Gifford v. Knuckles, Komosinski & Elliot LLP et al
| Orinthia Gifford |
| Knuckles, Komosinski & Elliot LLP, M&T Mortgage Corporation, United Northern Mortgage Bankers, Ltd, Aurora Loan Servicing, LLC, Mortgage Electronic Registration Systems, Inc. and Nationstar Mortgage, LLC |
| 1:2018cv06324 |
| July 13, 2018 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Henry B Pitman |
| Cathy Seibel |
| Other Fraud |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 28
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Henry B. Pitman. Motions referred to Henry B. Pitman. (Signed by Judge Paul A. Engelmayer on 9/6/2018) (anc)
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| Filing 27 MOTION to Dismiss Plaintiff's Complaint. Document filed by United Northern Mortgage Bankers, Ltd. (Attachments: #1 Declaration of Mitchell R. Goldklang, #2 Exhibit Summons and Complaint civil, #3 Exhibit Summons and Complaint foreclosure, #4 Exhibit First Assignment of Mortgage, #5 Exhibit Second Assignment of Mortgage, #6 Exhibit Judgement of foreclosure, #7 Exhibit Judgement of foreclosure, #8 Exhibit Deed, #9 Exhibit Assignment of Bid to Mers, #10 Exhibit Holdover Petition, #11 Exhibit Stipulation of Settlement, #12 Exhibit Order to Show Cause, #13 Exhibit Notice of Entry, #14 Exhibit Order, #15 Exhibit Appellate Order, #16 Text of Proposed Order, #17 Corporate Disclosure, #18 Certification of Service)(Goldklang, Mitchell) |
| Filing 26 MOTION to Dismiss the Complaint of Plaintiff Orinthia Gifford. Document filed by M&T Mortgage Corporation. Responses due by 9/21/2018 (Attachments: #1 Memorandum of Law, #2 Declaration of Scott W. Parker in Support of Defendant M&T's Motion to Dismiss, #3 Exhibit 1 - Summons and Complaint Foreclosure Action, #4 Exhibit 2 - Judgment of Foreclosure and Sale with Notice of Entry and Referees Report, #5 Exhibit 3 - May 18, 2007 Order, #6 Exhibit 4 - February 28, 2008 Order, #7 Exhibit 5 - Referees Deed, #8 Exhibit 6 - Assignment of Bid, #9 Exhibit 7 - Holdover Petition, #10 Exhibit 8 - Stipulation of Settlement, #11 Exhibit 9 - February 2012 Order to Show Cause, #12 Exhibit 10 - May 15, 2012 Order, #13 Exhibit 11 - April 17, 2013 Order, #14 Exhibit 12 - Appellate Order affirming the Judgment of Foreclosure and Sale, #15 Text of Proposed Order, #16 Certification of Service)(Parker, Scott) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Scott Wesley Parker to RE-FILE Document #23 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wilmington Trust Corporation, Corporate Parent M&T Bank Corporation for M&T Mortgage Corporation. Document filed by M&T Mortgage Corporation. (Attachments: #1 Certification of Service)(Parker, Scott) |
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Filing 24
MEMO ENDORSEMENT on re: #18 Letter filed by United Northern Mortgage Bankers, Ltd. ENDORSEMENT: Defendants' time to answer or move with respect to the complaint is adjourned to September 17, 2018. All counsel are directed to meet and confer and to submit a proposed schedule for defendants' contemplated motion to dismiss. Given the religious holidays in September, I am reluctant to impose a schedule without counsels' input. SO ORDERED. Aurora Loan Servicing, LLC answer due 9/17/2018; Knuckles, Komosinski & Elliot LLP answer due 9/17/2018; M&T Mortgage Corporation answer due 9/17/2018; Mortgage Electronic Registration Systems, Inc. answer due 9/17/2018; Nationstar Mortgage, LLC answer due 9/17/2018; United Northern Mortgage Bankers, Ltd answer due 9/17/2018. (Signed by Magistrate Judge Henry B. Pitman on 8/24/2018) (ne)
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| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by M&T Mortgage Corporation. Return Date set for 10/5/2018 at 09:30 AM. (Attachments: #1 Declaration of Scott W. Parker in support of Defendant M&T's Motion To Dismiss, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Memorandum of Law in support of Defendant's Motion To Dismiss Plaintiff's Complaint, #15 Text of Proposed Order, #16 Certification of Service)(Parker, Scott) Modified on 8/29/2018 (ldi). |
| Filing 22 LETTER addressed to Magistrate Judge Henry B. Pitman from Laurence P. Chirch, Esq. dated August 23, 2018 re: Joining in Request for Extension of Time and Briefing Schedule for Anticipated Motions to Dismiss. Document filed by Aurora Loan Servicing, LLC, Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage, LLC.(Chirch, Laurence) |
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Filing 21
ORDER terminating #10 Letter Motion for Conference; denying #20 Letter Motion for Conference. Denied. As counsel rightly notes, this Court does not require a pre-motion conference in advance of motions to dismiss. Because this matter is referred to Magistrate Judge Pitman for general pretrial supervision, the Court believes Judge Pitman is best situated to set a briefing schedule for any motion to dismiss. Accordingly, the Court declines to set a schedule at this time. In the event one or more motions to dismiss are filed, the Court anticipates that it will refer consideration of such a motion to Judge Pitman. The parties are therefore directed to address any concerns as to the scheduling of a motion to dismiss to Judge Pitman. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/23/2018) (anc)
