PNC Bank, National Association v. Yadav et al
| PNC Bank National Association and PNC Bank, National Association |
| Anil S. Yadav and Vandana Yadav |
| 1:2021cv09762 |
| November 23, 2021 |
| U.S. District Court for the Southern District of New York |
| Paul G Gardephe |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Defendant |
Docket Report
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This docket was last retrieved on May 4, 2022. A more recent docket listing may be available from PACER.
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| Filing 29 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) PNC Bank, National Association and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by PNC Bank, National Association. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Silberfarb, Michael) |
Filing 28
ORDER FOR ADMISSION PRO HAC VICE granting #27 Motion for Regina Stango Kelbon to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 4/13/2022) (ks)
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| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 4/8/2022. (cf) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Regina Stango Kelbon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25975738. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 27 MOTION for Regina Stango Kelbon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25975738. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PNC Bank, National Association. (Attachments: #1 Declaration, #2 Proposed Order).(Kelbon, Regina) |
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Filing 26
ORDER: granting #25 Letter Motion for Conference re: #25 JOINT LETTER MOTION for Conference re: #24 Scheduling Order, respectfully requesting that the Settlement Conference on for April 8, 2022 be held via video conference, etc. addressed to Magistrate Judge Gabriel W. Gorenstein from Michael. Application granted. The parties should send the link to the same email address where settlement submissions are sent (and in an email separate from the email attaching the settlement submissions). SO ORDERED. Video Conference Settlement Conference set for 4/8/2022 at 02:30 PM before Magistrate Judge Gabriel W. Gorenstein.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/01/2022) (ama)
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| Filing 25 JOINT LETTER MOTION for Conference re: #24 Scheduling Order,,, respectfully requesting that the Settlement Conference on for April 8, 2022 be held via video conference, etc. addressed to Magistrate Judge Gabriel W. Gorenstein from Michael D. Silberfarb, Esq. dated April 1, 2022. Document filed by PNC Bank, National Association..(Silberfarb, Michael) |
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Filing 24
CORRECTED ORDER SCHEDULING SETTLEMENT CONFERENCE: This Order supersedes Docket # 23. A telephonic settlement conference in this matter is scheduled for April 8, 2022 at 2:30 p.m. The Court will provide to the parties dial-in information separately by email. Counsel must read the Court's "Standing Order Applicable to Telephonic Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. When dialing in to the conference, the parties must be in a quiet location, must not be outdoors or in a vehicle, and must not use a speakerphone. And as set forth herein. SO ORDERED. Settlement Conference set for 4/8/2022 at 02:30 PM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/18/2022) (ama)
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Filing 23
ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter is scheduled for April 18, 2022 at 10:00 a.m. The Court will provide to the parties dial-in information separately by email. Counsel must read the Court's "Standing Order Applicable to Telephonic Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. When dialing in to the conference, the parties must be in a quiet location, must not be outdoors or in a vehicle, and must not use a speakerphone. And as set forth herein. SO ORDERED. Settlement Conference set for 4/18/2022 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/18/2022) (ama)
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| Filing 22 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jeremy M. King dated March 17, 2022 re: the parties availability for a settlement conference. Document filed by Anil S. Yadav, Vandana Yadav..(King, Jeremy) |
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Filing 21
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). Whether this case will be tried by a jury will be decided at a later point. Fact Deposition due by 6/8/2022. Fact Discovery due by 6/8/2022. Pretrial Conference set for 6/16/2022 at 10:15 AM before Judge Paul G. Gardephe. Counsel for the paiiies have conferred and their present best estimate of the length of trialis 5 days. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/10/2022) (ks)
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Filing 20
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/10/2022) (ama)
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| Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 3/10/2022. (Court Reporter Sadie Herbert) (mr) |
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Filing 19
ORDER: The conference currently scheduled for March 10, 2022 at 10:45 a.m. will take place by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. One day before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/8/2022) (ks)
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| Filing 18 LETTER addressed to Judge Paul G. Gardephe from Michael Silberfarb and Jeremy M. King dated March 4, 2022 re: Joint Status Letter in Advance of the Initial Pretrial Conference. Document filed by PNC Bank, National Association. (Attachments: #1 Exhibit A).(Silberfarb, Michael) |
