Leonardo et al v. Wells Fargo Bank, NA et al
| Joseph P. Leonardo, Audrey M. Leonard and Audrey M. Leonardo |
| Wells Fargo Bank, NA, Druckman Law Group, PLLC and Rushmore Loan Management Services LLC |
| 2:2021cv04949 |
| September 1, 2021 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| James M Wicks |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 15 AFFIDAVIT of Service for Initial Conference Order dated October 12, 2021 served on Joseph P. Leonardo and Audrey M. Leonardo on 10/12/2021, filed by Wells Fargo Bank, NA. (Attachments: #1 Exhibit Initial Conference Order) (Neuner, Jennifer) |
Filing 14
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference is scheduled for 3:30 PM on December 1, 2021 before Magistrate Judge James M. Wicks, via the Court's Teleconference center. Parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. The parties are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than November 24, 2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. Counsel for Defendant is to serve copies of this order upon Pro Se Litigants and file proof of service on ECF. So Ordered by Magistrate Judge James M. Wicks on 10/12/2021. (Attachments: #1 Discovery Plan Worksheet, #2 JMW Individual Rules) (Ortiz, Grisel) Modified on 10/12/2021 (Ortiz, Grisel).
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| Filing 13 Letter MOTION to Dismiss for Failure to State a Claim by Wells Fargo Bank, NA. (Attachments: #1 Exhibit Ex 1 Commencement of foreclosure action index no. 14885 of 2010, #2 Exhibit Ex 2 ORDER Discontinuing Action, #3 Exhibit Ex 3 Second Commencement of Foreclosure Action, #4 Exhibit Ex 4 Notice of Appearance and Verified Answer, #5 Exhibit Ex 5 Motion Detail, #6 Exhibit Ex 6 ORDER dated November 12, 2014, #7 Exhibit Ex 7 ORDER Judgment of Foreclosure and Sale, #8 Exhibit Ex 8 Decision and ORDER dated December 12, 2018, #9 Affidavit of Service Affirmation of Service) (Neuner, Jennifer) |
| Filing 12 NOTICE of Appearance by Jennifer Neuner on behalf of Wells Fargo Bank, NA (aty to be noticed) (Neuner, Jennifer) |
| Filing 11 SUMMONS Returned Executed by Druckman Law Group, PLLC, Wells Fargo Bank, NA, Rushmore Loan Management Services LLC. Druckman Law Group, PLLC served on 9/20/2021, answer due 10/11/2021; Wells Fargo Bank, NA served on 9/20/2021, answer due 10/11/2021; Rushmore Loan Management Services LLC served on 9/20/2021, answer due 10/11/2021. (Coleman, Laurie) |
| Filing 10 Summons Issued as to Druckman Law Group, PLLC, Rushmore Loan Management Services LLC, Wells Fargo Bank, NA. (Coleman, Laurie) |
| Filing 9 LETTER dated 9/13/2021 from Clerk of Court to Joseph & Audrey Leonardo. The Clerk's Office received your proposed civil summons and has issued an official stamped summons. Enclosed, please find the original and a copy of this summons in addition to instruction on the service of the summons and complaint. (Coleman, Laurie) |
| FILING FEE: $ 402.00, receipt number 31588 (Cox, Dwayne) |
| Filing 8 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days re: insufficient fee, must remit a second check for the balance of $22. (Florio, Lisa) |
| Filing 7 Letter MOTION for leave to allow Pro Se to Electronically File by Audrey M. Leonardo, Joseph P. Leonardo. (Florio, Lisa) |
| Filing 6 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days re $402 filing fee required or alternatively filing a request to proceed in forma pauperis. (Coleman, Laurie) |
| Filing 5 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. (Cox, Dwayne) |
| Filing 4 Case transferred in from District of New York Southern; Case Number 1:21-cv-07136. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #3 Order to Joseph P. Leonardo at 2848 Riverside Drive, Wantagh, NY 11793; and to Audrey M. Leonard at 2848 Riverside Drive, Wantagh, NY 11793. (kh) [Transferred from New York Southern on 9/2/2021.] |
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Filing 3
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. The Clerk of Court is further directed to mail a copy of this order to Plaintiffs and note service on the docket. A summons shall not issue from this Court, and this order closes the case in this Court. The Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/25/21) (rdz) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/2/2021.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) [Transferred from New York Southern on 9/2/2021.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Wells Fargo Bank, NA, Druckman Law Group, PLLC, Rushmore Loan Management Services, re: #1 Complaint. Document filed by Audrey M. Leonard, Joseph P. Leonardo. (rdz) [Transferred from New York Southern on 9/2/2021.] |
| Filing 1 COMPLAINT against Druckman Law Group, PLLC, Rushmore Loan Management Services LLC, Wells Fargo Bank, NA. Document filed by Joseph P. Leonardo, Audrey M. Leonard.(rdz) [Transferred from New York Southern on 9/2/2021.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 9/2/2021.] |
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