Moskovits v. Bank of America N.A. et al
| Alexander Moskovits |
| Roger Bernstein, Barry Ostrager, Silvia Larizza, Bank of America N.A., Does 1 through 10, Beth Kaufman, Calvin Gribsby and Schoeman Updike Kaufman & Gerber LLP |
| 1:2020cv10537 |
| December 14, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Louis L Stanton |
| Civil Rights: Other |
| 28 U.S.C. § 1331 vc Fed. Question: Violation of Constitutional Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 46 MANDATE of USCA (Certified Copy) as to #44 Notice of Appeal filed by Alexander Moskovits. USCA Case Number 21-0886. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/14/2022..(nd) |
| Transmission of USCA Mandate to the District Judge re: #46 USCA Mandate,..(nd) |
| Received returned mail re: #15 Summons Issued, #16 Summons Issued, #18 Summons Issued, #12 Summons Issued, #13 Summons Issued, #14 Summons Issued. Mail was addressed to Alexander Moskovits, Caixa Postal 108, Santa Caterina CEP, Garopaba 88495-000, Brazil and was Returned for the following reason(s): AO REMETENTE "TO SENDER". (vn) |
| Received returned mail re: #19 Order 60 Days Amended Complaint (case opening). Mail was addressed to Alexander Moskovits, Caixa Postal 108, Santa Caterina CEP, Garopaba 88495-000, Brazil and was returned for the following reason(s): AO REMETENTE "TO SENDER". (vn) |
| Received returned mail re: #45 Order on Motion for Summary Judgment, Order on Motion to Serve, Order on Motion for Reconsideration. Mail was addressed to Alexander Moskovits, Caixa Postal 108, Santa Caterina CEP, Garopaba 88495-000, Brazil and was returned for the following reason(s): RETURN. (vn) |
| Received returned mail re: #36 Judgment - Sua Sponte (Complaint), #35 Order of Dismissal. Mail was addressed to Alexander Moskovits, Caixa Postal 108, Santa Caterina CEP, Garopaba 88495-000, Brazil and was returned for the following reason(s): Unclaimed. (vn) |
| Received returned mail re: Mail Order by USPS. Mail was addressed to Alexander Moskovits at Santa Caterina CEP, Garopaba 88495-000, Brazil and was returned for the following reason(s): Unclaimed. (ok) |
| Received returned mail re: #2 Order Directing Payment of Fee or IFP Application. Mail was addressed to Alexander Moskovits, Caixa Postal 108, Santa Caterina CEP, Garopaba 88495-000, Brazil and was returned for the following reason(s): Unclaimed. (vn) |
| USCA Case Number 21-0886 from the U.S. Court of Appeals, 2nd Circ. assigned to #44 Notice of Appeal filed by Alexander Moskovits..(nd) |
| USCA Appeal Fees received $ 505.00 receipt number 465401277857 on 04/19/2021 re: #44 Notice of Appeal filed by Alexander Moskovits. USCA Case No. 21-886..(nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #44 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #44 Notice of Appeal filed by Alexander Moskovits were transmitted to the U.S. Court of Appeals. (tp) |
| Mailed a copy of #45 Order on Motion for Summary Judgment, Order on Motion to Serve, Order on Motion for Reconsideration, to Alexander Moskovits, Caixa Postal 108, Santa Caterina CEP, Garopaba 88495-000, Brazil. (dsh) |
| Filing 44 NOTICE OF APPEAL from #35 Order of Dismissal. Document filed by Alexander Moskovits. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Filing 43 AFFIDAVIT OF SERVICE of Summons and 30/60 Days Amended Complaint. Silvia Larizza, served on 4/3/2021, answer due 4/26/2021. Service was accepted by Silvia Larizza. Document filed by Alexander Moskovits. (sc) |
| Appeal Fee Due: for #44 Notice of Appeal. Appeal fee due by 4/20/2021. (tp) |
Filing 45
