Merchants Bank of Indiana v. Sprout Mortgage, LLC
| Merchants Bank of Indiana |
| Sprout Mortgage, LLC |
| 2:2022cv04480 |
| July 29, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Electronic ORDER granting DE #20 Motion for Extension of Time to Answer. Defendant's deadline to answer the Complaint and file its counterclaim is extended, nunc pro tunc, to and including 1/26/2023. Ordered by Magistrate Judge Steven I. Locke on 1/19/2023. (JM)
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| Filing 21 MOTION for Leave to File Document in Response to Sprout's Request for Leave to File an Untimely Answer and Permissive Counterclaim ECF No. 20 by Merchants Bank of Indiana. (Waller, John) |
| Filing 20 Letter MOTION for Extension of Time to File Answer re #1 Complaint, to Magistrate Judge Steven I. Locke by Sprout Mortgage, LLC. (Attachments: #1 Proposed Answer) (Jones, Nathan) |
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ORDER re #19 Reply in Opposition, filed by Sprout Mortgage, LLC. That portion of Defendant's application for an extension of time to file a responsive pleading to assert counterclaims must be redirected to the assigned Magistrate Judge in accordance with his individual rules. Ordered by Judge Gary R. Brown on 12/19/2022.c/ecf (LJ)
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| Filing 19 REPLY in Opposition re Order on Motion for Pre Motion Conference,,,,,, Letter in Response to Motion for Summary Judgment Pre-motion Conference and Request for Cross-Motion Conference filed by Sprout Mortgage, LLC. (Attachments: #1 Rule 56.1 Statement Defendant's Counter-Statement, #2 Declaration in Support of Defendant's Response, #3 Exhibit 1) (Jones, Nathan) |
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ORDER granting #18 Motion for Extension of Time to File Response/Reply re #18 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Letter MOTION for pre motion conference (DE 16). Application granted, on consent. Ordered by Judge Gary R. Brown on 12/5/2022. (LJ)
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| Filing 18 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Letter MOTION for pre motion conference (DE 16) by Sprout Mortgage, LLC. (Jones, Nathan) |
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SCHEDULING ORDER: re #17 Letter, filed by Merchants Bank of Indiana. Application granted.A telephone pre-motion conference is scheduled for February 17, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Plaintiff's anticipated summary judgment motion pursuant to Rule 56 of the Federal Rules of Civil Procedure, DE 16. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letter and Rule 56.1 Statement as well as the response and Rule 56.1 Counter-statement, along with counsels' arguments 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).The Defendant is directed to respond to DE 16 in accordance with the undersigned's individual rules, particularly those regarding pre-motion letters contemplating summary judgment, see Rule II(g), by December 5, 2022. At the conference, the Court will issue a briefing schedule if necessary.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 11/22/2022.c/ecf (LJ)
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| Filing 17 Letter dated November 21, 2022 from Eddy Salcedo to Honorable Gary S. Brown in reference to the Court's Order dated November 16, 2022 granting ECF No. 16, Plaintiff's Motion for a Pre-Motion Conference in order to respectfully request the correction of what appears to be a typographical error by Merchants Bank of Indiana (Salcedo, Eddy) |
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ORDER granting #16 Motion for Pre Motion ConferenceA telephone pre-motion conference is scheduled for February 17, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendant's anticipated summary judgment motion pursuant to Rule 56 of the Federal Rules of Civil Procedure, DE 16. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letter and Rule 56.1 Statement as well as the response and Rule 56.1 Counter-statement, along with counsels' arguments 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).The Plaintiff is directed to respond to DE 16 in accordance with the undersigned's individual rules, particularly those regarding pre-motion letters contemplating summary judgment, see Rule II(g), by December 5, 2022. At the conference, the Court will issue a briefing schedule if necessary. 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 11/18/2022. c/ecf (LJ)
