Sanchez v. Bayview Loan Servicing, LLC et al
| Juan Sanchez |
| Bayview Loan Servicing, LLC, Bank of America, N.A., BAC Home Loans Servicing, L.P., FKA Countrywide Home Loans Servicing, L.L.P., Secretary of Housing and Urban Development, Mortgage Electronic Registrations Systems, I.N.C. and Somerset Investors Corp. |
| George Royer |
| 1:2022cv01484 |
| February 23, 2022 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Real Property: Other |
| 15 U.S.C. § 1640 Truth in Lending |
| Plaintiff |
Docket Report
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Filing 78
ORDER: The defendants are directed to provide the Court with courtesy copies of all papers filed in connection with the fully briefed motions to dismiss (ECF Nos. 53, 59). SO ORDERED. (Signed by Judge John G. Koeltl on 11/14/2022) (ks)
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| Filing 77 LETTER REPLY to Response to Motion addressed to Judge John G. Koeltl from Matthew Rothstein esq dated November 10, 2022 re: #75 LETTER MOTION for Oral Argument of Defendant, Bayview Loan Servicing, LLC's Motion to Dismiss plaintiffs' Second Amended Complaint addressed to Judge John G. Koeltl from Robert H. King dated November 10, 2022. Consent and request for oral argument. Document filed by George Royer, Juan Sanchez..(Rothstein, Matthew) |
| Filing 76 REPLY MEMORANDUM OF LAW in Support re: #59 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Affidavit Certification of Service).(King, Robert) |
| Filing 75 LETTER MOTION for Oral Argument of Defendant, Bayview Loan Servicing, LLC's Motion to Dismiss plaintiffs' Second Amended Complaint addressed to Judge John G. Koeltl from Robert H. King dated November 10, 2022. Document filed by Bayview Loan Servicing, LLC. Return Date set for 8/26/2022 at 09:30 AM..(King, Robert) |
| Filing 74 AFFIRMATION of MATTHEW ROTHSTEIN in Opposition re: #53 MOTION to Dismiss the Second Amended Complaint., #59 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by George Royer, Juan Sanchez. (Attachments: #1 Affidavit Declaration in Support of Opposition Motion, #2 Exhibit Emails between Bayview and Mr. Royer, #3 Exhibit Loan Modifiaction Letter from Bayview Principal Reduction Chart).(Rothstein, Matthew) |
| Filing 73 PROPOSED ORDER. Document filed by Bayview Loan Servicing, LLC. Related Document Number: #59 ..(King, Robert) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #73 Proposed Order was reviewed and approved as to form. (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Harold King to RE-FILE Document #72 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Use the event type Proposed Order found under the event list Proposed Orders. (db) |
| Filing 72 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Bayview Loan Servicing, LLC..(King, Robert) Modified on 10/5/2022 (db). |
| Filing 71 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Text of Proposed Order Proposed Order) Related Document Number: #59 ..(King, Robert) Proposed Order to be reviewed by Clerk's Office staff. Modified on 9/26/2022 (nd). |
| Filing 70 FIRST MEMORANDUM OF LAW in Support re: #59 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Affidavit Memo of Law in Support).(King, Robert) |
| Filing 69 DECLARATION of Robert H. King in Support re: #59 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Affidavit Declaration of Robert H. King).(King, Robert) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Robert King to RE-FILE Document No. #71 Proposed Order,. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order. Re-file the document separately. 1. Motion; 2. Proposed Order. (nd) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Harold King to RE-FILE Document #61 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #59 MOTION. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Harold King to RE-FILE Document #62 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Use the event type Proposed Order found under the event list Proposed Orders. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Harold King to RE-FILE Document #60 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #59 MOTION. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Harold King to RE-FILE Document #65 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Use the event type Letter found under the event list Other Documents. (db) |
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Filing 68