ORDER denying as moot #32 Motion for Summary Judgment; denying as moot #33 Motion to Serve; denying as moot #34 Motion for Summary Judgment; denying #39 Motion for Reconsideration re #32 MOTION for Summary Judgment, filed by Alexander Moskovits, #33 MOTION to Serve, filed by Alexander Moskovits, #34 MOTION for Summary Judgment, filed by Alexander Moskovits, #39 MOTION for Reconsideration re; #36 Judgment - Sua Sponte (Complaint), filed by Alexander Moskovits. Accordingly, Plaintiff's motion for reconsideration (ECF doc. #39) is denied. All other outstanding motions are denied as moot, and the Clerk of Court is directed to terminate them. (ECF 32-34.) The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff's case in this Court under Docket Number 20-CV-10537 is closed. The Court will only accept for filing documents that are directed to the Second Circuit Court of Appeals. (Signed by Judge Louis L. Stanton on 4/5/2021) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
|
| Filing 42 MEMORANDUM OF LAW in Opposition re: #39 MOTION for Reconsideration re; #36 Judgment - Sua Sponte (Complaint),,. . Document filed by Bank of America N.A...(O'Prey, Patricia) |
| Filing 41 DECLARATION of Patricia C. O'Prey in Opposition re: #39 MOTION for Reconsideration re; #36 Judgment - Sua Sponte (Complaint),,.. Document filed by Bank of America N.A.. (Attachments: #1 Exhibit A- Notice of Appeal).(O'Prey, Patricia) |
| Filing 40 AFFIDAVIT OF SERVICE of Summons and 30/60 Days Amended Complaint. Calvin Gribsby;served on 3/16/2021, answer due 4/6/2021. Service was accepted by Calvin Grigsby. Document filed by Alexander Moskovits. (sc) |
| Filing 39 RULE 59(e)AND/OR RULE 60 MOTION AS TO MINISTERIAL ACT BY JUSTICE OSTRAGER "DIRECTED" BY "COURT ADMINISTRATION", re: for Reconsideration of re; #36 Judgment - Sua Sponte (Complaint). Document filed by Alexander Moskovits. (Attachments: #1 Exhibit).(sc) |
| Mailed a copy of #36 Civil Judgment, #35 Order of Dismissal, to Alexander Moskovits at Santa Caterina CEP, Garopaba 88495-000, Brazil. (sha) |
| Filing 38 AFFIDAVIT OF SERVICE of Summons and 30/60 Days Amended Complaint. Beth Kaufman, served on 3/15/2021, answer due 4/5/2021. Service was made by Mail. Document filed by Alexander Moskovits. (sc) |
| Request for Copies of Documents Received: Re #30 Letter. Request for copy of documents #35-36 ECF from Alexander Moskovits received on 3/15/21. Transmission to Pro Se Assistants for processing. (sc) |
| Filing 37 NOTICE OF CHANGE OF MAILING ADDRESS & REQUEST TO REMAIL DOCS. 35(JUDGMENT) AND 36(INSTRUCTIONS) by Alexander Moskovits. New Address: Caixa Postal 44, Paulo Lopes, Santa Catarina, CEP 88490-970, Brasil. (sc) |
| Filing 34 MOTION(Corrected) FOR SUMMARY JUDGMENT AS TO MINISTERIAL ACT BY JUSTICE OSTRAGER "DIRECTED" BY COURT "ADMINISTRATION." Document filed by Alexander Moskovits. (Attachments: #1 Exhibit, #2 letter intro).(sc) Modified on 3/15/2021 (sc). |
| Mailed a copy of #36 Judgment - Sua Sponte (Complaint), #35 Order of Dismissal, and Notice of Appeal Instructions to Alexander Moskovits at Caixa Postal 108, Santa Caterina CEP, Garopaba 88495-000, Brazil. (kh) |
| Filing 33 MOTION FOR ORDER ALLOWING SERVICE OF THE SUMMONS AND VERIFIED AMENDED COMPLAINT THROUGH EMAIL. Document filed by Alexander Moskovits. (Attachments: #1 Exhibit).(sc) |
| Filing 32 MOTION FOR SUMMARY JUDGMENT AS TO MINISTERIAL ACT BY JUSTICE OSTRAGER "DIRECTED: BY "COURT ADMINISTRATION." Document filed by Alexander Moskovits. (Attachments: #1 Exhibit).(sc) |
|
Filing 36
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed under 28 U.S.C. 1915(e)(2)(B)(ii), (iii). The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Louis L. Stanton on 3/12/21) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 35
ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The amended complaint is dismissed. See 28 U.S.C. 1915(e)(2)(B)(ii), (iii). All pending motions are denied, and the Clerk of Court is directed to terminate them. (ECF 23, 29.) This order closes the case. SO ORDERED. (Signed by Judge Louis L. Stanton on 3/12/21) (rdz) Transmission to Docket Assistant Clerk for processing.
