Barli et al v. PNC Bank, National Association et al
| Daniel Barli and Bardan One, LLC |
| John Prins, XYZ Corporations 1-50, CoreVest Finance, Matthew Vilimas, RWT Holdings, Inc., AlterDormus, John Does 1-50, PNC Bank, National Association, CoreVest American Finance Lender LLC, Midland Loan Services and Midland Loan Services Inc. |
| Midland Loan Services, A Division Of PNC Bank, N.A. |
| 1:2020cv11027 |
| December 29, 2020 |
| U.S. District Court for the Southern District of New York |
| P Kevin Castel |
| P.I.: Other |
| 48 U.S.C. § 1985 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 NOTICE OF APPEARANCE by Shari A. Brandt on behalf of AlterDormus, Midland Loan Services, PNC Bank, National Association, Matthew Vilimas..(Brandt, Shari) |
| Filing 19 NOTICE OF APPEARANCE by Jacob Joseph Taber on behalf of AlterDormus, Midland Loan Services, PNC Bank, National Association, Matthew Vilimas..(Taber, Jacob) |
| Filing 18 LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Matthew M. Riccardi dated February 26, 2021. Document filed by AlterDormus, Midland Loan Services, PNC Bank, National Association, Matthew Vilimas..(Riccardi, Matthew) |
| Filing 17 NOTICE OF APPEARANCE by Matthew McPherson Balf Riccardi on behalf of AlterDormus, Midland Loan Services, PNC Bank, National Association, Matthew Vilimas..(Riccardi, Matthew) |
| Filing 16 NOTICE OF APPEARANCE by Gary Frederick Eisenberg on behalf of AlterDormus, Midland Loan Services, PNC Bank, National Association, Matthew Vilimas..(Eisenberg, Gary) |
| Filing 15 NOTICE OF APPEARANCE by David Vincent Mignardi on behalf of CoreVest American Finance Lender LLC, John Prins, RWT Holdings, Inc...(Mignardi, David) |
| Filing 14 NOTICE OF APPEARANCE by John Michael Doherty on behalf of CoreVest American Finance Lender LLC, John Prins, RWT Holdings, Inc...(Doherty, John) |
| Filing 13 NOTICE OF APPEARANCE by Keith Michael Brandofino on behalf of CoreVest American Finance Lender LLC, John Prins, RWT Holdings, Inc...(Brandofino, Keith) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to AlterDormus, CoreVest American Finance Lender LLC, CoreVest Finance, John Does 1-50, Midland Loan Services, Midland Loan Services Inc., PNC Bank, National Association, John Prins, RWT Holdings, Inc., Matthew Vilimas, XYZ Corporations 1-50..(dnh) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to PNC Bank, National Association, Midland Loan Services, AlterDormus, John Prins, Matthew Vilimas, CoreVest American Finance Lender LLC, RWT Holdings, Inc, John Does 1-50, XYZ Corporations 1-50, re: #9 Amended Complaint,,. Document filed by Bardan One, LLC, Daniel Barli..(Dave, Rita) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rita Dave to RE-FILE Document No. #10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): all of the party names whom summons is being requested for/listed on the attached 'rider' must be included on the 'as to' docket entry text (John Does 1*50, XYZ Corporations 1-50) or removed from the 'rider'; party name on the PDF 'To' section must match exactly as it appears on the pleading caption (PNC Bank, National Association). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 10 FILING ERROR - SUMMONS REQUEST 'As To' AND PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to PNC Bank, National Association, Midland Loan Services, AlterDormus, John Prins, Matthew Vilimas, CoreVest American Finance Lender LLC, RWT Holdings, Inc,, re: #9 Amended Complaint,,. Document filed by Bardan One, LLC, Daniel Barli..(Dave, Rita) Modified on 2/8/2021 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rita Dave. The party information for the following party/parties has been modified: Midland Loan Services. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (sj) |
| Filing 9 FIRST AMENDED COMPLAINT amending #8 Amended Complaint,,, against AlterDormus, CoreVest American Finance Lender LLC, John Does 1-50, PNC Bank, National Association, John Prins, RWT Holdings, Inc., Matthew Vilimas, XYZ Corporations 1-50, Midland Loan Services, a PNC Real Estate Business with JURY DEMAND.Document filed by Bardan One, LLC, Daniel Barli. Related document: #8 Amended Complaint,,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G (1 of 1), #8 Exhibit G (2 of 2), #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O).(Dave, Rita) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rita Dave. The party information for the following party/parties has been modified: Bardan One, LLC on behalf of themselves and all other similarly situated. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rita Dave to RE-FILE Document No. #8 Amended Complaint,,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Select each defendant listed on the Amended Complaint caption title.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #6 Amended Complaint,,, against AlterDormus, CoreVest American Finance Lender LLC, Midland Loan Services Inc., PNC Bank, National Association, John Prins, RWT Holdings, Inc., Matthew Vilimas with JURY DEMAND.Document filed by Daniel Barli, Bardan One, LLC on behalf of themselves and all other similarly situated. Related document: #6 Amended Complaint,,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G (1 of 1), #8 Exhibit G (2 of 2), #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O).(Dave, Rita) Modified on 1/29/2021 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rita Dave to RE-FILE Document No. #7 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): summons request was not processed due to deficient pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rita Dave to RE-FILE re: Document No. #6 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Bardan One with party text 'on behalf of themselves and all others similarly situated; all of the filers were not selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to PNC Bank, National Association, Midland Loan Services, a PNC Real Estate business, AlterDormus John Prins, Matthew Vilimas, CoreVest American : Finance Lender LLC, RWT Holdings, Inc,, re: #6 Amended Complaint,,,. Document filed by AlterDormus, Daniel Barli, CoreVest American Finance Lender LLC, CoreVest Finance, John Does 1-50, Midland Loan Services Inc., PNC Bank, National Association, John Prins, RWT Holdings, Inc., Matthew Vilimas, XYZ Corporations 1-50..(Dave, Rita) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint,,, against AlterDormus, CoreVest American Finance Lender LLC, CoreVest Finance, John Does 1-50, Midland Loan Services Inc., PNC Bank, National Association, John Prins, RWT Holdings, Inc., Matthew Vilimas, XYZ Corporations 1-50 with JURY DEMAND.Document filed by Daniel Barli. Related document: #1 Complaint,,,. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G (1 of 2), #8 Exhibit Exhibit G (2 of 2), #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O).(Dave, Rita) Modified on 1/27/2021 (jgo). |
Filing 5
ORDER: The limited subject matter jurisdiction of a district court is best addressed at the outset of a case. It falls upon the Court to raise issues of subject matter jurisdiction sua sponte. The Complaint asserts that this Court has federal subject matter jurisdiction pursuant to the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C 1332(d). Section 1332(d)(2) provides that [t]he district courts shall have original jurisdiction of any civil action in which the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs, and is a class action in which... any member of a class of plaintiffs is a citizen of a State different from any defendant. See also Gold v. N.Y. Life ins. Co., 730 F.3d 137, 141 (2d Cir. 2013) (CAFA confers original federal jurisdiction over class actions involving (1) an aggregate amount in controversy of at least $5,000,000; and (2) minimal diversity, i.e., where at least one plaintiff and one defendant are citizens of different states.). For purposes of determining the citizenship of a corporation named as a party, the complaint must allege the citizenship of every State and foreign state in which the corporation has been incorporated, as well as the State or foreign state where the corporation has its principal place of business. See 28 U.S.C. 1332(c)(1); see also Postlewaite v. McGraw-Hill, 333 F.3d 42, 51 (2d Cir. 2003) (noting that a complaint that does not indicate the principal place of business of a corporate party is insufficient to show [a party's] citizenship within the meaning of 28 U.S.C. 1332(c)(1)). Under CAFA, an unincorporated association shall be deemed to be a citizen of the State where it has its principal place of business and the State under whose laws it is organized. 28 U.S.C. 1332(d)(10). Although the Second Circuit has not yet given guidance as to a Limited Liability Company's (LLC) citizenship for purposes of CAFA jurisdiction, two United States Courts of Appeals have held that an LLC's citizenship under CAFA is determined by state of organization and principal place of business under section 1332(d)(10). Here, plaintiffs have named multiple entities as defendants and the allegations in the Complaint contain several deficiencies with respect to these defendants. (Compl. 