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| Filing 16 Letter MOTION for pre motion conference regarding desire to file a motion for summary judgment against Sprout Mortgage, LLC by Merchants Bank of Indiana. (Attachments: #1 Rule 56.1 Statement, #2 Declaration of Michael Dum, #3 Exhibit A-1: Assignment Agreement, #4 Exhibit A-2: Mortgage Loan Purchase Agreement, #5 Exhibit A-3: Note, #6 Exhibit A-4: Deed of Trust, #7 Exhibit A-5: Purchase Advice, #8 Exhibit A-6: Outgoing Wire Payment Information, #9 Exhibit A-7: Allonge, #10 Exhibit A-8: MERS System Record of Transfer, #11 Declaration of Jacqueline Barson, #12 Exhibit B-1: Email exchange with Ms. Wakefield, #13 Exhibit B-2: Wakefield's Email Correspondence, #14 Exhibit B-3: Email chain, #15 Declaration of Jason Nordyk, #16 Exhibit C-1: Email exchange with Ms. Wakefield, #17 Exhibit C-2: Email exchange regarding payoff funds) (Salcedo, Eddy) |
| Filing 15 NOTICE of Appearance by David Patton on behalf of Merchants Bank of Indiana (notification declined or already on case) (Patton, David) |
| Filing 14 NOTICE of Appearance by John D Waller on behalf of Merchants Bank of Indiana (notification declined or already on case) (Waller, John) |
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Electronic ORDER granting DE #10 Motion for Leave to Appear Pro Hac Vice; granting DE #11 Motion for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 8/30/2022. (Bartell, Max)
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Electronic ORDER granting DE #13 Motion for Extension of Time to Answer. On consent, the deadline for Defendant to answer or otherwise respond to the Complaint is extended to and including 9/23/2022. Ordered by Magistrate Judge Steven I. Locke on 8/25/2022. (Bartell, Max)
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| Filing 13 First MOTION for Extension of Time to File Answer to Complaint by Sprout Mortgage, LLC. (Attachments: #1 Stipulation Extending Time to Respond) (Jones, Nathan) |
| Filing 12 NOTICE of Appearance by Nathan R. Jones on behalf of Sprout Mortgage, LLC (aty to be noticed) (Jones, Nathan) |
| Filing 11 MOTION to Appear Pro Hac Vice for David W. Patton Filing fee $ 150, receipt number ANYEDC-15856446. by Merchants Bank of Indiana. (Attachments: #1 Affidavit Patton Affidavit and Declaration, #2 Proposed Order Proposed Order on Patton PHV) (Patton, David) |
| Filing 10 MOTION to Appear Pro Hac Vice for John D. Waller Filing fee $ 150, receipt number ANYEDC-15856345. by Merchants Bank of Indiana. (Attachments: #1 Affidavit, #2 Proposed Order) (Patton, David) |
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ORDER re #7 Notice of Appearance, filed by Merchants Bank of Indiana, #8 Notice of Appearance filed by Merchants Bank of Indiana. The above Notices of appearance are deemed withdrawn without prejudice to renewal upon refiling the motions for pro hac vice using the correct motion filing entry and paying the appropriate filing fee. Ordered by Judge Gary R. Brown on 8/18/2022. (McMorrow, Karen)
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| Filing 9 SUMMONS Returned Executed by Merchants Bank of Indiana. Sprout Mortgage, LLC served on 8/3/2022, answer due 8/24/2022. (Salcedo, Eddy) |
| Filing 8 NOTICE of Appearance by John D Waller on behalf of Merchants Bank of Indiana (aty to be noticed) (Attachments: #1 Affidavit Waller Affidavit and Declaration, #2 Proposed Order Proposed Order on Waller PHV) (Waller, John) |
| Filing 7 NOTICE of Appearance by David Patton on behalf of Merchants Bank of Indiana (notification declined or already on case) (Attachments: #1 Affidavit Patton Affidavit and Declaration, #2 Proposed Order Proposed Order on Patton PHV) (Patton, David) |
| Filing 6 NOTICE of Appearance by David Patton on behalf of Merchants Bank of Indiana (aty to be noticed) (Patton, David) |
| Filing 5 NOTICE of Appearance by Matthew C. Catalano on behalf of Merchants Bank of Indiana (aty to be noticed) (Catalano, Matthew) |
| Filing 4 Summons Issued as to Sprout Mortgage, LLC. (Landow, Concetta) |
| Filing 3 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 2 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 1 COMPLAINT against Sprout Mortgage, LLC filing fee $ 402, receipt number ANYEDC-15797652 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Merchants Bank of Indiana. (Attachments: #1 Exhibit A - Mortgage Loan Purchase Agreement, #2 Exhibit B - Assignment Agreement, #3 Exhibit C - Note, #4 Exhibit D - Deed of Trust, #5 Exhibit E - Allonge to the Note, #6 Civil Cover Sheet, #7 Proposed Summons) (Salcedo, Eddy) |
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| Plaintiff: Merchants Bank of Indiana | |
| Represented By: | Matthew C. Catalano |
| Represented By: | Eddy Salcedo |
| Represented By: | John D Waller |
| Represented By: | David Patton |
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| Defendant: Sprout Mortgage, LLC | |
| Represented By: | Nathan R. Jones |
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