Alleyne v. Wells Fargo Bank, National Association et al
| Taquan Alleyne |
| WELLS FARGO BANK, NATIONAL ASSOCIATION, Wells Fargo Bank Minnesota, N.A.) as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series, All Pro Capital Group, LLC d/b/a All Pro Construction, Wells Fargo Bank Minnesota, N.A. and All Pro Capital Group, LLC doing business as All Pro Construction |
| 1:2021cv09598 |
| November 19, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on April 12, 2022. A more recent docket listing may be available from PACER.
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Filing 19
MEMO ENDORSEMENT on re: #15 Notice of Substitution of Attorney, filed by All Pro Capital Group, LLC. ENDORSEMENT: The substitution of attorney is hereby approved and so ORDERED. ( Attorney Christopher M. Otton terminated.) (Signed by Judge Jesse M. Furman on 1/13/22) (yv)
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Filing 18
REPLY AFFIRMATION of Steven E. Millon in Support re: #14 MOTION to Remand to State Court .. Document filed by Taquan Alleyne. (Attachments: #1 Exhibit Exhibit 1- NY Secretary of State record, #2 Exhibit Exhibit 2 - NY Secretary of State record, #3 Affidavit Affidavit of Service).(Millon, Steven)
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Filing 17
AFFIRMATION of Joseph A. Orlando in Opposition re: #14 MOTION to Remand to State Court .. Document filed by All Pro Capital Group, LLC. (Attachments: #1 Exhibit "A" - Client Affidavit).(Orlando, Joseph)
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Filing 16
NOTICE OF APPEARANCE by Joseph Anthony Orlando on behalf of All Pro Capital Group, LLC..(Orlando, Joseph)
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Filing 15
NOTICE of Substitution of Attorney. Old Attorney: Christopher Otton, New Attorney: Joseph A. Orlando, Address: O'Connor Redd Orlando LLP, 242 King Street, P.O. Box 1000, Port Chester, New York, USA 10573, (914) 686-1700. Document filed by All Pro Capital Group, LLC..(Orlando, Joseph)
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Filing 14
MOTION to Remand to State Court . Document filed by Taquan Alleyne. Return Date set for 1/18/2022 at 09:30 AM. (Attachments: #1 Affirmation in Support, #2 Exhibit Exhibit 1 - Affidavit of service, #3 Exhibit Exhibit 2 - Civil Cover Sheet, #4 Exhibit Exhibit 3 - Return receipt, #5 Exhibit Exhibit 4 - Affidavit of service, #6 Exhibit Exhiibit 5 - Affidavit of service, #7 Affidavit Affidavit of service).(Millon, Steven)
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Filing 13
ORDER terminating #12 Letter Motion for Leave to File Document. There is no need for a conference. Any motion to remand must be filed by December 22, 2021. Any opposition must be filed by January 7, 2022. Any reply shall be due January 14, 2022. In addition to the question of timeliness, the parties shall address whether the reference to Wells Fargo Bank's consent in the Notice of Removal was sufficient to satisfy the rule of unanimity. See, e.g., Pietrangelo v. Alvas Corp., 686 F.3d 62, 66 (2d Cir. 2012) (holding that all defendants must independently express their consent to removal within the statutory thirty-day period in order to satisfy the rule of unanimity); Commonwealth Advisors Inc. v. Wells Fargo Bank, Nat'l Ass'n, No. 15-CV-7834 (JMF), 2016 WL 3542462, at *3 (S.D.N.Y. June 23, 2016) (stating that each defendant must formally and explicitly consent to removal (emphasis added) (internal quotation marks omitted)). The Clerk of Court is directed to terminate ECF No. 12. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/8/21) (yv)
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Filing 12
LETTER MOTION for Leave to File Motion to Remand addressed to Judge Jesse M. Furman from Steven E. Millon dated 12/06/2021. Document filed by Taquan Alleyne. (Attachments: #1 Affidavit Affidavit of Service).(Millon, Steven)
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Set/Reset Deadlines: Motions due by 12/22/2021. Responses due by 1/7/2022. Replies due by 1/14/2022. (yv)
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Filing 11
AFFIDAVIT of Will Hawkins in Support. Document filed by All Pro Capital Group, LLC..(Otton, Christopher)
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Filing 10
AFFIRMATION of Christopher M. Otton . Document filed by All Pro Capital Group, LLC. (Attachments: #1 Exhibit Exhibit A - Notice of Removal, #2 Exhibit Exhibit B - EDGAR search results, #3 Exhibit Exhibit C - SEC search results).(Otton, Christopher)
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Filing 9
AMENDED NOTICE OF REMOVAL against Taquan Alleyne; amending #1 Notice of Removal,,.Document filed by All Pro Capital Group, LLC. Related document: #1 Notice of Removal,,. (Attachments: #1 Exhibit Exhibit A - S&C, #2 Exhibit Exhibit B - Supp S&C, #3 Exhibit Exhibit C - Notice to County Clerk, #4 Exhibit Exhibit D - Aff of Service, #5 Exhibit Exhibit E - Answer to Amended Complaint, #6 Exhibit Exhibit F - Answer of All Pro Capital Group).(Otton, Christopher)
