U.S. Bank, National Association v. Baines et al
| U.S. Bank, National Association |
| David Baines, David A. Baines, Sr., Philip J. Boyle, Mary K. Boyle, Home HeadQuarters, Inc. and John Doe 1 through John Doe 12 |
| 5:2025cv00521 |
| April 28, 2025 |
| U.S. District Court for the Northern District of New York |
| Mitchell J Katz |
| Glenn T Suddaby |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on August 8, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 MOTION for Default Judgment as to David Baines a/k/a David A. Baines Sr., Philip J. Boyle, Mary K. Boyle, and Home Headquarters filed by U.S. Bank, National Association. Response to Motion due by 8/29/2025. Reply to Response to Motion due by 9/5/2025 (Attachments: #1 Proposed Order/Judgment Judgment of Foreclosure and Sale, #2 Declaration Declaration in Support, #3 Affidavit Affirmation of Indebtedness, #4 Exhibit(s) A - Pooling and Servicing Agreement, #5 Exhibit(s) B - Note, #6 Exhibit(s) C - Mortgage and Loan Modification Agreement, #7 Exhibit(s) D - Assignment(s) of Mortgage, #8 Exhibit(s) E - Notice of Default, #9 Exhibit(s) F - RPAPL 1304 90 Day Notices & RPAPL 1306 Proof of Filing Statement, #10 Exhibit(s) G - DOD Manpower Data Center Reports, #11 Exhibit(s) H - Summons(es) and Complaint, #12 Exhibit(s) I - Notice of Pendency, #13 Exhibit(s) J - Affidavits of Service, #14 Exhibit(s) K - Request for Clerk's Certificate of Entry of Default, #15 Exhibit(s) L - Clerk's Certificate of Action Taken on Plaintiff's Request for Entry of Default, #16 Exhibit(s) M - Bill of Costs, #17 Exhibit(s) N - Power of Attorney and Merger Documents, #18 Exhibit(s) O - Affirmation of Services Rendered, #19 Exhibit(s) P - Data Compilations and Account Ledgers, #20 Exhibit(s) Q - Foreclosure Title Certificate Confirming Property Consists of Single Tax Map Lot, #21 Declaration Declaration of Mailing) (Sheidlower, Eric) |
| Filing 27 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by U.S. Bank, National Association identifying Corporate Parent U.S. Bancorp, Corporate Parent U.S. Bank National Association for U.S. Bank, National Association.. (Sheidlower, Eric) |
| Filing 26 NOTICE OF APPEARANCE by Eric S. Sheidlower on behalf of U.S. Bank, National Association (Sheidlower, Eric) |
| Filing 25 TEXT ORDER : Plaintiffs' counsel is directed to file a motion for default judgment as to the Defendants or a Status Report on or before 8/8/2025. SO ORDERED by U.S. District Judge Glenn T Suddaby on 7/28/2025. (sal) |
| Filing 24 STATUS REPORT Status Letter and Declaration of Mailing by U.S. Bank, National Association. (Attachments: #1 Declaration Declaration of Mailing)(Sheidlower, Eric) |
| Filing 23 TEXT ORDER : Pursuant to the #22 Stipulation of Partial Discontinuance, the Plaintiff discontinues this action as against Defendant Debra Baines with prejudice and the Clerk is directed to terminate Defendant Debra Baines as a party to this action. SO ORDERED by U.S. District Judge Glenn T Suddaby on 7/14/2025. (Copy served upon Defendant Debra Baines via regular mail) (sal) |
| Filing 22 STIPULATION of Dismissal as against Defendant Debra Baines by U.S. Bank, National Association submitted to Judge Glenn T. Suddaby. (Knox, William) |
| Filing 21 TEXT ORDER: The Court is in receipt of the #20 Status Report filed by Plaintiff. Plaintiff is to file the Stipulation of Dismissal as to Defendant Debra Baines, or in the alternative an additional Status Report, by 7/15/2025. SO ORDERED by U.S. Magistrate Judge Mitchell J. Katz on 7/8/2025. (Copy served upon Pro Se Defendant via regular mail) (kck) |
