Miller et al v. HSBC Bank USA, N.A. et al
| Ivy Miller, Michael N. Vick, Leland Odom, Pamela Howie, Renita Lynn Ransom, Gerald Frazier, Andrea Frazier, Douglas Washington, Anthony J. Mars, Samuel Stepp, Margaret Edmondson, Ruby Lucille Kidwell, Nena M. Williams, James B Griffin, Mary Ellen Adams, Jose L Cotto, Nicholad Garofalo, Rae Beth Fultz, Andrew Jackson, Jr, Ricky Clinard, Norman Martinez, Matthew D Sampson, Audrey Appleyard, Joyce M Burgess, Peter Drolet, Deanna Drolet, Sadie Murphy, Carol C Hines, Shivnarine Persaud, Buddy Sims, Ophelia Sims, Joseph Jackson, David Leach, Regina Pittman, Lori Darby, Harry Cavole, Debrah Cavole, Ronnie L Anderson, Alfred Mitchell, Jr, Marco Mendez and John Roes |
| Caliber Home Loans Inc, HSBC Bank USA, N.A. Individually doing business as Household Finance Corp., JPMorgan Chase Bank, N.A. and Vericrest Financial, Inc |
| 1:2013cv07500 |
| October 24, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Robert W Sweet |
| Banks and Banking |
| 15 U.S.C. § 1601 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 18, 2015. A more recent docket listing may be available from PACER.
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Filing 32
CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion dated February 10, 2015, HSBC's motion to dismiss Miller's AC is granted and the AC is dismissed with prejudice. (Signed by Clerk of Court Ruby Krajick on 2/18/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
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Filing 31
OPINION #105247 re: #21 MOTION to Dismiss amended complaint. filed by HSBC Bank USA, N.A. Based on the above conclusions, the motion of HSBC to dismiss Miller's AC is granted and the AC is dismissed with prejudice. (See Opinion.) (Signed by Judge Robert W. Sweet on 2/10/2015) (ajs) Modified on 2/19/2015 (ca).
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Transmission to Judgments and Orders Clerk. Transmitted re: #31 Memorandum & Opinion, to the Judgments and Orders Clerk. (ajs)
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Minute Entry for proceedings held before Judge Robert W. Sweet: Motion Hearing held on 10/29/2014 re: #21 MOTION to Dismiss amended complain filed by HSBC Bank USA, N.A.. (Chan, Tsz)
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Filing 30
STIPULATION AND ORDER: As set forth within, the Court scheduled oral argument of the Motion for September 24, 2014. However, counsel for Miller is not available on September 24, 2014 and has requested that oral argument of the Motion be adjourned until October 29, 2014. HSBC does not oppose Miller's request to adjourn oral argument of the Motion until October 29, 2014, subject to the Court's approval. SO ORDERED. (See Order.) (Signed by Judge Robert W. Sweet on 9/23/2014) (ajs)
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Filing 29
LETTER MOTION to Adjourn Conference addressed to Judge Robert W. Sweet from Michael E. Herskowitz, Esq. dated September 22, 2014. Document filed by Ivy Miller. (Attachments: #1 Exhibit Stipulation of Adjournment)(Herskowitz, Michael)
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Filing 28
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST LETTER MOTION to Adjourn Conference addressed to Judge Robert W. Sweet from Michael E. Herskowitz, Esq. dated September 22, 2014. Document filed by Ivy Miller. (Attachments: #1 Exhibit stipulation to Adjourn Conference)(Herskowitz, Michael) Modified on 9/23/2014 (db).
