Ogundiran v. MERS et al
| Aderibigbe Oqundiran and Aderibigbe Ogundiran |
| MERS, Carnegie Mortgage LLC, Green Tree Servicing LLC, Amtrust Bank, Ohio Saving Bank, Kismet Holdings and Development Inc L.L.C, MTGLQ Investors, L.P., Margolin, Weinreb & Niere, L.L.P, Newrez, L.L.C d/b/a/ Shell Point, Mortgage Servicing, Steven Neima, Esq, Moeshe Spira, 321 Albany Avenue, LCC and John Doe 1-10 |
| 1:2023cv08765 |
| November 29, 2023 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Robert M Levy |
| Other Statutory Actions |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 Letter from Aderibigbe Ogundiran On behalf of Eunice Roberts Trust to Judge Kovner dated 12/13/2023 re: Request for 45 Days to Hire a Trust Attorney. (IH) |
ORDER TO SHOW CAUSE: On 11/29/2023, Aderibigbe Ogundiran submitted the #1 complaint on behalf of Eunice Roberts Trust. Compl. (Dkt. #1). Mr. Ogundiran asserts that he is the Trustee First attorney in-fact and Security Interest Holder of the Eunice Roberts Trust, id. at 1-2, but also states that he is proceeding pro se, id. at 2. Plaintiff is ordered to show cause by 12/18/2023 why the case should not be dismissed given that a non-attorney trustee may not represent a trust pro se. Gabayzadeh v. Taylor, 639 F. Supp. 2d 298, 302 (E.D.N.Y. 2009) (collecting cases); see also Martin Piotr Nowak v. JPMorgan Chase Bank, N.A., No. 23-CV-5783 (BMC)(SJB), 2023 WL 5952055, at *1 (E.D.N.Y. Aug. 9, 2023) (noting that a trust cannot appear in this action unless represented by an attorney admitted to the bar and to practice in this jurisdiction.). To the extent Mr. Ogundiran seeks to represent the Trust as an admitted attorney, he must be admitted to the bar and to practice in this jurisdiction, and must file a notice of appearance. Ordered by Judge Rachel P. Kovner on 12/4/2023.
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| Filing 5 NOTICE of Eunice Robert's Trust (Irrevocable Living Trust) filed by Aderibigbe Ogundiran On behalf of Eunice Roberts Trust. (IH) |
| Filing 4 NOTICE of Change of Address of Unit & Zipcode on Trust Address filed by Aderibigbe Ogundiran On behalf of Eunice Roberts Trust. (IH) |
| Filing 3 Summons Issued as to 321 Albany Avenue, LCC, Amtrust Bank, Carnegie Mortgage LLC, Green Tree Servicing LLC, John Doe 1-10, Kismet Holdings and Development Inc L.L.C, MERS, MTGLQ Investors, L.P., Margolin, Weinreb & Niere, L.L.P, Moeshe Spira, Mortgage Servicing, Newrez, L.L.C d/b/a/ Shell Point, Ohio Saving Bank, Steven Neima, Esq. (CV) |
| Filing 2 FILING FEE: $ 402.00, receipt number 100011094 (CV) |
| Filing 1 COMPLAINT against 321 Albany Avenue, LCC, Amtrust Bank, Carnegie Mortgage LLC, Green Tree Servicing LLC, John Doe 1-10, Kismet Holdings and Development Inc L.L.C, MERS, MTGLQ Investors, L.P., Margolin, Weinreb & Niere, L.L.P, Moeshe Spira, Mortgage Servicing, Newrez, L.L.C d/b/a/ Shell Point, Ohio Saving Bank, filed by Aderibigbe Oqundiran. (Attachments: #1 Civil Cover Sheet) (CV) |
| 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 (CV) |
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