Anderjaska et al v. Bank of America, N.A. et al
Teena Colebrook, Charles Witte, on behalf of themselves and all others similarly situated, John Anderjaska, Joel Griffith, Calvin Williams, Art Heineman, Chungyao Chen and Charles Witte |
Capital One, N.A., Wells Fargo Bank, N.A., J.P. Morgan Chase, N.A., Citibank, N.A. and Bank of America, N.A. |
1:2019cv03057 |
April 5, 2019 |
US District Court for the Southern District of New York |
Gabriel W Gorenstein |
Laura Taylor Swain |
Other Fraud |
28 U.S.C. § 1332 fr |
Plaintiff |
Docket Report
This docket was last retrieved on August 16, 2022. A more recent docket listing may be available from PACER.
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Filing 45 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BANA Holding Corporation, Corporate Parent BAC North America Holding Company, Corporate Parent Bank Of America Corporation, Corporate Parent NB Holdings Corporation, Other Affiliate Berkshire Hathaway Inc. for Bank of America, N.A.. Document filed by Bank of America, N.A..(Gould, Gabrielle) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gabrielle Lisa Gould to RE-FILE Document #44 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. (ldi) |
Filing 44 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BANA Holding Corporation; BAC North America Holding Corporation; NB Holdings Corporation, Bank of America Corporation, as Corporate Parent, Other Affiliate Berkshire Hathaway Inc. for Bank of America, N.A.. Document filed by Bank of America, N.A..(Gould, Gabrielle) Modified on 8/7/2019 (ldi). |
Filing 43 ORDER granting #42 Letter Motion to Substitute Attorney. Granted. SO ORDERED. Attorney Amanda Lyn Genovese terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/26/2019) (kv) |
Filing 42 LETTER MOTION to Substitute Attorney. Old Attorney: Amanda Lyn Genovese, New Attorney: Stephen Jay Steinlight addressed to Judge Laura Taylor Swain from Amanda Lyn Genovese dated June 25, 2019. Document filed by Wells Fargo Bank, N.A..(Genovese, Amanda) |
Filing 41 REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Remand to State Court . . Document filed by John Anderjaska, Chungyao Chen, Teena Colebrook, Joel Griffith, Art Heineman, Calvin Williams, Charles Witte. (Neuman, Jonathan) |
Filing 40 NOTICE OF APPEARANCE by Stephen Jay Steinlight on behalf of Wells Fargo Bank, N.A.. (Steinlight, Stephen) |
Filing 39 DECLARATION of Brad M. Elias in Opposition re: #25 MOTION to Remand to State Court .. Document filed by J.P. Morgan Chase, N.A.. (Attachments: #1 Exhibit Chase's Articles of Association, #2 Exhibit 2 - Bank of America's Articles of Association, #3 Exhibit 3 - Capital One's Articles of Association, #4 Exhibit 4 - Citibank's Articles of Association, #5 Exhibit 5 - Wells Fargo's Articles of Association)(Miller, Pamela) |
Filing 38 MEMORANDUM OF LAW in Opposition re: #25 MOTION to Remand to State Court . (Defendants' Memorandum Of Law In Opposition To Plaintiffs' Motion For Remand). Document filed by J.P. Morgan Chase, N.A.. (Miller, Pamela) |
Filing 37 ORDER FOR ADMISSION PRO HAC VICE: granting #35 Motion for Kathleen M. Knudsen to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/30/2019) (ama) |
Filing 36 ORDER FOR ADMISSION PRO HAC VICE: granting #34 Motion for John C. Lynch to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/30/2019) (ama) |
Filing 35 MOTION for Kathleen M. Knudsen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Affidavit in Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Knudsen, Kathleen) |
Filing 34 MOTION for John C. Lynch to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Affidavit In Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Lynch, John) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for John C. Lynch to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #35 MOTION for Kathleen M. Knudsen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 33 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kathleen M. Knudsen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Affidavit In Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Knudsen, Kathleen) Modified on 5/29/2019 (wb). |
Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John C. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16931305. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Affidavit In Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Lynch, John) Modified on 5/22/2019 (wb). |
Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kathleen M. Knudsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16931219. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Affidavit In Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order)(Knudsen, Kathleen) Modified on 5/22/2019 (wb). |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for Kathleen M. Knudsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16931219. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #32 MOTION for John C. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16931305. Motion and supporting papers to be reviewed by Clerk's Office staff., #33 MOTION for Kathleen M. Knudsen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
Filing 30 ORDER ON MOTION TO PRACTICE PRO HAC VICE: granting #29 Motion for Megan Webster to Appear Pro Hac Vice. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/20/2019) (ama) |
Filing 29 MOTION for Megan Webster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16904806. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citibank, N.A.. (Attachments: #1 Affidavit of Megan Webster, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order for Pro Hac Vice Admission)(Webster, Megan) |
Filing 28 ORDER ON MOTION TO PRACTICE PRO HAC VICE: granting #27 Motion for Lucia Nale to Appear Pro Hac Vice. SO ORDERED.(Signed by Magistrate Judge Gabriel W. Gorenstein on 5/17/2019) (ama) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Megan Webster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16904806. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
Filing 27 MOTION for Lucia Nale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16898782. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citibank, N.A.. (Attachments: #1 Affidavit of Lucia Nale, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order for Pro Hac Vice Admission)(Nale, Lucia) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Lucia Nale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16898782. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Remand to State Court . . Document filed by John Anderjaska, Chungyao Chen, Teena Colebrook, Joel Griffith, Art Heineman, Calvin Williams, Charles Witte. (Attachments: #1 Exhibit Exhibit 1 - Summons and Complaint with Affidavits of Service)(Neuman, Jonathan) |
Filing 25 MOTION to Remand to State Court . Document filed by John Anderjaska, Chungyao Chen, Teena Colebrook, Joel Griffith, Art Heineman, Calvin Williams, Charles Witte.(Neuman, Jonathan) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jonathan Ellery Neuman to RE-FILE Document #19 MOTION to Remand to State Court . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
Filing 24 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..(Schaeffer, Seth) |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #23 MOTION for Lucia Nale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16857266. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lucia Nale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16857266. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citibank, N.A.. (Attachments: #1 Affidavit of Lucia Nale in Support of Motion, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Nale, Lucia) Modified on 5/10/2019 (wb). |
Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citigroup, Inc. for Citibank, N.A.. Document filed by Citibank, N.A..(Rosa, Jennifer) |
Filing 21 NOTICE OF APPEARANCE by Jennifer Marie Rosa on behalf of Citibank, N.A.. (Rosa, Jennifer) |
Filing 20 CERTIFICATE OF SERVICE of Notice of Motion served on Citibank, N.A. on 5/6/2019. Service was accepted by Megan Webster, Attorney. Document filed by John Anderjaska, Chungyao Chen, Teena Colebrook, Joel Griffith, Art Heineman, Calvin Williams, Charles Witte. (Neuman, Jonathan) |
Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by John Anderjaska, Chungyao Chen, Teena Colebrook, Joel Griffith, Art Heineman, Calvin Williams, Charles Witte. (Attachments: #1 Exhibit Exhibit 1 - Summons and Complaint with Affidavits of Service)(Neuman, Jonathan) Modified on 5/14/2019 (ldi). |
Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WFC Holdings Corporation for Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A..(Genovese, Amanda) |
Filing 17 ORDER FOR ADMISSION PRO HAC VICE: granting #13 Motion for Jarrod D. Shaw to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/03/2019) (ama) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Jarrod D. Shaw to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16741914. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 16 ORDER OF REFERENCE TO A 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 Gabriel W. Gorenstein. SO ORDERED. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Laura Taylor Swain on 5/02/2019) (ama) |
