Delucia v. Deutsche Bank Trust Company et al
| Joseph Delucia |
| Deutsche Bank Trust Company, McCabe Weisberg & Conway, LLC and Melissa A. Sposato, Esq. |
| 1:2023cv09211 |
| December 15, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Orelia E Merchant |
| Real Property: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 18 NOTICE of Appearance by Michael Ethan Rosen on behalf of Deutsche Bank Trust Company (aty to be noticed) (Rosen, Michael) |
Filing 17
ORDER: The Court held the initial conference in plaintiff's removal case by telephone on January 17, 2024. Judge Merchant had set a briefing schedule for defendants' proposed motion to dismiss. See ECF Order dated January 13, 2024. However, in light of the the Second Circuit's admonition that a pro se plaintiff should be afforded an opportunity to amend his complaint prior to its dismissal for failure to state a claim, Gomez v. USAA Federal Sav. Bank, 171 F.3d 794 (2d Cir. 1999), plaintiff is granted leave to file an amended complaint by February 8, 2024. The briefing schedule for defendants' anticipated motion to dismiss is extended as follows: defendants' motion to dismiss shall be served on or before March 8, 2024; plaintiff's opposition shall be served on or before April 8, 2024; and defendants' reply shall be served and the fully briefed motion shall be filed on or before April 22, 2024. See attached Order. Ordered by Magistrate Judge Lois Bloom on 1/17/2024. (VP)
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| Filing 16 Letter MOTION to Adjourn Conference for January 17, 2024 at 10:30am due to family emergency filed by Joseph Delucia. (JVC) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 1/17/2024 (AT&T Log #10:30-11:06.) (VP) |
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Filing 15
ORDER: The in-person initial conference scheduled for tomorrow, January 17, 2024, at 10:30 a.m. shall be held instead by telephone. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:30 a.m. on January 17, 2024. See attached Order. Ordered by Magistrate Judge Lois Bloom on 1/16/2024. (VP)
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ORDER: Defendants' motions for pre-motion conference ( #10 and #12 ) are denied. The Court sets the following briefing schedule for Defendants' motions to dismiss: Defendants' motions to dismiss to be served on or before February 16, 2024; Plaintiff's oppositions to be served on or before March 18, 2024; Defendants' replies, if any, to be served and the fully briefed motion to be filed on or before April 1, 2024. Ordered by Judge Orelia E. Merchant on 1/13/2024. (MM)
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| Filing 14 CERTIFICATE OF SERVICE by McCabe Weisberg & Conway, LLC, Melissa A. Sposato, Esq. re #13 Corporate Disclosure Statement, #11 Notice of Appearance, #12 Letter MOTION for pre motion conference in anticipation of motion to dismiss upon pro se Plaintiff Joseph Delucia (Krapf, Jamie) |
| Filing 13 Corporate Disclosure Statement by McCabe Weisberg & Conway, LLC (Krapf, Jamie) |
| Filing 12 Letter MOTION for pre motion conference in anticipation of motion to dismiss by McCabe Weisberg & Conway, LLC, Melissa A. Sposato, Esq.. (Krapf, Jamie) |
| Filing 11 NOTICE of Appearance by Jamie C. Krapf on behalf of McCabe Weisberg & Conway, LLC, Melissa A. Sposato, Esq. (aty to be noticed) (Krapf, Jamie) |
| Filing 10 MOTION for pre motion conference Pre-Motion Letter to Hon. Orelia E. Merchant by Deutsche Bank Trust Company. (Attachments: #1 Certificate of Service) (Massimo, Kathleen) |
| Filing 9 CERTIFICATE OF SERVICE by Deutsche Bank Trust Company re #8 Scheduling Order,,,, 12.21.2023 Order served on Pro se Plaintiff (Massimo, Kathleen) |
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Filing 8
ORDER: Defendants removed this case from Queens County Supreme Court, invoking this Court's federal question jurisdiction under 28 U.S.C. 1331. ECF No. #1 . The Court shall hold the initial conference in pro se plaintiff's case on January 17, 2024 at 10:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No planning conference pursuant to Rule 26(a) shall be required at this time. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Defendant shall respond to plaintiff's complaint by December 29, 2023. Fed. R. Civ. P. 81(c)(2)(C). Any party seeking to file a dispositive motion shall consult Judge Merchant's Individual Rules. Defendant is directed to serve a copy of this Order on plaintiff and file proof of service forthwith. See attached Order. Ordered by Magistrate Judge Lois Bloom on 12/21/2023. (VP)
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| Filing 7 CERTIFICATE OF SERVICE by Deutsche Bank Trust Company Mailing of Judge Merchant Part Rules to Pro Se Plaintiff (Massimo, Kathleen) |
| Filing 6 CERTIFICATE OF SERVICE by Deutsche Bank Trust Company re #3 Proposed Summons/Civil Cover Sheet, #1 Notice of Removal, #2 Corporate Disclosure Statement, (Massimo, Kathleen) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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) |
| Case Assigned to Judge Orelia E. Merchant and Magistrate Judge Lois Bloom. 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. (KD) |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal, #2 Corporate Disclosure Statement, by Deutsche Bank Trust Company (Massimo, Kathleen) |
| Filing 2 Corporate Disclosure Statement by Deutsche Bank Trust Company identifying Corporate Parent Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2007-QS10 for Deutsche Bank Trust Company. (Massimo, Kathleen) |
| Filing 1 NOTICE OF REMOVAL by Deutsche Bank Trust Company Notice of Removal of Action ( Filing fee $ 405 receipt number ANYEDC-17383296) (Attachments: #1 Exhibit A--Summons and Complaint, #2 Exhibit B--Co-Defendants Removal Consent) (Massimo, Kathleen) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit the completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
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