Churchill Circle LLC v. Nesbitt et al
Plaintiff: Churchill Circle LLC
Defendant: Calvin D. Nesbitt, Hillerine Nesbitt, Wells Fargo Bank, N.A., Secretary of Housing and Urban Development, Key Bank of New York, N.A. SBM to Key Bank of Western New York, NA, Community National Bank and New York City Environmental Control Board
Case Number: 1:2022cv08529
Filed: October 6, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie Figueredo
Referring Judge: Lewis A Kaplan
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 2410 Quiet Title - Actions affecting property on which United States has lien
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2023 Filing 9 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) Secretary of Housing and Urban Development, Churchill Circle LLC, Community National Bank, Key Bank of New York, N.A. SBM to Key Bank of Western New York, NA, Calvin D. Nesbitt, Hillerine Nesbitt, New York City Environmental Control Board, Wells Fargo Bank, N.A. and without costs. Document filed by Secretary of Housing and Urban Development. Proposed Order to be reviewed by Clerk's Office staff...(Osmond, Mark)
April 4, 2023 Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - 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) Secretary of Housing and Urban Development, Churchill Circle LLC, Community National Bank, Key Bank of New York, N.A. SBM to Key Bank of Western New York, NA, Calvin D. Nesbitt, Hillerine Nesbitt, New York City Environmental Control Board, Wells Fargo Bank, N.A. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Secretary of Housing and Urban Development. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Osmond, Mark) Modified on 4/4/2023 (tp).
April 4, 2023 ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #9 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Lewis A. Kaplan for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). (tp)
April 3, 2023 Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - 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) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Secretary of Housing and Urban Development. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Osmond, Mark) Modified on 4/4/2023 (tp).
April 3, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Osmond, Mark. RE-FILE Document No. #6 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): not all of the parties mentioned whom the voluntary dismissal is against was/were selected. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (tp)
March 31, 2023 Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - 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) Secretary of Housing and Urban Development, Churchill Circle LLC, Calvin D. Nesbitt, Hillerine Nesbitt, Wells Fargo Bank, N.A. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Secretary of Housing and Urban Development. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Osmond, Mark) Modified on 4/3/2023 (tp).
March 31, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Justin Rappaport. RE-FILE Document No. #5 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): (1) the individual party/parties whom the voluntary dismissal is against was/were not selected; (2) the stipulation of voluntary dismissal was not signed physically by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp)
March 30, 2023 Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - 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) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Churchill Circle LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rappaport, Justin) Modified on 3/31/2023 (tp).
October 25, 2022 Opinion or Order Filing 4 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such Motions. Referred to Magistrate Judge Valerie Figueredo. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/25/2022) (ama)
October 11, 2022 Filing 3 CERTIFICATE OF SERVICE of Notice of Removal, Civil Cover Sheet served on Churchill Circle LLC, Calvin D. Nesbitt, Hillerine Nesbitt, Wells Fargo Bank, N.A., New York City Environmental Control Board on 10/7/2022. Document filed by Secretary of Housing and Urban Development..(Osmond, Mark)
October 7, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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)
October 7, 2022 Magistrate Judge Valerie Figueredo 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)
October 7, 2022 Case Designated ECF. (vf)
October 6, 2022 Filing 2 CIVIL COVER SHEET filed..(Osmond, Mark)
October 6, 2022 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 33952/2020E..Document filed by Secretary of Housing and Urban Development. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavits of Service).(Osmond, Mark)

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Plaintiff: Churchill Circle LLC
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Defendant: Calvin D. Nesbitt
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Defendant: Hillerine Nesbitt
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Defendant: Wells Fargo Bank, N.A.
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Defendant: Secretary of Housing and Urban Development
Represented By: Mark Osmond
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Defendant: Key Bank of New York, N.A. SBM to Key Bank of Western New York, NA
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Defendant: Community National Bank
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Defendant: New York City Environmental Control Board
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