Windward Bora LLC v. Ortiz et al
| Windward Bora LLC |
| Steven Ortiz, Jenny Ortiz, Suffolk Federal Credit Union, Clerk of The Suffolk County Parking And Traffic Violations Agency, Clerk of the Suffolk County District Court, John Doe, Jane Doe and Jamie Roberts |
| 2:2023cv01068 |
| February 9, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| None |
Docket Report
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ORDER re #17 : Windward Bora LLC (Windward) has moved to amend the caption to substitute Jamie Roberts for John and Jane Doe. Windward proffers Roberts may be residing at the mortgaged property, and thus, is a necessary party to a foreclosure action. See 1426 46 St., LLC v. Klein, 60 A.D.3d 740, 742 876 N.Y.S.2d 425, 427 (2d Dep't 2009) (tenants are necessary parties to a foreclosure action). Windwards motion to substitute is granted. The Clerk of the Court is directed to amend the caption. Windward is directed to serve a copy of this order on Jamie Roberts immediately upon receipt and to file proof of service with the Court. (Jane and John Doe terminated) Ordered by Magistrate Judge Arlene R. Lindsay on 4/7/2023. c/ecf (RI)
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| Filing 17 Letter MOTION to Substitute Party defendant "John Doe" with Jamie Roberts by Windward Bora LLC. (Attachments: #1 Exhibit 1 - Affidavit of Service on Jamie Roberts) (Malekan, Mojdeh) |
| Filing 16 Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendants Clerk of the Suffolk County District Court, Steven Ortiz, Jenny Ortiz, and Suffolk Federal Credit Union have failed to appear or otherwise defend this action, the defaults of defendants Clerk of the Suffolk County District Court, Steven Ortiz, Jenny Ortiz, and Suffolk Federal Credit Union are hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JT) |
| Filing 15 Request for Certificate of Default by Windward Bora LLC (Attachments: #1 Affidavit of Mojdeh Malekan in support of entry of default against CLERK OF THE SUFFOLK COUNTY DISTRICT COURT;, #2 Exhibit A - Affidavit of Service on CLERK OF THE SUFFOLK COUNTY DISTRICT COURT, #3 Proposed Certificate of Default) (Malekan, Mojdeh) |
| Filing 14 Request for Certificate of Default by Windward Bora LLC (Attachments: #1 Affidavit of Mojdeh Malekan in support of entry of default against CLERK OF THE SUFFOLK COUNTY PARKING AND TRAFFIC VIOLATIONS AGENCY, #2 Exhibit A - Affidavit of Service on CLERK OF THE SUFFOLK COUNTY PARKING AND TRAFFIC VIOLATIONS AGENCY, #3 Proposed Certificate of Default) (Malekan, Mojdeh) |
| Filing 13 Request for Certificate of Default by Windward Bora LLC (Attachments: #1 Affidavit in support of entry of default against Suffolk Federal Credit Union, #2 Exhibit A - Affidavit of Service on Suffolk Federal Credit Union, #3 Proposed Certificate of Default) (Malekan, Mojdeh) |
| Filing 12 Request for Certificate of Default by Windward Bora LLC (Attachments: #1 Affidavit in Support of Mojdeh Malekan in Support of Entry of Default Against Jenny Ortiz, #2 A - Affidavit of Service on Jenny Ortiz, #3 Proposed Certificate of Default) (Malekan, Mojdeh) |
| Filing 11 Request for Certificate of Default by Windward Bora LLC (Attachments: #1 Affidavit, #2 Exhibit A - Affidavit of Service on Steven Ortiz, #3 Proposed Order) (Malekan, Mojdeh) |
| REQUEST for Certificate of Default #14 is denied at this time. The defendant Clerk of The Suffolk County Parking And Traffic Violations Agency has appeared and filed an answer #9 to the complaint. (JT) |
| Filing 10 SUMMONS Returned Executed by Windward Bora LLC. Steven Ortiz served on 2/28/2023, answer due 3/21/2023; Jenny Ortiz served on 2/28/2023, answer due 3/21/2023. (Attachments: #1 Affidavit of Service - Jenny Ortiz) (Malekan, Mojdeh) |
| Filing 9 ANSWER to #1 Complaint, by Suffolk County Parking And Traffic Violations Agency. (Rogers, Jennean) |
| Filing 8 SUMMONS Returned Executed by Windward Bora LLC. Clerk of the Suffolk County District Court served on 2/24/2023, answer due 3/17/2023; Jane Doe served on 2/24/2023, answer due 3/17/2023; John Doe served on 2/24/2023, answer due 3/17/2023; Steven Ortiz served on 2/24/2023, answer due 3/17/2023; Jenny Ortiz served on 2/24/2023, answer due 3/17/2023; Suffolk County Parking And Traffic Violations Agency served on 2/22/2023, answer due 3/15/2023; Suffolk Federal Credit Union served on 2/23/2023, answer due 3/16/2023. (Attachments: #1 Affidavit of Service AOS and AOM for Jenny Ortiz, #2 Affidavit of Service AOS and AOM for Jaime Roberts, #3 Affidavit of Service AOS for Suffolk Federal Credit Union, #4 Affidavit of Service AOS for Clerk of the Suffolk County Parking and Traffic Violations Agency, #5 Affidavit of Service AOS for Clerk of the Suffolk County District Court, #6 Affidavit of Service AOM for Occupant) (Malekan, Mojdeh) |
| Filing 7 NOTICE of Appearance by Mojdeh Malekan on behalf of Windward Bora LLC (aty to be noticed) (Malekan, Mojdeh) |
| Filing 6 NOTICE of Appearance by Danielle Paula Light on behalf of Windward Bora LLC (notification declined or already on case) (Light, Danielle) |
| Filing 5 NOTICE of Appearance by Danielle Paula Light on behalf of Windward Bora LLC (notification declined or already on case) (Light, Danielle) |
| Filing 4 Summons Issued as to Clerk of the Suffolk County District Court, Steven Ortiz, Jenny Ortiz, Suffolk County Parking And Traffic Violations Agency, Suffolk Federal Credit Union. (LJ) |
| 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Gary R. Brown 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. (LJ) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16392702 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Windward Bora LLC. (Attachments: #1 Proposed Summons, #2 Summons Rider, #3 Civil Cover Sheet, #4 Exhibit A- Schedule, #5 Exhibit B- Note, #6 Exhibit C- Mortgage, #7 Exhibit D- 30 90 and Step 1, #8 Certificate of Merit, #9 RPAPL 1303, #10 RPAPL 1320 Notice) (Light, Danielle) |
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