1042 II Realty, Inc. v. Ocwen Loan Servicing, LLC
| 1042 II REALTY, INC., and 1042 II Realty, Inc. |
| OCWEN LOAN SERVICING, LLC, and Ocwen Loan Servicing, LLC |
| 1:2021cv02761 |
| March 31, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on January 31, 2022. A more recent docket listing may be available from PACER.
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Filing 27
CERTIFICATE OF SERVICE of INITIAL DISCLOSURES OF DEFENDANT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(A)(1) served on Storch Law, P.C. on 5/21/2021. Document filed by Ocwen Loan Servicing, LLC..(Aiello, Jacqueline)
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Filing 26
MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(B)(6)., #16 CROSS MOTION for Summary Judgment . . Document filed by 1042 II Realty, Inc...(Storch, Zvi)
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Filing 25
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). 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). Deposition due by 9/27/2021. All Fact Discovery due by 8/12/2021. All Expert Discovery due by 9/27/2021. This case is not to be tried to a jury. The next Pretrial Conference set for 8/13/2021 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/13/2021) (ama)
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Filing 24
MEMO ENDORSEMENT: on re: #22 Letter, filed by 1042 II Realty, Inc. ENDORSEMENT: The pretrial conference is hereby adjourned to Friday, August 13, 2021, at 10:00 A.M. The Case Management Plan will be entered by separate order. SO ORDERED., ( Initial Conference set for 8/13/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/13/2021) (ama)
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Filing 23
PROPOSED CASE MANAGEMENT PLAN. Document filed by 1042 II Realty, Inc...(Storch, Zvi)
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Filing 22
JOINT LETTER addressed to Judge Valerie E. Caproni from Zvi Storch dated May 13, 2021 re: Rules 16 Joint Letter. Document filed by 1042 II Realty, Inc.. (Attachments: #1 Exhibit Proposed Civil Case Management Plan and Scheduling Order).(Storch, Zvi)
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Filing 21
RESPONSE re: #18 Rule 56.1 Statement . Document filed by Ocwen Loan Servicing, LLC..(Aiello, Jacqueline)
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Filing 20
REPLY MEMORANDUM OF LAW in Support re: #16 CROSS MOTION for Summary Judgment . . Document filed by Ocwen Loan Servicing, LLC..(Aiello, Jacqueline)
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Filing 19
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 1042 II Realty, Inc...(Storch, Zvi)
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Filing 18
RULE 56.1 STATEMENT. Document filed by 1042 II Realty, Inc...(Storch, Zvi)
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Filing 17
MEMORANDUM OF LAW in Support re: #16 CROSS MOTION for Summary Judgment ., #5 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(B)(6). . Document filed by 1042 II Realty, Inc.. (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).(Storch, Zvi)
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Filing 16
CROSS MOTION for Summary Judgment . Document filed by 1042 II Realty, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order).(Storch, Zvi)
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Filing 15
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #14 CROSS MOTION for Summary Judgment and in oppposition to motion to dismiss. . Document filed by Ocwen Loan Servicing, LLC..(Aiello, Jacqueline) Modified on 5/11/2021 (ldi).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Zvi Aryeh Storch to RE-FILE Document #14 CROSS MOTION for Summary Judgment and in opposition to motion to dismiss., #10 FIRST MOTION for Summary Judgment and in opposition to motion to dismiss. 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. Rule 56.1 Statement is found under the event list Other Answers. (ldi)
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Filing 14
FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION for Summary Judgment and in oppposition to motion to dismiss. Document filed by 1042 II Realty, Inc.. (Attachments: #1 Exhibit Exhibits A-G, #2 Memorandum of Law, #3 Text of Proposed Order Proposed Order, #4 56.1 Statement).(Storch, Zvi) Modified on 5/11/2021 (ldi).
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Filing 13
ORDER: IT IS HEREBY ORDERED that Plaintiff's response in opposition to the motion to dismiss and Plaintiff's cross-motion for summary judgment is STRICKEN from the record. By no later than Monday, May 10, 2021, Plaintiff must re-file its response and cross-motion. The filing must be in compliance with the Federal Rules of Civil Procedure, the SDNY Local Civil Rules, and the undersigned's Individual Practices in Civil Cases. Failure to comply with these rules may lead to the summary denial of Plaintiff's motion, sanctions, or both. IT IS FURTHER ORDERED that Defendant's deadline to reply in support of its motion to dismiss and to respond in opposition to any cross-motion for summary judgment is adjourned to Friday, May 14, 2021. The Court recognizes that Defendant may need more than one week to prepare its brief and Rule 56.1 Statement. Defense counsel is welcome to file a request for an adjournment of this deadline. Plaintiff's reply in support of its cross-motion for summaryjudgment is due no later than Friday, May 21, 2021. SO ORDERED., ( Cross Motions due by 5/10/2021., Responses due by 5/14/2021, Replies due by 5/21/2021.) (Signed by Judge Valerie E. Caproni on 5/07/2021) (ama).
