Lesser et al v. TD Bank, N.A., et al
Joseph S Lesser, Loeb Partners Realty LLC and Joseph S. Lesser |
TD Bank, N.A.,, Capital One, N.A. and Does 1-10 |
1:2018cv09922 |
October 26, 2018 |
US District Court for the Southern District of New York |
Deborah A Batts |
Contract: Other |
28 U.S.C. § 1441 nr |
Defendant |
Docket Report
This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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Filing 26 ORDER granting #23 Letter Motion for Extension of Time to File Response/Reply re #14 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Replies due by 1/11/2019. GRANTED. Reply must be filed by 1/11/19. SO ORDERED. (Signed by Judge Deborah A. Batts on 12/17/2019) (rro) |
Filing 25 ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply re #17 MOTION to Dismiss Notice of Motion to Dismiss Complaint. Replies due by 1/11/2019. GRANTED. Reply must be filed by 1/11/19. SO ORDERED. (Signed by Judge Deborah A. Batts on 12/17/2018) (rro) |
Filing 24 LETTER MOTION for Extension of Time to File Response/Reply as to #19 Memorandum of Law in Support of Motion, #18 Declaration in Support of Motion, #17 MOTION to Dismiss Notice of Motion to Dismiss Complaint. addressed to Judge Deborah A. Batts from Todd M. Gardella, Esq. dated December 14, 2018. Document filed by Capital One, N.A..(Gardella, Todd) |
Filing 23 LETTER MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6)., #15 Memorandum of Law in Support of Motion, #16 Declaration in Support of Motion addressed to Judge Deborah A. Batts from Ralph Carter, Esq. dated December 14, 2018. Document filed by TD Bank, N.A.,.(Carter, Ralph) |
Filing 22 MEMORANDUM OF LAW in Opposition re: #17 MOTION to Dismiss Notice of Motion to Dismiss Complaint. . Document filed by Joseph S. Lesser, Loeb Partners Realty LLC. (Attachments: #1 Affidavit Parness Affirmation in Opposition to Motion to Dismiss, #2 Exhibit EX A: Capital One Statement w Honored Check)(Parness, Hillel) |
Filing 21 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Joseph S. Lesser, Loeb Partners Realty LLC. (Attachments: #1 Affidavit Affirmation of Hillel I. Parness in Opposition to TD Motion to Dismiss, #2 Exhibit EX A: Redacted Lesser TD Bank Statement)(Parness, Hillel) |
Filing 20 CERTIFICATE OF SERVICE of Notice of Motion, Declaration in Support; Memorandum of Law in Support served on Hillel Ira Parness, Esq., Ralph Jeffrey Carter, Esq. on 11/30/18. Document filed by Capital One, N.A.. (Gardella, Todd) |
Filing 19 MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss Notice of Motion to Dismiss Complaint. . Document filed by Capital One, N.A.. (Gardella, Todd) |
Filing 18 DECLARATION of Todd M. Gardella, Esq. in Support re: #17 MOTION to Dismiss Notice of Motion to Dismiss Complaint.. Document filed by Capital One, N.A.. (Attachments: #1 Exhibit A)(Gardella, Todd) |
Filing 17 MOTION to Dismiss Notice of Motion to Dismiss Complaint. Document filed by Capital One, N.A.. Responses due by 12/14/2018(Gardella, Todd) |
Filing 16 DECLARATION of Ralph Carter in Support re: #14 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by TD Bank, N.A.,. (Attachments: #1 Exhibit A - Complaint)(Carter, Ralph) |
Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by TD Bank, N.A.,. (Carter, Ralph) |
Filing 14 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by TD Bank, N.A.,. Responses due by 12/12/2018(Carter, Ralph) |
Filing 13 ORDER granting #12 Letter Motion for Extension of Time to Answer re #1 Notice of Removal. GRANTED. Defendant is advised that requests for extension of time must be sought at least one week prior to the expiration of the current deadline. See Individual Rule I.E. (TD Bank, N.A., answer due 11/28/2018.) (Signed by Judge Deborah A. Batts on 11/2/2018) (rro) |
Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal,, addressed to Judge Deborah A. Batts from Ralph Carter dated November 2, 2018. Document filed by TD Bank, N.A.,.(Carter, Ralph) |
Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Loeb Partners Realty LLC.(Parness, Hillel) |
Filing 10 NOTICE OF APPEARANCE by Hillel Ira Parness on behalf of Joseph S. Lesser, Loeb Partners Realty LLC. (Parness, Hillel) |
Filing 9 ORDER granting #7 Letter Motion for Extension of Time to Answer re #1 Notice of Removal. GRANTED. SO ORDERED. (Capital One, N.A. answer due 11/30/2018.) (Signed by Judge Deborah A. Batts on 11/1/2018) (rro) |
Filing 8 PROPOSED CONSENT ORDER. Document filed by TD Bank, N.A.,. (Carter, Ralph) |
Filing 7 LETTER MOTION for Extension of Time to File Answer addressed to Judge Deborah A. Batts from Todd M. Gardella, Esq. dated October 30, 2018. Document filed by Capital One, N.A..(Gardella, Todd) |
Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capital One Financial Corporation for Capital One, N.A.. Document filed by Capital One, N.A..(Gardella, Todd) |
Filing 5 NOTICE OF APPEARANCE by Todd M. Gardella on behalf of Capital One, N.A.. (Gardella, Todd) |
Filing 4 CIVIL COVER SHEET filed. (Carter, Ralph) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. 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. (pne) |
***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 reasons: NATURE OF SUIT SELECTED ON THE CIVIL COVER SHEET (430) CAN NOT BE SELECTED WITH BASIS OF JURISDICTION DIVERSITY; NATURE OF SUIT OR BASIS OF JURISDICTION MUST BE MODIFIED. PLEASE REFER TO THE SDNY CIVIL STATISTICAL CASE OPENING CODES MANUAL FOR VALID NATURE OF SUIT/JURISDICTION COMBINATIONS. 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.. (pne) |
Magistrate Judge Gabriel W. Gorenstein 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. (pne) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ralph Jeffrey Carter re: Document No. #1 Notice of Removal. The filing is deficient for the following reasons: all of the parties listed on the pleading were not entered on CM ECF; 'Does 1-10' must be added to CM ECF. Docket the event type Add Party for Pleading found under the event list Complaints and Other Initiating Documents. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne) |
Case Designated ECF. (pne) |
ADD PARTY FOR PLEADING. Defendants/Respondents Does 1-10 added. Party added pursuant to #1 Notice of Removal,,.Document filed by Does 1-10. Related document: #1 Notice of Removal,,.(Carter, Ralph) |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Toronto-Dominion Bank, Other Affiliate TD Bank US Holding Company, Other Affiliate 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 10/29/2018 (pne). |
Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 158910/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-15818725).Document filed by TD Bank, N.A.,. (Attachments: #1 Exhibit Tab A - Ryan v. Loeb Partners Realty - EDPA Notice of Removal, #2 Exhibit Tab B - TD Bank Page from national-by-name-pdf, #3 Exhibit Tab C - Capital One Page from national-by-name-pdf, #4 Exhibit Tab D - Capital One Consent to Removal, #5 Exhibit Lesser Exhibit 1 - Summons and Complaint, #6 Exhibit Lesser Exhibit 2 - Supplemental Summons, #7 Exhibit Lesser Exhibit 3 - Affidavit of Service, #8 Exhibit Lesser Exhibit 4 Affidavit of Service, #9 Exhibit Lesser Exhibit 5 Stipulation)(Carter, Ralph) |
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