Lamda Solutions Corp. v. HSBC Bank USA, N.A.
| Lamda Solutions Corp. |
| HSBC Bank USA, N.A. |
| 1:2021cv02259 |
| March 16, 2021 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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Filing 50
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) HSBC Bank USA, N.A. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by HSBC Bank USA, N.A.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zarlock, Preston)
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Filing 49
ORDER: By letter dated January 4, 2022, the parties have informed the Court that this case has settled. Dkt. No. 48. Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/5/2022) (rro)
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Filing 48
LETTER addressed to Judge Gregory H. Woods from Preston L. Zarlock dated January 4, 2022 re: parties have agreed to a resolution. Document filed by HSBC Bank USA, N.A...(Zarlock, Preston)
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Filing 47
ORDER. For the reasons stated on the record at the conference on January 3, 2021, Defendant's request for leave to file a motion to dismiss, Dkt. No. 43, is granted. The deadline for Defendant to file and serve its motion to dismiss is January 7, 2022. Plaintiff's opposition is due within fourteen days after service of Defendant's motion; Defendant's reply, if any, is due within seven days after service of Plaintiff's opposition. Further, for the reasons stated on the record, Defendant's application for a stay of discovery pending resolution of Defendant's motion to dismiss is granted. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 1/3/2022. (Court Reporter present) (wv)
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Filing 46
LETTER addressed to Judge Gregory H. Woods from Matthew W. Schmidt dated January 3, 2022 re: Legal Blacklined First Amended Complaint. Document filed by Lamda Solutions Corp.. (Attachments: #1 Legal Blacklined Complaint).(Schmidt, Matthew)
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Filing 45
NOTICE OF APPEARANCE by Gregory Stuart Smith on behalf of Lamda Solutions Corp...(Smith, Gregory)
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Filing 44
ORDER: Defendant's request for a pre-motion conference, Dkt. No. 43, is granted. The Court will hold a teleconference regarding Defendant's proposed motion to dismiss on January 3, 2022 at 2:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules.( Telephone Conference set for 1/3/2022 at 02:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 12/27/2021) (rro)
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Filing 43
LETTER addressed to Judge Gregory H. Woods from Preston L. Zarlock, Esq. dated 12/23/2021 re: Pre-motion Letter re Motion to Dismiss Amended Complaint. Document filed by HSBC Bank USA, N.A...(Zarlock, Preston)
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Filing 42
LETTER addressed to Judge Gregory H. Woods from Matthew W. Schmidt dated December 22, 2021 re: Dkt. No. 40. Document filed by Lamda Solutions Corp...(Schmidt, Matthew)
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Filing 41
FIRST AMENDED COMPLAINT amending #39 Amended Complaint against HSBC Bank USA, N.A. with JURY DEMAND.Document filed by Lamda Solutions Corp.. Related document: #39 Amended Complaint..(Schmidt, Matthew)
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Filing 40
ORDER denying without prejudice #38 Letter Motion to Seal. Application denied without prejudice. The Stipulated Confidentiality Agreement and Protective Order states that a party "that seeks to file Confidential Discovery Material under seal must file an application and supporting declaration justifyingon a particularized basisthe sealing of such documents." Dkt. No. 28. The fact that information has been designated as confidential is not sufficient to file the information under seal. Because Plaintiff has not provided any other justification to overcome the presumption of public access to the information, Plaintiff's request to file the first amended complaint under seal is denied. Plaintiff is directed to file the amended complaint on the public docket no later than December 29, 2021 barring further order of the Court. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 38. SO ORDERED.. (Signed by Judge Gregory H. Woods on 12/21/2021) (kv)
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Set/Reset Deadlines: Amended Pleadings due by 12/29/2022. (kv)
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Filing 39
***SELECTED PARTIES***FIRST AMENDED COMPLAINT against HSBC Bank USA, N.A. with JURY DEMAND.Document filed by Lamda Solutions Corp., HSBC Bank USA, N.A..Motion or Order to File Under Seal: #38 .(Schmidt, Matthew)
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Filing 38
LETTER MOTION to Seal First Amended Complaint addressed to Judge Gregory H. Woods from Matthew W. Schmidt dated December 20, 2021. Document filed by Lamda Solutions Corp...(Schmidt, Matthew)
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Filing 37
ORDER. The parties' request for an extension of time to complete discovery, Dkt. No. 36, is granted. The deadline for the completion of all fact discovery is extended to February 21, 2022. The deadline for the completion of all expert discovery is extended to April 7, 2022. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by February 21, 2022. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by March 7, 2022. The deadline for submission of motions for summary judgment, if any, is extended to May 16, 2022. The status conference scheduled for March 4, 2022 is adjourned to May 4, 2022 at 4:00 p.m. The joint status letter requested in the case management plan and scheduling order entered on May 23, 2021, Dkt. No. 24, is due no later than April 27, 2022. Except as expressly modified by this order, the case management plan entered by the Court on May 23, 2021, Dkt. No. 24, remains in full force and effect. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 36
JOINT LETTER addressed to Judge Gregory H. Woods from Matthew W. Schmidt and Preston L. Zarlock dated December 15, 2021 re: 60 day extension for discovery and related deadlines. Document filed by Lamda Solutions Corp.. (Attachments: #1 Exhibit A - Amended Case Management Plan).(Schmidt, Matthew)
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Filing 35
MEMORANDUM OPINION AND ORDER: For the reasons described above, HSBC's motion to dismiss is GRANTED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 20. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/6/2021) (rro) Transmission to Orders and Judgments Clerk for processing.