ORDER granting #66 Letter Motion for Extension of Time; granting #67 Letter Motion for Extension of Time. Application granted. The Clerk is directed to close Docket No. 66 and 67. So ordered. (Signed by Judge John G. Koeltl on 9/19/2022) (va)
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| Set/Reset Deadlines: Responses due by 10/21/2022. Replies due by 11/10/2022. (va) |
| Filing 67 FIRST LETTER MOTION for Extension of Time Attorney Cover Letter addressed to Judge John G. Koeltl from Robert H. King dated September 19, 2022. Document filed by Bayview Loan Servicing, LLC. Return Date set for 10/21/2022 at 09:30 AM..(King, Robert) |
| Filing 66 FIRST LETTER MOTION for Extension of Time to October 21, 2022 addressed to Judge John G. Koeltl from Matthew Rothstein esq dated September 18, 2022. Document filed by George Royer, Juan Sanchez..(Rothstein, Matthew) |
| Filing 65 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Bayview Loan Servicing, LLC. Responses due by 9/30/2022.(King, Robert) |
| Filing 64 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Bayview Loan Servicing, LLC. Responses due by 9/30/2022.(King, Robert) |
| Filing 63 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Bayview Loan Servicing, LLC. Responses due by 9/30/2022.(King, Robert) |
| Filing 62 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Bayview Loan Servicing, LLC. Responses due by 9/30/2022.(King, Robert) |
| Filing 61 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Bayview Loan Servicing, LLC. Responses due by 9/30/2022.(King, Robert) |
| Filing 60 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Bayview Loan Servicing, LLC. Responses due by 9/30/2022 (Attachments: #1 Exhibit Promissory Note, #2 Exhibit Recorded Mortgage, #3 Exhibit Recorded Assignments, #4 Exhibit Foreclosure Complaint, #5 Exhibit Foreclosure Affidavit, #6 Exhibit Loan Adjustment Agreement, #7 Exhibit Modification Worksheet, #8 Exhibit Court Order).(King, Robert) |
| Filing 59 FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Bayview Loan Servicing, LLC. Responses due by 9/30/2022.(King, Robert) |
| Filing 58 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#59) FIRST MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Affidavit Declaration of Robert H. King, #2 Exhibit Promissory Note, #3 Exhibit Recorded Mortgage, #4 Exhibit Recorded Assignments, #5 Exhibit Foreclosure Complaint, #6 Exhibit Foreclosure Affidavit, #7 Exhibit Loan Modification, #8 Exhibit Modification Worksheet, #9 Exhibit Court Order, #10 Supplement Memorandum of Law, #11 Text of Proposed Order Proposed Order, #12 Affidavit Certification of Service, #13 Affidavit Affidavit of Service, #14 Affidavit Letter to Parties).(King, Robert) Modified on 9/16/2022 (lb). |
| Filing 57 CERTIFICATE OF SERVICE of Motion served on George Royer-Sanchez on 9/16/2022. Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C...(Blaine, Michael) |
| Filing 56 PROPOSED ORDER. Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C.. Related Document Number: #53 ..(Blaine, Michael) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 55 DECLARATION of Michael Blaine in Support re: #53 MOTION to Dismiss the Second Amended Complaint.. Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C.. (Attachments: #1 Exhibit Note, #2 Exhibit Mortgage, #3 Exhibit Assignment, #4 Exhibit Assignment, #5 Exhibit Assignment, #6 Exhibit Cancel, #7 Exhibit Corrective Assignment, #8 Errata Cases).(Blaine, Michael) |
| Filing 54 MEMORANDUM OF LAW in Support re: #53 MOTION to Dismiss the Second Amended Complaint. . Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C...(Blaine, Michael) |
| Filing 53 MOTION to Dismiss the Second Amended Complaint. Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C.. Responses due by 9/30/2022.(Blaine, Michael) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #56 Proposed Order was reviewed and approved as to form. (km) |
