Door Automation Corp. v. Bank Of America, N.A.
| Door Automation Corp. |
| Bank Of America, N.A. |
| 2:2020cv05340 |
| November 4, 2020 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| Negotiable Instrument |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.
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ORDER granting #10 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for January 12, 2021 at 11:00 a.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 10. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 10 in accordance with the undersigned's individual rules by December 23, 2020. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 12/8/2020. (Johnston, Linda)
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| Filing 10 Letter MOTION for pre motion conference by Bank Of America, N.A.. (Massand, Shan) |
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ORDER denying #8 Motion to Dismiss for Failure to State a Claim without prejudice to renewal. Based upon the undersigned's individual rules, a party moving for a motion to dismiss must file a pre-motion letter. Counsel should note that, in appropriate cases, the pre-motion letter along withcounsel's argument at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself, and failure to raise the arguments in the pre-motion letter and the pre-motion conference shall be deemed waived. The Court also observes the bundling rule. See Rule II. Ordered by Judge Gary R. Brown on 12/4/2020. c/ecf (Johnston, Linda)
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| Filing 9 MEMORANDUM in Support re #8 MOTION to Dismiss for Failure to State a Claim filed by Bank Of America, N.A.. (Massand, Shan) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim by Bank Of America, N.A.. (Massand, Shan) |
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ELECTRONIC ORDER granting #7 Motion for Extension of Time to Answer Bank Of America, N.A. answer due 12/3/2020. Ordered by Magistrate Judge Steven I. Locke on 11/10/2020. (Gandiosi, Kristin)
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| Filing 7 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Bank Of America, N.A.. (Massand, Shan) |
| Filing 6 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. (Landow, Concetta) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven I. Locke. 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. (Landow, Concetta) |
| Filing 4 Civil Cover Sheet.. by Bank Of America, N.A. (Massand, Shan) |
| Filing 3 Corporate Disclosure Statement by Bank Of America, N.A. identifying Corporate Parent Bank of America Corporation, Other Affiliate BAC North America Holding Company, Other Affiliate NB Holdings Corporation for Bank Of America, N.A.. (Massand, Shan) |
| Filing 2 Civil Cover Sheet.. by Bank Of America, N.A. (Massand, Shan) |
| Filing 1 NOTICE OF REMOVAL by Bank Of America, N.A. from Supreme Court of New York, Nassau County, case number 620896/2020. ( Filing fee $ 400 receipt number ANYEDC-13632310) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A-Summons and Complaint) (Massand, Shan) Modified on 11/4/2020 (Landow, Concetta). |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. The second page is missing. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Landow, Concetta) |
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| Defendant: Bank Of America, N.A. | |
| Represented By: | Shan P. Massand |
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| Plaintiff: Door Automation Corp. | |
| Represented By: | Jerry Giardina |
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