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Filing 12
DECLARATION of Zvi Storch in Opposition re: #10 FIRST MOTION for Summary Judgment and in oppposition to motion to dismiss.. Document filed by 1042 II Realty, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Rule 56.1 Statement).(Storch, Zvi)
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Filing 11
ORDER TO SHOW CAUSE: By no later than Friday, 5/7/2021, Plaintiff must show cause as to why the cross-motion for summary judgment should not be summarily denied for failure to comply with this rule. (Signed by Judge Valerie E. Caproni on 5/3/2021) (tro)
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Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Summary Judgment and in oppposition to motion to dismiss. Document filed by 1042 II Realty, Inc.. (Attachments: #1 Exhibit Exhibits A-G, #2 Memorandum of Law, #3 Text of Proposed Order Proposed order).(Storch, Zvi) Modified on 5/11/2021 (ldi).
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Filing 9
NOTICE OF APPEARANCE by Zvi Aryeh Storch on behalf of 1042 II Realty, Inc...(Storch, Zvi)
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Filing 8
CERTIFICATE OF SERVICE of Court's April 13,2020 Order served on Plaintiff, 1042 II REALTY, INC, on 04/14/2021. Service was made by Mail. Document filed by Ocwen Loan Servicing, LLC..(Aiello, Jacqueline)
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Filing 7
ORDER: IT IS HEREBY ORDERED that Plaintiff's response in opposition to the Motion to Dismiss is due no later than Friday, April 30, 2021. Plaintiff is reminded that it may file an Amended Complaint in lieu of filing a response. See Rule 4(E)(i) of the undersigneds Individual Practices in Civil Cases. If Plaintiff responds in opposition to the Motion, Defendant's reply in support of the Motion is due no later than Friday, May 7, 2021. IT IS FURTHER ORDERED that by no later than Friday, April 16, 2021, Defendant must serve this Order on Plaintiff. Defendant must file proof of service on the docket by no later than Monday, April 19, 2021. IT IS FURTHER ORDERED that Plaintiff's counsel must file a notice of appearance by no later than Friday, April 23, 2021. SO ORDERED., ( Responses due by 4/30/2021, Replies due by 5/7/2021.) (Signed by Judge Valerie E. Caproni on 4/13/2021) (ama)
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Filing 6
MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(B)(6). . Document filed by Ocwen Loan Servicing, LLC. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B-Mortgage, #3 Exhibit C-Motion to Discontinue, #4 Exhibit D-Order, #5 Exhibit D'Assaro Decision, #6 Exhibit F-MacPherson Decision, #7 Exhibit G-Bartram v. U.S National Association).(Aiello, Jacqueline)
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Filing 5
MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(B)(6). Document filed by Ocwen Loan Servicing, LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service).(Aiello, Jacqueline)
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Filing 4
CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference served on 1042 Realty, Inc. on 04/06/2021. Service was made by Mail. Document filed by Ocwen Loan Servicing, LLC..(Aiello, Jacqueline)
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Filing 3
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on May 21, 2021 at 11:00 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888- 363-4749, Access code 3121171#, Security code 2761. Counsel should submit their proposed case management plan and joint letter as outlined below. In their joint letter, the parties should indicate whether they believe a Rule 16 conference is unnecessary and ask that their proposed Case Management Plan simply be so ordered; or whether they believe a conference would be helpful and have no objection to proceeding by teleconference; or whether they believe a conference would be helpful and request it be adjourned until such time as it can be safely held in person. If the parties prefer an in-person conference, they should propose three mutually- agreed upon Fridays for the conference, although the Court does not guarantee it will honor the parties' preferred date. This Court encourages plaintiffs to serve defendants promptly. Plaintiff's counsel, or the defendant's counsel in removed cases, is responsible for distributing copies of this Notice to all parties. And as set forth herein. SO ORDERED. Initial Conference set for 5/21/2021 at 11:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/02/2021) (ama)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jacqueline Marie Aiello. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding). The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court). (sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jacqueline Marie Aiello. The party information for the following party/parties has been modified: 1042 II Realty, Inc.; Ocwen Loan Servicing, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(sj)
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Magistrate Judge Ona T. Wang 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. (sj)
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Case Designated ECF. (sj)
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Filing 2
CIVIL COVER SHEET filed..(Aiello, Jacqueline)
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Filing 1
NOTICE OF REMOVAL from SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX, County of Bronx. Case Number: 800501/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-24333910).Document filed by OCWEN LOAN SERVICING, LLC,. (Attachments: #1 Certificate of Service, #2 Exhibit A- Complaint).(Aiello, Jacqueline)
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