Bayview Loan Servicing, LLC v. McCabe, Weisberg & Conway, LLC
| Bayview Loan Servicing, LLC |
| McCabe, Weisberg & Conway, LLC |
| 2:2018cv04961 |
| August 31, 2018 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Joanna Seybert |
| P.I.: Other |
| 28 U.S.C. ยง 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on October 26, 2018. A more recent docket listing may be available from PACER.
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ELECTRONIC ORDER TO SHOW CAUSE. Show Cause Response due by 11/9/2018. Defendant's removal notice alleges that this Court has jurisdiction over this matter pursuant to 28 U.S.C. 1332, which requires that the amount in controversy exceed $75,000 and that the parties be diverse in citizenship. At the time Defendant filed the removal notice, it stated that diversity "likely exists" between the parties (Notice of Removal, Docket Entry 1). Plaintiff has since filed a Corporate Disclosure Statement outlining Plaintiff's residency (Corporate Disclosure Statement, Docket Entry 7). Plaintiff believes "this Court lacks jurisdiction" (Letter Response to Defendant's Request for Pre-Motion Conference, Docket Entry 8). Based upon the Corporate Disclosure Statement and the parties' pre-motion conference letters, diversity jurisdiction appears to be lacking. Accordingly, Defendant is ORDERED to show cause in writing on or before November 9, 2018 why this action should not be dismissed for lack of subject matter jurisdiction. The failure to do so will result in dismissal of this case. Ordered by Judge Joanna Seybert on 10/26/2018. (Alessi, Samantha)
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| Filing 8 MOTION for pre motion conference re #6 MOTION for pre motion conference response and opposition by Bayview Loan Servicing, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Miller, Ashley) |
| Filing 7 Corporate Disclosure Statement by Bayview Loan Servicing, LLC (Miller, Ashley) |
| Filing 6 MOTION for pre motion conference by McCabe, Weisberg & Conway, LLC. (Attachments: #1 Exhibit Ex A -- Notice of Appeal) (Dougherty, Candidus) |
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ELECTRONIC ORDER granting #2 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 9/5/2018. c/ecf (Meehan, James)
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ELECTRONIC ORDER granting #5 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 9/5/2018. c/ecf (Meehan, James)
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| Filing 5 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10700424. by McCabe, Weisberg & Conway, LLC. (Attachments: #1 Affidavit Affidavit of JBM, #2 Certificate of Service Certificate of Service for Pro Hac Vice, #3 Exhibit PA Certificate of Good Standing, #4 Exhibit NJ Certificate of Good Standing) (McCarron, Jeffrey) |
| 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. (Rodin, Deanna) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Gary R. Brown. 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. Motions referred to Gary R. Brown. (Rodin, Deanna) |
| Filing 2 MOTION for Leave to Appear Pro Hac Vice of Candidus K. Dougherty Filing fee $ 150, receipt number 0207-10697650. by McCabe, Weisberg & Conway, LLC. (Attachments: #1 Affidavit in Support AFFIDAVIT IN SUPPORT OF MOTION TO ADMIT COUNSEL PRO HAC VICE, #2 Exhibit Certificate of Good Standing for PA for CKD, #3 Exhibit Certificate of Good Standing for NJ for CKD, #4 Certificate of Service COS) (Dougherty, Candidus) |
| Filing 1 NOTICE OF REMOVAL by McCabe, Weisberg & Conway, LLC from Supreme Court of New York, County of Nassau, case number 609429/2018. (Filing fee $400 receipt number 0207-10697184) Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (John, Edmund) Modified on 9/4/2018 (Rodin, Deanna). |
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