Nationstar Mortgage LLC v. County of Oswego et al
| Nationstar Mortgage LLC doing business as Mr. Cooper |
| Eric Krackehl, Mari J. Atkinson, County of Oswego, Melissa Krackehl, Oswego County Ambulance and Hearse Service, Inc. |
| 5:2024cv01459 |
| December 2, 2024 |
| U.S. District Court for the Northern District of New York |
| Mitchell J Katz |
| Frederick J Scullin |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 10
PARTIAL STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: Plaintiff hereby dismisses with prejudice any and all claims asserted in the above captioned action against the State of New York and Empower Federal Credit Union. Signed by Senior Judge Frederick J. Scullin, Jr on January 27, 2025. (rep)
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| Filing 9 AMENDED DOCUMENT by County of Oswego. Corrected Doc # 6-2, Exhibit B Judgment in Foreclosure. (Bullard, H.) |
| Filing 8 Letter regarding admission status filed by Attorney Floyd G. Grossman. {Filed via MFT} (kck) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #6 Answer to Complaint: Clerk removed "Oswego County Ambulance" and added "County of Oswego" which is the correct party who filed this document. (hmr) |
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Filing 7
TEXT ORDER: Fed. R. Civ. P. 42(a) provides that consolidation is appropriate "[w]hen actions involving a common question of law or fact are pending before the court." Fed. R. Civ. P. 42(a). A district court can consolidate related cases under Fed. R. Civ. P. 42(a) sua sponte. See Devlin v. Transportation Commc'ns Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999) (citation omitted). Fed. R. Civ. P. 42(a) should be prudently employed as "a valuable and important tool of judicial administration," Consorti v. Armstrong World Ind., 72 F.3d 1003, 1006 (2d Cir. 1995), vacated on other grounds, 518 U.S. 103 (1996), and invoked to "expedite trial and eliminate unnecessary repetition and confusion," Miller v. United States Postal Serv., 729 F.2d 1033, 1036 (5th Cir. 1984). In assessing whether consolidation is appropriate in given circumstances, a district court should consider both equity and judicial economy. See Miller, 729 F.2d at 1037. Consolidation should be considered when "savings of expense and gains of efficiency can be accomplished without sacrifice of justice." Consorti, 72 F.3d at 1007. The court has determined that there are common questions of law among Nationstar Mortgage LLC v. County County of Oswego et al (5:24-CV-1459) and Merckx, et al v. Rensselaer County, et al - 1:23-CV-1354, as consolidated (Dkt. No. 126). Pursuant to Fed. R. Civ. P. 42, the court is sua sponte consolidating Nationstar Mortgage LLC v. County of Oswego et al (5:24-CV-1459) with Merckx, et al v. Rensselaer County, et al - 1:23-CV-1354, as previously consolidated, for the singular purpose of addressing the common questions of law in the context of the pending motions to dismiss (Dkt. Nos. 93, 94, 95, 121). The court discerns no prejudice from the consolidation for this limited purpose and the "savings of expense can be accomplished without sacrifice of justice." Consorti, 72 F.3d at 1007. Nothing contained in this Text Order shall preclude the parties from filing subsequent dispositive motions not involving the common questions of law once the pending motions have been adjudicated by this court. The pending motions to dismiss in Merckx, et al v. Rensselaer County, et al (Dkt. Nos. 93 , 94 , 95 , 121 ), Rick v. Warren County, 1:24-CV-314 (Dkt. Nos. 13 , 14 , 20 ), and Wolszyn v. Tioga County, 3:23-CV-1585 (Dkt. Nos. 20 , 27 , 31 ) are fully briefed and no additional filings with respect to those motions have been permitted (Dkt. No. 126 ). The court will, however, allow the parties in Nationstar Mortgage LLC v. County of Oswego et al ("Nationstar Mortgage") (5:24-CV-1459) to file briefs supplementing, or addressing additional legal issues raised in the pending motions to dismiss in Merckx, et al v. Rensselaer County, et al. By January 6, 2025, the Northstar Mortgage defendants may file briefs not to exceed 15 pages. Plaintiff may file its response, not to exceed 15 pages, by January 20, 2025. The Nationstar Mortgage Defendants may file a reply, not to exceed 5 pages, by January 27, 2025. Counsel are reminded of the court's request that arguments already advanced need not be repeated in any supplemental filings. Filing of the Civil Case Management and the Rule 16 conference in Nationstar Mortgage LLC v. County of Oswego et al (5:24-CV-1459) is stayed pending further directives from this court. SO ORDERED by Magistrate Judge Mitchell J. Katz on 12/10/2024.(kmc)
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| DOCKET ANNOTATION: Case 1:23-CV-1354 will be the lead case and all further docketing shall be done in the lead case only. (kmc) |
| Filing 6 ANSWER to Complaint by County of Oswego. (Attachments: #1 A - Legislative History - Key Excerpts of Bill Jacket No. 7956-C (1993-94) (Oswego- NationStar), #2 Exhibit(s) B - Judgment in Foreclosure (Oswego- NationStar), #3 Exhibit(s) C - Proposed NY Senate Bill No. S8309A (Passed in April 2024))(Bullard, H.) Modified on 12/11/2024 (hmr). |
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Filing 5
TEXT ORDER: Granting Direct Assignment. The cases are deemed related. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on December 9, 2024. (rep)
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| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Floyd G. Grossman, Esq., Email address is fgrossman@weisszarett.com. Phone number is (516) 627-7000. Admissions due by 12/17/2024. (hmr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/2/2025 at 10:00 AM via Video Conference before Magistrate Judge Mitchell J. Katz. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/26/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| ***Answer due date updated for County of Oswego answer due 12/9/2024. (hmr) |
| Copies of the Dkt. No. #4 Notice of Admission Requirement, along with the Dkt. No. #3 General Order #25 were emailed to Attorney Grossman on 12/3/2024. (hmr) |
| TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 1:23-CV-1354 (FJS/MJK). (hmr) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in Oswego County Supreme Court. (hmr) |
| Filing 1 NOTICE OF REMOVAL from Oswego County Supreme Court, case number EFC-2024-1772 (Filing fee $405 receipt number ANYNDC-6950185) filed by County of Oswego. (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B - Consent, #3 Civil Cover Sheet)(hmr) |
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