Cadwell et al v. Citibank, N.A.
| Jason N Cadwell and Harald B Findlay |
| Citibank, N.A. |
| 1:2023cv01315 |
| February 15, 2023 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Gregory H Woods |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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| Filing 22 MEMO ENDORSEMENT granting #21 Motion for Extension of Time to Answer re #21 SECOND MOTION for Extension of Time to File Answer . ENDORSEMENT: APPLICATION GRANTED. #1 Complaint,. Citibank, N.A. answer due 4/26/2023. (Signed by Magistrate Judge Katharine H. Parker on 4/12/2023) (vfr) |
| Filing 21 SECOND MOTION for Extension of Time to File Answer . Document filed by Citibank, N.A...(Frechette, Donald) |
Filing 20
MEMO ENDORSEMENT on re: #18 Notice of Withdrawal of Motion to Dismiss re: #13 MOTION to Dismiss for Lack of Jurisdiction and Failure to Join Necessary Parties withdrawing #13 Motion to Dismiss for Lack of Jurisdiction. ENDORSEMENT: In light of Defendant's notice, the Clerk of the Court is respectfully requested to close to motion at ECF No. 13. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/27/2023) (vfr)
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| Filing 19 NOTICE of Withdrawal of Attorneys - Party Still Represented by Another. Document filed by Citibank, N.A...(Zakarin, Benjamin) |
| Filing 18 NOTICE of Withdrawal of Motion to Dismiss re: #13 MOTION to Dismiss for Lack of Jurisdiction and Failure to Join Necessary Parties., #15 Declaration in Support of Motion, #14 Memorandum of Law in Support of Motion. Document filed by Citibank, N.A...(Zakarin, Benjamin) |
| Filing 17 JOINT LETTER addressed to Judge Gregory H. Woods from Aytan Y. Bellin dated May 17, 2023 re: Proceeding Before Magistrate-Judge. Document filed by Jason N Cadwell, Harald B Findlay..(Bellin, Aytan) |
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Filing 16
ORDER. On March 2, 2023, the Court directed the parties to confer as to whether they consent to proceeding before the assigned Magistrate Judge, and to submit either an executed consent form or a joint letter no later than March 16, 2023. Dkt. No. 10. Neither document has been submitted. Accordingly, the parties are directed to comply with the Court's March 2, 2023 order forthwith, and in no event later than March 21, 2023. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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| Filing 15 DECLARATION of Jennifer G. Flannery, Esq. in Support re: #13 MOTION to Dismiss for Lack of Jurisdiction and Failure to Join Necessary Parties.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2).(Zakarin, Benjamin) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss for Lack of Jurisdiction and Failure to Join Necessary Parties. . Document filed by Citibank, N.A...(Zakarin, Benjamin) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction and Failure to Join Necessary Parties. Document filed by Citibank, N.A.. Responses due by 3/27/2023.(Zakarin, Benjamin) |
| Filing 12 NOTICE OF APPEARANCE by Benjamin Reed Zakarin on behalf of Citibank, N.A...(Zakarin, Benjamin) |
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Filing 11
ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 CONSENT MOTION for Extension of Time to File Answer re: #1 Complaint,, .. All Defendants (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
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Filing 10
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/2/2023) (rro)
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| Filing 9 CONSENT MOTION for Extension of Time to File Answer re: #1 Complaint,, . Document filed by Citibank, N.A...(Frechette, Donald) |
| Filing 8 NOTICE OF APPEARANCE by Donald E. Frechette on behalf of Citibank, N.A...(Frechette, Donald) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Citibank, N.A. served on 2/20/2023, answer due 3/13/2023. Service was accepted by Heidi Lindner, Legal Dept. Specialist. Document filed by Jason N Cadwell; Harald B Findlay..(Bellin, Aytan) |
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Filing 6
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 5/15/2023 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/17/2023) (vfr)
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Filing 5
ORDER REFERRING CASE TO 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) and all such motions. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Gregory H. Woods on 2/16/2023) (rro)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Citibank, N.A...(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(jgo) |
| Magistrate Judge Katharine H. Parker 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Citibank, N.A., re: #1 Complaint,,. Document filed by Jason N Cadwell, Harald B Findlay..(Bellin, Aytan) |
| Filing 2 CIVIL COVER SHEET filed..(Bellin, Aytan) |
| Filing 1 COMPLAINT against Citibank, N.A.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27350260)Document filed by Jason N Cadwell, Harald B Findlay. (Attachments: #1 Exhibit A - Grandson Trust, #2 Exhibit B - Grandfather Trust, #3 Exhibit C - Grandmother Trust, #4 Exhibit D - Death Certificate of Edward A. Deeds, #5 Exhibit E - Last Will and Testament of Edward A. Deeds, #6 Exhibit F - Order Allowing Will, #7 Exhibit G - Motion to Disgorge Assets, #8 Exhibit H - Certificate of Service on Citibank of Motion to Disgorge Assets, #9 Exhibit I - Order to Disgorge Assets).(Bellin, Aytan) |
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