Sage v. HSBC Bank USA National Association
Plaintiff: Gregory Sage
Defendant: HSBC Bank USA National Association
Case Number: 1:2018cv01494
Filed: December 27, 2018
Court: US District Court for the Northern District of New York
Presiding Judge: Daniel J Stewart
Referring Judge: Glenn T Suddaby
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 21, 2019 Filing 25 AFFIDAVIT of Service for Notice of Removal of Action Pursuant to 28 USC Section 1441 served on Gregory Sage on January 2, 2019, filed by HSBC Bank USA National Association. (Yohay, David)
February 8, 2019 Filing 24 MEMORANDUM OF LAW Reply Memorandum of Law in Further Support of Defendant's #5 Motion to Dismiss filed by HSBC Bank USA National Association. (Attachments: #1 Declaration Reply Declaration of David S. Yohay, #2 Exhibit(s) copy of the Order of July 26, 2018 (Cahill, J.S.C.), #3 Exhibit(s) copy of the information maintained by the New York State Unified Court Systems eCourts service for the motions filed in the state court foreclosure action, #4 Exhibit(s) copies of the following authorities cited in the accompanying Reply Memorandum of Law, #5 Affidavit Affidavit of Service)(Yohay, David)
February 4, 2019 Filing 23 RESPONSE in Opposition to the #5 MOTION to Dismiss for Failure to State a Claim filed by Gregory Sage. (see)
February 1, 2019 Filing 22 AFFIDAVIT of Service for Correspondence to Gregory Sage Enclosing Adu Beniako v. Maimonides Medical Center served on Gregory Sage on 2/1/2019, filed by HSBC Bank USA National Association. (Yohay, David)
February 1, 2019 Filing 21 REPLY to Response to Motion in further Support of the #9 Cross-MOTION to Remand filed by Gregory Sage. (see)
February 1, 2019 Filing 20 NOTICE of Appearance by David Seth Yohay on behalf of HSBC Bank USA National Association (Attachments: #1 Affidavit Affidavit of Service)(Yohay, David)
January 25, 2019 Filing 19 MEMORANDUM OF LAW in Opposition to #9 Motion to Remand Opposition to Plaintiff's Cross Motion filed by HSBC Bank USA National Association. (Attachments: #1 Declaration Declaration of Daniel Park in Opposition to Plaintiff's Cross-Motion, #2 Exhibit(s) A: The Notice of Removal, #3 Exhibit(s) B: UPS Proof of Delivery for the Notice of Removal, #4 Exhibit(s) C:The Notice of Removal that was filed in Ulster County on 1/2/2019, #5 Exhibit(s) D: Email sent from David S. Yohay to Plaintiff on January 4, 2019, #6 Exhibit(s) E: The following authorities cited in the accompanying Memorandum of Law that may be unpublished or published exclusively on electronic databases, #7 Affidavit Affidavit of Service)(Park, Daniel)
January 14, 2019 Opinion or Order Filing 18 TEXT ORDER denying #14 Plaintiff's Letter-Motion requesting that the Court direct that his cross-motion to remand proceed by Order to Show Cause. Plaintiff's request is denied for each of the following two reasons. First, immediately after filing his cross-motion, Plaintiff did not telephone the Chambers of the undersigned and inform Chambers staff that Plaintiff had filed an Order to Show Cause, as required by Local Rule 7.1(e) of the Local Rules of Practice for this Court, a copy of which was mailed to Plaintiff on 12/28/18, and which is also available on the Court's website. (Dkt. No. #4 ) This procedural violation was exacerbated by the fact that, although Plaintiff attached a proposed order to show cause at the end of his cross-motion to remand, he did not clearly label the proposed order as an "Order to Show Cause." (Dkt. No. #9 , at 19.) Second, although Plaintiff supported his request for an Order to Show Cause with an affidavit, the affidavit does not "clearly and specifically show good and sufficient cause why the standard Notice of Motion procedure cannot be used," as required by Local Rule 7.1(e); nor has Plaintiff even demonstrated in the affidavit "good cause and substantial prejudice that would result from the requirement of reasonable notice" of the request for an Order to Show Cause to the other parties, as required by Local Rule 7.1(e). (See generally Dkt. No. #9 , at 1-3.) The Court reminds Plaintiff that it has already advised him that his cross-motion to remand will be decided together with Defendants' motion to dismiss. (Dkt. No. 11 ) As a result, any potential ruling against him with regard Defendants' motion to dismiss cannot be used as a basis for expediting a decision with regard to his cross-motion to remand. Plaintiff's response remains due by 2/4/19; and Defendant's reply/response to cross-motion remains due by 2/11/19. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/14/19. (lmw) (Copy served upon Pro Se Plaintiff via regular mail)
January 11, 2019 Filing 17 RESPONSE TO LETTER BRIEF filed by HSBC Bank USA National Association as to #14 Letter Request/Motion filed by Gregory Sage Opposition to Plaintiff's Letter Motion. (Attachments: #1 Affidavit -Affidavit of Service)(Park, Daniel)
January 11, 2019 Opinion or Order Filing 16 TEXT ORDER: On January 10, 2019, Plaintiff filed a Letter Request seeking to adjourn the Rule 16 Initial Conference in this matter. Dkt. No. #10 . The Court has previously addressed this issue with a Text Order on January 8, 2019 adjourning the Rule 16 Initial Conference and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures pending a decision on the dispositive motion. Dkt. No. 8 . SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/11/2019. (Copy served upon plaintiff by regular mail). (mab)