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Filing 8
NOTICE OF APPEARANCE by Gregory Paul Lewis on behalf of Wells Fargo Bank, National Association..(Lewis, Gregory)
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Filing 7
AFFIDAVIT OF SERVICE of Order served on Wells Fargo Bank, National Association on 12/2/2021. Service was made by Mail. Document filed by All Pro Capital Group, LLC..(Otton, Christopher)
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Filing 6
AFFIDAVIT OF SERVICE of Order served on Taquan Alleyne on 12/02/2021. Service was made by Mail. Document filed by All Pro Capital Group, LLC..(Otton, Christopher)
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/17/2022 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/30/2021) (jca)
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Filing 4
ORDER: Accordingly, on or before December 7, 2021, Defendant All Pro is ORDERED TO SHOW CAUSE why this action should not be remanded because it does not meet the statutory requirements for removal. See 28 U.S.C. 1146(b)(2)(A). In addition, by the same date, All Pro is ORDERED to amend its Notice of Removal to allege the citizenship of each constituent person or entity comprising All Pro (including the state of incorporation and principal place of business of any corporate entity member), as well as the citizenship of Defendant Wells Fargo Bank, National Association. If, by that date, All Pro is unable to show that its Notice of Removal meets the requirements of 28 U.S.C. 1146(b)(2)(A), and to amend its Notice of Removal to truthfully allege complete diversity of citizenship, then the action will be remanded to the Supreme Court of New York, County of Bronx, without further notice to either party. Finally, All Pro is directed to, within two business days of this Order, serve on Plaintiff and Defendant Wells Fargo Bank, National Association a copy of this Order and to file proof of such service on the docket. Counsel for both parties are directed to file a notice of appearance on the docket within two business days of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/30/2021) (jca)
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Filing 3
NOTICE OF APPEARANCE by Steven E. Millon on behalf of Taquan Alleyne..(Millon, Steven)
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NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Ronnie Abrams is no longer assigned to the case. (aea)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher M. Otton. The party information for the following party/parties has been modified: WELLS FARGO BANK, NATIONAL ASSOCIATION, All Pro Capital Group, LLC d/b/a All Pro Construction. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was entered incorrectly. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher M. Otton. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Bronx. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(vf)
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Case Designated ECF. (vf)
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Magistrate Judge Sarah Netburn 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. (vf)
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Filing 2
CIVIL COVER SHEET filed..(Otton, Christopher)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of New York, County of Bronx. Case Number: 811180/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-25357982).Document filed by All Pro Capital Group, LLC d/b/a All Pro Construction. (Attachments: #1 Exhibit Exhibit A - S&C, #2 Exhibit Exhibit B - Supplemental S&C, #3 Exhibit Exhibit C - Notice to County Clerk, #4 Exhibit Exhibit D - Affirmations of Service, #5 Exhibit Exhibit E - Answer to Amended Complaint from Wells Fargo, #6 Exhibit Exhibit F - Answer to Amended Complaint from All Pro Capital Group, #7 Exhibit Exhibit G - Notice to Adverse Parties of Removal to Federal Court).(Otton, Christopher)
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| Search for this case: Alleyne v. Wells Fargo Bank, National Association et al | |
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| Defendant: WELLS FARGO BANK, NATIONAL ASSOCIATION | |
| Represented By: | Gregory Paul Lewis |
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| Defendant: Wells Fargo Bank Minnesota, N.A.) as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series | |
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| Defendant: All Pro Capital Group, LLC d/b/a All Pro Construction | |
| Represented By: | Christopher M. Otton |
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| Defendant: Wells Fargo Bank Minnesota, N.A. | |
| Represented By: | Gregory Paul Lewis |
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| Defendant: All Pro Capital Group, LLC doing business as All Pro Construction | |
| Represented By: | Christopher M. Otton |
| Represented By: | Joseph Anthony Orlando |
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| Plaintiff: Taquan Alleyne | |
| Represented By: | Steven E. Millon |
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