Christen v. U.S. Bank Trust National Association
| Alicia M. Christen and Alicia Christen, et al. |
| U.S. Bank Trust National Association |
| AMC Revocable Living Trust, |
| 2:2023cv02122 |
| March 20, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Steven I Locke |
| Other Statutory Actions |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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This docket was last retrieved on May 18, 2023. A more recent docket listing may be available from PACER.
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Filing 17
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Status conference held on 5/18/2023. No appearance by Plaintiff. No appearance by Interpleader AMC Revocable Trust. Interpleaders Motion to Quash Improper Service and Request for Leave to Effect Proper Service on Defendant, DE #8 , is denied without prejudice to renew. The Court is unable to interpret the motion or understand what relief is being sought or the reason for the request. Although the Court intended to explore that basis for the motion at todays conference, the movant failed to appear. The Interpleaders Objection to Magistrate Pursuant to 28 U.S.C. 636(c)(2) and FRCP 73 and Request to Vacate Scheduled Status conference, DE #16 , is denied for the samereason. The non-appearing parties are cautioned that continued failure to appear may result in the recommendation that this case be dismissed pursuant to Fed. R. Civ. P. 41 for failure to prosecute. Next conference set for June 7, 2023. All sides are ordered to appear. Defendant is directed to serve a copy of this order on all other parties and file proof of service via ECF. Next Status Conference set for 6/7/2023 at 1:30 PM in Courtroom 820 before Magistrate Judge Steven I. Locke. So Ordered by Magistrate Judge Steven I. Locke on 5/18/2023. (KG)
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| Filing 16 MOTION to Vacate /Objection to Magistrate pursuant to 28 U.S.C. 636(c)(2) and FRCP 73 and Request to Vacate Schedule Status Conference by AMC Revocable Living Trust,. (LC) |
| Filing 15 AFFIDAVIT/AFFIRMATION Certification of Service of Order Adjourning Status Conference by U.S. Bank Trust National Association (Brigandi, John) |
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Electronic ORDER granting DE #14 Motion to Adjourn Conference. Based on the representations in DE #14 , the status conference previously scheduled for 5/4/2023 is adjourned to 5/18/2023 at 1:30 p.m. Counsel for Defendant is directed to serve a copy of this order on Plaintiff and file proof of service on ECF. Counsel is further directed to contact Plaintiff by phone and inform her of the date and time of the status conference. Ordered by Magistrate Judge Steven I. Locke on 5/1/2023. (JM)
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| Filing 14 Letter MOTION to Adjourn Conference by U.S. Bank Trust National Association. (Brigandi, John) |
| Filing 13 LETTER dated 4/19/2023 from Pro Se Office to Alica M. Christen. The Court is in receipt of your faxes received on April 11, 2023. Please note that the documents will be docketed as a one-time courtesy. However, future correspondence via email and fax will not be accepted (and will be returned to you). Please note that absent direction from the Court, faxed and emailed correspondence are not permitted for any reason. Please contact the Pro Se Office if you require further assistance. (LC) |
| Filing 10 SUMMONS Returned Executed by Alicia M. Christen. U.S. Bank Trust National Association served on 4/5/2023, answer due 4/26/2023. (JC) Modified on 4/19/2023- to correct DE# from 12 to 10.(GO). |
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ELECTRONIC ORDER: Due to a change in the Court's calendar, the Status Conference set for 4/20/2023 has been adjourned to 5/4/2023 at 2:00 PM in Courtroom 820 before Magistrate Judge Steven I. Locke. Counsel for defendants are instructed to serve a copy of this Electronic Order on pro se and electronically file proof of service. Ordered by Magistrate Judge Steven I. Locke on 4/13/2023. (KG)
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| Filing 11 LETTER dated 4/10/2023 from Alicia Maria Christen to Judge Azrack. AMC Revocable Trust, appearing as Attorney-In-Fact in the place and stead of lnterpleader Complainant Alicia Maria Christen, obiects onl in and for the record to the ex parte communication by Counsel for US Bank National Association as Trustee for the RMAC Trust, Series 2016-CTT and requests this objection be made a part of the official record in preservation for purposes of appeal. (LC) |
| Filing 12 LETTER dated 4/10/2023 from Alicia Maria Christen to Judge Azrack. AMC Revocable Trust, appearing as Attorney-In-Fact in the place and stead of lnterpleader Complainant Alicia Maria Christen, objects on, in and for the record to the ex parte communication by Counsel for US Bank National Association as Trustee for the RMAC Trust, Series 2016-CTT and requests this objection be made a part of the official record in preservation for purposes of appeal. Corrected Proof of Service annexed. (LC) |
| Filing 9 AFFIDAVIT/AFFIRMATION Certification of Service of Order Scheduling Status Conference by U.S. Bank Trust National Association (Brigandi, John) |
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ORDER: Defendant has requested a pre-motion conference #7 regarding a proposed motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Under my Individual Rules, Plaintiff's response was due 4/4/2023, however, Plaintiff has not responded. Accordingly, Plaintiff is ordered to file a response to Defendant's pre-motion letter, not to exceed three pages, by 4/11/2023. Failure to comply with this order may result in dismissal of this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this order to the pro se plaintiff at her address of record. Ordered by Judge Joan M. Azrack on 4/6/2023. (SP)
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Electronic SCHEDULING ORDER re: DE #8 : A status conference is scheduled for 4/20/2023 at 10:00 a.m. in Courtroom 820 of the Central Islip courthouse. Counsel for Defendant is directed to promptly serve a copy of this order on Plaintiff and file proof of service on ECF. Ordered by Magistrate Judge Steven I. Locke on 4/6/2023. (JM)
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| Filing 8 Letter MOTION to Quash /Request by and through Alicia Maria Christen ("Trustee not Individually") to move the Court to Quash the Summons and Proof of Service Returned Executed on 3/20/2023 and request leave to properly serve Defendants. Filed by AMC Revocable Living Trust,. (LC) |
| Filing 7 Letter MOTION for pre motion conference seeking leave to file a motion to dismiss Plaintiff's Complaint by U.S. Bank Trust National Association. (Brigandi, John) |
| Filing 6 LETTER dated 3/24/2023 from Pro Se Office to Alicia M. Christen re Acknowledgment of Civil Action. (LC) |
| Filing 5 SUMMONS Returned Executed by Alicia M. Christen. U.S. Bank Trust National Association served on 3/20/2023, answer due 4/10/2023. (GO) |
| 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. (DC) |
| Filing 3 Notice of Pendency of Action re: #1 Complaint (DC) |
| Filing 2 Summons Issued as to U.S. Bank Trust National Association. (DC) |
| Filing 1 COMPLAINT against U.S. Bank Trust National Association Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Alicia M. Christen. (Attachments: #1 Exhibit Annex A, #2 Exhibit Annex 1 A, #3 Exhibit Annex 1 B, #4 Exhibit Annex 2 A, #5 Exhibit Annex 2 B, #6 Exhibit Annex 3 A, #7 Exhibit Annex 3 B, #8 Exhibit Annex 4, #9 Civil Cover Sheet) (DC) |
| FILING FEE: $ 402.00, receipt number 200001305 (DC) |
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