Balash-Ioannidou v. Contour Mortgage Corporation et al
| Anna T. Balash-Ioannidou |
| Contour Mortgage Corporation and Wilmington Savings Fund Society FSB |
| 1:2022cv04506 |
| August 1, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ann M Donnelly |
| Real Property: Other |
| None |
Docket Report
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| Filing 10 CLERK'S JUDGMENT dated 8/16/22 that the complaint is dismissed without prejudice for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(h)(3); that the motion for preliminary injunctive relief is denied; that pursuant to 28:1915 (a)(3), any in forma pauperis appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 8/16/2022 ) c/m w/appeals pkg. (Guzzi, Roseann) |
Filing 9
MEMORANDUM AND ORDER. The instant pro se complaint is dismissed without prejudice for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(h)(3). The motion for preliminary injunctive relief is denied. Further, in keeping with its duty to liberally construe pro se complaints, the Court has considered whether to grant leave to amend the complaint but finds that amendment would be futile. See Johnson v. Univ. of Rochester Med. Ctr., 642 F.3d 121, 124-25 (2d Cir. 2011). The Clerk of Court is respectfully directed to enter judgment and close this case. Although the plaintiff paid the filing fee to bring this action, the Court certifies pursuant to 28 U.S.C. 1915 (a)(3) that any in forma pauperis appeal from this order would not be taken in good faith. Ordered by Judge Ann M. Donnelly on 8/15/2022. (Greene, Donna)
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| Filing 8 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 7 Case transferred in from District of New York Southern; Case Number 1:22-cv-06242. Original file certified copy of transfer order and docket sheet received. |
| MAILING RECEIPT: Document No: 4. Mailed to: Anna T. Balash-Ioannidou 21-08 30th Avenue Astoria, NY 11102. (kh) [Transferred from New York Southern on 8/1/2022.] |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint served. Contour Mortgage Corporation, served on 7/22/2022, answer due 8/12/2022. Service was made by Cert. Mail( to Richard Pregiato, CEO of Contour Mortgage Corp.). Document filed by Contour Mortgage Corporation. (sc) [Transferred from New York Southern on 8/1/2022.] |
| Filing 5 SUMMONS RETURNED EXECUTED. Summons and Complaint served. Wilmington Savings Fund Society, FSB, served on 7/22/2022, answer due 8/12/2022. Service was made by Cert. Mail. Document filed by Anna T. Balash-Ioannidou. (sc) [Transferred from New York Southern on 8/1/2022.] |
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Filing 4
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Plaintiff is entitled to preliminary injunctive relief is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/25/2022) (ks) [Transferred from New York Southern on 8/1/2022.]
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| Transmission to Office of the Clerk of Court. Transmitted re: #4 Order,,, to the Office of the Clerk of Court for processing..(ks) [Transferred from New York Southern on 8/1/2022.] |
| Filing 2 UNSIGNED ORDER TO SHOW CAUSE filed by Anna T. Balash-Ioannidou. (sac) [Transferred from New York Southern on 8/1/2022.] |
| Filing 1 COMPLAINT against Contour Mortgage Corporation, Wilmington Savings Fund Society, FSB. (Filing Fee $402.00, Receipt Number 3292) Document filed by Anna T. Balash-Ioannidou. (sac) [Transferred from New York Southern on 8/1/2022.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 8/1/2022.] |
| Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) [Transferred from New York Southern on 8/1/2022.] |
| SUMMONS ISSUED as to Contour Mortgage Corporation, Wilmington Savings Fund Society, FSB. (sac) [Transferred from New York Southern on 8/1/2022.] |
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