Wilks v. Wells Fargo Bank, N.A. et al
| David E. Wilks and Lois Wilks |
| Wells Fargo Bank, N.A. and Woods Oviatt Gilman, LLP |
| 1:2023cv02768 |
| April 12, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Cheryl L Pollak |
| Real Property: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
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Filing 12
ORDER: The Court denies Plaintiffs' motion for an extension of time to respond to Defendants' pre-motion letters requesting permission to file motions to dismiss. See ECF No. #11 . The Court already issued an order setting a schedule for Plaintiffs to indicate whether they intend to amend their complaint and for the parties to file briefs in support of Defendants' motions to dismiss, see ECF No. #8 , a copy of which was mailed to Plaintiffs by the Clerk of Court. The Court's staff is mailing Plaintiffs a copy of this order, a copy of the Court's prior order, a copy of each Defendant's pre-motion letters, and a copy of the full docket sheet for this case as of June 6, 2023. The Court's staff is also contemporaneously sending this order, through the District's electronic case filing system, to the email address that Plaintiffs included in their complaint. Ordered by Judge Hector Gonzalez on 6/6/2023. (BH)
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| Filing 11 Letter MOTION for Extension of Time to File Response/Reply to Defendants Letter Motion #7 requesting a Leave to file Motion to Dismiss. Plaintiff's are respectfully requesting an extension of time of forty-five (45) days in order to respond, Jury Trial Demanded. Filed by David E. Wilks, Lois Wilks. (JC) |
| Filing 10 SUMMONS Returned Executed by David E. Wilks, Lois Wilks. Woods Oviatt Gilman, LLP served on 5/1/2023, answer due 5/22/2023. (JC) |
| Filing 9 SUMMONS Returned Executed by David E. Wilks, Lois Wilks. Wells Fargo Bank, N.A. served on 4/28/2023, answer due 5/19/2023. (JC) |
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Filing 8
ORDER: Each of the Defendants has filed letters requesting a pre-motion conference regarding proposed motions to dismiss. See ECF Nos. #6 , #7 . The Court finds that a pre-motion conference is unnecessary and directs the parties to brief Defendants' proposed motions to dismiss according to the schedule described in the accompanying order. The Court respectfully directs the Clerk of Court to mail the pro se Plaintiffs a copy of this order, along with copies of Defendants' pre-motion letters (ECF Nos. 6 & 7). Ordered by Judge Hector Gonzalez on 5/26/2023. (BH)
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| Filing 7 Letter MOTION for pre motion conference to request leave to file a Motion to Dismiss by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit Foreclosure Complaint, #2 Exhibit Affidavit of Service) (Margarella, Michael) |
| Filing 6 Letter by Woods Oviatt Gilman, LLP (Attachments: #1 Affidavit of Service) (Grigg, Natalie) |
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Filing 5
ORDER: Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, plaintiffs shall have 90 days from the date the Complaint was filed to serve the defendants and file proof of service with the Court. If proper service is not made upon the defendants by July 11, 2023, or if plaintiffs fail to show good cause why such service has not been effected by that date, the undersigned will recommend that the District Court dismiss this action without prejudice for failure to prosecute. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/20/2023. (MK)
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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. (KD) |
| Filing 3 Summons Issued as to Wells Fargo Bank, N.A., Woods Oviatt Gilman, LLP. (KD) |
| Filing 2 FILING FEE: $ 402.00, receipt number 10006227 Payment Processed on 4/13/2023 (KD) |
| Filing 1 COMPLAINT against Wells Fargo Bank, N.A., Woods Oviatt Gilman, LLP, filed by David E. Wilks. (Attachments: #1 Civil Cover Sheet) (KD) |
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