Haziz-Ramadhan v. Specialized Loan Servicing, LLC. et al
| Saidah Naeemah: Haziz-Ramadhan |
| Shapiro DiCaro & Barak, LLC, Specialized Loan Servicing, LLC. doing business as Specialized Loan Servicing Inc., U.S. Bank National Association, Kelly Nicholson, Esq., Wells Fargo Bank, N.A., Lia Dias Abeygunawardena, Taehoony Chin, Akmal Meersyed, "Unkown DOES" Nos. 1-10 and Logs Legal Group |
| 2:2023cv08900 |
| December 4, 2023 |
| US District Court for the Eastern District of New York |
| Orelia E Merchant |
| James M Wicks |
| Civil Rights: Other |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| Plaintiff |
Docket Report
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| Filing 27 RULE 56.1 STATEMENT regarding #25 MOTION for Summary Judgment on the Pleadings, filed filed by Saidah Naeemah: Haziz-Ramadhan. (JVC) |
| Filing 26 MEMORANDUM in Support regarding #25 MOTION for Summary Judgment on the Pleadings, filed filed by Saidah Naeemah: Haziz-Ramadhan. (Attachments: #1 Affidavit in Support, #2 Proposed Order) (JVC) |
| Filing 25 MOTION for Summary Judgment on the Pleadings, filed by Saidah Naeemah: Haziz-Ramadhan. (Attachments: #1 Notice of Motion, #2 Certificate of Service) (JVC) |
| Filing 24 Judicial Notice to Judge Orelia E. Merchant Pursuant to CPLR 4511 filed by pro se Plaintiff Saidah Naeemah: Haziz-Ramadhan. (JVC) |
ORDER: Affording pro se Plaintiff's notice #23 liberal construction, the Court liberally construes the Plaintiff's notice as a motion for reconsideration. "The standard for granting such a motion is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995); see also United States v. Wilson, 920 F. Supp. 2d 287, 292 (E.D.N.Y. 2012) (same). Because Plaintiff has not demonstrated that any controlling decisions or factual information have been overlooked by the Court, and because the Court has not found as much in its own independent review, Plaintiff's motion for reconsideration is denied. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. Ordered by Judge Orelia E. Merchant on 1/18/2024. (MM)
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| Filing 23 "Objection to Judge Orelia E. Merchant's January 9, 2024 Order to deny Plaintiff's demand for findings of fact and conclusions of law and Objection to the denial of the Objection to Judge Orelia E. Merchant's denial of Plaintiff's Motion to consolidate cases", filed by pro se Plaintiff Saidah Naeemah: Haziz-Ramadhan. (JVC) |
| Filing 22 NOTICE of Appearance by Ofunne Edoziem on behalf of Wells Fargo Bank, N.A. (aty to be noticed) (Attachments: #1 Certificate of Service) (Edoziem, Ofunne) |
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ORDER: To the extent that Plaintiff's motion #21 requests that the Court "affirm for and on the record, under penalty of perjury," a series of statements regarding Plaintiff's rights, Plaintiff's request is denied. Affording pro se Plaintiff's motion liberal construction, the Court liberally construes the remainder of Plaintiff's motion as a motion for reconsideration. "The standard for granting such a motion is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995); see also United States v. Wilson, 920 F. Supp. 2d 287, 292 (E.D.N.Y. 2012) (same). Because Plaintiff has not demonstrated that any controlling decisions or factual information have been overlooked by the Court, and because the Court has not found as much in its own independent review, Plaintiff's motion for reconsideration is denied. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. Ordered by Judge Orelia E. Merchant on 1/16/2024. (MM)
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| Filing 21 NOTICE: In Support of Objections: Motion to claim and exercise constitutionally secured rights by requiring the presiding Judge to rule upon this motion filed by pro se plaintiff Saidah Naeemah: Haziz-Ramadhan. (JVC) |
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ORDER: Plaintiff's motion for hearing #17 is denied. "Trial courts may exercise discretion to deny an evidentiary hearing unless the factual issues cannot be fairly decided without receiving new evidence in a formal proceeding." Winslow v. Portuondo, 599 F. Supp. 2d 337, 343 (E.D.N.Y. 2009). This Court concludes that a hearing is unnecessary, particularly in light of Defendants' pending motion to dismiss #13 . To the extent that Plaintiff's Letter In Opposition to Order Dated 12/19/2023 #19 seeks reconsideration of the Court's December 19, 2023 Order, Plaintiff's request for reconsideration is denied. Ordered by Judge Orelia E. Merchant on 1/9/2024. (MM)
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| Filing 20 Notice to Judge James M. Wicks of Previous Filing of the 26(f) Scheduling Report filed by pro se Plaintiff Saidah Naeemah: Haziz-Ramadhan. (JVC) |
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Filing 19
REPLY in Opposition to Order dated 12/19/2023 issued by Judge Orelia E. Merchant, filed by Saidah Naeemah: Haziz-Ramadhan. (ENE)
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| Filing 18 REPLY in Opposition to #13 Motion for Pre-motion Conference filed by Saidah Naeemah: Haziz-Ramadhan. (ENE) |
| Filing 17 MOTION for Hearing on findings of facts, filed by Saidah Naeemah: Haziz-Ramadhan. (ENE) |
| Filing 16 Letter from Pro Se Dept to pro se plaintiff Saidah Naeemah: Haziz-Ramadhan acknowledging receipt of civil action. (LF) |