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Filing 27
STATUS REPORT. Receiver's Report Concerning The Hoffman Law Group, and Request For Stay of Proceedings Document filed by Ivy Miller.(Herskowitz, Michael)
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Filing 26
REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss amended complaint. . Document filed by HSBC Bank USA, N.A.. (McPhee, Sean)
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Filing 25
STIPULATION TO EXTEND DEADLINES CONCERNING DEFENDANT'S MOTION TO DISMISS THE AMENDED COMPLAINT. Miller and HSBC have agreed that the time within which Miller must file her opposition to HSBC's motion to dismiss the Amended Complaint is extended to June 30, 2014. Miller and HSBC have also agreed that the time within which HSBC must reply to Miller's opposition is extended to July 14, 2014, and as further set forth. (Replies due by 7/14/2014.) (Signed by Judge Robert W. Sweet on 6/27/2014) (rjm)
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Filing 24
MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss amended complaint. . Document filed by Ivy Miller. (Herskowitz, Michael)
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Filing 23
ORDER re: #21 MOTION to Dismiss amended complaint. filed by HSBC Bank USA, N.A. Defendant's motion to dismiss will be heard on Wednesday, September 24, 2014. All motion papers shall be served in accordance with Local Civil Rule 6.1. (Signed by Judge Robert W. Sweet on 6/12/2014) (lmb)
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Filing 22
MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss amended complaint. . Document filed by HSBC Bank USA, N.A.. (McPhee, Sean)
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Filing 21
MOTION to Dismiss amended complaint. Document filed by HSBC Bank USA, N.A..(McPhee, Sean)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Sean Charles McPhee to RE-FILE Document #20 MOTION to Dismiss plaintiff's amended complaint. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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Filing 20
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss plaintiff's amended complaint. Document filed by HSBC Bank USA, N.A.. (Attachments: #1 Memorandum of Law in support of motion to dismiss)(McPhee, Sean) Modified on 6/10/2014 (db).
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Filing 19
AMENDED COMPLAINT amending 1 Complaint,,, #18 Amended Complaint, #17 Amended Complaint,,,, against HSBC Bank USA, N.A. with JURY DEMAND.Document filed by Ivy Miller. Related document: 1 Complaint,,, filed by Michael N. Vick, Margaret Edmondson, Jose L Cotto, Sadie Murphy, Deanna Drolet, Douglas Washington, Ruby Lucille Kidwell, Buddy Sims, Pamela Howie, Rae Beth Fultz, Lori Darby, Audrey Appleyard, Nicholad Garofalo, Nena M. Williams, Samuel Stepp, Ronnie L Anderson, Shivnarine Persaud, Regina Pittman, Anthony J. Mars, Ricky Clinard, John Roes, Ophelia Sims, Andrea Frazier, Gerald Frazier, Matthew D Sampson, Leland Odom, Ivy Miller, James B Griffin, Peter Drolet, Renita Lynn Ransom, Andrew Jackson, Jr, Marco Mendez, Joyce M Burgess, Harry Cavole, Debrah Cavole, Mary Ellen Adams, Norman Martinez, Carol C Hines, Alfred Mitchell, Jr, Joseph Jackson, David Leach, #18 Amended Complaint, filed by Ivy Miller, #17 Amended Complaint,,,, filed by Ivy Miller. (Attachments: #1 Stipulation)(Herskowitz, Michael)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Michael Herskowitz RE: Document No. #18 Amended Complaint,. The filing is deficient for the following reason(s): the wrong Filer was selectedFiling Does Not Comply with FRCP Rule 15 Re-file the document and select the correct filer.File the Exhibit to Pleading event found under the event category Other Documents and attach either opposing party's written consent or Court's leave. All parties must be listed on the amended complaint. Please note that leave to file expired May 9, 2014. (jom)
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Filing 18
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - - FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - AMENDED COMPLAINT amending #17 Amended Complaint,,,, against HSBC Bank USA, N.A. with JURY DEMAND.Document filed by Ivy Miller. Related document: #17 Amended Complaint,,,, filed by Ivy Miller.(Herskowitz, Michael) Modified on 5/13/2014 (jom).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Michael Herskowitz RE: Document No. #17 Amended Complaint,,,,. Re-file the document and select the correct party you are filing against. Select all parties you are filing against. (lcu)
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Filing 17
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending 1 Complaint,,, against HSBC Bank USA, N.A. with JURY DEMAND.Document filed by Ivy Miller. Related document: 1 Complaint,,, filed by Michael N. Vick, Margaret Edmondson, Jose L Cotto, Sadie Murphy, Deanna Drolet, Douglas Washington, Ruby Lucille Kidwell, Buddy Sims, Pamela Howie, Rae Beth Fultz, Lori Darby, Audrey Appleyard, Nicholad Garofalo, Nena M. Williams, Samuel Stepp, Ronnie L Anderson, Shivnarine Persaud, Regina Pittman, Anthony J. Mars, Ricky Clinard, John Roes, Ophelia Sims, Andrea Frazier, Gerald Frazier, Matthew D Sampson, Leland Odom, Ivy Miller, James B Griffin, Peter Drolet, Renita Lynn Ransom, Andrew Jackson, Jr, Marco Mendez, Joyce M Burgess, Harry Cavole, Debrah Cavole, Mary Ellen Adams, Norman Martinez, Carol C Hines, Alfred Mitchell, Jr, Joseph Jackson, David Leach.(Herskowitz, Michael) Modified on 5/12/2014 (lcu).
