LTO Properties Corp. v. Currey et al
| LTO Properties Corp. |
| Ken Currey, Joyce Currey, American Express Centurion Bank and New York City Environmental Control Board |
| 1:2023cv01795 |
| March 8, 2023 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Peggy Kuo |
| Real Property: Foreclosure |
| 12 U.S.C. § 191 Bank Foreclosure |
| None |
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 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant American Express Centurion Bank, Joyce Currey, Ken Currey, New York City Environmental Control Board has failed to appear or otherwise defend this action, the default of defendant American Express Centurion Bank, Joyce Currey, Ken Currey, New York City Environmental Control Board is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
SCHEDULING ORDER: By June 9, 2023 the plaintiff shall serve and file a motion for a default judgment against defendants American Express Centurion Bank, Joyce Currey, Ken Currey, New York City Environmental Control Board. Ordered by Judge Frederic Block on 5/4/2023. (MI)
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| Filing 14 Request for Certificate of Default by LTO Properties Corp. (Weinreb, Alan) |
| Filing 13 SUMMONS Returned Executed by LTO Properties Corp.. Joyce Currey served on 4/3/2023, answer due 4/24/2023. (Weinreb, Alan) |
| Filing 12 SUMMONS Returned Executed by LTO Properties Corp.. Ken Currey served on 4/3/2023, answer due 4/24/2023. (Weinreb, Alan) |
| Filing 11 SUMMONS Returned Executed by LTO Properties Corp.. New York City Environmental Control Board served on 3/28/2023, answer due 4/18/2023. (Weinreb, Alan) |
| Filing 10 SUMMONS Returned Executed by LTO Properties Corp.. American Express Centurion Bank served on 3/28/2023, answer due 4/18/2023. (Weinreb, Alan) |
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Filing 9
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on July 7, 2023 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By June 30, 2023, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 4/3/2023. (RO)
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| Filing 8 Letter in response to 3/31/2023 Order by LTO Properties Corp. (Weinreb, Alan) |
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ORDER: The #1 Complaint states that Defendant American Express Centurion Bank is a banking institution having an address in New York and "[f]or purposes of diversity jurisdictionis a citizen of New York State." This does not allege sufficient facts to establish its citizenship for purposes of establishing diversity jurisdiction under 28 U.S.C. 1332. See Wachovia Bank v. Schmidt, 546 U.S. 303, 307 (2006) (holding "that a national bank... is a citizen of the State in which its main office, as set forth in its articles of association, is located."). By April 7, 2023, Plaintiff is directed to file a letter identifying the location of the main office of American Express Centurion Bank so that the Court can determine whether there is complete diversity of citizenship and it has federal jurisdiction pursuant to 28 U.S.C. 1332. Ordered by Magistrate Judge Peggy Kuo on 3/31/2023. (JR)
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Peggy Kuo for all further proceedings. Magistrate Judge Cheryl L. Pollak no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 3/15/2023. (SR)
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| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 6 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. (SR) |
| Filing 5 Summons Issued as to All Defendants. (SR) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Cheryl L. Pollak. 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. (SR) |
| Filing 4 Proposed Summons.Civil Cover Sheet.. by LTO Properties Corp. (Attachments: #1 Civil Cover Sheet) (Weinreb, Alan) |
| Filing 3 AFFIDAVIT/AFFIRMATION Certificate of Merit Affirmation Pursuant to CPLR 3012-b and Section Nine-X of the Banking Law by LTO Properties Corp. (Weinreb, Alan) |
| Filing 2 Corporate Disclosure Statement by LTO Properties Corp. (Weinreb, Alan) |
| Filing 1 COMPLAINT against American Express Centurion Bank, Joyce Currey, Ken Currey, New York City Environmental Control Board filing fee $ 402, receipt number ANYEDC-16480284 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by LTO Properties Corp.. (Attachments: #1 Exhibit A - Exhibit G, #2 N.Y. RPAPL 1320 Notice) (Weinreb, Alan) |
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