Charles v. TD Bank, N.A. et al
| Marilyn M. Charles |
| Oslen Charles and TD Bank, N.A. |
| 1:2018cv08613 |
| September 20, 2018 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Banks and Banking |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on November 15, 2018. A more recent docket listing may be available from PACER.
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Filing 21
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Analisa Torres on 11/15/2018) (cf)
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Filing 20
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties (do not consent) to conducting all farther proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is not to be tried to a jury. All fact discove1y shall be completed no later than March 7, 2019. Depositions to be completed by March 7, 2019. All expert discovery shall be completed no later than April 18, 2019. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3 days. The next Case Management Conference is scheduled for March 25, 2019 at 3:50 p.m. (As further set forth in this Order.) Deposition due by 3/7/2019. Fact Discovery due by 3/7/2019. Expert Discovery due by 4/18/2019. Case Management Conference set for 3/25/2019 at 03:50 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 11/15/2018) (cf)
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| Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 11/15/2018. (EK) |
| Filing 19 PROPOSED CASE MANAGEMENT PLAN. Document filed by TD Bank, N.A.. (Carter, Ralph) |
| Filing 18 JOINT LETTER addressed to Judge Analisa Torres from Ralph Carter, Esq. dated November 8, 2018 re: Court's Initial Pretrial Conference Order dated September 26, 2018. Document filed by TD Bank, N.A..(Carter, Ralph) |
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Filing 17
ORDER: Having reviewed Defendant T.D. Bank, N.A. 's (T.D. Bank") letter dated October 23, 2018, ECF No. 12, and Plaintiff's response dated October 30, 2018, ECF No. 15, it is hereby ORDERED that: 1. By December 4, 2018, T.D. Bank shall file its motion to dismiss; 2. By December 18, 2018, Plaintiff shall file her opposition; and 3. By December 28, 2018, T.D. Bank shall file its reply, if any. (Motions due by 12/4/2018., Responses due by 12/18/2018, Replies due by 12/28/2018.) (Signed by Judge Analisa Torres on 11/6/2018) (cf)
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Filing 16
ORDER granting #14 Letter Motion for Leave to File Document. GRANTED. Plaintiff's reply shall be filed by October 30, 2018. SO ORDERED. (Signed by Judge Analisa Torres on 10/30/2018) (jca)
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| Filing 15 LETTER addressed to Judge Analisa Torres from John F. McHugh dated 10/30/2018 re: Reply to defendants request for leave to file a motion to dismiss. Document filed by Marilyn M. Charles.(McHugh, John) |
| Filing 14 LETTER MOTION for Leave to File Strike letter eroniously filed and replace it with the intended letter addressed to Judge Analisa Torres from John F. McHugh dated 10/30/2018. Document filed by Marilyn M. Charles.(McHugh, John) |
| ***STRICKEN DOCUMENT. Deleted document number 13 from the case record. The document was stricken from this case pursuant to #16 Order on Motion for Leave to File Document. (jca) |
| Filing 13 LETTER addressed to Judge Analisa Torres from John F. McHugh dated 10/29/2018 re: reply to defendant's letter seeking leave to file a motion to dismiss. Document filed by Marilyn M. Charles.(McHugh, John) |
| Filing 12 LETTER addressed to Judge Analisa Torres from Ralph Carter dated October 23, 2018 re: Pre-motion Letter Stating the Bases for TD Bank, N.A.'s Anticipated Motion to Dismiss the Amended Complaint. Document filed by TD Bank, N.A..(Carter, Ralph) |
| Filing 11 LETTER RESPONSE to Motion addressed to Judge Analisa Torres from John F. McHugh dated 'septeber28, 2018 re: #8 LETTER MOTION for Extension of Time to October 31, 2018 addressed to Judge Analisa Torres from Ralph Carter, Esq. dated September 27, 2018. . Document filed by Marilyn M. Charles. (McHugh, John) |
| Filing 10 LETTER RESPONSE to Motion addressed to Judge Analisa Torres from John F. McHugh dated September 28, 2018 re: #8 LETTER MOTION for Extension of Time to October 31, 2018 addressed to Judge Analisa Torres from Ralph Carter, Esq. dated September 27, 2018. . Document filed by Marilyn M. Charles. (McHugh, John) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. GRANTED. (Signed by Judge Analisa Torres on 9/27/2018) (cf)
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| Filing 8 LETTER MOTION for Extension of Time to October 31, 2018 addressed to Judge Analisa Torres from Ralph Carter, Esq. dated September 27, 2018. Document filed by TD Bank, N.A..(Carter, Ralph) |
| Set/Reset Deadlines: TD Bank, N.A. answer due 10/31/2018. (cf) |
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Filing 7
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 9/26/2018) (cf)
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Filing 6
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 11/15/2018 at 11:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 9/26/2018) (cf)
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| Filing 5 CERTIFICATE OF SERVICE of Notice of Removal, Civil Cover Sheet, TD Bank, N.A.s Rule 7.1 Corporate Disclosure Statement, Judges' Rules served on Counsel for Plaintiff John F. McHugh, Esq., and Oslen Charles on 9/21/2018. Document filed by TD Bank, N.A.. (Carter, Ralph) |
| Filing 4 CIVIL COVER SHEET filed. (Carter, Ralph) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ralph Jeffrey Carter to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): pdf case caption does not exactly match initial pleading caption; Citizenship Plaintiff and Citizenship Defendant codes must only be selected when Diversity Jurisdiction code is selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Debra C. Freeman 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. (jgo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Toronto-Dominion Bank, Corporate Parent TD Bank US Holding Company, Corporate Parent TD Group US Holdings LLC for TD Bank, N.A.. Document filed by TD Bank, N.A..(Carter, Ralph) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Carter, Ralph) Modified on 9/21/2018 (jgo). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 652291/2018. (Filing Fee $ 400.00, Receipt Number 0208-15596129).Document filed by TD Bank, N.A.. (Attachments: #1 Exhibit A - Excerpt of List of National Banks Active as of 8/31/2018, #2 Exhibit 1 - Summons, #3 Exhibit 2 - Complaint, #4 Exhibit 3 - Affidavit of Service, #5 Exhibit 4 - Stipulation filed June 4, 2018, #6 Exhibit 5 - Stipulation filed July 3, 2018, #7 Exhibit 6 - Stipulation filed July 27, 2018, #8 Exhibit 7 - Stipulation filed August 20, 2018, #9 Exhibit 8 - Amended Complaint, #10 Exhibit 9 - Plaintiffs First Demand for Documents and Materials from TD Bank, N.A.)(Carter, Ralph) |
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