In Re: Laverne Leonard
| Laverne Leonard |
| Krista M. Preuss |
| Laverne Leonard doing business as LML Realty |
| 1:2020cv06806 |
| August 24, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 17
ORDER: It is ORDERED that Appellee, HSBC Bank USA, NA, is directed to submit and serve on Appellant, within one week from the date of this Order, a proposed order consolidating Nos. 20 cv-1518, 20-cv-1558, 20-cv-6881, and 20-cv-6806. Appellant shall have until November 5, 2020, for any objections to the form of the order. As further stated at conference, the motions to stay pending at No. 20-cv-1518, Dkt. Nos. 13-14; 20-cv-1558, Dkt. Nos. 19-20; No. 20-cv-6811, Dkt. Nos. 10-11; and No. 20-cv-6806, Dkt. Nos 12-13 remain sub judice. The current deadline for the Appellee's Brief in 20-cv-6806 is October 29, 2020. In light of the consolidation of these actions, and for the reasons stated at conference, that deadline is extended to November 20, 2020. Appellant shall file a reply brief, if any, by November 30, 2020. The Court will promptly arrange with the Clerk of Court to file Appellant's initial brief in 20-cv-1558, which is in the possession of the Court. Appellee in that case will file a response 30 days from the date such brief is filed, with any reply by Appellant due 16 days after the filing of the Appellee's responsive brief. Appellant indicated that as a convenience to the Court, the exhibits to Nos. 20-cv-1518 and 20-cv-1558, which are voluminous, need not be docketed, but that Appellant will send such exhibits to the Court via email, at limanNYSDchambers@nysd.uscourts.gov for the Court's consideration. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/22/2020) (va)
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| Filing 16 REVISED APPELLANT'S OPPOSITION(Affirmation) TO APPELLEE'S OPPOSITION TO MOTION TO STAY PENDING APPEAL, re: #14 Response in Opposition to Motion. Document filed by Laverne Leonard. (sc) |
| Set/Reset Deadlines: Appellant Reply Brief due by 11/30/2020. Appellee Brief due by 11/20/2020. (va) |
| Filing 15 APPELLANT'S OPPOSITION(Affirmation) TO APPELLEE OPPOSITION TO MOTION TO STAY PENDING APPEAL, re: #14 Response in Opposition to Motion. Document filed by Laverne Leonard. (sc) Modified on 10/22/2020 (sc). |
| Filing 14 RESPONSE in Opposition to Motion re: #13 MOTION to Stay., #12 MOTION to Stay. with proof of service. Document filed by Wells Fargo Bank, N.A. as servicing agent for HSBC Bank USA, National Association as Trustee for Nomura Asset Acceptance Corporation, Mortgage Pass-Through Certificates, Series 2007-1..(Maxon, Brittany) |
| Filing 13 REVISED MOTION TO STAY PENDING APPEAL. Document filed by Laverne Leonard.(sc) |
| Filing 12 MOTION TO STAY PENDING APPEAL. Document filed by Laverne Leonard.(sc) |
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Filing 11
ORDER: IT IS HEREBY ORDERED that the Court will hold a conference with the parties to these related cases by TELEPHONE CONFERENCE on Thursday, October 22 at 4 p.m. At that date and time the parties are directed to dial the Court's conference line at: 888-251-2909 (access code: 2123101). Because the Appellant has not made any showing of why a stay is justified under the relevant factors set forth above, the motions to stay are DENIED without prejudice to renewal. The Clerk of Court is respectfully directed to close Dkt. No. 11 in Case No. 20-cv-1518 and Dkt. No. 17 in Case No. 20-cv-1558. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/14/2020) (va)
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| Set/Reset Hearings: Telephone Conference set for 10/22/2020 at 04:00 PM before Judge Lewis J. Liman. (va) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time. Granted until October 29, 2020. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 9 FIRST LETTER MOTION for Extension of Time to Respond to Appeal addressed to Judge Lewis J. Liman from Dennis Jose, Esq., Staff Attorney, Office of the Chapter 13 Trustee, SDNY, Krista Preuss dated October 8, 2020. Document filed by Krista M. Preuss. (Attachments: #1 Appendix Affirmation of Service).(Jose, Dennis) |
| Filing 8 NOTICE OF APPEARANCE by Dennis Jose on behalf of Krista M. Preuss. (Attachments: #1 Appendix Affirmation of Service).(Jose, Dennis) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (ad) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-01518-LJL. Notice of Assignment to follow. (ad) |
| Magistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (ad) |
| Filing 7 CERTIFICATE OF SERVICE of Appellant's Initial Brief; served on Brittany J. Maxon, Esq., Attorney for Appellee on 9/10/20. Service was accepted by email to Brittany Maxon, Esq. Document filed by Laverne Leonard. (sc) |
| Filing 6 APPELLANT'S INITIAL BRIEF. Document filed by Laverne Leonard. Appellee Brief due by 10/9/2020. (Attachments: #1 Exhibit, #2 Exhibit)(sc) |
| Filing 5 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Laverne M. Leonard consents to receive electronic service via the ECF system. Document filed by Laverne Leonard.(sc) |
| Filing 4 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Laverne M. Leonard consents to receive electronic service via the ECF system. Document filed by Laverne Leonard.(sc) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Laverne Leonard.(bkar) |
| Filing 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-1518. (bkar) |
| Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Cecelia G. Morris dated August 4, 2020. Bankruptcy Court Case Numbers: 19-B-12337 (CGM). Certified copies of file received.Document filed by Laverne Leonard.(bkar) |
| BANKRUPTCY APPEAL CASE REFERRED BY COURT TO Judge Lewis J. Liman as possibly related to 20-cv-1518. (bkar) |
| Case Designated ECF. (bkar) |
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