Herse et al v. Sheehan et al
| Mr. Kirk Herse and Mrs. Patricia Herse |
| Timothy P. Sheehan, John Michael Himmelberg, Justin Lovendusky, HSBC Bank, Midwest Servicing Inc., Midwest Servicing 2, Inc., Midwest Asset Acceptance Group, Mark Swimelar and John and Jane Does 1-10 |
| 6:2024cv00065 |
| January 16, 2024 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Gary L Sharpe |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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Filing 7
TEXT ONLY ORDER REASSIGNING CASE. Case reassigned to Chief Judge Brenda K. Sannes for all further proceedings. Senior Judge Gary L. Sharpe no longer assigned to case. Authorized by Chief Judge Brenda K. Sannes on 2/22/2024. (Copy served via regular mail)(jel, )
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| Filing 8 Mail Returned as Undeliverable. (Certified) re: 4 Order, Set Deadlines, sent to Patricia Herse and Krik Herse Address sent to 7963 State Route 12, Lowville, NY 13367. (khr) |
| Filing 6 Summons Issued as to Timothy P. Sheehan. (Attachments: #1 Summons issued as to Midwest Servicing Inc., #2 Summons issued as to Midwest Servicing 2 Inc., #3 Summons issued as to Midwest Asset Acceptance Group, #4 Summons issued as to Mark Swimlar, #5 Summons issued to Justin Lovendusky, #6 Summons issued as to John Michael Himmelberg, #7 Summons issued as to HSBC Bank)(khr) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS(ES): Patricia Herse, Kirk Herse is requesting summons(es) be issued as to HSBC Bank, John Michael Himmelberg, Justin Lovendusky, Midwest Asset Acceptance Group, Midwest Servicing 2, Inc., Midwest Servicing Inc., Timothy P. Sheehan, Mark Swimelar (Attachments: #1 Proposed Summons for John Michael Himmelberg, #2 Proposed Summons for Justin Lovendusky, #3 Proposed Summons for HSBC Bank, #4 Proposed Summons for Midwest Servicing Inc., #5 Proposed Summons for Midwest Servicing 2, Inc., #6 Proposed Summons for Midwest Asset Acceptance Group, #7 Proposed Summons for Mark Swimelar, #8 Envelope)(see) |
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Filing 4
TEXT ORDER: Court reviewed docket and notes that plaintiffs have failed to submit proposed summonses to the Court as directed in the Text Notice of 1/16/2024, and the Text Notice of Filing Deficiency dated 1/16/2024. Plaintiffs were also sent blank summonses on 1/16/2023 by the Clerk to assist them in drafting the summonses for each defendant. The Court still has not received the proposed summonses from plaintiffs completed pursuant to Rule 4 of the Federal Rules of Civil Procedure. Plaintiffs are directed to return proposed summonses to the Clerk by 2/9/2024. Once the Clerk receives properly completed proposed summonses, the Clerk will issue them to the plaintiffs for service on the defendants. Failure to file proposed summonses by 2/9/2024 may result in an administrative closure of the case, or dismissal of the case, for failure to prosecute and failure to follow Court orders and directives. The Clerk is directed to send this Text Order via regular mail and certified mail to plaintiffs. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/29/2024. (A copy of this Text Order has been served on pro se party(ies) via regular mail, and certified mail RRR.)(sg)
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| TEXT NOTICE TO PRO SE PLAINTIFFS: Because Plaintiffs have paid the filing fee, they are advised that they are responsible for serving the summons, complaint, and General Order 25 on each defendant in accordance with Fed.R.Civ.P. 4(c). A separate affidavit of service as to each defendant must be filed. Plaintiffs are warned that failure to serve the summons, complaint, and General Order 25 on the defendants or ask for an extension of time to do so (in writing) may ultimately result in dismissal of their action for failure to prosecute. (A copy of this text notice has been served on pro se party via regular mail.) (sg, ) |
| Filing 3 PRO SE HANDBOOK and NOTICE issued mailed to plaintiff with copy of local rules and along with copies of filed complaints and blank proposes summonses. (Attachments: #1 Pro Se Notie for Patricia Herse) (jel, ) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 4/23/2024 at 09:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/16/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jel, ) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants (Filing fee $405 receipt number UTC600000028) filed by Patricia Herse, Kirk Herse.(jel, ) #1 Envelope 1, #2 Envelope 2) (jel, ). #3 Civil Cover Sheet) (jel, ). |
| Clerk mailed out the Two Text Notices from 1/16/2024 to pro se plaintiffs via regular mail on 1/16/24. (hmr) |
| TEXT NOTICE OF FILING DEFICIENCY as to Kirk Herse, Patricia Herse regarding the #1 Complaint NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons(es) were not included with the Complaint. Pro Se Plaintiffs are directed to file proposed summons(es) via mail or by Remote Services for Pro Se Litigants within 7 days of this notice. Notice of Filing Deficiency Deadline 1/23/2024 (hmr) |
| 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. (hmr) |
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