| Filing 52 STIPULATION OF EXTENDING TIME TO FILE MOTIONS IT IS HEREBY AGREED AND STIPULATED AS FOLLOWS: That Defendants' time to Answer or Move with respect to Plaintiffs' Second Amended Complaint be and hereby is extended from August 26, 2022, to September 16, 2022; and Plaintiffs' Opposition if any be and hereby is due September 30, 2022; and Defendants Reply is due October 14, 2022. That this Stipulation may be executed in duplicate originals, and when taken together shall be deemed one original., Motions terminated: #51 FIRST LETTER MOTION for Extension of Time Attorney Cover Letter addressed to Judge John G. Koeltl from Robert H. King dated August 25, 2022. filed by Bayview Loan Servicing, LLC. (Signed by Judge John G. Koeltl on 8/26/2022) BAC Home Loans Servicing, L.P. answer due 9/16/2022; Bank of America, N.A. answer due 9/16/2022; Bayview Loan Servicing, LLC answer due 9/16/2022; FKA Countrywide Home Loans Servicing, L.L.P. answer due 9/16/2022; Mortgage Electronic Registrations Systems, I.N.C. answer due 9/16/2022; Secretary of Housing and Urban Development answer due 9/16/2022; Somerset Investors Corp. answer due 9/16/2022.( Motions due by 9/16/2022., Responses due by 9/30/2022, Replies due by 10/14/2022.) (ks) |
| Filing 51 FIRST LETTER MOTION for Extension of Time Attorney Cover Letter addressed to Judge John G. Koeltl from Robert H. King dated August 25, 2022. Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Exhibit Stipulation Amending Briefing Schedule).(King, Robert) |
| Filing 50 SECOND AMENDED COMPLAINT amending #47 Amended Complaint,,, against BAC Home Loans Servicing, L.P., Bank of America, N.A., Bayview Loan Servicing, LLC, FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C., Secretary of Housing and Urban Development, Somerset Investors Corp. with JURY DEMAND.Document filed by George Royer, Juan Sanchez. Related document: #47 Amended Complaint,,,. (Attachments: #1 Supplement Declaration, #2 Exhibit Ex. A Deed, #3 Exhibit Ex. B Mortgage, #4 Exhibit Ex. C Assignments, #5 Exhibit Ex. D Emails Bayview and Mr. Royer, letter to Mr. Royer, nd loan modification, #6 Exhibit EX. E Emails show Bayview was aware Mr. Royer owned the property by deed).(Rothstein, Matthew) |
| Filing 49 FIRST AMENDED COMPLAINT amending #45 Amended Complaint,, against BAC Home Loans Servicing, L.P., Bank of America, N.A., Bayview Loan Servicing, LLC, FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C., Secretary of Housing and Urban Development, Somerset Investors Corp. with JURY DEMAND.Document filed by George Royer, Juan Sanchez. Related document: #45 Amended Complaint,,..(Rothstein, Matthew) |
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Filing 48
ORDER FOR ADMISSION PRO HAC VICE: granting #44 Motion for Matthew H Rothstein to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 8/09/2022) (ama)
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| Filing 47 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - SECOND AMENDED COMPLAINT amending #46 Amended Complaint,,, #43 Amended Complaint,, against BAC Home Loans Servicing, L.P., Bank of America, N.A., Bayview Loan Servicing, LLC, FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C., Secretary of Housing and Urban Development, Somerset Investors Corp. with JURY DEMAND.Document filed by George Royer. Related document: #46 Amended Complaint,,, #43 Amended Complaint,,. (Attachments: #1 Supplement Declaration in Support, #2 Exhibit Ex. A Deed, #3 Exhibit Ex. B. Mortgage, #4 Exhibit Ex. C Assignments, #5 Exhibit Ex. D Emails and letter between Bayview and Plaintiff, and Loan Modification sent from Mere to RoyerRoyer, #6 Exhibit Ex. E Emails indicate Mr. Mere's knowledge that the deed was in Mr. Royers name).(Rothstein, Matthew) Modified on 8/10/2022 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew Rothstein to RE-FILE Document No. #47 Amended Complaint,,,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew Rothstein to RE-FILE Document No. #45 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 46 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - SECOND AMENDED COMPLAINT amending #43 Amended Complaint,, against BAC Home Loans Servicing, L.P., Bank of America, N.A., Bayview Loan Servicing, LLC, FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C., Secretary of Housing and Urban Development, Somerset Investors Corp. with JURY DEMAND.Document filed by George Royer. Related document: #43 Amended Complaint,,. (Attachments: #1 Exhibit Ex A. Deed transfer Sanchez to Royer, #2 Exhibit Ex B. Mortgage, #3 Exhibit Ex. C Assignments, #4 Exhibit Ex. D Emails Mr. Royer and Bayview, letter, loan mod., #5 Exhibit Ex. E Emails with defendant discuss deed transfer, #6 Exhibit Ex. F Court Order 7.25).