Pennicott v. JPMorgan Chase Bank, N.A. et al
Defendant: Federal National Mortgage Association, JPMorgan Chase Bank, N.A., REAL PROPERTY 991 GRANT AVENUE PELHAM NEW YORK SECTION 166.44, BLOCK 1, LOT 71 and JOHN DOE 1 through 100, JANE DOE 1 through 100, XYZ CORP. 1 through 100, ABC LLC 1 through 100 inclusive, the names being fictitious and unknown to plaintiff, such persons and/or entities being intend
Alternative Dispute Resolution (Adr) Provider: Marcia Pennicott
Case Number: 1:2021cv04575
Filed: May 21, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Alison J Nathan
Referring Judge: Ona T Wang
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2021 Mailed a copy of #19 Order on Motion for Extension of Time to File Response/Reply, to Marcia Pennicott at 991 Grant Avenue, Pelham, NY 10803. (dsh)
July 21, 2021 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time to File Response/Reply re #18 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss . On July 15, 2021, the Defendants filed a motion to dismiss. Dkt. No. 14. Pursuant to Rule 3.F. of this Court's Individual Practices in Civil Cases, on or before August 13, 2021, the Plaintiff must notify the Court and the Defendants in writing whether (1) she intends to file an amended complaint and when she will do so or (2) she will rely on her existing complaint and oppose the motion to dismiss. The Plaintiff is on notice that declining to amend her complaint to timely respond to a fully briefed argument in the Defendants' motion to dismiss may well constitute a waiver of the Plaintiffs right to use the amendment process to cure any defects that have been made apparent by the Defendants' briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If the Plaintiff chooses to amend, the Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that they will rely on the initially-filed motion to dismiss. The Court also GRANTS the Plaintiff's request for an extension of time to oppose the motion to dismiss (Dkt. No. 18). If the Plaintiff chooses to oppose the motion rather than file an amended complaint, she may file her opposition by August 20, 2021. The Clerk of Court is respectfully directed to mail a copy of this Order to the Plaintiff and to note the mailing on the public docket. SO ORDERED. #14 MOTION to Dismiss . Responses due by 8/20/2021. (Signed by Judge Alison J. Nathan on 7/21/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
July 21, 2021 Filing 18 MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS, re: for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss . Document filed by Marcia Pennicott.(sc)
July 19, 2021 Opinion or Order Filing 17 ORDER granting #16 Letter Motion to Adjourn Conference. The Initial Pretrial Conference scheduled for Tuesday, July 20, 2021 at 12:00 p.m. is adjourned sine die pending the Court's decision on Defendants' Motion to Dismiss (ECF 14). Defendants are directed to mail a copy of this Order to Plaintiff. The Clerk of Court is directed to close ECF 16. (Signed by Magistrate Judge Ona T. Wang on 7/19/2021) (rro) Transmission to Docket Assistant Clerk for processing.
July 16, 2021 Filing 16 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from Chong Lim dated 07/16/2021. Document filed by Federal National Mortgage Association, JPMorgan Chase Bank, N.A.. (Attachments: #1 Cert of Service of Letter).(Lim, Chong)
July 15, 2021 Filing 15 CERTIFICATE OF SERVICE of Filed Motion to Dismiss served on Pennicott on 7/15/2021. Service was made by Mail. Document filed by Federal National Mortgage Association, JPMorgan Chase Bank, N.A...(Lim, Chong)
July 15, 2021 Filing 14 MOTION to Dismiss . Document filed by Federal National Mortgage Association, JPMorgan Chase Bank, N.A.. (Attachments: #1 Memo of Law in support of dismissal, #2 Attorney Declaration in support, #3 Exhibit Exh 1 - Mortgage, #4 Exhibit Exh 2 - WebCivil - Foreclosure Action, #5 Exhibit Exh 3 - NYSCEF Docket - Foreclosure Action, #6 Exhibit Exh 4 - AOM - Foreclosure Action, #7 Exhibit Exh 5 - OOR - Foreclosure Action, #8 Exhibit Exh 6 - JFS - Foreclosure Action, #9 Exhibit Exh 7 - Referee's Report - Foreclosure Action, #10 Exhibit Exh 8 - Referee's Deed - Foreclosure Action, #11 Exhibit Exh 9 - Improper Complaint - Foreclosure Action, #12 Exhibit Exh 10 - Order of dismissal Improper Complaint- Foreclosure Action, #13 Exhibit Exh 11 - Order granting SJ - First Federal Action, #14 Exhibit Exh 12 - Order of dismissal - Second Federal Action, #15 Notice to Pro Se Litigant, #16 Cert of Service (prior), #17 Letter to Judge Nathan).(Lim, Chong)
June 3, 2021 Opinion or Order Filing 13 INITIAL CASE MANAGEMENT CONFERENCE ORDER: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held telephonically on Tuesday, July 20, 2021 at 12:00 p.m. The dial in information is (866) 3901828, access code 1582687. (Initial Conference set for 7/20/2021 at 12:00 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 6/3/2021) (rro)
June 2, 2021 Opinion or Order Filing 12 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/2/2021) (vfr)