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Filing 16
NOTICE OF DISMISSAL. Pursuant to Fed. R. Civ. P. 41(a)(1), all Plaintiffs, except the first-named Plaintiff Ivy Miller, voluntarily dismiss their claims in the above entitled action with respect to Defendants Caliber Home Loans Inc. f/k/a Vericrest Financial, Inc. and Select Portfolio Servicing Inc. Plaintiff Miller reaffirms her claims against Defendant HSBC Bank USA, N.A., Individually and d/b/a Household Finance Corp. and d/b/a Beneficial. So ordered. (Signed by Judge Robert W. Sweet on 4/15/2014) (rjm)
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Filing 15
STIPULATION TO EXTEND PLAINTIFFS' TIME TO AMEND COMPLAINT: Miller seeks leave to amend the Complaint and HSBC consents to Miller's request to serve an Amended Complaint on or before May 9, 2014. Miller and HSBC have agreed that the time within which HSBC must answer, move, or otherwise respond to the Amended Complaint is June 9, 2014. (Signed by Judge Robert W. Sweet on 4/15/2014) (mro)
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Set/Reset Deadlines: Service due by 5/9/2014. (mro)
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Filing 14
ORDER. Please be advised that the conference scheduled for 4/16/2014 has been rescheduled to 5/21/2014 at 4:00 p.m. in Courtroom 18C. Please notify opposing counsel of the change. So ordered. (Conference set for 5/21/2014 at 04:00 PM in Courtroom 18C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/15/2014) (rjm)
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Filing 13
NOTICE OF APPEARANCE by Joseph B. Schmit on behalf of HSBC Bank USA, N.A.. (Schmit, Joseph)
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***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Michael Herskowitz Document #11 Notice of Voluntary Dismissal, was referred to Judge Robert W. Sweet for approval. (km)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Michael Elliot Herskowitz: Document No. #12 Letter is not filed via ECF. ONLY certain letter motions are allowed to be filed on ECF. A Motion to Amend/Correct is filed formally. (ldi)
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Filing 12
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION to Amend/Correct 1 Complaint. Document filed by Ivy Miller.(Herskowitz, Michael) Modified on 4/14/2014 (ldi).
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Filing 11
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) HSBC Bank USA, N.A.. Document filed by All Plaintiffs. (Herskowitz, Michael) Modified on 4/14/2014 (km).
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***NOTE TO ATTORNEY - VOLUNTARY DISMISSAL FILED IN CLOSED CASE. Note to Attorney Michael Herskowitz Document #8 Notice of Voluntary Dismissal, was filed in a closed case. (km)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Michael Elliot Herskowitz. Document No. #9 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion to Amend/Correct or for Leave to File a Document must be formally filed. The attached Stipulation may be directely emailed to judgments@nysd.uscourts.gov. (db)
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Filing 10
LETTER MOTION to Adjourn Conference addressed to Judge Robert W. Sweet from Michael E. Herskowitz dated 4/10/2014. Document filed by Ivy Miller.(Herskowitz, Michael)
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Filing 9
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST MOTION to Amend/Correct 1 Complaint. Document filed by Ivy Miller. (Attachments: #1 Stipulation)(Herskowitz, Michael) Modified on 4/11/2014 (db).