| Filing 20 STATUS REPORT Regarding Stipulation of Dismissal as against defendant Debra Baines only by U.S. Bank, National Association. (Knox, William) |
| Filing 19 TEXT ORDER: Pursuant to the accompanying Text Minute Entry for the video Scheduling Conference held on 6/20/2025, should Plaintiff seek to dismiss their claims again Pro Se Defendant Debra Baines, Plaintiff's Counsel is directed to send by regular mail a Stipulation of Dismissal to Pro Se Defendant with a postage pre-paid return envelope. Pro Se Defendant shall return the signed Stipulation of Dismissal to Plaintiff's counsel for filing. Plaintiff is to file a letter regarding the status of the Stipulation of Dismissal by July 9th, 2025, and if Plaintiff seeks to dismiss their claims against Ms. Baines, the completed Stipulation of Dismissal is to be filed by July 31st, 2025. SO ORDERED by U.S. Magistrate Judge Mitchell J. Katz on 6/20/2025. (Copy served upon Pro Se Defendant via regular mail) (kck) |
| TEXT Minute Entry for a video Scheduling Conference held on 6/20/2025 before U.S. Magistrate Judge Mitchell J. Katz: The Court reviews several legal issues surrounding the foreclosure action with the parties including the impact, if any, from Defendant's divorce proceedings and her two bankruptcy filings, without making any rulings. The Court encouraged Plaintiff's counsel to secure Plaintiff's agreement to dismiss the action against Pro Se Defendant Baines. The Court sets deadlines regarding the filing of a Stipulation of Dismissal as set forth in the accompanying Text Order. Appearances: William J. Knox, Esq. for Plaintiff; Debra Baines, Pro Se Defendant. (Court Reporter: Eileen McDonough. Time: 10:35 AM - 10:52 AM) {Copy served upon Pro Se Defendant via regular mail} (kck) |
| Filing 18 NOTICE OF APPEARANCE by William J. Knox on behalf of U.S. Bank, National Association (Knox, William) |
| Filing 17 MOTION to Withdraw as Attorney filed by U.S. Bank, National Association. Response to Motion due by 7/8/2025 Motions referred to Mitchell J. Katz. (Sheidlower, Eric) |
| Filing 16 First MOTION to Withdraw as Attorney by Anthony Cellucci, Esq. filed by U.S. Bank, National Association. Response to Motion due by 7/8/2025 Motions referred to Mitchell J. Katz. (Cellucci, Anthony) |
| Filing 15 AMENDED Clerk's ENTRY OF DEFAULT GRANTED as to Home HeadQuarters, Inc. (bas) |
| Filing 14 TEXT ORDER : According to the docket sheet, Clerk's Entry of Default has been entered as to Defendants David Baines, Mary K. Boyle, Philip J. Boyle, and Home HeadQuarters, Inc.. See Dkt. Nos. #12 and #13 . Plaintiffs' counsel is directed to file a motion for default judgment as to these Defendants or a Status Report on or before July 25, 2025. The Court notes that an Answer to the Complaint has been filed by Defendant Debra Baines who is proceeding pro se in this matter. See Dkt. No. #8 . SO ORDERED by U.S. District Judge Glenn T Suddaby on 6/11/2025. (Served Defendant Debra Baines by regular mail).(sal ) |
| Filing 13 Clerk's ENTRY OF DEFAULT as to Home HeadQuarters, Inc. (bas) |
| Filing 12 Clerk's ENTRY OF DEFAULT as to David Baines, Mary K. Boyle, and Philip J. Boyle. (bas) |
| Filing 11 NOTICE OF APPEARANCE by Eric S. Sheidlower on behalf of U.S. Bank, National Association (Sheidlower, Eric) |
