McKenzie et al v. Wilmington Savings Fund Society et al
| Kim McKenzie |
| Wilmington Savings Fund Society, Bank of New York Mellon Trust Company, Fairmount Funding, Ltd New York Corp and GMAC Mortgage, LLC |
| 2:2023cv06565 |
| August 29, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Other Statutory Actions |
| 15 U.S.C. § 1601 Truth in Lending |
| None |
Docket Report
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This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 CERTIFICATE OF SERVICE by Bank of New York Mellon Trust Company, Wilmington Savings Fund Society re Order on Motion for Pre Motion Conference,,,,, (DeFazio, Joseph) |
ORDER granting in part and denying in part #14 Motion for Pre Motion Conference. The Court hereby waives its pre-motion conference requirement and grants Defendants' request for leave to move to dismiss the Complaint. The following briefing schedule is now in effect: Defendants' motion to dismiss shall be served on Plaintiff by November 20, 2023. Plaintiff shall serve her opposition on Defendants by December 20, 2023. Defendants' reply shall be served on Plaintiff by January 10, 2024, and Defendants shall file the fully-briefed motion on ECF (including Plaintiff's opposition) that same day. Defendants' counsel is directed to provide a courtesy copy of the entire fully-briefed motion to this Court on or before January 16, 2024. In accord with Rule 1(E) of this Court's Individual Rules, counsel is reminded that all copies must be marked "courtesy copy" "original filed ECF" and that courtesy copies of exhibits and appendices must be clearly labeled and tabbed. Voluminous documents should be submitted in clearly tabbed binders and should not be "velobound." Defense counsel is directed to serve a copy of this Order on Plaintiff and provide proof of service on ECF by October 25, 2023. So Ordered by Magistrate Judge Anne Y. Shields on 10/23/2023. (DM)
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ORDER REFERRING MOTION: #14 Letter MOTION for pre motion conference and briefing schedule filed by Bank of New York Mellon Trust Company, Wilmington Savings Fund Society. All pretrial proceedings, including the above-mentioned motion, are hereby respectfully referred to the assigned Magistrate Judge. Additionally, any dispositive pretrial motions are referred to the assigned Magistrate Judge for a Report and Recommendation.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. The Clerk of the Court is respectfully directed to mail a copy of this Order to the pro se plaintiff. Ordered by Judge Gary R. Brown on 10/20/2023. Motion referred to Anne Y. Shields. (JP)
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| Filing 14 Letter MOTION for pre motion conference and briefing schedule by Bank of New York Mellon Trust Company, Wilmington Savings Fund Society. (DeFazio, Joseph) |
| Filing 13 Corporate Disclosure Statement by Wilmington Savings Fund Society identifying Corporate Parent WSFS Financial Corporation for Wilmington Savings Fund Society. (DeFazio, Joseph) |
| Filing 12 Corporate Disclosure Statement by Bank of New York Mellon Trust Company identifying Corporate Parent The Bank of New York Mellon Corporation for Bank of New York Mellon Trust Company. (DeFazio, Joseph) |
| Filing 11 NOTICE of Appearance by Joseph M. DeFazio on behalf of Bank of New York Mellon Trust Company, Wilmington Savings Fund Society (aty to be noticed) (DeFazio, Joseph) |
| Filing 10 SUMMONS Returned Executed by Kim McKenzie. Bank of New York Mellon Trust Company served on 10/3/2023, answer due 10/24/2023; Fairmount Funding, Ltd New York Corp served on 10/3/2023, answer due 10/24/2023; GMAC Mortgage, LLC served on 10/3/2023, answer due 10/24/2023; Wilmington Savings Fund Society served on 10/3/2023, answer due 10/24/2023. (JC) |
| Filing 9 Summons Issued as to Bank of New York Mellon Trust Company, Fairmount Funding, Ltd New York Corp, GMAC Mortgage, LLC, Wilmington Savings Fund Society. (JC) |
| Filing 8 AFFIRMATIONS of Service for Non Issued Summons served on Defendants on 10/2/2023, filed by Kim McKenzie. (JC) |
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Filing 7
ORDER: Accordingly (Please see attachment for further details), if service is not made upon the defendants by November 27, 2023, or Plaintiff fails to show good cause why such service has not been effected, the complaint will be dismissed without prejudice. Plaintiff is to provide a copy of this Order to the defendants along with the summonses and complaint and shall file proof of service with the Court within two weeks of service. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff at her address of record and to note such mailing on the docket. So Ordered by Judge Gary R. Brown on 9/29/2023. (AF)
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| Filing 6 FILING FEE: $ 402.00, receipt number 200002338 (JC) |
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Filing 5
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. Accordingly (PLEASE SEE ORDER FOR FURTHER DETAILS), Plaintiff's application to proceed in forma pauperis is denied without prejudice and with leave to renew upon filing the enclosed Long Form. Alternatively, Plaintiff may pay the $402.00 filing fee. Plaintiff is cautioned that, once paid, there are no refunds of the filing fee regardless of the outcome of the case. 1 Plaintiff shall either file the Long Form or remit the filing fee within two (2) weeks of the date of this Order or this action will be dismissed without prejudice. So Ordered by Judge Gary R. Brown on 9/25/2023. (Attachments: #1 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)) (GO)
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| Filing 4 Notice of Related Case: 23-cv-2614-GRB The Civil Cover Sheet filed in this civil action indicates a related case. (DC) |
| 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. (DC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Kim McKenzie. (DC) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Kim McKenzie. (Attachments: #1 Unissued Summons, #2 Civil Cover Sheet) (DC) |
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