Benson et al v. West Coast Servicing, Inc. et al
| Larry Benson and Deborah Benson |
| West Coast Servicing, Inc. and FCI Lender Services, Inc. |
| 1:2022cv00904 |
| August 30, 2022 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
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Filing 12
TEXT ORDER granting Plaintiffs' #11 letter requesting an extension of time to file a response to Defendants' #7 motion to dismiss and to consult with an attorney by November 25, 2022. Any reply is due to be filed by December 2, 2022. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 10/12/2022. (Copy served upon plaintiffs via regular mail) (sal)
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CLERK'S CORRECTION OF DOCKET ENTRY re #11 Letter Request/Motion, on 10/12/2022 clerk added additional document - DUPLICATE copy of original filing (egr, )
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Filing 11
Letter Motion for Deborah Benson, Larry Benson requesting Extension of Time to Reply to Motion to Dismiss and to Consult with an Attorney submitted to Judge Glenn T. Suddaby. (egr, ) (Additional attachment(s) added on 10/12/2022: #1 DUPLICATE Letter Request) (egr, ).
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Filing 10
TEXT NOTICE: The Rule 16 Initial Conference scheduled for 10/17/2022 at 10:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab)(Notice mailed to Plaintiffs on 9/23/2022 via regular mail)
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CLERK'S CORRECTION OF DOCKET ENTRY re #7 Motion to Dismiss, filed by FCI Lender Services, Inc., West Coast Servicing, Inc. Redacted documents have been added to Docket Entry #7 pursuant to the Text Notice of Deficiency. (egr, )
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Filing 9
NOTICE OF DUE DATE TO RESPOND TO MOTION TO DISMISS for Pro Se Plaintiff's re #7 MOTION to Dismiss filed by FCI Lender Services, Inc., West Coast Servicing, Inc. (egr, )
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Filing 8
AFFIDAVIT of Service for Notice of Motion to Dismiss with Memorandum of Law in Support, Judicial Notice Request and Exhibits served on Larry Benson and Deborah Benson on 9/20/2022, filed by FCI Lender Services, Inc., West Coast Servicing, Inc.. (Light, Danielle)
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CLERK'S CORRECTION OF DOCKET ENTRY re #7 Motion to Dismiss, filed by FCI Lender Services, Inc., West Coast Servicing, Inc. Document 7-3 was replaced at request of Attorney, original document was duplicate of Document 7-7. (egr, )
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TEXT NOTICE OF FILING DEFICIENCY as to FCI Lender Services, Inc., West Coast Servicing, Inc. regarding the #7 MOTION to Dismiss filed by FCI Lender Services, Inc., West Coast Servicing, Inc.. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Documents 7-3 and 7-7 contain Account numbers on pages 9, 11, 12, 16, 18, 21, 33, 35, 36, 40, 42, 45 and are duplicate copies of the redacted version of complaint found in Docket Entry #1 . Counsel is instructed to file REDACTED VERSION of these entries using the CORRECTED DOCUMENTS method described above and reference case number 1:22-cv-904. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Notice of Filing Deficiency Deadline 9/26/2022 (egr, )
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Filing 7
MOTION to Dismiss filed by FCI Lender Services, Inc., West Coast Servicing, Inc.. Response to Motion due by 10/11/2022. Reply to Response to Motion due by 10/18/2022 (Attachments: #1 Memorandum of Law Memorandun of Law in Support of Defendants' Motion to Dismiss, #2 Judicial Notice Request, #3 Exhibit(s) A- Complaint, #4 Exhibit(s) B- Certificate of Merit, #5 Exhibit(s) C- AOS, #6 Exhibit(s) D- Voluntary Notice of Discontinuance, #7 Exhibit(s) E- Complaint (OCR)) (Light, Danielle) (Attachment 3 replaced on 9/21/2022) (egr, ). (Additional attachment(s) added on 9/22/2022: #8 Exhibit(s) B- Certificate of Merit REDACTED, #9 Exhibit(s) E- Complaint (OCR)) (egr, ).
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Filing 6
TEXT ORDER granting #5 First MOTION for Extension of Time to File Answer re #2 State Court Complaint filed by FCI Lender Services, Inc., West Coast Servicing, Inc.: FCI Lender Services, Inc. answer due 9/20/2022; West Coast Servicing, Inc. answer due 9/20/2022. Authorized by Magistrate Judge Christian F. Hummel on 9/7/2022. (Copy served via regular mail on 9/7/2022)(tab)
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Filing 5
First MOTION for Extension of Time to File Answer re #2 State Court Complaint filed by FCI Lender Services, Inc., West Coast Servicing, Inc.. Response to Motion due by 9/27/2022 Motions referred to Christian F. Hummel. (Light, Danielle)
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***Answer due date updated for FCI Lender Services, Inc. answer due 9/6/2022; West Coast Servicing, Inc. answer due 9/6/2022. (egr)
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Filing 4
PRO SE HANDBOOK, LOCAL RULES and NOTICE mailed to pro se Plaintiffs at time complaint was filed. (egr)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/17/2022 10:00 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 10/11/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (Copy mailed to pro se Plaintiffs via USPS on 8/31/2022)(egr)
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Filing 2
STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in Supreme Court, State of New York: Saratoga County. (egr)
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Filing 1
NOTICE OF REMOVAL from State of New York, Supreme Court of Saratoga County, case number 20221684 (Filing fee $402 receipt number ANYNDC-6017239) filed by West Coast Servicing, Inc., FCI Lender Services, Inc. (Attachments: #1 State Court Summons and Complaint, #2 Civil Cover Sheet)(egr)
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