Sinclair v. Bank of America NA et al
| Michael Sinclair |
| Bank of America NA and Carrington Mortgage Services LLC |
| 1:2023cv00295 |
| January 17, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Diane Gujarati |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER re: #11 Letter response: Pursuant to the Court's February 27, 2023 Order, Defendants have proposed a schedule for the coordinated briefing of motions to dismiss in this action. Defendants have proposed three tracks of motion to dismiss briefing: (i) a joint motion by both Defendants to dismiss this action for failure to comply with Fed. R. Civ. P. 8 and for failure to set forth a cognizable claim for relief with regard to certain claims; (ii) a motion by Defendant Bank of America NA to dismiss the action on certain additional grounds; and (iii) a motion by Defendant Carrington Mortgage Services LLC to dismiss the action on certain additional grounds. See ECF No. 11. Briefing on the motions to dismiss shall proceed as follows: Defendants shall serve and file their motions to dismiss by March 24, 2023. Plaintiff shall serve and file Plaintiff's opposition(s) by April 21, 2023. Defendants shall serve and file their replies, if any, by May 5, 2023. Ordered by Judge Diane Gujarati on 3/7/2023. (KA)
|
| Filing 11 Letter response to Court Order of February 27, 2023 by Bank of America NA (Blaine, Michael) |
|
ORDER denying #7 #10 Letter MOTIONS for pre motion conference -- The Court has reviewed Defendants' #7 #10 letters and has determined that a pre-motion conference is not necessary. Defendants shall propose, by March 6, 2023, a schedule for the coordinated briefing of motions to dismiss in this action. Defendants' proposal shall set forth any common issues to be briefed jointly and any defendant-specific issues to be briefed separately, with an explanation as to why any defendant-specific briefing is warranted with regard to the issues specified. Ordered by Judge Diane Gujarati on 2/27/2023. (KA)
|
| Filing 10 Letter MOTION for pre motion conference re #1 Complaint by Carrington Mortgage Services LLC. (Dominczyk, Thomas) |
| Filing 9 NOTICE of Appearance by Thomas R Dominczyk on behalf of Carrington Mortgage Services LLC (aty to be noticed) (Dominczyk, Thomas) |
| Filing 8 Corporate Disclosure Statement by Bank of America NA identifying Corporate Parent Berkshire Hathaway Inc., Corporate Parent Bank of America Coporation, Corporate Parent BAC North America Holding Company, Corporate Parent NB Holdings Corporation for Bank of America NA. (Blaine, Michael) |
| Filing 7 Letter MOTION for pre motion conference re #1 Complaint, #6 Summons Returned Executed by Bank of America NA. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Blaine, Michael) |
| Filing 6 SUMMONS Returned Executed by Michael Sinclair. Bank of America NA served on 2/2/2023, answer due 2/23/2023; Carrington Mortgage Services LLC served on 2/2/2023, answer due 2/23/2023. (JC) |
|
Filing 5
ORDER: The Honorable Diane Gujarati, United States District Judge, has assigned this case to me for all pretrial purposes. Enclosed is a copy of the "Individual Practices of Magistrate Judge Bloom." Plaintiff and defendants, alike, are required to follow these rules. Plaintiff is to provide a copy of this Order and the enclosed rules to defendants along with the summons and complaint. Pro se plaintiff filed the complaint in this action on January 17, 2023. ECF No. #1 . Plaintiff shall have 90 days from January 17, 2023 to serve defendants and file proof of service with the Court. Accordingly, if proper service is not made upon defendants by April 17, 2023, or if plaintiff fails to show good cause why such service has not been effected by that date, I shall recommend that the Court should dismiss this action without prejudice. See attached order. Ordered by Magistrate Judge Lois Bloom on 1/25/2023. (VP)
|
|
ORDER OF RECUSAL. Judge Nina R. Morrison recused. Case reassigned to Judge Diane Gujarati for all further proceedings. Type of Recusal party.Ordered by Judge Nina R. Morrison on 1/24/2023. (BBM)
|
| 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. (KD) |
| Filing 3 Summons Issued as to Bank of America NA, Carrington Mortgage Services LLC. (KD) |
| Filing 2 FILING FEE: $ 402, receipt number 100004213 (KD) |
| Filing 1 COMPLAINT against Bank of America NA, Carrington Mortgage Services LLC, filed by Michael Sinclair. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (KD) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
