Michael Simon Interiors, Inc. et al v. Wells Fargo Bank, N.A. et al
| Michael Simon Interiors, Inc. and Michael Simon |
| WELLS FARGO BANK, N.A., Christopher Balan and Boarder Concepts L.L.C. |
| 1:2022cv08352 |
| September 30, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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Filing 13
ORDER terminating #12 Letter Motion to Adjourn Conference. The Court is in receipt of Plaintiff's above update. Plaintiff is reminded that failure to effectuate service on Mr. Balan within the period defined by Federal Rule of Civil Procedure 4(m) may result in without-prejudice dismissal of the claims against him. The Court will, of course, extend that deadline upon good cause shown. The Clerk of Court is directed to terminate the motion at docket entry 12. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/22/22) (yv)
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| Filing 12 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Michael T. Contos, Esq. dated 11/22/2022. Document filed by Michael Simon Interiors, Inc...(Contos, Michael) |
| Filing 11 AFFIDAVIT OF SERVICE. Boarder Concepts L.L.C. served on 9/21/2022, answer due 10/12/2022. Service was accepted by Sue Zouky, Secretary of State Agent. Document filed by Michael Simon Interiors, Inc.; Michael Simon..(Contos, Michael) |
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Filing 10
ORDER granting #9 Letter Motion to Adjourn Conference. Application GRANTED. The pre-motion conference scheduled for November 2, 2022, is hereby ADJOURNED sine die. Based on the above representation that Plaintiffs and Wells Fargo have reached a settlement in principle, it is hereby ORDERED that this action be conditionally discontinued as to Wells Fargo without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, Plaintiffs and Wells Fargo may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiffs may apply by letter for restoration of the claims against Wells Fargo to the active calendar of this Court in the event that the settlement is not consummated. This Order shall be deemed a final discontinuance of the action with prejudice as to Wells Fargo in the event that Plaintiffs have not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate Wells Fargo as a defendant in this action. The Clerk of Court is additionally directed to terminate the motion at docket entry 9. Plaintiff is hereby ORDERED to file a letter apprising the Court of the status of service as to defendants Christoper Balan and Boarder Concepts L.L.C. on or before November 22, 2022. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/1/2022) (tg)
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| Filing 9 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Michael T. Contos, Esq. dated 11/01/2022. Document filed by Michael Simon Interiors, Inc...(Contos, Michael) |
| Filing 8 NOTICE OF APPEARANCE by Michael Todd Contos on behalf of Michael Simon Interiors, Inc., Michael Simon..(Contos, Michael) |
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Filing 7
MEMO ENDORSEMENT on #6 granting #3 Letter Motion for Conference re: #3 LETTER MOTION for Conference as a prerequisite to moving to dismiss claims against Wells Fargo addressed to Judge Katherine Polk Failla from Justin Kerner dated October 11, 2022. ENDORSEMENT: The Court is in receipt of Defendant Wells Fargo Bank, N.A.'s pre-motion letter (Dkt. #3) and Plaintiffs' above response. The parties are hereby ORDERED to appear for a telephone conference regarding the motion on November 2, 2022, at 10:30 a.m. The dial-in information is as follows: At 10:30 a.m. the parties shall call (888) 363-4749 and enter access code 5123533. The Clerk of Court is directed to terminate the motion at docket entry #3. Telephone Conference set for 11/2/2022 at 10:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 10/17/2022) (rro)
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| Filing 6 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from MICHAEL CONTOS dated October 13, 2022 re: #3 LETTER MOTION for Conference as a prerequisite to moving to dismiss claims against Wells Fargo addressed to Judge Katherine Polk Failla from Justin Kerner dated October 11, 2022. . Document filed by Michael Simon Interiors, Inc., Michael Simon..(Contos, Michael) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company, Corporate Parent WFC Holdings, LLC for Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A...(Kerner, Justin) |
| Filing 4 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A...(Kerner, Justin) Modified on 10/14/2022 (lb). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Justin Edward Kerner to RE-FILE Document No. #4 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): not all corporate parents/other affiliates were added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
| Filing 3 LETTER MOTION for Conference as a prerequisite to moving to dismiss claims against Wells Fargo addressed to Judge Katherine Polk Failla from Justin Kerner dated October 11, 2022. Document filed by Wells Fargo Bank, N.A...(Kerner, Justin) |
| Filing 2 CIVIL COVER SHEET filed..(Kerner, Justin) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Justin Edward Kerner. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Justin Edward Kerner. The party information for the following party/parties has been modified: WELLS FARGO BANK, N.A.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Robert W. Lehrburger 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. (sj) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 157951/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26756465).Document filed by WELLS FARGO BANK, N.A.. (Attachments: #1 Exhibit A (Complaint), #2 Exhibit B (Stipulation), #3 Exhibit C (NJ Secretary of State records)).(Kerner, Justin) |
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