Rothbaum v. Bank of America, N.A.
Plaintiff: Rothbaum and Garry Rothbaum
Defendant: Bank of America, N.A.
Case Number: 1:2016cv02387
Filed: March 31, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Nassau
Presiding Judge: Andrew L Carter
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332 bc Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 20, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2017 Opinion or Order Filing 18 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated January 19, 2017, Defendant's motion to dismiss the Complaint is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/20/2017) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km)
January 19, 2017 Opinion or Order Filing 17 OPINION AND ORDER #107035 re: #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) filed by Bank of America, N.A. For the reasons set forth above, Defendant's motion to dismiss the Complaint is GRANTED. The Clerk of the Court is respectfully requested to close the case. (Signed by Judge Andrew L. Carter, Jr on 1/19/2017) (cla) Modified on 2/14/2017 (ap).
January 19, 2017 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #17 Memorandum & Opinion, to the Judgments and Orders Clerk. (cla)
July 19, 2016 Opinion or Order Filing 16 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6). . Document filed by Bank of America, N.A.. (Chapman, Jeffrey)
July 6, 2016 Opinion or Order Filing 15 MEMORANDUM OF LAW in Opposition re: #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6). . Document filed by Garry Rothbaum. (Paradis, Paul)
June 17, 2016 Opinion or Order Filing 14 REVISED SCHEDULING ORDER: BEFORE THE COURT is Plaintiffs' request to amend the Court's April 26, 2016 Scheduling Order. Upon consideration, it is ORDERED AND ADJUDGED that: 1. Plaintiff's Opposition to Defendant's Motion to Dismiss shall be filed on July 6, 2016; 2. Defendant's Reply in Further Support of Defendant's Motion to Dismiss shall be filed on July 19, 2016. Responses due by 7/6/2016 Replies due by 7/19/2016. (Signed by Judge Andrew L. Carter, Jr on 6/17/2016) (kgo)
June 17, 2016 Opinion or Order Filing 13 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Gina M. Tufaro dated June 17, 2016 re: extension of time to file opposition. Document filed by Garry Rothbaum. (Attachments: #1 Text of Proposed Order)(Paradis, Paul)
May 24, 2016 Opinion or Order Filing 12 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6). . Document filed by Bank of America, N.A.. (Chapman, Jeffrey)
May 24, 2016 Opinion or Order Filing 11 DECLARATION of Jeffrey J. Chapman, Esq. in Support re: #10 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6).. Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chapman, Jeffrey)
May 24, 2016 Opinion or Order Filing 10 MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6). Document filed by Bank of America, N.A.. Responses due by 6/21/2016(Chapman, Jeffrey)
May 11, 2016 Opinion or Order Filing 9 ORDER FOR ADMISSION PRO HAC VICE granting #8 Motion for Carlo L. Rodes to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 5/11/2016) (cf)
May 11, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Carlo L. Rodes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12285472. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
May 10, 2016 Opinion or Order Filing 8 MOTION for Carlo L. Rodes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12285472. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bank of America, N.A.. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order)(Rodes, Carlo)
April 26, 2016 Opinion or Order Filing 7 ORDER denying #4 Letter Motion for Local Rule 37.2 Conference. On April 7, 2016, Defendant Bank of America, N.A. filed a letter motion requesting a pre-motion conference on an anticipated motion to dismiss, pursuant to Fed. R. Civ. P. 12(b)(6). On April 12, 2016, Plaintiff filed his response. Defendant's motion for a pre-motion conference is DENIED and the Court sets the following briefing schedule: Defendant's Motion: May 24, 2016; Plaintiff's Opposition: June 21, 2016; and Defendant's Reply, if any: July 5, 2016. (Signed by Judge Andrew L. Carter, Jr on 4/26/2016) (kgo)
April 26, 2016 Opinion or Order Set/Reset Deadlines: Motions due by 5/24/2016. Responses due by 6/21/2016 Replies due by 7/5/2016. (kgo)
April 12, 2016 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Gina M Tufaro on behalf of Garry Rothbaum. (Tufaro, Gina)
April 12, 2016 Opinion or Order Filing 5 RESPONSE re: #4 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Andrew L. Carter, Jr. from Jeffrey J. Chapman dated April 7, 2016. . Document filed by Garry Rothbaum. (Tufaro, Gina)
April 7, 2016 Opinion or Order Filing 4 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Andrew L. Carter, Jr. from Jeffrey J. Chapman dated April 7, 2016. Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit A)(Chapman, Jeffrey)
April 1, 2016 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey James Chapman. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Nassau. (pc)
April 1, 2016 Opinion or Order Magistrate Judge Sarah Netburn is so designated. (pc)
April 1, 2016 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
April 1, 2016 Opinion or Order Case Designated ECF. (pc)
March 31, 2016 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BANA Holdings Corporation, Other Affiliate BAC North America Holding Company, Other Affiliate Bank Of America Corporation, Other Affiliate NB Holdings Corporation for Bank of America, N.A.. Document filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chapman, Jeffrey)
March 31, 2016 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Chapman, Jeffrey)
March 31, 2016 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651044/2016. (Filing Fee $ 400.00, Receipt Number 0208-12131665).Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Chapman, Jeffrey)

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Defendant: Bank of America, N.A.
Represented By: Carlo L. Rodes
Represented By: Jeffrey James Chapman
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Plaintiff: Rothbaum
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Plaintiff: Garry Rothbaum
Represented By: Gina M Tufaro
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