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| Filing 20 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from Scott W. Parker, Esq. dated August 22, 2018. Document filed by M&T Mortgage Corporation.(Parker, Scott) |
| Filing 19 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by M&T Mortgage Corporation. (Attachments: #1 Certificate of Service)(Parker, Scott) Modified on 8/22/2018 (lb). |
| Filing 18 LETTER addressed to Magistrate Judge Henry B. Pitman from Mitchell R. Goldklang, Esq. dated 08/22/2018 re: Request for Extension of Time. Document filed by United Northern Mortgage Bankers, Ltd.(Goldklang, Mitchell) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Scott Wesley Parker to RE-FILE Document #19 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Filing 17 NOTICE OF APPEARANCE by Scott Wesley Parker on behalf of M&T Mortgage Corporation. (Attachments: #1 Certification of Service)(Parker, Scott) |
| Set/Reset Hearings: Initial Pretrial Conference set for 10/11/2018 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint. United Northern Mortgage Bankers, Ltd served on 7/18/2018, answer due 8/8/2018. Service was accepted by Anna "Doe", Clerk, Accounting Dept. Document filed by Orinthia Gifford. (sc) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint. Aurora Loan Servicing, LLC served on 7/19/2018, answer due 8/9/2018. Service was accepted by Anne Grigorakis, Clerk, CT Corp. Service Company. Document filed by Orinthia Gifford. (sc) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint. M&T Mortgage Corporation served on 8/2/2018, answer due 8/23/2018. Service was accepted by Mary Dutan, Banker. Document filed by Orinthia Gifford. (sc) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Nationstar Mortgage, LLC served on 7/19/2018, answer due 8/9/2018. Service was accepted by Anne Grigorakis, Clerk, CT Corp. Document filed by Orinthia Gifford. (sc) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Mortgage Electronic Registration Systems, Inc. served on 7/19/2018, answer due 8/9/2018. Service was accepted by Nora Dindyal, Clerk, CT Corp. Document filed by Orinthia Gifford. (sc) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Knuckles, Komosinski & Elliot LLP served on 7/13/2018, answer due 8/3/2018. Service was accepted by Margarita Bjorkander, Eviction Supervisor. Document filed by Orinthia Gifford. (sc) |
| Filing 10 LETTER MOTION for Conference re: #6 Letter, #4 Letter (Request for Pre-Motion Conference re: anticipated Motion to Dismiss or, in the alternative, for a briefing schedule) addressed to Judge Cathy Seibel from Laurence P. Chirch, Esq. dated August 7, 2018. Document filed by Aurora Loan Servicing, LLC, Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage, LLC.(Chirch, Laurence) |
| Filing 9 NOTICE OF APPEARANCE by Laurence Phillip Chirch on behalf of Aurora Loan Servicing, LLC, Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage, LLC. (Attachments: #1 Aff. of Service)(Chirch, Laurence) |
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Filing 8
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Paul A. Engelmayer on 8/1/2018) (anc)
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| Filing 6 LETTER addressed to Judge Cathy Seibel from John E. Brigandi, Esq. dated July 25, 2018 re: Defendant's request for a pre-motion conference. Document filed by Knuckles, Komosinski & Elliot LLP.(Brigandi, John) |
| Filing 5 NOTICE OF APPEARANCE by John E. Brigandi on behalf of Knuckles, Komosinski & Elliot LLP. (Brigandi, John) |
| Filing 4 LETTER addressed to Judge Cathy Seibel from Mitchell R. Goldklang dated 07/24/2018 re: Letter Application requesting pre motion conference. Document filed by United Northern Mortgage Bankers, Ltd.(Goldklang, Mitchell) |
| Filing 3 NOTICE OF APPEARANCE by Mitchell R. Goldklang on behalf of United Northern Mortgage Bankers, Ltd. (Goldklang, Mitchell) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Cathy Seibel is no longer assigned to the case. (jc) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry B. Pitman. Please note that this is a reassignment of the designation only. (jc) |
| Mailed letter to Pro Se Plaintiff Orinthia Gifford at c/o 4160 Digney Ave., Bronx, NY 10466 re: Notice of Case Assignment/Reassignment on 7/19/18. (jc) |
| Filing 2 CIVIL COVER SHEET filed. (sj) |
| Filing 1 COMPLAINT against Aurora Loan Servicing, LLC, Knuckles, Komosinski & Elliot LLP, M&T Mortgage Corporation, Mortgage Electronic Registration Systems, Inc., United Northern Mortgage Bankers, Ltd., Nationstar Mortgage, LLC (Filing Fee $ 400.00, Receipt Number 465407016096)Document filed by Orinthia Gifford. (Attachments: #1 Exhibit)(sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj) |
| SUMMONS ISSUED as to Knuckles, Komosinski & Elliot LLP. (sj) |
| SUMMONS ISSUED as to Mortgage Electronic Registration Systems, Inc.. (sj) |
| SUMMONS ISSUED as to Nationstar Mortgage, LLC. (sj) |
| SUMMONS ISSUED as to M&T Mortgage Corporation. (sj) |
| SUMMONS ISSUED as to Aurora Loan Servicing, LLC. (sj) |
| SUMMONS ISSUED as to United Northern Mortgage Bankers, Ltd. (sj) |
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