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Filing 8
DOCUMENT FILED IN CLOSED CASE - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants. Document filed by All Plaintiffs. (Herskowitz, Michael) Modified on 4/11/2014 (km).
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Filing 7
NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) JPMorgan Chase Bank, N.A.. Document filed by All Plaintiffs. (Herskowitz, Michael)
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Filing 6
PRETRIAL ORDER: Counsel are directed to appear in courtroom 18C on 4/16/2014 at 4:00 P.M. for a pretrial conference for the purpose of discussing settlement with the court, exploring contemplated motions, stating facts, arranging a plan and schedule for all discovery, resolving any anticipated discovery issues, and setting a time for trial. Plaintiff(s)' counsel ARE REQUIRED TO NOTIFY COUNSEL FOR ALL PARTIES OF THIS CONFERENCE. (Pretrial Conference set for 4/16/2014 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 3/17/2014) (ajs)
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Filing 5
STIPULATED ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for plaintiffs and counsel for defendant, HSBC Bank USA, N.A., individually and incorrectly alleged to be doing business as "Household Finance Corp." and "Beneficial" ("HSBC"), as follows: 1. HSBC's undersigned counsel hereby accepts service of plaintiffs' summons and complaint in this action. 2. In accordance with Fed. R. Civ. P. 4(d)(3), HSBC's deadline to answer, move or otherwise appear in this case is extended to April 21, 2014. 3. HSBC expressly reserves all defenses to this action., HSBC Bank USA, N.A. answer due 4/21/2014. (Signed by Judge Robert W. Sweet on 3/6/2014) (lmb)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Sean Charles McPhee to E-MAIL Document No. #4 Stipulated Order to Judgments@nysd.uscourts.gov. This document is not filed via ECF. (ldi)
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Filing 4
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - CONSENT MOTION for Extension of Time to answer or move to dismiss. Document filed by HSBC Bank USA, N.A..(McPhee, Sean) Modified on 2/21/2014 (ldi).
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HSBC USA Inc. for HSBC Bank USA, N.A.. Document filed by HSBC Bank USA, N.A..(McPhee, Sean)
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Filing 2
NOTICE OF APPEARANCE by Sean Charles McPhee on behalf of HSBC Bank USA, N.A.. (Attachments: #1 Certificate of service)(McPhee, Sean)
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Filing 1
COMPLAINT against Caliber Home Loans Inc, HSBC Bank USA, N.A., JPMorgan Chase Bank, N.A.. (Filing Fee $ 350.00, Receipt Number 465401079783)Document filed by Ophelia Sims, Joseph Jackson, Ricky Clinard, Gerald Frazier, Peter Drolet, Jose L Cotto, Ivy Miller, Nicholad Garofalo, Shivnarine Persaud, Mary Ellen Adams, Joyce M Burgess, Deanna Drolet, Sadie Murphy, Alfred Mitchell, Jr, Nena M. Williams, Andrew Jackson, Jr, Audrey Appleyard, Anthony J. Mars, Buddy Sims, Regina Pittman, Samuel Stepp, John Roes, Norman Martinez, Matthew D Sampson, Ruby Lucille Kidwell, Carol C Hines, Renita Lynn Ransom, Ronnie L Anderson, Michael N. Vick, Lori Darby, Douglas Washington, Margaret Edmondson, Marco Mendez, James B Griffin, Andrea Frazier, Debrah Cavole, Leland Odom, David Leach, Harry Cavole, Rae Beth Fultz, Pamela Howie.(jd)
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SUMMONS ISSUED as to Caliber Home Loans Inc, HSBC Bank USA, N.A., JPMorgan Chase Bank, N.A. (jd)
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Case Designated ECF. (jd)
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Magistrate Judge Henry B. Pitman is so designated. (jd)
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