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ORDER: Defendants' motion for pre motion conference #13 is denied. The Court construes Defendants' letter as a motion to dismiss and sets the following briefing schedule for ensuing submissions: Plaintiff shall serve a letter of no more than five pages in opposition to Defendants' motion to dismiss on or before January 25, 2024; Defendants may serve a reply letter of no more than five pages and shall file both letters on or before February 10, 2024. Ordered by Judge Orelia E. Merchant on 12/26/2023. (MM)
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Filing 15
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via the Court's AT&T Teleconference line will be held February 13, 2024 at 10:30 AM before Magistrate Judge James M. Wicks. The parties are directed to dial 1-866-434-5269 and enter Access Code 9025281# at the prompt. All parties must attend. The parties are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than February 6, 2024. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 12/22/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules, #3 Hofstra Legal Pro Se Assistance Program) (DF)
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| Filing 14 NOTICE of Appearance by John A. Dicaro on behalf of Shapiro DiCaro & Barak, LLC (notification declined or already on case) (Attachments: #1 Certificate of Service) (Dicaro, John) |
| Filing 13 MOTION for pre motion conference by Shapiro DiCaro & Barak, LLC. (Attachments: #1 Certificate of Service) (Dicaro, John) |
| Filing 12 Scheduling Report of Rule 26(f) Planning Meeting filed by pro se Plaintiff Saidah Naeemah: Haziz-Ramadhan. (JVC) |
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ORDER: Plaintiff's motion to consolidate cases #10 is denied. Plaintiff seeks to consolidate two state court proceedings with this action, but this Court cannot consolidate a federal action with state proceedings. See Gentile v. Annucci, 21-CV-3405 (VB) (S.D.N.Y. Sep. 28, 2021) ("The Court may not consolidate this action with a state action not before it."). To the extent Plaintiff's motion to consolidate cases #10 or letter objection #11 seek reconsideration of the Court's December 14, 2023 Order or seek a new temporary restraining order or preliminary injunction, those requests are denied because Plaintiff has neither demonstrated a likelihood of success on the merits nor made a showing of immediate or irreparable harm. Ordered by Judge Orelia E. Merchant on 12/19/2023. (MM)
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| Filing 11 Plaintiff's Objection to Order dated December 14, 2023 denying Order to Show Cause for Preliminary Injunction and Temporary Restraining Order filed by pro se Plaintiff Saidah Naeemah Haziz-Ramadhan. (JVC) |
| Filing 10 Letter MOTION to Consolidate Cases filed by Saidah Naeemah: Haziz-Ramadhan. (JVC) |
| Filing 9 Notice of Related Cases: 22-cv-6435-GRB-JMW and 23-cv-2671-OEM-JMW The Civil Cover Sheet filed in this civil action indicates a related case. (DC) |
| Filing 8 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (DC) |
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ORDER: Because plaintiff has neither demonstrated a likelihood of success on the merits, nor made a showing of immediate or irreparable harm, her motion #3 for an order to show cause and request for a preliminary injunction and temporary restraining order are denied. Ordered by Judge Orelia E. Merchant on 12/14/2023. (MM)
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| Case Entry Information. During case opening, one of the defendants was not entered. The error has been corrected and the complaint and the pro se plaintiff's affidavit were deleted and re-entered as to all defendants. (DC) |
| Filing 7 NOTICE Regarding Completion of Process Service filed by Saidah Naeemah: Haziz-Ramadhan. (VRM) |
| Filing 6 Summons Returned Unexecuted by Saidah Naeemah: Haziz-Ramadhan as to Kelly Nicholson, Esq.. (VRM) |
| Filing 5 SUMMONS Returned Executed by Saidah Naeemah: Haziz-Ramadhan. Lia Dias Abeygunawardena served on 12/7/2023, answer due 12/28/2023; Taehoony Chin served on 12/7/2023, answer due 12/28/2023; Akmal Meersyed served on 12/7/2023, answer due 12/28/2023; Shapiro DiCaro & Barak, LLC served on 12/7/2023, answer due 12/28/2023; Specialized Loan Servicing, LLC. served on 12/7/2023, answer due 12/28/2023; U.S. Bank National Association served on 12/7/2023, answer due 12/28/2023; Wells Fargo Bank, N.A. served on 12/7/2023, answer due 12/28/2023. (VRM) |
| Filing 4 Summons Issued as to Lia Dias Abeygunawardena, Taehoony Chin, Akmal Meersyed, Kelly Nicholson, Esq., Shapiro DiCaro & Barak, LLC, Specialized Loan Servicing, LLC., U.S. Bank National Association, Wells Fargo Bank, N.A.. (VRM) |
| Filing 3 Unsigned Order to Show Cause for Preliminary Injunction and Temporary Restraining Order by Saidah Naeemah: Haziz-Ramadhan (Attachments: #1 Affidavit in Support, #2 Certificate of Service) (VRM) |
| Filing 2 AFFIDAVIT in Support re: #1 Complaint, by Saidah Naeemah: Haziz-Ramadhan (DC) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Saidah Naeemah: Haziz-Ramadhan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet) (DC) |
| FILING FEE: $ 405.00, receipt number 200002658 (DC) |
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