Vorburger v. JP Morgan Chase Bank, National Bank
| Sophie Cohen Vorburger and Sophie Cahen Vorburger |
| JP Morgan Chase Bank, National Bank, JP Morgan Chase National Association and JP Morgan Chase Bank National Association |
| 1:2018cv07515 |
| August 17, 2018 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| J Paul Oetken |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 26
ORDER denying #3 Letter Motion to Stay. For the reasons stated from the bench, under the Rooker-Feldman doctrine, Plaintiff's emergency motion for injunctive relief is DENIED. The temporary restraining order entered on August 17, 2018 in the Order to Show Cause (Dkt. No. 4) is hereby dissolved. The Clerk of Court is directed to close the motion at Docket Number 3. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 9/21/2018) (cf)
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| Filing 25 FIRST AMENDED COMPLAINT; re: amending #2 Complaint against JP Morgan Chase Bank National Association.Document filed by Sophie Cahen Vorburger. Related document: #2 Complaint.(sc) |
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Filing 24
ORDER on re: #22 Letter, filed by Sophie Cahen Vorburger. Plaintiffs requests are DENIED. The Order to Show Cause hearing will proceed as scheduled on September 21, 2018, at 3:00 p.m. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/21/2018) Copy mailed to pro se party by chambers. (jca)
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| Filing 23 CERTIFICATE OF SERVICE of Opposition to Plaintiff's Order to Show Cause served on Sophie Cahen Vorburger on September 10, 2018. Service was made by Mail. Document filed by JP Morgan Chase National Association. (Auerbach, Michael) |
| Minute Entry for proceedings held before Judge J. Paul Oetken: Show Cause Hearing held on 9/21/2018. Order to follow. (bh) |
| Filing 22 LETTER addressed to Judge J. Paul Oetken from Sophie Cahen Vorburger dated 9/20/2018 re: Plaintiff requests Extension of Time to respond to the Defendant's reply to the Order to Show Cause and Conference. Document filed by Sophie Cahen Vorburger.(kv) |
| Filing 21 DECLARATION of Michael E. Auerbach, Esq. in Opposition re: #3 MOTION to Stay.. Document filed by JP Morgan Chase National Association. (Attachments: #1 Exhibit Affidavit of Possession of Note and Security Agreement, #2 Exhibit Purchase Agreement, #3 Exhibit Recorded UCC Amendment, #4 Exhibit Affidavit of Mailing of Pre-Foreclosure Notices, #5 Exhibit Notice of Default with Proof of Mailing, #6 Exhibit Notice of Sale with Affidavit of Service, #7 Exhibit Certificate of Sale, #8 Exhibit 30 Day Notice of Termination with Supporting Documents and Affidavits of Service, #9 Exhibit Plaintiff's Complaint filed in EDNY Action, #10 Exhibit Notice of Petition of Holdover, #11 Exhibit Plaintiff's OSC filed in EDNY, #12 Exhibit EDNY Docket Report, #13 Exhibit Summons and Complaint filed in New York County Supreme Court, #14 Exhibit Decision denying First State OSC, #15 Exhibit 2/16/2018 Transcript re First State OSC, #16 Exhibit Judgment of Possession, #17 Exhibit Plaintiff's Second State OSC, #18 Exhibit Decision denying Second State OSC, #19 Exhibit 5/17/2018 Transcript re Second State OSC, #20 Exhibit 2018 SDNY Bankruptcy Petition, #21 Exhibit Order lifting automatic stay in 2018 SDNY Bankruptcy, #22 Exhibit Plaintiff's Third State OSC)(Auerbach, Michael) |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #3 MOTION to Stay. . Document filed by JP Morgan Chase National Association. (Auerbach, Michael) |
| Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/17/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 18 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/17/2018 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/1/2018. Redacted Transcript Deadline set for 10/11/2018. Release of Transcript Restriction set for 12/10/2018.(McGuirk, Kelly) |
| Filing 17 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. JP Morgan Chase National Association served on 8/28/2018, answer due 9/18/2018. Service was accepted by Nora Dindyal, Intake Specialist. Document filed by Sophie Cahen Vorburger. (vba) |
| Filing 16 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Service was accepted by Nora Dindyal, Intake Specialist. Document filed by Sophie Cahen Vorburger. (vba) |
| Filing 15 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Service was accepted by Diane Raskin - Executive Legal Assistant. Document filed by Sophie Cahen Vorburger. (aea) |
| Filing 14 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. JP Morgan Chase National Association served on 8/27/2018, answer due 10/26/2018. Service was accepted by Mr. Jed Sonstroem, VP/Legal Counsel. Document filed by Sophie Cahen Vorburger. (aea) |
| Filing 13 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. JP Morgan Chase National Association served on 8/30/2018, answer due 10/29/2018. Service was accepted by Laurie Smith - Legal Department. Document filed by Sophie Cahen Vorburger. (aea) |
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Filing 12
