Miley et al v. Citibank, N.A.
| Cornel Miley and Charqweshia Miley |
| Citibank, N.A. |
| 1:2021cv07839 |
| September 20, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Negotiable Instrument |
| 28 U.S.C. § 1332 bc |
| None |
Docket Report
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This docket was last retrieved on November 5, 2021. A more recent docket listing may be available from PACER.
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Filing 22
MEMORANDUM OPINION AND ORDER re: #7 MOTION to Compel Arbitration and Stay the Proceedings. filed by Citibank, N.A. Citibank's motion to compel arbitration must be and is GRANTED. Additionally, in light of the fact that all claims are subject to arbitration, and Citibank requests a stay, the action is stayed pending resolution of the arbitration. See Katz v. Cellco Pship, 794 F.3d 341, 345 (2d Cir. 2015) ("We join those Circuits that consider a stay of proceedings necessary after all claims have been referred to arbitration and a stay requested."); Salim Oleochemicals v. M/V Shropshire, 278 F.3d 90, 92-93 (2d Cir. 2002) (noting that district courts should be mindful of the fact that a dismissal is appealable whereas a stay is not and that "[u]nnecessary delay of the arbitral process through appellate review is disfavored" (cleaned up)). That said, the Court sees no reason to keep the case open pending arbitration. Accordingly, the Clerk of Court is directed to terminate ECF No. 7 and to administratively close the case, without prejudice to either side moving by letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. The Clerk of Court is further directed to mail a copy of this Memorandum Opinion and Order to Plaintiffs. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/5/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #22 Memorandum & Opinion, to Cornel Miley at 1022 Weatherwood Place NE, Conyers, GA 30012. (dsh)
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Filing 21
CERTIFICATE OF SERVICE of Reply Brief in Further Support of Defendant's Motion to Compel Arbitration and to Stay the Proceedings served on Cornel Miley and Charqweshia Miley on November 3, 2021. Service was made by FedEx. Document filed by Citibank, N.A...(Lippert, Matthew)
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Filing 20
REPLY MEMORANDUM OF LAW in Support re: #7 MOTION to Compel Arbitration and Stay the Proceedings. . Document filed by Citibank, N.A...(Lippert, Matthew)
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Filing 19
OBJECTION(Affirmation in Oppositon) TO RESPONDENT'S NOTICE OF MOTION TO COMPEL ARBITRATION & STAY THE PROCEEDINGS, re: #7 MOTION to Compel Arbitration and Stay the Proceedings. Document filed by Charqweshia Miley, Cornel Miley. (sc)
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Filing 18
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Chargweshia Miley consents to receive electronic service via the ECF system. Document filed by Charqweshia Miley.(sc)
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Filing 17
ORDER: Plaintiffs in this case are proceeding without counsel, that is, pro se. In light of the current global health crisis, parties proceeding pro se are encouraged to submit all filings as PDFs by email toTemporary_Pro_Se_Filing@nysd.uscourts.gov. Instructions for filing documents by email are attached to this Order. Pro se parties who are unable to use email may still submit documents by regular mail to the Pro Se Office, Thurgood Marshall Courthouse, 40 Centre Street, Room 105, New York, New York 10007, or in person at the drop box located at the U.S. Courthouse at 500 Pearl Street. In either case, however, there may be significant delays before such filings are received and/or docketed and further set forth in this Order. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiffs. (Signed by Judge Jesse M. Furman on 9/30/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing 16
ORDER terminating #12 Motion to Amend/Correct #12 MOTION to Amend/Correct., #14 LETTER MOTION to Stay addressed to Judge Jesse M. Furman from Matthew L. Lippert dated September 29, 2021. ; terminating #14 Letter Motion to Stay re: #12 MOTION to Amend/Correct., #14 LETTER MOTION to Stay addressed to Judge Jesse M. Furman from Matthew L. Lippert dated September 29, 2021. It is hereby ORDERED that Plaintiffs shall file any opposition to Citibank's motion to compel arbitration and stay these proceedings by October 27, 2021. Citibank shall file any reply by November 3, 2021. The Court will reserve judgment on Plaintiffs' motion to amend their complaint until it issues a decision on Defendant's motion to compel arbitration. Any party may request an extension of the briefing schedule for the motion. A deadline will be extended if the party demonstrates that its pursuit of the action has been diligent and that there is a good reason for extending the deadline. The Clerk of Court is directed to terminate ECF Nos. 12 and 14 and to mail a copy of this Order to Plaintiffs. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/30/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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Set/Reset Deadlines: Responses due by 10/27/2021, Replies due by 11/3/2021. (jca)