(Rothstein, Matthew) Modified on 8/9/2022 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew Rothstein to RE-FILE Document No. #46 Amended Complaint,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; File the Declaration separately. Document does not have a caption citing "Second Amended Complaint". Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 45 FIRST AMENDED COMPLAINT amending #41 Amended Complaint,, against BAC Home Loans Servicing, L.P., Bank of America, N.A., Bayview Loan Servicing, LLC, FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C., Secretary of Housing and Urban Development, Somerset Investors Corp. with JURY DEMAND.Document filed by George Royer. Related document: #41 Amended Complaint,,..(Rothstein, Matthew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #44 FIRST MOTION for Matthew H Rothstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26508763. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 44 FIRST MOTION for Matthew H Rothstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26508763. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by George Royer. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Service).(Rothstein, Matthew) |
| Filing 43 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - SECOND AMENDED COMPLAINT amending #41 Amended Complaint,, against All Defendants with JURY DEMAND.Document filed by George Royer. Related document: #41 Amended Complaint,,. (Attachments: #1 Exhibit Deed transfer to George Royer, #2 Exhibit Original Mortgage, #3 Exhibit Assignments, #4 Exhibit Emails Mr. Royer submitted financial package and received promise, #5 Exhibit Emails includes deed discussion).(Rothstein, Matthew) Modified on 8/5/2022 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew Rothstein to RE-FILE Document No. #43 Amended Complaint,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the All Defendant radio button was selected; First Amended Complaint was initially rejected because of a filing error. The First Amended Complaint must be refiled correctly and approved before a Second Amended Complaint can be filed. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
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Filing 42
ORDER denying without prejudice #28 Motion to Dismiss; denying without prejudice #33 Motion to Dismiss. Because the plaintiffs intend to file an amended complaint, the pending motions to dismiss are denied without prejudice as moot. The plaintiffs should file an amended complaint by August 5, 2022. The defendants can move or answer by August 26, 2022. If the defendants make a motion, the plaintiffs can respond by September 9, 2022. The defendants may reply by September 19, 2022. The plaintiffs are reminded that, to avoid dismissal, the complaint must contain "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The Clerk is directed to close Docket Nos. 28 and 33. SO ORDERED.. (Signed by Judge John G. Koeltl on 7/22/2022) (ks)
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| Set/Reset Deadlines: Amended Pleadings due by 8/5/2022. Motions due by 8/26/2022. Responses due by 9/9/2022 Replies due by 9/19/2022. (ks) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Conference set for today 7/22/2022 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 41 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT against BAC Home Loans Servicing, L.P., Bank of America, N.A., Bayview Loan Servicing, LLC, FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C., Secretary of Housing and Urban Development with JURY DEMAND.Document filed by George Royer. (Attachments: #1 Exhibit A - Emails Letters and Loan Modification, #2 Exhibit B- Further emails with Mr. Mere of Bayview Loans).(Rothstein, Matthew) Modified on 7/21/2022 (pc). |
| Filing 40 REPLY AFFIRMATION of MATTHEW ROTHSTEIN LLC in Opposition re: #28 MOTION to Dismiss Plaintiffs' Complaint., #33 MOTION to Dismiss the Complaint.. Document filed by George Royer. (Attachments: #1 Exhibit A - Emails between Plaintiff and Defendant, #2 Exhibit B - Amended Complaint, #3 Exhibit C - Emails Letters and Loan Modification, #4 Affidavit Certificate of Service).(Rothstein, Matthew) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew Rothstein to RE-FILE Document No. #41 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 39 REPLY AFFIRMATION of MATTHEW ROTHSTEIN in Opposition re: #28 MOTION to Dismiss Plaintiffs' Complaint., #33 MOTION to Dismiss the Complaint.. Document filed by George Royer. (Attachments: #1 Exhibit A, #2 Exhibit B).(Rothstein, Matthew) |
