Balash v. The Bank Of New York Mellon Trust Company, National Association et al
| Anna Theresa Balash |
| The Bank Of New York Mellon Trust Company, National Association, The Bank of New York Trust Company, N.A. as Successor to JP Morgan Chase N.A. as Trustee for RAAC, Mortgageit, Inc., McCabe, Weisberg & Conway LLC, Rosicki, Rosicki & Associates, P.C., Melissa Sposato, Esq., Max Nicholas Zacker, Esq., DGG Re Investments LLC doing business as Guardian Asset Management and DOES 1 -100 |
| 1:2022cv01120 |
| October 28, 2022 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| Daniel J Stewart |
| Glenn T Suddaby |
| Consumer Credit |
| 15 U.S.C. § 1640 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 CERTIFICATE OF SERVICE by DGG Re Investments LLC re #21 First MOTION for Extension of Time to File Response/Reply as to #2 Summons Issued, #1 Complaint, Letter Motion for Extension filed by DGG Re Investments LLC. (Murphy, Norah) |
| Filing 21 First MOTION for Extension of Time to File Response/Reply as to #2 Summons Issued, #1 Complaint, Letter Motion for Extension filed by DGG Re Investments LLC. Response to Motion due by 1/13/2023 Motions referred to Daniel J. Stewart. (Murphy, Norah) |
| Filing 20 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by DGG Re Investments LLC. (Murphy, Norah) |
| Filing 19 NOTICE of Appearance by Norah M. Murphy on behalf of DGG Re Investments LLC (Murphy, Norah) |
Filing 18
TEXT ORDER: granting #17 Letter requesting an extension of time. The time for defendant Rosicki, Rosicki & Associates, P.C. to answer or otherwise respond to the complaint is extended to 12/31/2022. SO ORDERED by Chief Judge Brenda K. Sannes on 12/20/2022. (Copy served upon pro se plaintiff via regular mail.) (nmk)
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| Filing 17 Letter Motion from Andrew Morganstern for Rosicki, Rosicki & Associates, P.C. requesting extension of time to respond to complaint submitted to Judge Brenda K. Sannes . (Attachments: #1 Declaration of service)(Morganstern, Andrew) |
| Filing 16 NOTICE of Due Date to respond to Defendants' Motion to Dismiss to pro se plaintiff. Plaintiff's Response to #14 MOTION to Dismiss for Failure to State a Claim is due by 12/30/22. (lmw ) (Copy served upon pro se plaintiff via regular mail) |
| Filing 15 AFFIDAVIT of Service of Motion Papers (ECF Doc. 14) by Mortgageit, Inc., The Bank Of New York Mellon Trust Company, National Association. (Hartley, Adam) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim filed by Mortgageit, Inc., The Bank Of New York Mellon Trust Company, National Association. Motion returnable before Judge Hon. Brenda K. Sannes, MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Mortgageit, Inc., The Bank Of New York Mellon Trust Company, National Association. Motion returnable before Judge Hon. Brenda K. Sannes Response to Motion due by 12/30/2022. Reply to Response to Motion due by 1/6/2023 (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit(s) Foreclosure Judgment, #4 Supplement Courtesy Copies of Case Law for Pro Se Plaintiff) (Hartley, Adam) |
| Filing 13 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Rosicki, Rosicki & Associates, P.C.. (Attachments: #1 Declaration of Service)(Morganstern, Andrew) |
| Filing 12 NOTICE of Appearance by Andrew C Morganstern on behalf of Rosicki, Rosicki & Associates, P.C. (Attachments: #1 Declaration of Service)(Morganstern, Andrew) |
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Filing 11
TEXT ORDER granting Defendants' #8 Letter Request seeking an extension of time to respond to Plaintiff's Complaint in this matter. Defendants, The Bank Of New York Mellon Trust Company, National Association and Mortgageit, Inc. shall file a response on or before December 9, 2022. SO ORDERED by Magistrate Judge Daniel J. Stewart on 11/22/2022. (mab)