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Mailed a copy of #16 Order on Motion to Amend/Correct, Order on Motion to Stay, to Charqweshia Miley and Cornel Miley at 1022 Weatherwood Place, NE Conyers, GA 30012. (dsh)
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Mailed a copy of #17 Order, to Charqweshia Miley and Cornel Miley at 1022 Weatherwood Place, NE Conyers, GA 30012. (dsh)
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Filing 15
CERTIFICATE OF SERVICE of Letter Motion Seeking Stay of Certain Matters served on Plaintiffs on September 28, 2021. Service was made by FedEx. Document filed by Citibank, N.A...(Lippert, Matthew)
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Filing 14
LETTER MOTION to Stay addressed to Judge Jesse M. Furman from Matthew L. Lippert dated September 29, 2021. Document filed by Citibank, N.A...(Lippert, Matthew)
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Filing 13
BRIEF IN SUPPORT OF MOTION TO AMEND PETITION re: #12 MOTION to Amend/Correct.. Document filed by Charqweshia Miley, Cornel Miley..(rro)
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Filing 12
MOTION TO AMEND PETITION. Document filed by Charqweshia Miley, Cornel Miley..(rro)
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Filing 11
CERTIFICATE OF SERVICE of Notice of Motion; Memorandum of Law; Declaration of Matthew L. Lippert; Declaration of Kelly Booth served on Cornel Miley on September 27, 2021. Service was made by FedEx. Document filed by Citibank, N.A...(Lippert, Matthew)
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Filing 10
DECLARATION of Matthew L. Lippert in Support re: #7 MOTION to Compel Arbitration and Stay the Proceedings.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Lippert, Matthew)
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Filing 9
DECLARATION of Kelly Booth in Support re: #7 MOTION to Compel Arbitration and Stay the Proceedings.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Lippert, Matthew)
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Filing 8
MEMORANDUM OF LAW in Support re: #7 MOTION to Compel Arbitration and Stay the Proceedings. . Document filed by Citibank, N.A...(Lippert, Matthew)
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Filing 7
MOTION to Compel Arbitration and Stay the Proceedings. Document filed by Citibank, N.A...(Lippert, Matthew)
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Filing 6
CERTIFICATE OF SERVICE of Notice of Removal (with exhibit), the Civil Cover Sheet, the Rule 7.1 Statement, this Courts Individual Rules and Practices in Civil Cases, this Courts Individual Rules and Practices in Civil Pro Se Cases served on Cornel and Charqweshia Miley on 09/20/21. Service was made by Overnight Delivery Service. Document filed by Citibank, N.A...(Lippert, Matthew)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Lawrence Lippert. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1330; Dollar Demand $5,200,000; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Dollar Demand has been modified to none; the County code has been modified to XX Out of State;. (jgo)
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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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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)
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Case Designated ECF. (jgo)
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Filing 4
NOTICE OF REMOVAL from New York Supreme, County of New York. Case Number: 655116/2021..Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A - State Court Papers).(Lippert, Matthew)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CitiGroup Inc., Corporate Parent Citicorp LLC for Citibank, N.A.. Document filed by Citibank, N.A...(Lippert, Matthew)
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Filing 2
CIVIL COVER SHEET filed..(Lippert, Matthew)
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Filing 1
NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 655116/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25084870).Document filed by Citibank, N.A...(Lippert, Matthew)
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