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Filing 38
STIPULATION TO EXTEND TIME TO OPPOSE DEFENDANTS MOTION TO DISMISS: IT IS HEREBY STIPULATED AND AGREED between the parties of this matter by stipulation that Plaintiffs time to make a motion in Opposition of Defendant's Bank of America and Bayview/Community Home Servicing's Motions to Dismiss filed May 26, 2022, is extended to July 20, 2022. IT IS FURTHER STIPULATED AND AGREED that any Reply to said Opposition is due by August 3, 2022. IT IS FURTHER STIPULATED AND AGREED that a facsimile or PDF signature shall be deemed an original. SO ORDERED. (Signed by Judge John G. Koeltl on 6/3/2022) ( Responses due by 7/20/2022, Replies due by 8/3/2022.) (ks)
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| Filing 37 CERTIFICATE OF SERVICE of Motion to Dismiss served on All Counsel of Record on May 26, 2022. Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C...(Blaine, Michael) |
| Filing 36 PROPOSED ORDER. Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C.. Related Document Number: #33 ..(Blaine, Michael) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 35 DECLARATION of Michael Blaine in Support re: #33 MOTION to Dismiss the Complaint.. Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C.. (Attachments: #1 Exhibit Note, #2 Exhibit Mortgage, #3 Exhibit MERS assignment, #4 Exhibit BANA assignment, #5 Exhibit HUD assignment, #6 Exhibit Cancelation, #7 Exhibit Correction, #8 Exhibit Unpublished Cases).(Blaine, Michael) |
| Filing 34 MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss the Complaint. . Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C...(Blaine, Michael) |
| Filing 33 MOTION to Dismiss the Complaint. Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C...(Blaine, Michael) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #36 Proposed Order was reviewed and approved as to form. (km) |
| Filing 32 CERTIFICATE OF SERVICE of Notice of Motion, Declaration of Robert H. King with Exhibits, Memorandum of Law in Support, Proposed Order and Certificate of Service served on Matthew H. Rothstein, Esq. on May 27, 2022. Service was made by Mail. Document filed by Bayview Loan Servicing, LLC..(King, Robert) |
| Filing 31 PROPOSED ORDER. Document filed by Bayview Loan Servicing, LLC. Related Document Number: #28 ..(King, Robert) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 30 DECLARATION of Robert H. King in Support re: #28 MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G).(King, Robert) |
| Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Plaintiffs' Complaint. . Document filed by Bayview Loan Servicing, LLC..(King, Robert) |
| Filing 28 MOTION to Dismiss Plaintiffs' Complaint. Document filed by Bayview Loan Servicing, LLC..(King, Robert) |
| Filing 27 RELATED CASE AFFIRMATION of George Royer re: that this action be filed as related to 1:22-cv-01484. Document filed by George Royer..(Rothstein, Matthew) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Edmund Blaine to RE-FILE Document #25 MOTION to Dismiss . ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert Harold King to RE-FILE Document #26 MOTION to Dismiss Plaintiffs' Complaint. ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #31 Proposed Order was reviewed and approved as to form. (km) |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Plaintiffs' Complaint. Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Supplement Memorandum of Law in Support of Motion to Dismiss, #2 Affidavit Declaration of Robert H. King, #3 Exhibit Note, #4 Exhibit Mortgage, #5 Exhibit Assignments of Mortgage, #6 Exhibit Foreclosure Summons & Complaint, #7 Exhibit Foreclosure Affidavit in Support of Order of Reference, #8 Exhibit 2015 Loan Modification, #9 Exhibit Modification Worksheet, #10 Affidavit Certificate of Service, #11 Text of Proposed Order Proposed Order).(King, Robert) Modified on 6/2/2022 (db). |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C.. Responses due by 7/6/2022 (Attachments: #1 Supplement Brief, #2 Affidavit of, #3 Exhibit Note, #4 Exhibit Mortgage, #5 Exhibit MERS Assignment, #6 Exhibit BANA Assignment, #7 Exhibit HUD Assignment, #8 Exhibit Cancelation, #9 Exhibit Corrective Assignment, #10 Exhibit Unpublished Cases, #11 Text of Proposed Order Order, #12 Affidavit of service).(Blaine, Michael) Modified on 6/2/2022 (db). |