ORDER: granting #10 Letter Motion for Extension of Time. Defendant's motion is GRANTED. Defendant shall file its response to the Order to Show Cause by September 10, 2018. Plaintiff shall serve any reply by September 14, 2018. The Court hereby adjourns the hearing scheduled for September 7, 2018 at 12:00 noon, to September 21, 2018, at 3:00 p.m. The Clerk of the Court is directed to close the motion at Docket Number 10. SO ORDERED. Show Cause Response due by 9/10/2018. (Signed by Judge J. Paul Oetken on 8/29/2018) Copies Mailed By Chambers. (ama)
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| Set/Reset Deadlines: ( Replies due by 9/14/2018.), Set/Reset Hearings:( Show Cause Hearing set for 9/21/2018 at 03:00 PM before Judge J. Paul Oetken.) (ama) |
| Filing 11 CERTIFICATE OF SERVICE of Transcript of 8/17/2018 Hearing re: Plaintiff's Order to Show Cause served on Sophie Cahen Vorburger on August 28, 2018. Service was made by Mail. Document filed by JP Morgan Chase National Association. (Auerbach, Michael) |
| Filing 10 LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from Michael E. Auerbach, Esq. dated August 28, 2018. Document filed by JP Morgan Chase National Association. Return Date set for 9/7/2018 at 12:00 PM. (Attachments: #1 Exhibit Declaration of Service regarding Letter Motion Requesting Extension of Time)(Auerbach, Michael) |
| Filing 9 NOTICE OF APPEARANCE by Michael Auerbach on behalf of JP Morgan Chase National Association. (Attachments: #1 Exhibit Declaration of Service of Notice of Appearance)(Auerbach, Michael) |
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Filing 8
SUPPLEMENTAL ORDER TO SHOW CAUSE: Defendant is ORDERED TO SHOW CAUSE before this Court on September 7, 2018, at 12:00 noon, in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007, why the Notice of Eviction should not be vacated because of defects in the foreclosure of the Residence. The remaining provisions in Judge Failla's Order at Docket Number 4 remain in effect. (Dkt. No. 4 Paragraphs 1, 3-7.) And as set forth herein. SO ORDERED. Show Cause Hearing set for 9/7/2018 at 12:00 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 8/22/2018) Copies Mailed By Chambers. (ama)
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Filing 6
FRCP 4 SERVICE PACKAGE MAILED to Sophie Cahen Vorburger 329 West 108th Street Apt. 1B New York, NY 10025 on 8/21/2018 Re: #5 Order of Service, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sbr)
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| Magistrate Judge Stewart D. Aaron 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. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Unassigned is no longer assigned to the case. (jc) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 8/21/2018 Re: Judge Katherine Polk Failla #5 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed USM forms for each defendant JP MORGAN CHASE. (sbr) |
| SUMMONS ISSUED as to JP Morgan Chase National Association. (sbr) |
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Filing 5
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this Order to Plaintiff, together with an information package. The Clerk of Court is also directed to complete a USM-285 form with multiple addresses for service on Chase (see attached "Defendant and Service Addresses") and deliver all documents necessary to effect service on Chase (including copies of the Court's August 17, 2018 Order to Show Cause, the Complaint, and the Emergency Motion to Stay Eviction (Dkt. #2-4)) to the U.S. Marshals Service. The U.S. Marshals Service must perform service of those documents by personal service. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/20/2018) Copies Mailed By Chambers. (rro)
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Filing 4
ORDER TO SHOW CAUSE: Plaintiff is GRANTED in forma pauperis ("IFP") status, that is, Plaintiff is granted leave to proceed in this Court without prepayment of fees. See 28 U.S.C. 1915. Defendant is ORDERED TO SHOW CAUSE before this Court, in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY on Friday, August 31, 2018 at 10:00 a.m., or, if this case is assigned to another judge, at a time and place specified by that judge in a supplemental order to show cause, why the Notice of Eviction should not be vacated because of defects in the foreclosure of the Residence; as further set forth herein. It is ORDERED that any opposition papers to Plaintiff's Emergency Motion to Stay Eviction from Defendant shall be filed on or before Monday, August 27, 2018, and that any reply from Plaintiff shall be filed on or before Wednesday, August 29, 2018. Show Cause Hearing set for 8/31/2018 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Part One. (Signed by Judge Katherine Polk Failla, Part I on 8/17/2018) (mro)
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| Set/Reset Deadlines: Responses due by 8/27/2018 Replies due by 8/29/2018. (mro) |
| Filing 3 EMERGENCY MOTION to Stay Eviction. Document filed by Sophie Cohen Vorburger.(rdz) |
| Filing 2 COMPLAINT against JP Morgan Chase National Association. Document filed by Sophie Cohen Vorburger.(rdz) Modified on 8/20/2018 (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sophie Cohen Vorburger.(rdz) (Additional attachment(s) added on 8/17/2018: #1 Supplement) (rdz). |
| Case Designated ECF. (rdz) |
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