune, Pierre) |
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