Deutsche Bank National Trust Company v. LeTennier et al
| Deutsche Bank National Trust Company |
| Jean LeTennier, Jean Michel LeTennier, Jean M. LeTennier, Gregory Schuenemann, State Bank of Long Island, John Doe and Ksenia Kravtsova |
| 3:2024cv00564 |
| April 24, 2024 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Brenda K Sannes |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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Filing 30
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Plaintiff's motion for remand (Dkt. No. #16 ) is GRANTED. It is further ORDERED that this action is REMANDED to the Supreme Court of the State of New York, County of Delaware for all further proceedings. It is further ORDERED that the Clerk is directed to mail a copy of this Memorandum-Decision and Order to the Clerk of the Supreme Court of the State of New York, Delaware County for filing in Deutsche Bank Nat'l Trust Co. v. LeTennier et al., Index No. 2018-290. It is further ORDERED that the Defendant's motion to for a preliminary injunction, (Dkt. No. #9 ), is DENIED as moot. Signed by Chief Judge Brenda K. Sannes on 6/18/2024. (Copy served upon pro se defendant via regular and certified mail, and upon Delaware County Supreme Court via certified mail) (nmk)
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| Filing 29 Corrected AFFIDAVIT of Service for Affirmation of Truth and Affidavit of Service (does not specify if it was the corrected version) served on Robert Bailey, Esq. on 6/6/2024 submitted via MFT on 6/6/2024 filed by Jean LeTennier. (see) |
| Filing 28 AFFIDAVIT of Service for Affirmation of Truth and Affidavit of Service (does not specify which Affirmation of Truth and Affidavit of Service) served on Robert Bailey, Esq. on 6/6/2024 submitted through MFT on 6/5/2024 filed by Jean LeTennier. (see) |
| Filing 27 Letter from Jean LeTennier filed via MFT on 6/5/2024 advising the Court document #22 is the wrong version of the Affirmation of Truth and that it has been corrected at document #25 . (see) |
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Filing 26
TEXT ORDER: The Court has reviewed the motion to remand #16 filed by Plaintiff Deutsche Bank National Trust Company (Deutsche Bank), Defendant's response in opposition #18 and Deutsche Bank's letter motion #19 seeking an adjournment of the due date for a response to the Defendant's pending motion for a preliminary injunction #9 . All deadlines for the pending motion for a preliminary injunction are adjourned pending the Court's resolution of the motion to remand #16 . SO ORDERED by Chief Judge Brenda K. Sannes on 6/5/2024. (Copy served upon pro se defendant via regular mail.) (nmk)
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| Filing 25 AFFIRMATION OF TRUTH submitted via MFT on 6/5/2024 by Jean LeTennier with an area for Attorney Robert Bailey to sign (unsigned). (see) |
| Filing 24 Letter by Jean LeTennier to Magistrate Judge Miroslav Lovric received via MFT on 6/4/2024. (see) |
| Filing 23 AFFIDAVIT of Service for #18 Answer and objection to pltf's motion to remand, #21 Notice of Intent to Lien, #22 Affidavit of Truth, and Affidavit of Service served on Robert Bailey on 6/4/2024 filed by Jean LeTennier via MFT on 6/4/2024. (see) |
| Filing 22 AFFIDAVIT OF TRUTH submitted via MFT by Jean LeTennier with a space for Attorney Robert D. Bailey to sign on last page (unsigned). (see) |
| Filing 21 NOTICE of Intent to Lien by Jean LeTennier received via MFT on 6/4/2024. (see) |
| Filing 20 JUDICIAL NOTICE by Jean LeTennier filed via MFT on 6/4/2024. (see) |
| Filing 19 Letter Motion from Robert D. Bailey for Deutsche Bank National Trust Company requesting adjournment of motion for preliminary injuction submitted to Judge Miroslav Lovric, U.S.M.J. . (Bailey, Robert) |
| Filing 18 RESPONSE in Opposition re #16 Motion to Remand to State Court filed via MFT on 5/31/2024 by Jean LeTennier. (Attachments: #1 Exhibit(s) A - C-1, #2 Exhibit(s) C-2 - I-2, #3 Exhibit(s) I-1 - K, #4 Exhibit(s) L - U, #5 Exhibit(s) S)(see) |
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Filing 17
ORDER granting #15 Motion to Substitute Attorney. Attorney Robert W. Griswold terminated. Signed by Magistrate Judge Miroslav Lovric on 5/24/2024.(gmd)
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| Filing 16 MOTION to Remand to State Court filed by Deutsche Bank National Trust Company. Motion returnable before Judge Brenda K. Sannes, U.S.D.J. Response to Motion due by 6/14/2024. Reply to Response to Motion due by 6/21/2024 (Attachments: #1 Memorandum of Law, #2 Declaration of Robert Bailey, Esq., #3 Exhibit(s) A - LeTennier 3rd Dept. Decision, #4 Exhibit(s) B - May 5, 2017 Order, #5 Exhibit(s) C - Affidavit of Service of Complaint, #6 Exhibit(s) D - April 4, 2022 Order, #7 Exhibit(s) E - October 28, 2022 Order, #8 Exhibit(s) F - March 28, 2023 Order, #9 Proposed Order/Judgment, #10 Affidavit of Service) (Bailey, Robert) |