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| Copy of Text Order (Doc. No. 11 ) mailed to pro se plaintiff. (mab) |
| Filing 10 AFFIDAVIT of Service for Notice of Appearance, Ruel 7.1 Statement, and Extension Request by Mortgageit, Inc., The Bank Of New York Mellon Trust Company, National Association. (Hartley, Adam) |
| Filing 9 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Mortgageit, Inc., The Bank Of New York Mellon Trust Company, National Association identifying Corporate Parent Deutsche Bank AG, Corporate Parent DB U.S. Financial Markets Holding Corporation, Corporate Parent DB USA Corporation, Corporate Parent MIT Holdings, Inc. for Mortgageit, Inc.; Corporate Parent The Bank of New York Mellon Corporation for The Bank Of New York Mellon Trust Company, National Association.. (Hartley, Adam) |
| Filing 8 Letter Motion from Adam P. Hartley for Mortgageit, Inc., The Bank Of New York Mellon Trust Company, National Association requesting an Extension of Time To Respond To Complaint submitted to Judge Chief Judge Brenda K. Sannes . (Hartley, Adam) |
| Filing 7 NOTICE of Appearance by Adam P. Hartley on behalf of Mortgageit, Inc., The Bank Of New York Mellon Trust Company, National Association (Hartley, Adam) |
| Filing 6 TEXT ORDER OF RECUSAL. The undersigned hereby RECUSES himself from this action. Having reviewed this matter more closely, it has come to my attention that I may have a conflict of interest, and therefore I recuse myself from this case. WHEREFORE, it is hereby ORDERED that the Clerk enter this Text Order of Recusal for the undersigned; and it is further ORDERED that the Clerk shall randomly reassign this case to another United States District Judge. (Chief Judge Glenn T. Suddaby recused. Case reassigned to Chief Judge Brenda K. Sannes for all further proceedings. Magistrate Judge Daniel J. Stewart remains the assigned magistrate judge in this action). SO ORDERED by U.S. District Judge Glenn T. Suddaby on 11/9/2022. (Served Anna Theresa Balash by regular mail). (sal) |
| Filing 5 AFFIDAVITS of Service served on The Bank Of New York Mellon Trust Company, National Association dated October 31, 2022,#1 Mortgageit, Inc. dated October 31, 2022, #2 Mortgageit, Inc. dated November 1, 2022, #3 McCabe, Weisberg & Conway LLC, dated October 31, 2022 #4 Rosicki, Rosicki & Associates, P.C., dated October 31, 2022, and #5 DGG Re Investments LLC dated October 31, 2022 filed by Anna Theresa Balash #6 Envelope (gmd) |
| Filing 4 PRO SE HANDBOOK, LOCAL RULES, and NOTICE issued and explained at time complaint was filed (gmd ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial R. 16 Conference set for 1/26/2023 09:00 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 1/19/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (gmd) |
| Filing 2 Summons Issued as to The Bank Of New York Mellon Trust Company, National Association, #1 Mortgageit, Inc., #2 McCabe, Weisberg & Conway LLC, #3 Rosicki, Rosicki & Associates, P.C., #4 Melissa Sposato, Esq., #5 Max Nicholas Zacker, Esq., and #6 DGG Re Investments LLC (gmd) |
| Filing 1 COMPLAINT WITH JURY DEMAND AND EXHIBITS against DGG Re Investments LLC, DOES 1 -100, McCabe, Weisberg & Conway LLC, Mortgageit, Inc., Rosicki, Rosicki & Associates, P.C., Melissa Sposato, The Bank Of New York Mellon Trust Company, National Association, Max Nicholas Zacker (Filing fee $402 receipt number ALB012572) filed by Anna Theresa Balash. (Attachments: #1 Civil Cover Sheet) (gmd) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (gmd) |
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