Pierce v. Ocwen Loan Servicing LLC et al
| Harriett Elveta Pierce |
| Real Home Services, Altisourse Solutions Inc., Trusco Bank, John Doe 1 through 100, SolutionsInc. Deutsche Bank AG, Ocwen Loan Servicing LLC, Real Home Services and Solutions, Inc., Trustco Bank, Deutsche Bank AG, Ocwen Financial and Ocwen Financial (Ocwen) Corporation |
| 1:2018cv01466 |
| December 19, 2018 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on June 3, 2019. A more recent docket listing may be available from PACER.
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| Filing 27 MOTION to Amend/Correct #1 Complaint filed by Harriett Elveta Pierce. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit E1, #7 Amended Complaint, #8 Envelope) Motions referred to Christian F. Hummel. (jdp, ) |
| Filing 26 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction filed by Trustco Bank. (Attachments: #1 Memorandum of Law Trustco Bank's Memorandum of Law in Opposition to Plaintiff's Motion for Temporary Restraining Order, #2 Affidavit Affidavit of Service)(Pastore, Peter) |
| Filing 25 CERTIFICATE OF SERVICE by Altisourse Solutions Inc., Deutsche Bank AG, Ocwen Loan Servicing LLC, Real Home Services and Solutions, Inc. re #22 Memorandum of Law, (Broderick, Patrick) |
| Filing 24 CERTIFICATE OF SERVICE by Altisourse Solutions Inc., Deutsche Bank AG, Ocwen Loan Servicing LLC, Real Home Services and Solutions, Inc. re #21 Notice of Appearance - Limited (Broderick, Patrick) |
| Filing 23 RESPONSE in Support re #17 MOTION to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) Affirmation of Charles Higgs in Support filed by Altisourse Solutions Inc., Deutsche Bank AG, Ocwen Loan Servicing LLC, Real Home Services and Solutions, Inc.. (Attachments: #1 Exhibit(s) A - Judgment of Foreclousre & Sale entered in Foreclosure Action, #2 Exhibit(s) B - Order Denying Pierce's Motion to Vacate Certaiin Court Orders, #3 Exhibit(s) C - Order Authorizing Joint Administration of Bankruptcy Cases, #4 Certificate of Service)(Broderick, Patrick) |
| Filing 22 MEMORANDUM OF LAW re #4 Motion for Preliminary Injunction In Opposition to Plaintiff's Motion For Temporary Restraining Order filed by Altisourse Solutions Inc., Deutsche Bank AG, Ocwen Loan Servicing LLC, Real Home Services and Solutions, Inc.. (Broderick, Patrick) |
| Filing 21 NOTICE of Appearance by Patrick G. Broderick on behalf of Altisourse Solutions Inc., Deutsche Bank AG, Ocwen Loan Servicing LLC, Real Home Services and Solutions, Inc. (Broderick, Patrick) |
| Filing 20 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 4/23/2019 at 09:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/16/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp, ) |
| Filing 19 Summons Issued as to Altisourse Solutions Inc., Deutsche Bank AG, Ocwen Loan Servicing LLC, Real Home Services and Solutions, Inc., Trustco Bank. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(jdp, ) |
Filing 18
TEXT ORDER: As plaintiff pro se has now paid the filing fee, docket entry dated Jan. 9, 2019, the Clerk of the Court is directed to issue summonses and the General Order 25 to Plaintiff for service on defendants. Authorized by Magistrate Judge Christian F. Hummel on 1/24/2019. (Copy served via regular mail)(tab)
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| CLERK'S CORRECTION OF DOCKET ENTRY re 18 Text Order. The Clerk amended the text Order to correct a typographical error. (tab) |
| Filing 17 MOTION to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) Motion Hearing set for 3/7/2019 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 2/19/2019 Reply to Response to Motion due by 2/25/2019. filed by Trustco Bank. (Attachments: #1 Memorandum of Law, #2 Declaration Declaration of Peter A. Pastore, Esq. in Support of Trustco Bank's Motion to Dismiss, #3 Affidavit Affidavit of Service upon Pro Se Plaintiff) (Pastore, Peter) |
| Filing 16 AFFIDAVIT of Service for Text Order 15 served on Ocwen Loan Servicing, LLC; Deutsche Bank AG; Altisource Solutions, Inc.; Real Home Services and Solutions, Inc. and Trustco Bank on 1/18/2019, filed by Harriett Elveta Pierce. (jdp, ) |
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Filing 15
TEXT ORDER: Plaintiff's request for "correction of case caption," (Dkt. No. #8 ) is DENIED as the case caption is the caption as stated in the Amended Complaint, (Dkt. No. #11 ). The deadlines with respect to Plaintiff's Motion for a Temporary Restraining Order, Preliminary Injunction, and Declaratory Relief (Dkt. No. #4 ) are reset as follows: Defendants are directed to file a response to the Motion by 2/4/2019 and Plaintiff's reply is due by 2/11/2019. Response and reply submissions shall address whether this Court has subject matter jurisdiction under 28 U.S.C. 1331 or 1332. Plaintiff is directed to serve a copy of this Text Order on Defendants no later than 1/19/2019 and file a certificate of service with the Court no later than 1/22/2019. SO ORDERED by Judge Brenda K. Sannes on 1/14/2019. (Copy served on plaintiff via regular and certified mail)(rjb, ) Modified on 2/8/2019 (rjb, ).
