Jones et al v. HSBC Bank USA National Association
| Vira Lynn Jones and Phillip Jones |
| HSBC Bank USA National Association |
| 1:2023cv07773 |
| October 13, 2023 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Joseph A Marutollo |
| Ramon E Reyes |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
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SCHEDULING ORDER: Plaintiffs shall file a response to defendants' #9 motion to dismiss by 12/29/2023. Defendant may file a reply, if any, by 1/5/2024. Ordered by Judge Rachel P. Kovner on 12/8/2023. (SP)
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| Filing 11 MEMORANDUM in Support re #9 Notice of MOTION to Dismiss TO DISMISS THE COMPLAINT PURSUANT TO FED. RULES CIV. PROC. R. 12(b)(1) AND (6) filed by HSBC Bank USA National Association. (Edoziem, Ofunne) |
| Filing 10 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION to Dismiss TO DISMISS THE COMPLAINT PURSUANT TO FED. RULES CIV. PROC. R. 12(b)(1) AND (6) filed by HSBC Bank USA National Association. (Attachments: #1 Exhibit the Foreclosure Summons & Complaint, #2 Exhibit WebCivil Supreme Appearance Detail, #3 Exhibit Judgment of Foreclosure and Sale, #4 Exhibit Signed Emergency Order to Show Cause, #5 Exhibit Decision and Order, #6 Exhibit Notice of Sale, #7 Exhibit Signed Emergency Order to Show Cause, #8 Exhibit WebCivil Supreme Motion Detail, #9 Exhibit Motion and HSBC Notice of Return and Rejection, #10 Exhibit Signed Order to Show Cause) (Edoziem, Ofunne) |
| Filing 9 Notice of MOTION to Dismiss TO DISMISS THE COMPLAINT PURSUANT TO FED. RULES CIV. PROC. R. 12(b)(1) AND (6) by HSBC Bank USA National Association. (Attachments: #1 Proposed Order, #2 Exhibit Local 12.1, #3 Exhibit Local Rule 7.2, #4 Certificate of Service) (Edoziem, Ofunne) |
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Filing 8
SCHEDULING ORDER: An in-person initial conference will be held on January 31, 2024 at 11:30 a.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than January 26, 2024. Plaintiffs are ordered to notify Defendants of this conference. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 12/1/2023. (Attachments: #1 Individual Practices and Rules) (EG)
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| Case Reassigned to Magistrate Judge Joseph A. Marutollo. Magistrate Judge Ramon E. Reyes, Jr no longer assigned to the 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. (BBM) |
| Filing 7 SUMMONS Returned Executed by Vira Lynn Jones, Phillip Jones. HSBC Bank USA National Association served on 11/15/2023, answer due 12/6/2023. (IH) |
| Filing 6 Summons Issued as to HSBC Bank USA National Association. (IH) |
| Filing 5 FILING FEE: $ 450.00, receipt number 100010626 (IH) |
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ORDER: Plaintiffs' #2 , #3 applications to proceed in forma pauperis are denied without prejudice because they do not provide sufficient information to permit the Court to determine whether plaintiffs are indigent. Plaintiffs applications listing no income from any source, no savings, and no assets raises questions regarding whether the short-form applications give a complete and accurate picture of plaintiffs financial situation. Accordingly, if plaintiffs wish to proceed in forma pauperis, they are directed to file, on or before 11/8/2023, complete and accurate Long-Form IFP Applications providing additional information necessary to make an indigency determination. If plaintiffs fail to file the Long Form IFP Applications (or to pay the filing fee) by 11/8/2023, the case may be dismissed without prejudice. The Clerk of Court is directed to mail a copy of this docket order and of two Long Form IFP Applications to plaintiffs. Ordered by Judge Rachel P. Kovner on 10/25/2023. (SP)
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| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Phillip Jones. (KD) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Vira Lynn Jones. (KD) |
| Filing 1 COMPLAINT against HSBC Bank USA National Association, filed by Vira Lynn Jones, Phillip Jones. (Attachments: #1 Civil Cover Sheet) (KD) |
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