|
| Filing 31 NOTICE OF APPEARANCE by Roger Joel Bernstein on behalf of Roger Bernstein..(Bernstein, Roger) |
| Filing 30 LETTER addressed to Judge Louis L. Stanton from Patricia C. O'Prey dated March 10, 2021 re: to request guidance from the Court as to certain procedural irregularities. Document filed by Bank of America N.A...(O'Prey, Patricia) |
| Filing 29 MOTION TO DISQUALIFY SCHOEMAN UPDIKE KAUFMAN & GERBER, LLP AS COUNSEL FOR BANK OF AMERICA, N.A., re: to Disqualify Counsel. Document filed by Alexander Moskovits.(sc) |
| Filing 28 AFFIDAVIT OF SERVICE of Summons and 30/60 Days Amended Complaint, Affirmation in Opposition to Motion to Vacate or Modify Court Order & Exhibits. Schoeman Updike Kaufman & Gerber LLP, served on 3/1/2021, answer due 3/22/2021. Service was accepted by Sue Zouky, Office of Secretary of State, New York. Document filed by Alexander Moskovits. (sc) |
| Filing 27 AFFIDAVIT OF SERVICE of Summons and 30/60 Days Amended Complaint. Barry Ostrager, served on 3/1/2021, answer due 3/22/2021. Service was accepted by Mr. Perter, Doorman at 930 5th Ave., NY, NY.10021. Service was also made by Mail on 3/2/21. Document filed by Alexander Moskovits. (sc) |
| Filing 26 NOTICE OF APPEARANCE by Patricia C. O'Prey on behalf of Bank of America N.A...(O'Prey, Patricia) |
| Filing 25 AFFIDAVIT OF SERVICE of Summons and 30/60 Days Amended Complaint. Bank of America N.A.; served on 2/26/2021, answer due 3/19/2021. Service was accepted by Robert Patterson, Clerk, CT Corp. Document filed by Alexander Moskovits. (sc) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and 30/60 Days Amended Complaint. Roger Bernstein; served on 2/26/2021, answer due 3/19/2021. Service was accepted by Roger Bernstein. Document filed by Alexander Moskovits. (sc) |
| Filing 23 MOTION FOR THE RECUSAL OF THE ENTIRE DISTRICT BENCH OR A STAY PENDING PETITION FOR WRIT OF MANDAMUS. Document filed by Alexander Moskovits.(sc) |
| Filing 22 AMENDED COMPLAINT against Bank of America N.A., Roger Bernstein, Does 1 through 10, Calvin Gribsby, Beth Kaufman, Silvia Larizza, Barry Ostrager, Schoeman Updike Kaufman & Gerber LLP, re: amending #1 Complaint, with JURY DEMAND.Document filed by Alexander Moskovits. Related document: #1 Complaint. (Attachments: #1 Exhibit).(sc) |
| Received returned mail re: Mail Order by USPS, #21 Order on Motion for Recusal. Mail was addressed to Alexander Moskovits at Caixa Postal 108, Garopaba, Santa Catarina CEP 88495-000 BRASIL and was returned for the following reason(s): Return To Sender- Not Deliverable As Addressed- Unable To Forward. (ta) |
| Mailed a copy of #21 Order on Motion for Recusal, to Alexander Moskovits at Caixa Postal 108, Garopaba, Santa Catarina CEP 88495-000 BRASIL. (dsh) |
|
Filing 21
ORDER DENYING MOTION: Plaintiff's motion for recusal is denied, as is his motion to have this matter referred to Judge Broderick. The Clerk of Court is directed to terminate the motion. (ECF 20.) If Plaintiff complies with the January 20, 2021 order, the case will be processed in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply within the time allowed, or if the amended complaint fails to remedy the deficiencies in the original pleading, the action will be dismissed for the reasons set forth in the January 20, 2021 order. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED.. (Signed by Judge Louis L. Stanton on 2/5/21) (rdz) Transmission to Docket Assistant Clerk for processing.
