Hunt v. Shaprio, DiCaro & Barak, LLC et al
| Jennifer L. Hunt |
| Bank of America, N.A., Shaprio, DiCaro & Barak, LLC and Ellis M. Oster |
| 5:2020cv00330 |
| March 24, 2020 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Mae A D'Agostino |
| Miroslav Lovric |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2020. A more recent docket listing may be available from PACER.
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Filing 14
TEXT ORDER: Plaintiff's motion to strike #13 is DENIED because Ellis M. Oster is an licensed attorney. See, e.g., Berrios v. N.Y.C. Hous. Auth., 564 F.3d 130, 133 (2d Cir. 2009) ("Thus, we have held that a layperson may not represent a corporation of which he is the sole shareholder; a limited liability company of which he is the sole member; [or] a partnership in which he is a partner...."); Lattanzio v. COMTA, 481 F.3d 137, 139 (2d Cir. 2007) (28 U.S.C. 1654 "does not permit 'unlicensed laymen to represent anyone else other than themselves.'... This rational 'applies equally to all artificial entities.' Accordingly, a layperson may not represent a separate legal entity such as a corporation."); Grace v. Bank Leumi Trust Co., 443 F.3d 180, 192 (2d Cir. 2006) (quoting SEC v. Research Automation Corp., 521 F.2d 585, 589 (2d Cir. 1975) ("'[I]t is settled law that a corporation may not appear in a lawsuit against it except through an attorney....'"); Pecarsky v. Galaxiworld.com Ltd., 249 F.3d 167, 172 (2d Cir. 2001) ("As a corporation, appellant, Galaxiworld, could only appear with counsel."). SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 5/18/2020.(Copy served on Pro Se Plaintiff via regular mail)(jdp )
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TEXT NOTICE: Defendant's motions to dismiss shall be filed by 6/1/2020. The Motions shall be made returnable for July 7, 2020 (ON SUBMIT) before Judge D'Agostino; No personal appearances are necessary. The motions will be decided on the submission of the papers only; Responses will be due 6/22/20; Reply papers will be due on or before 6/26/20. (ban) Modified on 5/18/2020 (copy mailed to pro se plaintiff)(ban).
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TEXT Minute Entry for Telephone Pre-Motion Conference held on 5/15/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Jennifer Hunt,pro se plaintiff (with husband David Hunt); Ellis Oster, Esq. for Shapiro/Oster defendants; and Heather Saydah, Esq. for Bank of America; Judge D'Agostino addresses the plaintiff regarding retaining representation in this case - the plaintiff informs the Court that she considered it, but decided against it; Judge D'Agostino addresses regarding the filing of motions to dismiss - Judge D'Agostino will permit defense counsel to file their motions, but would like counsel to coordindate their filing schedules, so that they are filed on the same date, with the same return date and response/reply deadlines; Judge D'Agostino addresses the Plaintiff and informs her that she will need to respond to the legal arugments made in the defendant's motions to dismiss - deadlines for response/replies will be set upon the filing of the motions; The Court asks that defense counsel provide the plaintiff with the motion papers and deadlines, once the motions are filed; Judge D'Agostino questions the plaintiff about a possible amended complaint - the Plaintiff's asks for leave to submit exhibits to her complaint - Judge D'Agostino grants the plaintiff's request, but directs that only exhibits that are relevant to the complaint should be filed; the plaintiff addresses the Court regarding a motion to strike that she filed with the Syracuse office on 5/14/20, the Court had not yet received the filing (at the time of the confernece call), but will address the filing once it is received by chambers. (Court Reporter Lisa Tennyson, CRD Britney Norton [Time 11:02 a.m. - 11:18 a.m.]) (ban)
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Filing 13
MOTION to Strike the #8 Notice of Appearance filed by Jennifer L. Hunt, Pro Se. Motion referred to Miroslav Lovric. (jmb)
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Filing 12
Pre-Motion Letter by Bank of America, N.A. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 5/20/2020 (Saydah, Heather)
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Filing 11
AFFIDAVIT OF SERVICE: Summons and Complaint served upon John Dicaro for Ellis M. Oster, Esq., and Law Firm Shapiro, Dicaro, Barak LLC on 4/10/2020 and served upon David Wallace for Bank of America on 4/15/2020, filed by Jennifer L. Hunt, Pro Se. (jmb)
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Filing 9
Letter Motion from Ellis M. Oster for Ellis M. Oster, Shaprio, DiCaro & Barak, LLC requesting Pre-Motion Conference submitted to Judge Mae A D'Agostino, U.S.D.J. . (Attachments: #1 Exhibit(s) Notice of Entry, #2 Exhibit(s) Certificate of Service)(Oster, Ellis)
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Filing 8
NOTICE of Appearance by Ellis M. Oster on behalf of Ellis M. Oster, Shaprio, DiCaro & Barak, LLC (Oster, Ellis)
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Filing 7
TEXT ORDER: Motion #4 is DENIED, without prejudice. Plaintiff may renew her request to obtain an ECF login and password at the in-person Rule 16 initial conference. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/30/2020.(Copy served on Pro See Plaintiff via regular mail)(jdp )
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Filing 6
G.O. 25 FILING ORDER ISSUED: Initial In-Person Rule 16 Conference set for 7/1/2020 at 11:00 AM in Binghamton before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/24/2020. (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 served upon the pro se plaintiff by regular mail} (jmb)
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Filing 5
TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. {Copy served upon the pro se plaintiff by regular mail.} jmb)
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Filing 4
Pro Se MOTION to Obtain ECF Login and Password filed by Jennifer L. Hunt, Pro Se. Motion referred to Miroslav Lovric. (jmb)
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Filing 3
PRO SE HANDBOOK and NOTICE issued to and executed by Jennifer L. Hunt at time complaint was filed at the public counter. Plaintiff also received a copy of the NDNY Local Rules. (jmb)
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Filing 2
Summons Issued as to Shaprio, DiCaro & Barak, LLC. (Attachments: #1 Summons issued for Ellis M. Oster, Esq., #2 Summons issued for Bank of America, N.A.){Copies provided to the pro se plaintiff at the Syracuse Clerk's Office public counter} (jmb)
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Filing 1
COMPLAINT WITH JURY DEMAND: against Shaprio, DiCaro & Barak, LLC, Ellis M. Oster and Bank of America, N.A. (Filing fee $400 receipt number SYR057158) filed by Jennifer L. Hunt, Pro Se. (Attachments: #1 Civil Cover Sheet) (jmb)
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