The Estate of Xavier Veliz et al v. Nationstar Mortgage, LLC
| THE ESTATE OF XAVIER VELIZ, R. D. VELIZ, XAVIER K. VELIZ, JENNY D. VELIZ and R.D. Veliz |
| NATIONSTAR MORTGAGE, LLC d/b/a MR. COOPER and Nationstar Mortgage, LLC doing business as Mr. Cooper |
| 1:2023cv01726 |
| March 6, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 Letter MOTION for Extension of Time to File Answer re #14 Amended Complaint for extension of time to respond through May 23, 2023 by Nationstar Mortgage, LLC. (Scibetta, Brian) |
| Filing 14 AMENDED COMPLAINT , FIRST AMENDED COMPLAINT against Nationstar Mortgage, LLC, filed by Jenny D. Veliz, The Estate of Xavier Veliz, Xavier K. Veliz, R.D. Veliz. (Raynor, E.) |
ORDER denying as unnecesary #13 Motion for Pre Motion Conference. The premotion conference is waived. This letter motion is deemed to constitute defendant's motion to dismiss on the grounds stated. Plaintiffs' opposition due 5/2/2023. However, if plaintiffs intend to file an amended complaint, they must do so by 4/25/2023. In light of this briefing schedule, the Initial Status Conference scheduled for tomorrow 4/19/2023 is CANCELLED. Ordered by Judge Brian M. Cogan on 4/18/2023. (PW)
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| Filing 13 Letter MOTION for pre motion conference for proposed Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(3) and (b)(6) by Nationstar Mortgage, LLC. (Scibetta, Brian) |
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Filing 12
ORDER withdrawing #8 emergency application for injunctive relief by Order to show cause; ORDER TO ANSWER Nationstar's time to respond to complaint due 4/14/2023. ( Ordered by Judge Brian M. Cogan on 3/17/2023 ) (RG)
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| Filing 11 STIPULATION re #8 First MOTION for Preliminary Injunction , #9 Order to Show Cause,, Stipulation withdrawing emergency application, acknowledging service, and designating response deadline by National Mortgage, LLC (Scibetta, Brian) |
| Filing 10 NOTICE of Appearance by Brian Peter Scibetta on behalf of National Mortgage, LLC (aty to be noticed) (Scibetta, Brian) |
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Filing 9
ORDER TO SHOW CAUSE. Defendant or attorneys for the Defendant, appear and show cause by video conference on March 22, 2023, at 5 oclock in the afternoon why an order should not be issued pursuant to FRCP 65 providing the following relief: enjoining defendant from conducting a foreclosure sale during pending of this litigation. Express mail service of a copy of this order shall be made on or before the 16th of March, 2023. See Order for complete details. Ordered by Judge Brian M. Cogan on 3/15/2023. (PW)
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| Filing 8 First MOTION for Preliminary Injunction by R.D. Veliz, The Estate of Xavier Veliz, Jenny D. Veliz, Xavier K. Veliz. (Attachments: #1 Affidavit Counsel's Emergency Affirmation In Support Of Plaintiffs' Application For An Order To Show Cause, #2 Proposed Order Plaintiffs' Proposed Order, #3 Exhibit Ex. 1 Underlying Complaint, #4 Exhibit Ex. 2 - February 6, 2023, Order of Queens County Supreme Court, #5 Exhibit Ex. 3 - Defendants' Belated Supreme Court Default Response, #6 Exhibit Ex. 4 - Defendant's Notice of Nonjudicial Foreclosure Sale for March 27, 2023, #7 Exhibit Plaintiffs' Supporting Affidavit) (Raynor, E.) |
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Filing 7
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 4/19/2023 at 10:30 am. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 1726#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 3/8/2023. (PW)
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| Filing 6 Summons Issued as to National Mortgage, LLC. (KD) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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 Letter to Clerk of the Court by THE ESTATE OF XAVIER VELIZ, JENNY D. VELIZ, R. D. VELIZ, XAVIER K. VELIZ (Attachments: #1 Exhibit Emergency Application And Proposed Order In Need Of Submission) (Raynor, E.) |
| 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. (KD) |
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ORDER granting #2 Earl D Raynor Jr. Motion for Leave to Appear Pro Hac Vice as counsel for plaintiffs. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 3/8/2023. (PW)
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| Filing 2 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16476325. by THE ESTATE OF XAVIER VELIZ, JENNY D. VELIZ, R. D. VELIZ, XAVIER K. VELIZ. (Attachments: #1 Affidavit Counsel's Affidavit In Support of Pro Hac Application, #2 Exhibit Counsel's Certificate of Good Standing, #3 Proposed Order Proposed Order) (Raynor, E.) |
| Filing 1 COMPLAINT against NATIONSTAR MORTGAGE, LLC d/b/a MR. COOPER filing fee $ 402, receipt number ANYEDC-16471289 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by JENNY D. VELIZ, THE ESTATE OF XAVIER VELIZ, XAVIER K. VELIZ, R. D. VELIZ. (Attachments: #1 Proposed Summons Summons for Issuance, #2 Civil Cover Sheet Case Civil Cover Sheet, #3 Exhibit Letter Notice of Pending Application for Regular Admission) (Raynor, E.) |
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