Suarez v. Capital One Bank NA/FC et al
| Joel Horta Suarez |
| Capital One Bank NA/FC, Bank of America NA/Corp. and Santander Bank NA (USA) |
| 1:2022cv00568 |
| January 20, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2022. A more recent docket listing may be available from PACER.
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #25 Notice of Appeal filed by Joel Horta Suarez were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #25 Notice of Appeal. (tp) |
| Filing 25 NOTICE OF APPEAL from #23 Order of Dismissal. Document filed by Joel Horta Suarez. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Additional attachment(s) added on 3/15/2022: #1 Application for IFP) (tp). |
| Appeal Fee Due: for #25 Notice of Appeal. Appeal fee due by 3/28/2022. (tp) |
| Appeal Remark as to #25 Notice of Appeal filed by Joel Horta Suarez. IFP Denied 3/7/2022. (tp) |
Filing 24
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed under 28 U.S.C. 1915(e)(2)(B)(ii). The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Laura Taylor Swain on 3/7/2022) (Attachments: #1 Pro Se Appeal Package) (sac)
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Filing 23
ORDER OF DISMISSAL: Plaintiff's complaint, filed IFP under 28 U.S.C. 1915(a)(1), is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). The Court declines to exercise supplemental jurisdiction of any state law claims Plaintiff may be asserting. See 28 U.S.C. 1367. All outstanding motions are denied, and the Clerk of Court is directed to terminate them. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Plaintiff consents to electronic service. (ECF 5). (Signed by Judge Laura Taylor Swain on 3/7/2022) (sac)
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| Filing 22 MOTION TO THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FOR WRIT OF MANDAMUS AND ORDER FOR REGISTRATION OF STATUTORY LIEN FOR ENFORCEMENT IN OTHER DISTRICTS, AND TO FORCE ISSUANCE OF PRELIMINARY PAYMENT IN THE FORM OF CHECK FROM DEFENDANTS IN CASE JOEL A. HORTA SUAREZ(PETITIONER/PLAINTIFF) VS. CAPITAL ONE BANK NA/FC; BANK OF AMERICA NA/CORP.; SANTANDER BANK NA(USA);JPMORGAN CHASE & CO.(DEFENDANTS), IN ACTION FOR BREACH OF PRESENTMENT GUARANTEES ETC. Document filed by Joel Horta Suarez.(sc) |
| Filing 21 MOTION TO THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TO GIVE NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL UNDER 9-621. NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL; IN CASE JOEL A. HORTA SUAREZ (PETITIONER/PLAINTIFF) VS. CAPITAL ONE BANK NA/FC; BANK OF AMERICA NA/CORP.; SANTANDER BANK NA(USA); JPMORGAN CHASE & CO.; (DEFENDANTS), IN ACTION FOR BREACH OF PRESENTMENT GUARANTEES ETC. Document filed by Joel Horta Suarez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(sc) |
| Filing 20 MOTION TO UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TO GIVE NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL; IN CASE JOEL A. HORTA SUAREZ (PETITIONER/PLAINTIFF) VS. CAPITAL ONE BANK NA/FC; BANK OF AMERICA NA/CORP.; SANTANDER BANK NA(USA); JPMORGAN CHASE & CO.; (DEFENDANTS) IN ACTION FOR BREACH OF PRESENTMENT GUARANTEES; WRONGFUL DISHONOR OF INSTRUMENTS ETC. Document filed by Joel Horta Suarez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(sc) |
| Filing 19 MOTION MOTION TO UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TO GIVE NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL ; IN CASE JOEL A. HORTA SUAREZ (PETITIONER/PLAINTIFF) VS. CAPITAL ONE BANK NA/FC; BANK OF AMERICA NA/CORP.; SANTANDER BANK NA (USA); JPMORGAN CHASE & CO.; (DEFENDANTS) IN ACTION FOR BREACH OF PRESENTMENT GUARANTEES ETC. Document filed by Joel Horta Suarez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(sc) |