Filing 15 ORDER: granting #14 Letter Motion for Extension of Time to Answer. (Defendants therefore respectfully request that their deadline to answer, move, or otherwise respond to the Complaint be extended until 45 days after Plaintiffs' motion for remand is decided). The foregoing extension requests are Granted. DE # 14 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/26/2019) (ama) |
Filing 14 LETTER MOTION for Extension of Time to File Answer (Until 45 days after Plaintiffs' motion for remand is decided) addressed to Judge Laura Taylor Swain from Pamela A. Miller dated April 24, 2019. Document filed by J.P. Morgan Chase, N.A..(Miller, Pamela) |
Filing 13 MOTION for Jarrod D. Shaw to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16741914. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Capital One, N.A.. (Attachments: #1 Affidavit of Jarrod D. Shaw, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order)(Shaw, Jarrod) |
Filing 12 NOTICE OF APPEARANCE by Seth A. Schaeffer on behalf of Capital One, N.A.. (Schaeffer, Seth) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Amanda Lyn Genovese to RE-FILE Document #6 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates 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). (ldi) |
Filing 11 ORDER granting #10 LETTER MOTION for Extension of Time to File Answer re: 1 Notice of Removal, (On Behalf Of All Defendants Regarding The Complaint) addressed to Judge Laura Taylor Swain from Pamela A. Miller dated April 11, 2019. Document filed by J.P. Morgan Chase, N.A. The requested extension is granted. DE #10 resolved. So ordered. Bank of America, N.A. answer due 5/17/2019; Capital One, N.A. answer due 5/17/2019; Citibank, N.A. answer due 5/17/2019; J.P. Morgan Chase, N.A. answer due 5/17/2019; Wells Fargo Bank, N.A. answer due 5/17/2019. (Signed by Judge Laura Taylor Swain on 4/11/2019) (rjm) |
Filing 10 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal,, (On Behalf Of All Defendants Regarding The Complaint) addressed to Judge Laura Taylor Swain from Pamela A. Miller dated April 11, 2019. Document filed by J.P. Morgan Chase, N.A..(Miller, Pamela) |
Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank Of America Corporation for Bank of America, N.A.. Document filed by Bank of America, N.A..(Gould, Gabrielle) |
Filing 8 NOTICE OF APPEARANCE by Gabrielle Lisa Gould on behalf of Bank of America, N.A.. (Gould, Gabrielle) |
Filing 7 NOTICE OF APPEARANCE by Brian Edward Pastuszenski on behalf of Bank of America, N.A.. (Pastuszenski, Brian) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Pamela Addison Miller. The party information for the following party/parties has been modified: John Anderjaska; Chungyao Chen; Teena Colebrook; Joel Griffith; Art Heineman; Calvin Williams; Charles Witte. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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) |
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. (jgo) |
Case Designated ECF. (jgo) |
Filing 6 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wells Fargo Bank, N.A..(Genovese, Amanda) Modified on 4/12/2019 (ldi). |
Filing 5 NOTICE OF APPEARANCE by Amanda Lyn Genovese on behalf of Wells Fargo Bank, N.A.. (Genovese, Amanda) |
Filing 4 CERTIFICATE OF SERVICE of Notice of Removal served on all Plaintiffs, Bank of America, N.A., Capital One, N.A., Citibank, N.A., and Wells Fargo Bank, N.A.. Service was made by Mail. Document filed by J.P. Morgan Chase, N.A.. (Miller, Pamela) |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co. for J.P. Morgan Chase, N.A.. Document filed by J.P. Morgan Chase, N.A..(Miller, Pamela) |
Filing 2 CIVIL COVER SHEET filed. (Miller, Pamela) |
Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 151484/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-16629909).Document filed by J.P. Morgan Chase, N.A.. (Attachments: #1 Exhibit A - Copy of "all process, pleadings, and orders" received by Chase, #2 Exhibit B - Bank of America's consent to removal, #3 Exhibit C - Capital One's consent to removal, #4 Exhibit D - Citibank's consent to removal, #5 Exhibit E - Wells Fargo's consent to removal, #6 Exhibit F - Werner Declaration ISO Notice of Removal)(Miller, Pamela) |
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