|
| Filing 20 MOTION FOR DISQUALIFICATION UNDER 28 U.S.C. 455(a) AND REASSIGNMENT OF RELATED PRO SE CIVIL CASE TO U.S. JUDGE VERNON BRODERICK UNDER LOCAL RULE 50.3.1l. Plaintiff Alexander Moskovits (Plaintiff), respectfully moves for the disqualification of Senior United States District Court Judge Louis Stanton under 28 U.S.C 455(a) and reassignment of this related pro se civil case to United States District Court Judge Vernon S. Broderick under Local Rule 50.3.1(e) of the Southern District of New York. Document filed by Alexander Moskovits. (Attachments: #1 Exhibit). (mt) |
| Mailed a copy of #19 Order 60 Days Amended Complaint (case opening), to Alexander Moskovits, Caixa Postal 108, Santa Caterina CEP, Garopaba 88495-000, Brazil. (dsh) |
|
Filing 19
ORDER TO AMEND: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "AmendedComplaint," and label the document with docket number 20-CV-10537 (LLS). An Amended Complaint form is attached to this order. No answer is required at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. SO ORDERED. (Signed by Judge Louis L. Stanton on 1/20/21) (rdz) Transmission to Docket Assistant Clerk for processing.
|
| Filing 18 SUMMONS ISSUED as to Bank of America N.A...(ta) |
| Filing 17 SUMMONS ISSUED as to Roger Bernstein..(ta) |
| Filing 16 SUMMONS ISSUED as to Calvin Gribsby..(ta) |
| Filing 15 SUMMONS ISSUED as to Beth Kaufman..(ta) |
| Filing 14 SUMMONS ISSUED as to Silvia Larizza..(ta) |
| Filing 13 SUMMONS ISSUED as to Barry Ostrager..(ta) |
| Filing 12 SUMMONS ISSUED as to Schoeman Updike Kaufman & Gerber LLP. (ta) |
| Mailed a copy of #15 Summons Issued, #16 Summons Issued, #17 Summons Issued, #18 Summons Issued, #12 Summons Issued, #13 Summons Issued, #14 Summons Issued to Alexander Moskovits Caixa Postal 108 Santa Caterina CEP Garopaba 88495-000 Brazil. (ta) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Colleen McMahon is no longer assigned to the case. (vba) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Sylvia Larizza, attorney re: #1 Complaint. Document filed by Alexander Moskovits. (sc) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Barry Ostrager, re: #1 Complaint. Document filed by Alexander Moskovits. (sc) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Schoeman Updike Kaufman & Gerber LLP, re: #1 Complaint. Document filed by Alexander Moskovits. (sc) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Bank of America, N.A., re: #1 Complaint. Document filed by Alexander Moskovits. (sc) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Calvin Grigsby, re: #1 Complaint. Document filed by Alexander Moskovits. (sc) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Beth Kaufman, Attorney, re: #1 Complaint. Document filed by Alexander Moskovits. (sc) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Roger Bernstein, re: #1 Complaint. Document filed by Alexander Moskovits. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #5 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #6 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #10 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #11 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #7 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #9 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #8 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
|
Filing 4
ORDER DENYING MOTION re: #3 Affirmation filed by Alexander Moskovits. Plaintiff's motion for the Court's recusal (ECF No. 3) is denied. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 in forma pauperis 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). (Signed by Judge Colleen McMahon on 1/7/2021) (sac) Transmission to Docket Assistant Clerk for processing. Modified on 1/21/2021 (sac).
|
| Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 1/7/2021, Receipt Number 465401271435. (jgl) |
| Mailed a copy of #4 Order, to Alexander Moskovits, Caixa Postal 108, Santa Caterina CEP, Garopaba 88495-000 Brazil. (dsh) |
| Filing 3 AFFIDAVIT(Affirmation) OF BIAS OR PREJUDICE (CERTIFIED IN BRAZIL PURS. TO 28:1746) of A. Moskovits. Document filed by Alexander Moskovits. (sc) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, to Alexander Moskovits at Caixa Postal 108, Santa Caterina CEP, Garopaba 88495-000, Brazil. (Attachments: # 1 Supplement IFP) (dsh) |
|
Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 1/13/2021. In Forma Pauperis (IFP) Application due by 1/13/2021. (Signed by Judge Colleen McMahon on 12/14/2020) (Attachments: #1 Supplement IFP) (bl) Transmission to Docket Assistant Clerk for processing.
|
| Filing 1 COMPLAINT against Bank of America N.A., Roger Bernstein, Does 1 through 10, Calvin Gribsby, Beth Kaufman, Silvia Larizza, Barry Ostrager, Schoeman Updike Kaufman & Gerber LLP. Document filed by Alexander Moskovits. (Attachments: #1 Main Document, #2 Main Document, #3 Main Document, #4 Main Document, #5 Main Document, #6 Main Document, #7 Exhibit A, #8 Exhibit B, #9 Exhibit C, #10 Exhibit D, #11 Exhibit E, #12 Exhibit F) (sac) |
| Case Designated ECF. (sac) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