1318). First, Plaintiffs fail to allege the principal place of business for defendants CoreVest Finance; CoreVest American Finance Lender LLC; and RWT Holdings, Inc. Plaintiffs further fail to allege the place of incorporation for defendants PNC Bank, National Association; Midland Loan Services; CoreVest Finance; CoreVest American Finance Lender LLC; RWT Holdings, Inc.; and AlterDormus. Lastly, plaintiff does not provide information regarding the organization (e.g., corporation, limited partnership, limited liability company, etc.) of defendants Midland Loan Services, CoreVest Finance, and AlterDormus. Plaintiff shall amend the complaint and case caption to reflect the organizational status of these defendants. In addition, the Complaint fails to allege the principal place of business and place of incorporation for plaintiff Bardan One, L.L.C. For the purpose of determining the citizenship of individuals, in order to be a citizen of a State... a natural person must be a citizen of the United States and be domiciled within the State. NewmanGreen, Inc. v. AlfonzoLarrain, 490 U.S. 826, 828 (1989) (emphasis in original). An individual's domicile is the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning. Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir.1998) (internal quotation omitted). The Complaint names two individual defendants John Prins and Matthew Vilimas. When a complaint names an individual as a party, it must allege the citizenship of such individuals, not their places of employment. Additionally, Plaintiff Daniel Barli is alleged to be a resident of New Jersey. The Complaint fails to allege whether Barli is a citizen of New Jersey. Within 30 days, plaintiffs shall amend the Complaint to correct the deficiencies herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/5/2021) (nb)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rita Dave to RE-FILE Document No. #4 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Do not attach additional summonses to one docket entry. Create one summons form and use a rider to list each party and their addresses. List all the defendants on the docket entry for the summons request not "All Defendants";. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to All defendants, re: #1 Complaint,,,. Document filed by AlterDormus, CoreVest American Finance Lender LLC, CoreVest Finance, John Does 1-50, Midland Loan Services Inc., PNC Bank, National Association, John Prins, RWT Holdings, Inc., Matthew Vilimas, XYZ Corporations 1-50. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons).(Dave, Rita) Modified on 1/5/2021 (pc). |
| Filing 3 CIVIL COVER SHEET filed..(Dave, Rita) |
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Filing 2
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, March 1, 2021 at 12:00 p.m. Principal trial counsel shall appear at this and all subsequent conferences. The call-in information for all teleconferences is: Dial-in: (888) 363-4749Access Code: 3667981. And as set forth herein. SO ORDERED. Initial Conference set for 3/1/2021 at 12:00 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 12/30/2020) (ama)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rita Dave to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Daniel Barli with party text 'and on behalf of himself and all others similarly situated', and, Bardan One, LLC with party text 'and on behalf of themselves and all others similarly situated'; the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rita Dave. The party information for the following party/parties has been modified: Midland Loan Services, A Division Of PNC Bank, N.A.; RWT Holdings, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text contained a typographical error; party name was modified to add party text separately. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Rita Dave. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Matthew Vilimas, CoreVest Finance, CoreVest American Finance Lender LLC, John Does 1-50, Midland Loan Services, A Division Of PNC Bank, N.A., RWT Holdings, Inc., AlterDormus, PNC Bank, National Association, XYZ Corporations 1-50, John Prins. (Filing Fee $ 402.00, Receipt Number ANYSDC-23260695)Document filed by Matthew Vilimas, CoreVest Finance, CoreVest American Finance Lender LLC, John Does 1-50, Midland Loan Services, A Division Of PNC Bank, N.A., RWT Holdings, Inc., AlterDormus, PNC Bank, National Association, XYZ Corporations 1-50, John Prins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Civil Cover Sheet).(Dave, Rita) Modified on 12/30/2020 (jgo). |
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