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| Filing 14 AFFIDAVIT of Service for Notice of Appearance via 1st Class Mail served on Plaintiff Pro Per on 01/14/2019, filed by Trustco Bank. (Pastore, Peter) |
| Filing 13 NOTICE of Appearance by Peter A. Pastore on behalf of Trustco Bank (Pastore, Peter) |
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Filing 12
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Signed by Judge Brenda K. Sannes on 1/10/2019. (Copy served via regular mail)(khr)
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| Filing fee received from Harriett Pierce $ 400.00, receipt number ALB011219. (khr) |
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Filing 9
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Plaintiff's #2 IFP application is DENIED; if plaintiff desires to pursue this action, within(30) days of the filing date of this Order, plaintiff must pay the Court's full $400.00 filing fee for civil actions. Upon plaintiff's compliance with the payment of the filing fee, the Clerk shall reopen this action. All deadlines set in connection with the Motion for a Temporary Restraining Order, Preliminary Injunction, and Declaratory Relief (see Dkt. Nos. #4 , 5 ) are stayed and will be reset if this case is reopened. Plaintiff is directed to serve a copy of this Order and the 1/2/2019 Text Order entered by Magistrate Judge Hummel (Dkt. No. 6) on Defendants by 1/9/2019. Signed by Judge Brenda K. Sannes on 1/3/2019. (Copy served via regular and certified mail)(rjb, )
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| Filing 11 AMENDED COMPLAINT against Altisourse Solutions Inc., Deutsche Bank AG, John Doe 1 through 100, Ocwen Loan Servicing LLC, Real Home Services and Solutions, Inc., Trustco Bank filed by Harriett Elveta Pierce. (Attachments: #1 Notice of Amended Complaint, #2 Envelope)(jdp, ) |
| Filing 10 NOTICE of Lis Pendens by Harriett Elveta Pierce (Attachments: #1 Envelope)(jdp, ) |
| Filing 8 Letter Motion filed by Harriett Elveta Pierce requesting for correction of case caption submitted to Judge Brenda K. Sannes. (jdp, ) |
| Filing 7 CERTIFICATE OF SERVICE filed by Harriett Elveta Pierce re 5 Text Order. (jdp, ) |
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Filing 6
TEXT ORDER: For purposes of a clear docket, plaintiff is advised that, despite the requirement that plaintiff serve the Court's December 20, 2018 text order (docket number 5) on defendants, defendants have no duty to serve an answer to the complaint unless and/or until the Court: (1) reviews the pending In Forma Pauperis application (dkt. no. 2) and, (2) if the In Forma Pauperis application is granted, performs a review of the complaint pursuant to 42 U.S.C. 1915(e)(2) and determines that the Complaint may proceed. Authorized by Magistrate Judge Christian F. Hummel on 1/2/19. (Copy served on plaintiff via regular mail)
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Filing 5
TEXT ORDER: The Court has reviewed Plaintiff's Complaint (Dkt. No. #1 ) and Motion for a Temporary Restraining Order, Preliminary Injunction, and Declaratory Relief (Dkt. No. #4 ). As Plaintiff indicates that she has served the Motion on Defendants in compliance with Local Rule 7.1(f), (see Dkt. No. 1, at 15-17), Defendants are directed to file a response to the Motion by 1/16/2019. Plaintiff's reply is due by 1/23/2019. Response and reply submissions shall address whether this Court has subject matter jurisdiction under 28 U.S.C. 1331 or 1332. Plaintiff is directed to serve a copy of this Text Order on Defendants no later than 12/27/2018 and file a certificate of service with the Court no later than 1/3/2019. SO ORDERED by Judge Brenda K. Sannes on 12/20/2018. (Copy served on plaintiff via regular and certified mail)(rjb, )
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| TEXT NOTICE: Although the plaintiff herein has named John Does 1 through 100 in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John Doe" defendant at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain their identities. When plaintiff determines the identity of the "John Doe" defendants, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED. R. CIV. P. 15 and summons will be issued at that time. (jdp, ) |
| Filing 4 MOTION for Preliminary Injunction filed by Harriett Elveta Pierce. (jdp, ) |
| Filing 3 PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed. (jdp, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Harriett Elveta Pierce. (Attachments: #1 Proposed Summons Deutsche Bank AG, #2 Proposed Summons Ocwen Loan Servicing LLC, #3 Proposed Summons Altisourse Solutions Inc, #4 Proposed Summons Real Home Services and Solutions, Inc, #5 Proposed Summons Trusco Bank) Motions referred to Christian F. Hummel. (jdp, ) |
| Filing 1 COMPLAINT against Altisourse Solutions Inc., John Doe 1 through 100, Ocwen Loan Servicing LLC, Real Home Services and Solutions Inc., and Deutsche Bank AG, Trustco Bank filed by Harriett Elveta Pierce. (Attachments: #1 Civil Cover Sheet)(jdp, ) |
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