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Filing 24
ORDER granting #23 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/22/2022) (ks)
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| Filing 23 FIRST LETTER MOTION for Extension of Time to File Motions addressed to Judge John G. Koeltl from Robert H. King dated April 22, 2022. Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Stipulation of Extending Time to File Motion).(King, Robert) |
| Set/Reset Deadlines: Motions due by 5/27/2022. Responses due by 7/6/2022 Replies due by 7/18/2022. (ks) |
| Filing 22 LETTER addressed to Judge John G. Koeltl from Robert H. King and Michael E. Blaine dated March 30, 2022 re: Defendants' Joint Letter Re: Defendants' Citizenship. Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., Bayview Loan Servicing, LLC, FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C...(King, Robert) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 3/25/2022. (Fletcher, Donnie) |
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Filing 21
ORDER: The defendants should identify the citizenship of each defendant by March 30, 2022. The plaintiffs should file any amended complaint by April 11, 2022. The plaintiffs should file any motion to remand, and the defendants should move or answer the operative complaint, by April 25, 2022. Oppositions to any motion are due May 9, 2022. Replies are due May 19, 2022. BAC Home Loans Servicing, L.P. answer due 4/25/2022; Bank of America, N.A. answer due 4/25/2022; Bayview Loan Servicing, LLC answer due 4/25/2022; FKA Countrywide Home Loans Servicing, L.L.P. answer due 4/25/2022; Mortgage Electronic Registrations Systems, I.N.C. answer due 4/25/2022; Secretary of Housing and Urban Development answer due 4/25/2022; Somerset Investors Corp. answer due 4/25/2022.( Amended Pleadings due by 4/11/2022., Motions due by 4/25/2022., Responses due by 5/9/2022, Replies due by 5/19/2022.) (Signed by Judge John G. Koeltl on 3/25/2022) (ate)
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| Filing 20 NOTICE OF APPEARANCE by Matthew Rothstein on behalf of George Royer..(Rothstein, Matthew) |
| Filing 19 CERTIFICATE OF SERVICE of Order dated March 18, 2022 served on Matthew H. Rothstein, Esq. on 3/21/22. Service was made by Mail. Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Letter to Plaintiff Counsel Enclosing Order Dated 3/18/22).(King, Robert) |
| Filing 17 RESPONSE in Support of Motion re: #14 LETTER MOTION for Conference addressing a proposed motion to dismiss addressed to Judge John G. Koeltl from Michael E Blaine dated March 8, 2022. refiled Amended Complaint. Document filed by George Royer..(Rothstein, Matthew) |
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Filing 18
ORDER: Counsel for the plaintiffs should file an appearance on ECF. The defendants should serve a copy of this Order on counsel for the plaintiffs. SO ORDERED. (Signed by Judge John G. Koeltl on 3/18/2022) (mml)
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| Filing 16 CERTIFICATE OF SERVICE of Minute Entry Re-scheduling Telephone Conference to 3/25/22 served on Matthew H. Rothstein, Esq. & Michael Blaine, Esq. on March 18, 2022. Service was made by Mail and Email. Document filed by Bayview Loan Servicing, LLC..(King, Robert) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference set for 3/21/2022 at 12:00 PM adjourned to 3/25/2022 at 11:30 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
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Filing 15
ORDER terminating #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, and attached complaint, addressed to Judge Mary Kay Vyskocil from Michael E Blaine dated 02/28/2022., #14 LETTER MOTION for Conference addressing a proposed motion to dismiss addressed to Judge John G. Koeltl from Michael E Blaine dated March 8, 2022. (Telephone Conference set for 3/21/2022 at 12:00 PM before Judge John G. Koeltl.); granting #14 Letter Motion for Conference re: #9 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, and attached complaint, addressed to Judge Mary Kay Vyskocil from Michael E Blaine dated 02/28/2022., #14 LETTER MOTION for Conference addressing a proposed motion to dismiss addressed to Judge John G. Koeltl from Michael E Blaine dated March 8, 2022. A pre-motion conference will be held on Monday, March 21, 2022, at 12:00pm. Dial-in: 888 363-4749, with access code 8140049. All deadlines are stayed pending the pre-motion conference. The Clerk is directed to close ECF Nos. 9 and 14. (Signed by Judge John G. Koeltl on 3/3/22) (yv)