| Filing 15 MOTION to Substitute Attorney filed by Deutsche Bank National Trust Company. Response to Motion due by 6/14/2024 Motions referred to Miroslav Lovric. (Bailey, Robert) |
| Filing 14 TEXT ORDER: Defendant LeTenniers Request for Subpoena #11 is DENIED without prejudice. There is no trial or hearing currently scheduled in this matter. Hence the request for subpoenas is premature. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 5/23/2024. (copy served on pro se Defendant via regular mail) (jdc ) |
| Filing 13 AFFIDAVIT of Service for Demand for Jury Trial and Affidavit of Service served on Robert W. Griswold, Esq. on 5/20/2024, filed by Jean LeTennier. (Attachments: #1 Envelope)(see) |
| Filing 12 DEMAND for Trial by Jury by Jean LeTennier. (see) |
| Filing 11 REQUEST FOR SUBPOENA for Jean LeTennier. (see) |
| Filing 10 AGE OF MAJORITY AFFIDAVIT by Jean LeTennier. (see) |
| Filing 9 MOTION for Preliminary Injunction filed by Jean LeTennier. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 5/31/2024. Reply to Response to Motion due by 6/7/2024. (see) |
| Filing 8 CERTIFICATE OF SERVICE by Deutsche Bank National Trust Company re #6 Notice of Appearance (Griswold, Robert) |
| Filing 7 AFFIDAVIT of Service for Notice of Removal, Memorandum in Support, and Affidavit of Service served on Robert D. Baily, Esq. on 5/1/2024, filed by Jean LeTennier. (see) |
| Filing 6 NOTICE OF APPEARANCE by Robert W. Griswold on behalf of Deutsche Bank National Trust Company (Griswold, Robert) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the #6 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. **Proof of service is required noting how it was served upon pro se deft Jean LeTennier and date it was served. Please electronically file proof of service using case number 3:24-CV-564. Notice of Filing Deficiency Deadline 5/13/2024 (see) |
| Filing 5 MEMORANDUM OF LAW in Support of #1 Notice of Removal filed by Defendant Jean LeTennier via mail. Envelope is attached. (sbb) |
| Filing 4 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in Delaware County Supreme Court. (Attachments: #1 Cover Letter)(hmr) |
| Filing 3 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Brent Surgeoner, Email address is Unknown. Phone number is Unknown. Admissions due by 5/8/2024. {Copy mailed to Attorney on 4/24/2024}(see) |
| Filing 2 PRO SE HANDBOOK and NOTICE issued and explained to Jean LeTennier at time complaint was filed. {Confirmed at the counter of the Syracuse Clerk's Office that deft has a copy of the Local Rules and Pro se Handbook and copy of Notice returned} (see) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, Delaware County, case number EF2018-290 (Filing fee $405 receipt number 500001686) filed by Jean LeTennier, pro se. (Attachments: #1 Exhibit(s) Notice of Motion - Notice of Removal, #2 Exhibit(s) V1 - Z, #3 Exhibit(s) Containing Correspondence, #4 Exhibit(s) State Court Answer with Counterclaims by Jean Michel LeTennier, #5 Exhibit(s) State Court Order Confirming Referee Report and Judgment of Foreclosure and Sale, #6 Exhibit(s) State Court Decision and Order Denying Deft's Motion Seeking an Order Granting Renewal and Vacating the Court's Previous Order Confirming Referee Report and Judgment of Foreclosure and Sale, etc., #7 Exhibit(s) State Court Notice of Motion to Vacate, #8 Exhibit(s) State Court Decision & Order Awarding Summary Judgment and Striking Answer and Affirmative Defenses and Counterclaims set forth therein are Dismissed, #9 Exhibit(s) State Court Decision & Order Denying Deft's Motion Seeking an Order Vacating the Orders of this Court dated 7/29/2019 and 5/31/2022, #10 Exhibit(s) Duplicate of Decision & Order located at attachment #9, #11 Exhibit(s) State Court Decision & Order Denying Order to Show Cause for TRO Staying Foreclosure Auction, #12 Exhibit(s) State Court Affidavit in Support of Emergency Order to Show Cause, #13 Exhibit(s) State Court Affidavit in Support of Motion to Vacate Judgment, #14 Exhibit(s) State Court Affirmation in Support of Deft LeTennier's Motion to Vacate, #15 Exhibit(s) State Court Proposed Emergency Order to Show Cause with TRO, #16 State Court Decision & Order Granting Pltf's Motion Seeking an Order Confirming Referee's Report and for Judgment of Foreclosure and Sale and Denying Deft's 3 Motions, #17 Exhibit(s) State Court Reply to Pltf's Opposition and Opposition to Cross-Mtion, #18 Exhibit(s) State Court Deft's Oppositon to Pltf's Cross-Motion, #19 Civil Cover Sheet)(see) |
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