| Filing 18 MOTION TO THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TO GIVE NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL UNDER 9-621. NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERALL; IN CASE JOEL A. HORTA SUAREZ (PETITIONER/PLAINTIFF) VS. CAPITAL ONE BANK NA/FC; BANK OF AMERICA NA/CORP.; SANTANDER BANK NA(USA); JPMORGAN CHASE & CO.; (DEFENDANTS), IN ACTION FOR BREACH OF PRESENTMENT GUARANTEES, WRONGFUL DISHONOR OF INSTRUMENTS, LIABILITY FOR WRONGFUL REJECTION OF PAYMENT ORDERS, AND DENIAL OF SERVICES; UNDER U.C.C.F.R. & 15 US CODE. Document filed by Joel Horta Suarez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(sc) |
| Filing 17 MOTION re: Notification of Proposal to Accept Collateral under 9-621. Document filed by Joel Horta Suarez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (sac) |
| Filing 16 MOTION re: to Join/Add Party(ies) JPMorgan Chase & Co. Document filed by Joel Horta Suarez. (Attachments: #1 Main Document) (sac) |
| Filing 15 MOTION (for leave)TO FILE ADDENDUM FOR PETITIONER'S BENEFICIARY/DEPOSITOR BANKS' ROUTING NUMBER INFORMATION. Document filed by Joel Horta Suarez.(sc) |
| Filing 14 MOTION TO UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FOR PAYMENT DEMAND & PREJUDGMENT RELIEF FOR AN AMOUNT CERTAIN OF $500,000.00 TO RELIEVE PETITIONER OF CURRENT FINANIAL HARDSHIP, DISTRESS, & HOMELESSNESS; IN CASE JOEL A. HORTA SUAREZ(PETITIONER/PLAINTIFF) VS. CAPITAL ONE BANK NA/FC; BANK OF AMERICA NA/CORP.; SANTANDER BANK NA(USA) (DEFENDANTS) IN ACTION FOR BREACH OF PRESENTMENT GUARANTEES, WRONGFUL DISHONOR OF INSTRUMENTS, LIABILITY FOR WRONGFUL REJECTION OF PAYMENT ORDERS, & DENIAL OF SERVICES; UNDER U.C.C., C.F.R., & 15 U.S. CODE. Document filed by Joel Horta Suarez.(sc) |
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Filing 13
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 2/15/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 12 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS. Document filed by Joel Horta Suarez.(sc) |
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Filing 11
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 3/3/2022. In Forma Pauperis (IFP) Application due by 3/3/2022. (Signed by Judge Laura Taylor Swain on 2/1/22) (Attachments: #1 Supplement ifp) (bl) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 10 NOTICE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK PENDING, RELATED, & SUPPLEMENTAL CASES OR CLAIMS TO ACTION FOR BREACH OF PRESENTMENT GUARANTEES, WRONGFUL DISHONOR OF INSTRUMENTS, LIABILITY FOR WRONGFUL REJECTION OF PAYMENT ORDERS, AND DENIAL OF SERVICES UNDER U.C.C., C.F.R. & 15 U.S. CODE. Document filed by Joel Horta Suarez. (Attachments: #1 Exhibit, #2 Exhibit)(sc) |
| Filing 9 AMENDED LIEN: STATUTORY - Warning: This legal document reflects that a statutory lien has been placed on the property listed herein(as indicated). Document filed by Joel Horta Suarez. (sc) |
| Filing 8 ADDENDUM(Appendix)-AUTHORITIES IN SUPPORT OF STATUTORY LIEN,re: to #7 Remark. Document filed by Joel Horta Suarez.(sc) |
| Filing 7 LIEN: STATUTORY, Re: Warning - This document reflects that a construction lien has been placed on the real property listed herein etc. Document filed by Joel Horta Suarez. (sc) |
| Filing 6 CERTIFICATION OF EMERGENCY. Document filed by Joel Horta Suarez. (sc) |
| Filing 5 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Joel Horta Suarez consents to receive electronic service via the ECF system. Document filed by Joel Horta Suarez..(sc) |
| Filing 4 NOTICE OF APPEARANCE PRO SE by Joel Horta Suarez. (sc) |
| Filing 3 MOTION, re: for Leave to File Addendum for Petitioner's Beneficiary/Depositor Banks Routing Number Information. Document filed by Joel Horta Suarez. (Attachments: #1 Exhibit, #2 Exhibit).(sc) |
| Filing 2 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, re: for Permission for Joel Suarez to participate in electronic case filing in this case. Document filed by Joel Horta Suarez.(sc) |
| Filing 1 COMPLAINT against Bank of America NA/Corp., Capital One Bank NA/FC, Santander Bank NA (USA). Document filed by Joel Horta Suarez..(rdz) |
| Case Designated ECF. (rdz) |
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