Gunn et. al. v. CitiMortgage, Inc. et. al.
| Lisa Lobianco and Peter Gunn |
| JP Morgan Chase Bank, NA, CitiMortgage, Inc., John Doe #1, Jane Doe #1, Cenlar FSB a/k/a Central Loan Administration and Reporting, Experian, Inc., John Doe #2, Jane Doe #2, Cenlar FSB, Central Loan Administration and Reporting and JP Morgan Chase Bank, NA. |
| 2:2021cv02663 |
| May 12, 2021 |
| US District Court for the Eastern District of New York |
| Arlene R Lindsay |
| Joanna Seybert |
| Consumer Credit |
| 28 U.S.C. § 1441 Petition for Removal - Fair Credit Reporti |
| None |
Docket Report
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ORDER granting #13 Motion for Extension of Time to Answer. The time for Experian, Inc. to answer, move against or otherwise respond to the Complaint is hereby extended to July 14, 2021. Ordered by Magistrate Judge Arlene R. Lindsay on 6/24/2021. (Jacobwitz, Beth)
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| Filing 13 Letter MOTION for Extension of Time to File Answer , move, or otherwise respond to the complaint, until and including July 14, 2021, on consent, by Experian, Inc.. (Scott, Neil) |
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ORDER granting #12 Motion for Extension of Time to Answer. The time for Experian, Inc. to answer, move against or otherwise respond to the Complaint is hereby extended to June 30, 2021. Ordered by Magistrate Judge Arlene R. Lindsay on 6/3/2021. (Jacobwitz, Beth)
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| Filing 12 Letter MOTION for Extension of Time to File Answer move, or otherwise respond to the Amended Complaint, to and including June 30, 2021, on consent, by Experian, Inc.. (Scott, Neil) |
| Filing 11 Corporate Disclosure Statement by Experian, Inc. identifying Corporate Parent Experian plc, Other Affiliate Opt-Out Services LLC, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC for Experian, Inc.. (Scott, Neil) |
| Filing 10 NOTICE of Appearance by Neil Conner Scott on behalf of Experian, Inc. (aty to be noticed) (Scott, Neil) |
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ELECTRONIC ORDER denying #6 and #7 Motions for Pre-Motion Conference as premature. The Court has reviewed Defendants' requests for a pre-motion conference seeking leave to file motions to dismiss Plaintiffs' complaint (ECF Nos. #6 and #7 ) and Plaintiffs' response (ECF No. #9 ). In their response, Plaintiffs "seek leave to amend the complaint." Under Federal Rule of Civil Procedure 15(a)(1)(A), Plaintiffs are entitled to amend their complaint as of right within twenty-one (21) days after serving it or, as is the case here, after removal. See Araujo v. John Hancock Life Ins. Co., 206 F. Supp. 2d 377, 383 (E.D.N.Y. 2002). Accordingly, Defendants' requests are DENIED without prejudice to renew, and the Court grants Plaintiffs an extension of time to file their amended complaint, without the Court's leave, to on or before June 16, 2021. At that time, Defendants may renew their requests for leave to file motions to dismiss the complaint or amended complaint, if Plaintiffs have exercised their right. Ordered by Judge Joanna Seybert on 6/1/2021. (DiMarco, Nicholas)
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| Filing 9 RESPONSE in Opposition re #7 Letter MOTION for pre motion conference , #6 Letter MOTION for pre motion conference in Contemplation of Chase's Filing a Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) Letter RESPONSE to MOTION filed by Peter Gunn. (Lopresti, Genevieve) |
| Filing 8 Corporate Disclosure Statement by CitiMortgage, Inc. identifying Corporate Parent Citibank, N.A., Corporate Parent Citigroup Network Holdings LLC, Corporate Parent Citicorp USA, Corporate Parent CitiFinancial Auto Credit, Inc, for CitiMortgage, Inc.. (Smith, Jordan) |
| Filing 7 Letter MOTION for pre motion conference by Cenlar FSB, CitiMortgage, Inc.. (Smith, Jordan) |
| Filing 6 Letter MOTION for pre motion conference in Contemplation of Chase's Filing a Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) by JP Morgan Chase Bank, NA.. (Turcotte, Christopher) |
| Filing 5 CERTIFICATE OF SERVICE by JP Morgan Chase Bank, NA. of Notice of Removal, Rule 7.1 Statement, and Civil Cover Sheet (Turcotte, Christopher) |
| 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. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Arlene R. Lindsay. 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. (Flanagan, Doreen) |
| Filing 2 Corporate Disclosure Statement by JP Morgan Chase Bank, NA. identifying Corporate Parent JPMorgan Chase & Co., Other Affiliate The Vanguard Group, Inc. for JP Morgan Chase Bank, NA.. (Turcotte, Christopher) Modified on 5/13/2021 (Flanagan, Doreen). |
| Filing 1 NOTICE OF REMOVAL by JP Morgan Chase Bank, NA. from Supreme Court of the State of New York, County of Nassau, Case Number 615186/2020. Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. ( Filing fee $ 402 receipt number ANYEDC-14464094) (Attachments: #1 Exhibit 1 (State Summons with Notice), #2 Exhibit 2 (State Demand for Complaint), #3 Exhibit 3 (State Amended and Supplemental Summons with Notice), #4 Exhibit 4 (Verified Complaint), #5 Exhibit 5 (CitiMortgage Consent to Removal), #6 Civil Cover Sheet) (Turcotte, Christopher) Modified on 5/13/2021 (Flanagan, Doreen). |
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