January 11, 2019 Filing 15 Letter/NOTICE dated 1/9/2019 by Gregory Sage, advising the Court that HSBC filed a copy of the Notice of Removal with the County Clerk. (see)
January 11, 2019 Filing 14 Letter Motion from Gregory Sage, requesting that the #9 Cross-Motion be treated as an emergency motion. Submitted to Judge Glenn T. Suddaby. (see)
January 11, 2019 Filing 13 RESPONSE TO LETTER BRIEF filed by HSBC Bank USA National Association as to #10 Letter Request/Motion filed by Gregory Sage Response to Plaintiff's Letter Motion. (Attachments: #1 Affidavit -Affidavit of Service)(Park, Daniel)
January 10, 2019 Filing 12 AFFIDAVIT of Service for Correspondence to Gregory Sage Enclosing Unpublished and Electronically Published Authorities served on Gregory Sage on 1/10/2019, filed by HSBC Bank USA National Association. (Park, Daniel)
January 10, 2019 Opinion or Order Filing 11 TEXT ORDER denying Plaintiff's #9 motion for an extension to file a response to #5 Defendant's Motion to Dismiss until after a decision is issued on his Cross-Motion to Remand. All of the pending motions will be reviewed and decided together. Plaintiff's alternative request for an extension until 2/4/19 to file a response to Defendant's Motion to Dismiss is granted. Defendant's reply to its motion is due by 2/11/19. It is further ORDERED that Defendant is directed to serve hard copies of the electronically reported decisions it cites in its Motion to Dismiss on Plaintiff via regular mail by 1/11/19 and file a certificate of service of same. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/10/19. (lmw) (Copy served upon pro se plaintiff via regular mail)
January 10, 2019 Filing 10 Letter Motion from Gregory Sage, requesting if any of the issues listed in the letter request would make the January 28, 2019 conference moot, plaintiff asks for the conference to be canceled. Submitted to Judge Daniel J. Stewart. (see)
January 9, 2019 Filing 9 Cross-MOTION to Remand and Request for an Extension to File a Response to the Motion to Dismiss filed by Gregory Sage. Motion Hearing set for 2/7/2019 on submit before Chief Judge Glenn T. Suddaby. Response to Motion due by 1/28/2019. (see)
January 8, 2019 Opinion or Order Filing 8 TEXT ORDER: The Rule 16 Initial Conference scheduled for January 28, 2019 before the undersigned and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. In light of this adjournment, Defendant's Letter Request seeking an extension of time to meet and confer prior to the Rule 16 Initial Conference is denied as moot. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/8/2019. (Copy served upon pro se plaintiff by regular mail). (mab)
January 7, 2019 Filing 7 Letter Motion from Daniel Park for HSBC Bank USA National Association requesting a one-week extension of the deadline for the parties to meet and confer pursuant to Federal Rule of Civil Procedure 26(f) submitted to Judge Daniel J. Stewart . (Park, Daniel)
January 4, 2019 TEXT NOTICE on #5 Defendant's MOTION to Dismiss for Failure to State a Claim : Motion set for 2/7/2019 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Plaintiff's Response to Motion due by 1/22/2019. Defendant's Reply to Response to Motion due by 1/28/2019. (lmw) (Copy served upon pro se plaintiff via regular mail)
January 3, 2019 Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by HSBC Bank USA National Association identifying Corporate Parent HSBC Holdings PLC for HSBC Bank USA National Association.. (Park, Daniel)
January 3, 2019 Filing 5 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 2/7/2019 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 1/22/2019 Reply to Response to Motion due by 1/28/2019. filed by HSBC Bank USA National Association. (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Defendant's Motion to Dismiss, #2 Declaration Declaration of Daniel Park, #3 Exhibit(s) A - Note, #4 Exhibit(s) B - Mortgage, #5 Exhibit(s) C - Affidavit of Cindi Ellis, #6 Exhibit(s) D - Assignment of Mortgage, #7 Exhibit(s) E - Summons, Complaint and Notice of Pendency for Foreclosure Action, #8 Exhibit(s) F - Corrective Assignment of Mortgage, #9 Exhibit(s) G - Defendant's Motion for Judgment of Foreclosure and Sale, #10 Exhibit(s) H - Judgment of Foreclosure and Sale, #11 Exhibit(s) I - Plaintiff's Motion to Vacate Judgment of Foreclosure and Sale, #12 Exhibit(s) J - Decision and Order of April 5, 2018 (Cahill, J.S.C.), #13 Exhibit(s) K - State Court Summons and Complaint, #14 Affidavit Affidavit of Service) (Park, Daniel)
December 28, 2018 Filing 4 PRO SE HANDBOOK and NOTICE mailed to Gregory Sage on 12/28/2018 by regular mail with a note advising pltf to read, sign, and return the document entitled "Notice" for filing. (see)
December 27, 2018 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/28/2019 at 09:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/22/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
December 27, 2018 Filing 2 STATE COURT SUMMONS AND COMPLAINT relating to #1 Notice of Removal. (see)
December 27, 2018 Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, Ulster County, case number 18-3982 (Filing fee $400 receipt number ANYNDC-4602274) filed by HSBC Bank USA National Association. (Attachments: #1 Exhibit(s) A, #2 Civil Cover Sheet)(see)

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Plaintiff: Gregory Sage
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Defendant: HSBC Bank USA National Association
Represented By: Daniel Park
Represented By: David Seth Yohay
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