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| Filing 14 LETTER MOTION for Conference addressing a proposed motion to dismiss addressed to Judge John G. Koeltl from Michael E Blaine dated March 8, 2022. Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C...(Blaine, Michael) |
| Filing 13 CERTIFICATE OF SERVICE of Order Setting Scheduling of 3/21/22 Telephone conference served on Matthew H. Rothstein, Esq. & Michael Blaine, Esq. on March 4, 2022. Service was made by Mail and Email. Document filed by Bayview Loan Servicing, LLC..(King, Robert) |
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Filing 12
ORDER granting #11 Letter Motion for Conference re: #11 LETTER MOTION for Conference addressed to Judge John G. Koeltl from Robert H. King dated March 2, 2022. A pre-motion conference will be held on Monday, March 21, 2022, at 12:00pm. Dial-in: 888 363-4749, with access code 8140049. All deadlines are stayed pending the pre-motion conference. The Clerk shall close ECF No. 11 as a letter motion.. (Signed by Judge John G. Koeltl on 3/3/2022) Telephone Conference set for 3/21/2022 at 12:00 PM before Judge John G. Koeltl. (ks)
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| Filing 11 LETTER MOTION for Conference addressed to Judge John G. Koeltl from Robert H. King dated March 2, 2022. Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Affidavit Certificate of Service).(King, Robert) |
| NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Mary Kay Vyskocil is no longer assigned to the case..(wb) |
| Filing 10 Objection Objection to Removal. Document filed by George Royer. (Attachments: #1 Amended Complain State Court, #2 Affidavits of Service).(Rothstein, Matthew) |
| Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, and attached complaint, addressed to Judge Mary Kay Vyskocil from Michael E Blaine dated 02/28/2022. Document filed by BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C...(Blaine, Michael) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MERSCORP Holdings, Inc., Corporate Parent ICE Mortgage Services, LLC, Corporate Parent Intercontinental Exchange, Inc. for Mortgage Electronic Registrations Systems, I.N.C.. Document filed by Mortgage Electronic Registrations Systems, I.N.C...(Blaine, Michael) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Berkshire Hathaway, Inc., Corporate Parent BAC North America Holding Co., Corporate Parent NB Holdings Coporation, Corporate Parent Bank Of America Corporation for Bank of America, N.A.. Document filed by Bank of America, N.A...(Blaine, Michael) |
| Filing 6 NOTICE OF APPEARANCE by Michael Edmund Blaine on behalf of BAC Home Loans Servicing, L.P., Bank of America, N.A., FKA Countrywide Home Loans Servicing, L.L.P., Mortgage Electronic Registrations Systems, I.N.C...(Blaine, Michael) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Harold King. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1601Truth in Lending; Dollar Demand 202,328,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1640 Truth in Lending; the Dollar Demand has been modified to 202,000; the Fee Status code has been modified to pd (paid). (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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) |
| Magistrate Judge James L. Cott 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) |
| Case Designated ECF. (vf) |
| Filing 5 NOTICE OF APPEARANCE by Marc Cabrera on behalf of Bayview Loan Servicing, LLC..(Cabrera, Marc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bayview Asset Management, LLC for Bayview Loan Servicing, LLC. Document filed by Bayview Loan Servicing, LLC..(King, Robert) |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bayview Loan Servicing, LLC..(King, Robert) Modified on 2/23/2022 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(King, Robert) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 800426/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-25770245).Document filed by Bayview Loan Servicing, LLC. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D).(King, Robert) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert Harold King to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
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