June 1, 2021 Filing 11 CERTIFICATE OF SERVICE of Notice of Removal, Notice of Appearances, Corporate Disclosures, Civil Cover Sheet, Letter Application served on Marcia Pennicott on 6/1/2021. Service was made by Mail. Document filed by Federal National Mortgage Association, JPMorgan Chase Bank, N.A...(Lim, Chong)
May 28, 2021 Opinion or Order Filing 10 ORDER granting #8 Letter Motion for Extension of Time. SO ORDERED. Motions due by 6/28/2021.. (Signed by Judge Alison J. Nathan on 5/28/2021) (nb)
May 26, 2021 Filing 9 CERTIFICATE OF SERVICE of Letter Application Extension, Civil Cover Sheet, Notice of Appearance, Corporate Disclosures served on Marcia Pennicott on 5/26/2021. Service was made by Mail. Document filed by Federal National Mortgage Association, JPMorgan Chase Bank, N.A...(Lim, Chong)
May 26, 2021 Filing 8 LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Chong S. Lim dated 5/26/2021. Document filed by Federal National Mortgage Association, JPMorgan Chase Bank, N.A...(Lim, Chong)
May 26, 2021 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Federal National Mortgage Association..(Lim, Chong)
May 26, 2021 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Vanguard Group Inc. for JPMorgan Chase Bank, N.A.. Document filed by JPMorgan Chase Bank, N.A...(Lim, Chong)
May 26, 2021 Filing 5 NOTICE OF APPEARANCE by Chong Lim on behalf of Federal National Mortgage Association, JPMorgan Chase Bank, N.A...(Lim, Chong)
May 26, 2021 Filing 4 CIVIL COVER SHEET filed..(Lim, Chong)
May 26, 2021 Filing 3 NOTICE OF APPEARANCE by Brian Peter Scibetta on behalf of Federal National Mortgage Association, JPMorgan Chase Bank, N.A...(Scibetta, Brian)
May 26, 2021 ADD PARTY FOR PLEADING. Defendants/Respondents REAL PROPERTY 991 GRANT AVENUE PELHAM NEW YORK SECTION 166.44, BLOCK 1, LOT 71, JOHN DOE 1 through 100, JANE DOE 1 through 100, XYZ CORP. 1 through 100, ABC LLC 1 through 100 inclusive, the names being fictitious and unknown to plaintiff, such persons and/or entities being intended to be those persons and/or entities with an interest in the real property known as 991 Grant Avenue, Pelham, New York 10803 added. Party added pursuant to #1 Notice of Removal,.Document filed by Federal National Mortgage Association, JPMorgan Chase Bank, N.A.. Related document: #1 Notice of Removal,..(Lim, Chong)
May 24, 2021 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Chong Lim. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
May 24, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Chong Lim. The party information for the following party/parties has been modified: Marcia Pennicott; JPMorgan Chase Bank, N.A.; Federal National Mortgage Association. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo)
May 24, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Chong Lim re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add parties Real Property 991 Grant Avenue Pelham New York Section 166.44, Block 1, Lot 71, John Doe 1 through 100, Jane Doe 1 through 100. XYX Corp. 1 through 100, ABC LLC 1 through 100 each with party text 'inclusive, the names being fictitious and unknown to plaintiff, such persons and/or entities being intended to be those persons and/or entities with an interest in the real property known as 991 Grand Avenue, Pelham, New York 10803'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
May 24, 2021 Case Designated ECF. (jgo)
May 24, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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)
May 24, 2021 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. (jgo)
May 21, 2021 Filing 2 CERTIFICATE OF SERVICE of Notice of Removal served on Marcia Pennicott on 5/21/2021. Service was made by MAIL. Document filed by Federal National Mortgage Association, JPMorgan Chase Bank, N.A...(Lim, Chong)
May 21, 2021 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 55246/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24572559).Document filed by Federal National Mortgage Association, JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit State Court Summons, Complaint, and Notice of Pendency).(Lim, Chong)

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Alternative dispute resolution (adr) provider: Marcia Pennicott
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Defendant: Federal National Mortgage Association
Represented By: Chong Lim
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Defendant: JPMorgan Chase Bank, N.A.
Represented By: Chong Lim
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Defendant: REAL PROPERTY 991 GRANT AVENUE PELHAM NEW YORK SECTION 166.44, BLOCK 1, LOT 71
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Defendant: JOHN DOE 1 through 100, JANE DOE 1 through 100, XYZ CORP. 1 through 100, ABC LLC 1 through 100 inclusive, the names being fictitious and unknown to plaintiff, such persons and/or entities being intend
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