UNITED STATES OF AMERICA v. Knapp et al
| UNITED STATES OF AMERICA |
| LeAnne Knapp, XYZ Corporation, LeAnne M. Knapp, Barclays Bank Delaware, JOHN DOE, Delaware County Department of Social Services, Portfolio Recovery Associates LLC, Delaware Opportunities, Inc., LeAnne M. Browning, MARY ROE and William Browning |
| 3:2019cv01338 |
| October 30, 2019 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Brenda K Sannes |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| None |
Docket Report
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| Filing 14 Summons Issued as to William Browning. (jdp ) |
Filing 13
TEXT ORDER: Pursuant to United States District Judge Brenda K. Sannes' Text Order 8 , Plaintiff filed a Status Report #10 and simultaneously filed a motion #9 to Amend/Correct Complaint. Pursuant to Rule 15 of the Federal Rules of Civil Procedure, Plaintiff requests amendment of the Complaint caption correcting the name of John Doe to William Browning, for issuance of a summons to William Browning, and deleting and dismissing the defendants Mary Roe" and "XYZ Corporation, as neither of these two defendants has been served under these fictitious names. See, Dkt. No. 9 & Dkt. No. 10. IT IS HEREBY ORDERED that Plaintiff's motion #9 is granted to the extent and as follows: 1) the clerk is directed to amend and correct the Complaint caption, as well as exhibit C of the Complaint, to change and correct the name of John Doe to William Browning, and to also issue a summons as to William Browning; 2) the clerk is directed to delete and dismiss in the Complaint caption, and in exhibit C of the Complaint, defendants Mary Roe" and "XYZ Corporation; 3) the clerk is directed to correct the docket to reflect these changes. Furthermore, the Clerk's entry of Default #7 is hereby rendered moot and void, and the clerk is directed to make an entry in the docket to that effect. An amended complaint becomes the operative complaint at the time that the motion to amend is granted. See Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) (It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect.) In addition, generally, once the original complaint is superseded, a clerks entry of default on that pleading is mooted. Gladstone v. Health Career Acad., 15-CV-0517, 2016 WL 81789, at *2 (D. Conn. Jan. 7, 2016) (quoting Allstate Ins. Co. v. Yadgarov, 11-CV-6187, 2014 WL 860019, at *8 (E.D.N.Y. Mar. 5, 2014) (collecting cases)). As a result, Plaintiff's motion #9 to amend/correct the Complaint, renders the Clerk's entry of default #7 moot and void. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/23/2019. (jdp, )
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| Filing 12 STATUS REPORT by UNITED STATES OF AMERICA. (LaBletta, Nicole) |
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Filing 11
TEXT NOTICE/ORDER: Pursuant to United States District Judge Brenda K. Sanness text order 8 , Plaintiff filed a status report #10 and simultaneously filed a motion to amend/correct the Complaint #9 . Plaintiff requests that Mary Doe and XYZ Corporation be dismissed from the caption and that John Doe be amended to William Browning. (Dkt. No. 9; Dkt. No. 10.) An amended complaint becomes the operative complaint at the time that the motion to amend is granted. See Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) (It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect.) In addition, generally, once the original complaint is superseded, a clerks entry of default on that pleading is mooted. Gladstone v. Health Career Acad., 15-CV-0517, 2016 WL 81789, at *2 (D. Conn. Jan. 7, 2016) (quoting Allstate Ins. Co. v. Yadgarov, 11-CV-6187, 2014 WL 860019, at *8 (E.D.N.Y. Mar. 5, 2014) (collecting cases)). As a result, to the extent that Plaintiffs motion to amend/correct #9 is granted, the Clerks entry of default #7 would be mooted. The Court directs Plaintiff to file on or before 1/7/20, a status report indicating whether it wishes to proceed with its motion to amend/correct the Complaint #9 . Authorized by Magistrate Judge Miroslav Lovric on 12/17/2019. (jdp )
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| Filing 10 STATUS REPORT by UNITED STATES OF AMERICA. (LaBletta, Nicole) |
| Filing 9 MOTION to Amend/Correct #1 Complaint, filed by UNITED STATES OF AMERICA. (Attachments: #1 certificate of service, #2 Proposed Order/Judgment, #3 Proposed Summons) Motions referred to Miroslav Lovric. (LaBletta, Nicole) |
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Filing 8
TEXT ORDER: Clerk's entry of default was entered against Defendants LeAnne Knapp, Barclays Bank Delaware, Delaware County Department of Social Services, Delaware Opportunities, Inc., and Portfolio Recovery Associates LLC in this action on December 11, 2019 (Dkt. No. #7 ). Should the Plaintiff wish to move for default judgment, the appropriate motion pursuant to Rule 55(b) and Local Rule 55.2 must be made within thirty (30) days from the date of this order. Plaintiff must attach a copy of the Clerk's entry of default to the moving papers to serve on Defendants via regular mail and file a certificate of service of same. In the alternative, Plaintiff is directed to file a status report within thirty (30) days from the date of this order. SO ORDERED by Judge Brenda K. Sannes on 12/12/2019. (rjb, )
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| Filing 7 CLERK'S ENTRY OF DEFAULT as to Barclays Bank Delaware, Delaware County Department of Social Services, Delaware Opportunities, Inc., LeAnne Knapp and Portfolio Recovery Associates LLC approving the #6 Request for Entry of Default. (pjh) |
| Filing 6 REQUEST FOR ENTRY OF DEFAULT as to All Defendants by UNITED STATES OF AMERICA. (Malone, Cynthia) |
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Filing 5
TEXT ORDER: According to the docket sheet defendants time to answer or otherwise respond to plaintiffs complaint has expired. Plaintiffs counsel is hereby directed to file either a request for clerks entry of default or a status report on or before 12/13/2019. Authorized by Magistrate Judge Miroslav Lovric on 12/6/2019. (jdp )
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| Filing 4 SUMMONS Returned Executed by UNITED STATES OF AMERICA. Barclays Bank Delaware served on 11/6/2019, answer due 11/27/2019; Delaware County Department of Social Services served on 11/5/2019, answer due 11/26/2019; Delaware Opportunities, Inc. served on 11/6/2019, answer due 11/27/2019; LeAnne Knapp served on 11/6/2019, answer due 11/27/2019; Portfolio Recovery Associates LLC served on 11/6/2019, answer due 11/27/2019. (LaBletta, Nicole) |
| Filing 3 NOTICE of Lis Pendens by UNITED STATES OF AMERICA (LaBletta, Nicole) |
| Filing 2 Summons Issued as to LeAnne Knapp. (Attachments: #1 Summons Issued as to Barclays Bank Delaware, #2 Summons Issued as to Delaware Opportunities, Inc., #3 Summons Issued as to Delaware County Department of Social Services, #4 Summons Issued as to Portfolio Recovery Associates LCC)(pjh) |
| Filing 1 COMPLAINT against Barclays Bank Delaware, JOHN DOE, Delaware County Department of Social Services, Delaware Opportunities, Inc., LeAnne Knapp, Portfolio Recovery Associates LLC and MARY ROE filed by UNITED STATES OF AMERICA. (Attachments: #1 Civil Cover Sheet)(pjh) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe, Mary Roe and XYZ Corporation in the Complaint, the Clerk's Office will not issue a summons for service of process on a "John Doe" defendant 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, plaintiff may seek to amend the pleading to add the properly named defendant pursuant to FED. R. CIV. P. 15 and summons will be issued at that time. (pjh) Modified on 10/30/2019 to clarify text (pjh). |
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