Axos Bank v. Ottomanelli et al
Plaintiff: Axos Bank
Defendant: Salvatore Ottomanelli, C6 Capital LLC, Internal Revenue Service, TD Auto Finance, LLC, Clerk of the Suffolk County District Court, Bethpage Federal Credit Union, JOHN DOE and "John Doe No. 1" to "John Doe No. 20"
Case Number: 2:2023cv00941
Filed: February 6, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Joan M Azrack
Referring Judge: James M Wicks
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 10, 2023 Filing 17 SUMMONS Returned Executed by Axos Bank. Internal Revenue Service served on 3/8/2023, answer due 3/29/2023. (Driscoll, Michael)
February 17, 2023 Filing 16 SUMMONS Returned Executed by Axos Bank. Salvatore Ottomanelli served on 2/14/2023, answer due 3/7/2023. (Driscoll, Michael)
February 16, 2023 Filing 15 SUMMONS Returned Executed by Axos Bank. Clerk of the Suffolk County District Court served on 2/14/2023, answer due 3/7/2023. (Driscoll, Michael)
February 16, 2023 Filing 14 SUMMONS Returned Executed by Axos Bank. Bethpage Federal Credit Union served on 2/13/2023, answer due 3/6/2023. (Driscoll, Michael)
February 16, 2023 Filing 13 SUMMONS Returned Executed by Axos Bank. TD Auto Finance, LLC served on 2/10/2023, answer due 3/3/2023. (Driscoll, Michael)
February 16, 2023 Filing 12 SUMMONS Returned Executed by Axos Bank. C6 Capital LLC served on 2/10/2023, answer due 3/3/2023. (Driscoll, Michael)
February 14, 2023 Filing 11 AFFIDAVIT of Service for Additional Notice of Lawsuit served on Salvatore Ottomanelli on February 7, 2023, filed by Axos Bank. (Driscoll, Michael)
February 9, 2023 Filing 10 SUMMONS ISSUED as to Bethpage Federal Credit Union, C6 Capital LLC, Clerk of the Suffolk County District Court, Internal Revenue Service, Salvatore Ottomanelli, TD Auto Finance, LLC. (LC)
February 7, 2023 Filing 9 Corporate Disclosure Statement by Axos Bank identifying Corporate Parent Axos Financial, Inc. for Axos Bank. (Driscoll, Michael)
February 7, 2023 Filing 8 Proposed Summons. Re #1 Complaint,, by Axos Bank (Attachments: #1 Supplement Rider A: Full Caption, #2 Supplement Schedule A, #3 Supplement CPLR 1303 Notice, #4 Supplement CPLR 1320 Notice) (Driscoll, Michael)
February 7, 2023 Filing 7 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. (LJ)
February 7, 2023 Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ)
February 7, 2023 Your proposed summons was not issued for the following reason: The caption on the summons does not match the caption of the complaint; specifically, if you use "et al" you must attach a rider or include the full case caption on the first page of the Summons. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ)
February 7, 2023 Incorrect Case/Document Entry Information. Deleted Defendant JOHN DOE and added Defendant "John Doe No. 1" to "John Doe No. 20" to the case to conform to the Complaint. Deleted Document Entry No. 1 (Complaint and Exhibits) and re-entered as against all Defendants. (LJ)
February 7, 2023 Case Assigned to Judge Joan M. Azrack and Magistrate Judge James M. Wicks. 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. (LJ)
February 6, 2023 Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Axos Bank. (Attachments: #1 Exhibit A - IRS Notice of Federal Tax Lien, #2 Exhibit B - Judgment Orders, #3 Exhibit C - Note, #4 Exhibit D - Mortgage, #5 Exhibit E - Assignment of Mortgage, #6 Exhibit F - HOA Foreclosure Action Complaint, #7 Exhibit G - RPAPL 1304 Notice, #8 Exhibit H - RPAPL 1306 Proof of Fling Statement, #9 Exhibit I - Default Letter) (LJ)
February 6, 2023 FILING FEE: $ 402, receipt number ANYEDC-16381772 (LJ)
February 6, 2023 Filing 5 NOTICE of Lis Pendens by Axos Bank (Driscoll, Michael)
February 6, 2023 Filing 4 AFFIDAVIT/AFFIRMATION re #1 Complaint,, (Certificate of Merit Pursuant to CPLR 3012-b) by Axos Bank (Driscoll, Michael)
February 6, 2023 Filing 3 Civil Cover Sheet.. Re #1 Complaint,, by Axos Bank (Driscoll, Michael)
February 6, 2023 Filing 2 Proposed Summons. Re #1 Complaint,, by Axos Bank (Attachments: #1 Supplement Schedule A, #2 Supplement CPLR 1303 Notice, #3 Supplement CPLR 1320 Notice) (Driscoll, Michael)

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Plaintiff: Axos Bank
Represented By: Michael Tully Driscoll
Represented By: Damani Christopher Sims
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Defendant: Salvatore Ottomanelli
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Defendant: C6 Capital LLC
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Defendant: Internal Revenue Service
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Defendant: TD Auto Finance, LLC
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Defendant: Clerk of the Suffolk County District Court
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Defendant: Bethpage Federal Credit Union
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Defendant: JOHN DOE
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Defendant: "John Doe No. 1" to "John Doe No. 20"
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