Lopez v. Ally Bank et al
| Calvin Lopez |
| Ally Bank, Early Warning Services, LLC and Early Warning Services, LLC doing business as Zelle |
| 1:2023cv08769 |
| November 29, 2023 |
| US District Court for the Eastern District of New York |
| Taryn A Merkl |
| Fraud or Truth-In-Lending |
| 15 U.S.C. ยง 1640 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 Corporate Disclosure Statement by Ally Bank identifying Corporate Parent Ally Financial Inc. for Ally Bank. (Steinlight, Stephen) |
| Filing 9 MOTION for Extension of Time to File Answer re #1 Complaint, by Ally Bank. (Steinlight, Stephen) |
ORDER: The motion for extension of time to file answer #9 is granted, on consent. Defendant Ally Bank shall file an answer or otherwise respond to the complaint by 2/22/2024. The parties are reminded that this case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Courts website at # https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. The parties are also respectfully reminded that, unless all parties consent to Magistrate Judge jurisdiction, if a party intends to file a motion to dismiss under Rule 12(b), that party must file a letter no longer than one page indicating such intent in order to facilitate assignment of this case to a District Judge as the presiding judge. See Admin. Order No. 2023-23 at 2. Any such letter shall be filed by 2/15/2024. Ordered by Magistrate Judge Taryn A. Merkl on 1/23/2024. (ALG)
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| Filing 8 NOTICE of Voluntary Dismissal by Calvin Lopez of Defendant Early Warning Services, LLC Only (Ellenberg, Henry) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Calvin Lopez. Early Warning Services, LLC waiver sent on 12/8/2023, answer due 2/6/2024. (Ellenberg, Henry) |
| Filing 6 SUMMONS Returned Executed by Calvin Lopez. Ally Bank served on 1/2/2024, answer due 1/23/2024. (Ellenberg, Henry) |
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ORDER: The Motion of Henry Cooper Ellenberg, II for Leave to Appear Pro Hac Vice #5 is granted. The attorney shall register for ECF, if needed; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Taryn A. Merkl on 1/10/2024. (ALG)
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| Filing 5 MOTION to Appear Pro Hac Vice of H. Cooper Ellenberg Filing fee $ 150, receipt number ANYEDC-17444338 by Calvin Lopez. (Attachments: #1 Affidavit Affidavit in Support of PHV Motion, #2 Appendix Certificates of Good Standing, #3 Proposed Order Proposed Order) (Ellenberg, Henry) |
| Filing 4 Summons Issued as to Ally Bank, Early Warning Services, LLC. (Attachments: #1 Early Warning Services, LLC d/b/a Zelle) (AF) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (AF) |
| Case Assigned to Magistrate Judge Taryn A. Merkl. 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. (AF) |
| Filing 1 COMPLAINT against Ally Bank, Early Warning Services, LLC filing fee $ 402, receipt number ANYEDC-17325730 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Calvin Lopez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons as to Ally Bank, #3 Proposed Summons as to Early Warning Services) (Schlanger, Daniel) |
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