| Filing 17 ANSWER to #16 Counterclaim. Document filed by PNC Bank, National Association..(Silberfarb, Michael) |
| Filing 16 ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against PNC Bank, National Association. Document filed by Vandana Yadav, Anil S. Yadav..(King, Jeremy) |
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Filing 15
STIPULATION: IT IS HEREBY STIPULATED by and between Plaintiff PNC Bank, National Association ("Plaintiff") and Anil S. Yadav, in his individual capacity, and Anil S. Yadav and Vandana Yadav, in their capacities as trustees for The 1998 Anil Yadav's Family Trust U/A/D December 15, 1998 (collectively "Defendants"), through undersigned counsel, that (i) the time by which Defendants must answer or otherwise respond to Plaintiff's Complaint in the above-captioned action is extended from February 2, 2022, until February 16, 2022. This is the second requested extension of Defendants' time to answer or otherwise respond to the Plaintiff's Complaint. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/1/2022) (ks)
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| Set/Reset Deadlines: Anil S. Yadav answer due 2/16/2022; Vandana Yadav answer due 2/16/2022. (ks) |
| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Anil S. Yadav, Vandana Yadav..(King, Jeremy) |
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Filing 13
STIPULATION EXTENDING TIME TORESPOND TO COMPLAINT IT IS HEREBY STIPULATED by and between Plaintiff PNC Bank, National Association ("Plaintiff") and Defendants (1) Anil Yadav and (2) Anil and Vandana Yadav on behalf of, and in her capacity as the Trustee for the 1998 Anil Yadav's Family Trust U/A/D/ December 15, 1998 (collectively, "Defendants"), through undersigned counsel, that (i) the time by which Defendants must answer or otherwise respond to Plaintiffs Complaint in the above-captioned action is extended until February 2, 2021. Defendants' time to respond to the Complaint is extended until February 2, 2022. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/5/2022) Anil S. Yadav answer due 2/2/2022; Vandana Yadav answer due 2/2/2022. (ks)
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| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by PNC Bank, National Association..(Silberfarb, Michael) |
| Filing 11 NOTICE OF APPEARANCE by Brian N Sproat, Jr on behalf of PNC Bank, National Association..(Sproat, Brian) |
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Filing 10
MEMO ENDORSED ORDER granting #9 Motion for B. Nelson Sproat to Appear Pro Hac Vice. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 12/16/21) (yv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for B. Nelson Sproat to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25467731. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 9 MOTION for B. Nelson Sproat to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25467731. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PNC Bank, National Association..(Sproat, Brian) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Vandana Yadav served on 11/30/2021, answer due 12/21/2021. Service was accepted by Mariuci "Doe" a person of suitable age and discretion at defendant Yandana Yadav's residence. Service was made by Mail - Additional Mailing to Perfect Substitute of Service. Document filed by PNC Bank, National Association..(Silberfarb, Michael) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Anil S. Yadav served on 11/30/2021, answer due 12/21/2021. Service was accepted by Mariuci "Doe" a person of suitable age and discretion at defendant Anil S. Yadav's residence. Service was made by Mail - Additional Mailing to Perfect Substitute Service. Document filed by PNC Bank, National Association..(Silberfarb, Michael) |
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Filing 6
NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 3/10/2022 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/26/2021) (ks)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Anil S. Yadav, Vandana Yadav..(pc) |
| Case Designated ECF. (pc) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael David Silberfarb re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): Add Anil S. Yadav to CM ECF with the party text "as trustee for THE 1998 ANIL YADAVS FAMILY TRUST U/A/D DECEMBER 15, 1998". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael David Silberfarb. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,800,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael David Silberfarb. The party information for the following party/parties has been modified: Anil S. Yadav. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) Modified on 11/24/2021 (pc). |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PNC Financial Services Group, Inc. for PNC Bank National Association. Document filed by PNC Bank National Association..(Silberfarb, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Anil S. Yadav and Vandana Yadav, re: #1 Complaint,. Document filed by PNC Bank National Association..(Silberfarb, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Silberfarb, Michael) |
| Filing 1 COMPLAINT against Anil S. Yadav, Vandana Yadav. (Filing Fee $ 402.00, Receipt Number ANYSDC-25374439)Document filed by PNC Bank National Association. (Attachments: #1 Exhibit A - Individual Guaranty, #2 Exhibit B - Trust Guaranty, #3 Exhibit C - Placeholder, #4 Exhibit D - First Default Letter, #5 Exhibit E - Second Default Letter, #6 Exhibit F - Third Default Letter, #7 Exhibit G - Acceleration Notice).(Silberfarb, Michael) |
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