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Filing 34
ORDER. The parties' request for an extension of time to complete discovery, Dkt. No. 33, is granted. The deadline for the completion of all fact discovery is extended to December 23, 2021. The deadline for the completion of all expert discovery is extended to February 7, 2022. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by December 23, 2021. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by January 7, 2022. The deadline for submission of motions for summary judgment, if any, is extended to March 14, 2022. The status conference scheduled for February 4, 2022 is adjourned to March 4, 2022 at 4:00 p.m. The joint status letter requested in the case management plan and scheduling order entered on May 23, 2021, Dkt. No. 24, is due no later than February 25, 2022. Except as expressly modified by this order, the case management plan entered by the Court on May 23, 2021, Dkt. No. 24, remains in full force and effect. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 33
JOINT LETTER addressed to Judge Gregory H. Woods from Preston L. Zarlock and Matthew W. Schmidt dated November 17, 2021 re: 30 day extension for discovery and related deadlines. Document filed by HSBC Bank USA, N.A.. (Attachments: #1 Exhibit A - Amended Case Management Plan).(Zarlock, Preston)
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Filing 32
ORDER. The parties' request for an extension of time to complete discovery, Dkt. No. 31, is granted. The deadline for the completion of all fact discovery is extended to November 24, 2021. The deadline for the completion of all expert discovery is extended to January 13, 2022. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by November 24, 2021. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by December 8, 2021. The deadline for submission of motions for summary judgment, if any, is extended to February 14, 2022. The status conference scheduled for January 3, 2022 is adjourned to February 4, 2022 at 4:00 p.m. The joint status letter requested in the case management plan and scheduling order entered on May 23, 2021, Dkt. No. 24, is due no later than January 28, 2022. Except as expressly modified by this order, the case management plan entered by the Court on May 23, 2021, Dkt. No. 24, remains in full force and effect. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 31
JOINT LETTER addressed to Judge Gregory H. Woods from Preston L. Zarlock and Matthew W. Schmidt dated 10/14/2021 re: 30 day extension for discovery and related deadlines. Document filed by HSBC Bank USA, N.A.. (Attachments: #1 Exhibit A - Amended Case Management Plan).(Zarlock, Preston)
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Filing 30
ORDER. The parties' request for an extension of time to complete discovery, Dkt. No. 29, is granted. The deadline for the completion of all fact discovery is extended to October 25, 2021. The deadline for the completion of all expert discovery is extended to December 13, 2021. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by October 25, 2021. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by November 8, 2021. The deadline for submission of motions for summary judgment, if any, is extended to January 13, 2021. The status conference scheduled for December 1, 2021 is adjourned to January 3, 2022 at 3 p.m. The joint status letter requested in the case management plan and scheduling order entered on May 23, 2021, Dkt. No. 24, is due no later than December 22, 2021. Except as expressly modified by this order, the case management plan entered by the Court on May 23, 2021, Dkt. No. 24, remains in full force and effect. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 29
JOINT LETTER addressed to Judge Gregory H. Woods from Preston L. Zarlock and Matthew W. Schmidt dated September 9, 2021 re: 30 day extension for discovery and related deadlines. Document filed by HSBC Bank USA, N.A.. (Attachments: #1 Exhibit A - Amended Case Management Plan).(Zarlock, Preston)
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Filing 28
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Gregory H. Woods on 8/25/2021) (rro)
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Filing 27
LETTER addressed to Judge Gregory H. Woods from Preston L. Zarlock and Matthew W. Schmidt dated August 24, 2021 re: proposed Stipulated Confidentiality Agreement and Protective Order. Document filed by HSBC Bank USA, N.A.. (Attachments: #1 Exhibit A - proposed stipulated confidentiality order, #2 Exhibit b - redline stipulated confidentiality order).(Zarlock, Preston)
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Filing 26
REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by HSBC Bank USA, N.A...(Zarlock, Preston)
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Filing 25
MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss . . Document filed by Lamda Solutions Corp...(Balestriere, John)
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Filing 24
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 9/24/2021. Deposition due by 9/24/2021. Expert Discovery due by 11/12/2021. Motions for summary judgment, if any, shall be filed no later than 12/13/2021. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. Status Conference set for 12/1/2021 at 04:00 AM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 5/23/2021) (rro)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 5/21/2021. (Court Reporter Martha Martin) (wv)
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Filing 23
JOINT LETTER addressed to Judge Gregory H. Woods from Preston L. Zarlock and Matthew W. Schmidt dated May 14, 2021 re: status of case in advance of initial pretrial conference. Document filed by HSBC Bank USA, N.A...(Zarlock, Preston)
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Filing 22
MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by HSBC Bank USA, N.A...(Zarlock, Preston)
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Filing 21
DECLARATION of Preston L. Zarlock in Support re: #20 MOTION to Dismiss .. Document filed by HSBC Bank USA, N.A.. (Attachments: #1 Exhibit A - Notice of Removal with Complaint, #2 Exhibit B - Assignment Request, #3 Exhibit C - UCP Excerpts).(Zarlock, Preston)
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Filing 20
MOTION to Dismiss . Document filed by HSBC Bank USA, N.A.. Responses due by 6/1/2021.(Zarlock, Preston)
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Filing 19
ORDER. Defendant's May 5, 2021 request for leave to file a motion to dismiss, Dkt. No. 15, is granted. The deadline for Defendant to file and serve its motion to dismiss is May 12, 2021. Plaintiffs' opposition is due within twenty-one days after service of Defendant's motion; Defendant's reply, if any, is due within seven days after service of Plaintiffs' opposition. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 5/5/2021. (Court Reporter present) (wv)
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Filing 18
NOTICE OF APPEARANCE by Joshua S. Glasgow on behalf of HSBC Bank USA, N.A...(Glasgow, Joshua)
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Filing 17
ORDER. The pre-motion conference scheduled for April 30, 2021 is adjourned to May 5, 2021 at 4 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 16
MEMO ENDORSEMENT: on re: #15 Letter filed by HSBC Bank USA, N.A. ENDORSEMENT: Application granted. Defendant's request to adjourn the April 5, 2021 pre-motion conference, Dkt. No. 15, is granted. The pre- motion conference is adjourned to April 30, 2021 at 3 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties arespecifically directed to comply with Rule 2(C) of the Court's Emergency Rules. SO ORDERED., ( Telephone Conference set for 4/30/2021 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 4/01/2021) (ama)
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Filing 15
LETTER addressed to Judge Gregory H. Woods from Preston L. Zarlock dated March 31, 2021 re: Letter requesting adjournment of pre-motion conference scheduled for April 5, 2021. Document filed by HSBC Bank USA, N.A...(Zarlock, Preston)
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Filing 14
LETTER addressed to Judge Gregory H. Woods from Matthew W. Schmidt dated 03/29/2021 re: response to request for pre-motion conference on a proposed Motion to Dismiss. Document filed by Lamda Solutions Corp...(Schmidt, Matthew)
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Filing 13
ORDER. Defendant's March 23, 2021 request for a pre-motion conference, Dkt. No. 8, is granted. The Court will hold a teleconference on Defendant's proposed motion to dismiss on April 5, 2021, at 4 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 12
NOTICE OF APPEARANCE by Matthew William Schmidt on behalf of Lamda Solutions Corp...(Schmidt, Matthew)
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Filing 11
DEMAND for Trial by Jury. Document filed by Lamda Solutions Corp..(Balestriere, John)
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lamda Solutions Corp...(Balestriere, John)
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Filing 9
NOTICE OF APPEARANCE by John Balestriere on behalf of Lamda Solutions Corp...(Balestriere, John)
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Filing 8
LETTER addressed to Judge Gregory H. Woods from Preston L. Zarlock dated March 23, 2021 re: request for pre-motion conference on a proposed motion to dismiss. Document filed by HSBC Bank USA, N.A...(Zarlock, Preston)
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Filing 7
AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference and Court's Individual Rules served on John G. Balestriere, Esq. and Mark D. Ruddy, Esq. on 3/19/2021. Service was made by Mail. Document filed by HSBC Bank USA, N.A...(Zarlock, Preston)
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Filing 6
ORDER: This action was removed from the Supreme Court of the State of New York, County of New York, on March 16, 2021. Dkt. No. 1. Pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than March 30, 2021. Additionally, counsel for Plaintiff is directed to promptly file a notice of appearance in this case. Counsel for Defendant is directed to serve a copy of this order on Plaintiff, and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/18/2021) (mml)
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/21/2021 at 04:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. (As further set forth in this Order.) (Signed by Judge Gregory H. Woods on 3/18/2021) (cf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(gp)
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)
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Case Designated ECF. (gp)
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Filing 4
CERTIFICATE OF SERVICE of Notice of Removal served on Lamda Solutions Corp. on 3/16/2021. Service was made by Mail. Document filed by HSBC Bank USA, N.A...(Zarlock, Preston)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HSBC USA Inc., Corporate Parent HSBC Holdings plc, Corporate Parent HSBC North America Holdings Inc. for HSBC Bank USA, N.A.. Document filed by HSBC Bank USA, N.A...(Zarlock, Preston)
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Filing 2
CIVIL COVER SHEET filed..(Zarlock, Preston)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650926/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24257058).Document filed by HSBC Bank USA, N.A.. (Attachments: #1 Exhibit A - State Court Docket Report, #2 Exhibit B - State Court Documents).(Zarlock, Preston)
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