| Filing 10 REQUEST FOR ENTRY OF DEFAULT as to David Baines, Mary K. Boyle, Philip J. Boyle, Home HeadQuarters, Inc., by U.S. Bank, National Association. (Attachments: #1 Affirmation Affirmation in Support of Clerk's Certificate of Default, #2 Exhibit(s) Affidavits of Service, #3 Exhibit(s) DOD Manpower Data Center Reports, #4 Declaration Declaration of Mailing)(Sheidlower, Eric) Modified on 6/10/2025 to correct parties . (bas). |
| Filing 9 TEXT ORDER: According to the docket sheet, the time for defendants Home HeadQuarters, Inc. and David Baines to respond to the #1 Complaint has expired. Plaintiff's Counsel is directed to either file a Request for Clerk's Entry of Default as to defendant Home HeadQuarters, Inc. and David Baines or a status report on or before 6/6/2025. SO ORDERED by U.S. Magistrate Judge Mitchell J. Katz on 5/30/2025. (Copy served upon Pro Se Defendant via regular mail) (kck) |
| Filing 8 ANSWER to the #1 Complaint by Debra Baines.(bas) |
| Filing 7 AFFIRMATION OF SERVICE as to Mary K. Boyle served on 5/15/2025, answer due 6/04/2025. Affirmation filed by U.S. Bank, National Association. (Attachments: #1 Affidavit AFF MAILING)(Boriskin, Sara) Modified on 5/21/2025 (bas). |
| ***Answer due date updated for Mary K. Boyle answer due 6/4/2025. (bas) |
| Filing 6 AFFIRMATION OF SERVICE as to Philip J. Boyle served on 5/15/2025, answer due 6/04/2025. Affirmation filed by U.S. Bank, National Association. (Boriskin, Sara) Modified on 5/20/2025 to correct the docket text and answer deadline. (bas). |
| Filing 5 AFFIRMATION OF SERVICE as to Debra Baines served on 5/12/2025, answer due 6/01/2025. Affirmation filed by U.S. Bank, National Association. (Boriskin, Sara) Modified on 5/20/2025 to correct the docket text and answer deadline. (bas) |
| Filing 4 AFFIRMATION OF SERVICE as to David Baines served on 5/6/2025, answer due 5/27/2025. AFFIRMATION filed by U.S. Bank, National Association. (Boriskin, Sara) Modified on 5/20/2025 to correct the docket text and answer deadline. (bas). |
| ***Answer due date updated for David Baines answer due 5/27/2025. (bas) |
| ***Answer due date updated for Philip J. Boyle answer due 6/4/2025. (bas) |
| ***Answer due date updated for Debra Baines answer due 6/1/2025. (bas) |
| Filing 3 AFFIRMATION OF SERVICE Executed as to Home HeadQuarters, Inc. served on 5/6/2025, answer due 5/27/2025. Acknowledgment filed by U.S. Bank, National Association. (Boriskin, Sara) Modified on 5/13/2025 (bas). |
| ***Answer due date updated for Home HeadQuarters, Inc. answer due 5/27/2025. (bas) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #3 Acknowledgment of Service (USM 285 Form). Clerk modified docket text to AFFIRMATION OF SERVICE and corrected answer deadline. (bas) |
| 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. (see ) |
| Filing 2 Summons Issued as to David Baines, Debra Baines, Mary K. Boyle, Philip J. Boyle and Home HeadQuarters, Inc. (Attachments: #1 Summons Issued as to Mary K. Boyle, #2 Summons Issued as to Philip J. Boyle, #3 Summons Issued as to Debra Baines, #4 Summons Issued as to David Baines aka David A. Baines Sr.)(bas) |
| Filing 1 COMPLAINT against David Baines, Debra Baines, Mary K. Boyle, Philip J. Boyle, Home HeadQuarters, Inc., and John Doe 1 through John Doe 12 (Filing fee $405 receipt number ANYNDC-7112922) filed by U.S. Bank, National Association. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s) A - Legal Description, #3 Exhibit(s) B - Mortgage Bond, #4 Exhibit(s) C - Mortgage, #5 Exhibit(s) D - Schedule of Assignments, #6 Exhibit(s) E - Payment Remittance Information, #7 Exhibit(s) F - Proof of Filing Statement)(bas) |
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