Lau et al v. Specialized Loan Servicing, LLC et al
| Zong Lau and Hui Lau |
| Specialized Loan Servicing, LLC, Computershare Loan Services, U.S. Bank Trust, N.A., Fay Servicing, LLC, Caliber Home Loans, Inc. and NewRez, LLC |
| 1:2023cv01385 |
| February 17, 2023 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Gabriel W Gorenstein |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 rp Diversity-Real Property |
| Plaintiff |
Docket Report
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| Filing 42 NOTICE of L. Civ. R. 12.1 Notice re: #36 Declaration in Support of Motion,,, #38 Certificate of Service Other, #35 Memorandum of Law in Support of Motion, #40 Order, #34 MOTION to Dismiss Amended Complaint., #37 Proposed Order. Document filed by Computershare Loan Services, Specialized Loan Servicing, LLC..(McGrath, Brian) |
| MAILING RECEIPT: Document No: 40. Mailed to: Hui Lau 62 Rivington Street Apt. 8B New York, NY 10002; Zong Lau 62 Rivington Street Apt. 8B New York, NY 10002. (kh) |
| Filing 41 NOTICE of L. Civ. R. 12.1 Notice re: #39 MOTION to Dismiss Plaintiffs' First Amended Complaint.. Document filed by Caliber Home Loans, Inc., Fay Servicing, LLC, NewRez, LLC, U.S. Bank Trust, N.A...(Fitzpatrick, Michael) |
Filing 40
ORDER: It is not clear from the record whether the defendants have complied with Local Civil Rule 12.1. The defendants are directed to file proof of compliance by April 19, 2023. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/12/2023) (ama)
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| Filing 39 MOTION to Dismiss Plaintiffs' First Amended Complaint. Document filed by Caliber Home Loans, Inc., Fay Servicing, LLC, NewRez, LLC, U.S. Bank Trust, N.A.. Responses due by 5/2/2023 (Attachments: #1 Affidavit Brief in support of Motion to Dismiss, #2 Affidavit M. Fitzpatrick Decl. in support of Motion to Dismiss, #3 Exhibit M. Fitzpatrick Decl. Exs. 1 to 8, #4 Exhibit M. Fitzpatrick Decl. Exs. 9 to 16, #5 Exhibit M. Fitzpatrick Decl. Ex. 17, #6 Exhibit M. Fitzpatrick Decl. Exs. 18 to 19, #7 Exhibit M. Fitzpatrick Decl. Exs. 20 to 22, #8 Text of Proposed Order Proposed Order).(Fitzpatrick, Michael) |
| Filing 38 CERTIFICATE OF SERVICE of Motion to Dismiss served on Zong Lau, Hui Lau and Michael J Fitzpatrick, Esq. on 4/10/2023. Document filed by Computershare Loan Services, Specialized Loan Servicing, LLC..(McGrath, Brian) |
| Filing 37 PROPOSED ORDER. Document filed by Computershare Loan Services, Specialized Loan Servicing, LLC. Related Document Number: #34 ..(McGrath, Brian) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 36 DECLARATION of Brian S. McGrath, Esq. in Support re: #34 MOTION to Dismiss Amended Complaint.. Document filed by Computershare Loan Services, Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit Complaint From Foreclosure Action, #2 Exhibit Assignment of Mortgage, #3 Exhibit Judgement of Foreclosure and Sale, #4 Exhibit December 10, 2019 Order, #5 Exhibit September 17, 2019 Order, #6 Exhibit Affidavit of Jseng Kei Lau in support of an Order to Show Cause, #7 Exhibit February 20, 2020 Order Denying the Automatic Stay, #8 Exhibit Stay Appeal, #9 Exhibit March 19, 2020 Order, #10 Exhibit Appeal Dismissal Order, #11 Exhibit Notice of Appeal of Appeal Dismissal Order, #12 Exhibit August 26, 2022 Order).(McGrath, Brian) |
| Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss Amended Complaint. . Document filed by Computershare Loan Services, Specialized Loan Servicing, LLC..(McGrath, Brian) |
| Filing 34 MOTION to Dismiss Amended Complaint. Document filed by Computershare Loan Services, Specialized Loan Servicing, LLC..(McGrath, Brian) |
| Filing 33 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Computershare Limited, Corporate Parent Specialized Loan Servicing Holdings LLC for Specialized Loan Servicing, LLC; Corporate Parent Computershare Limited for Computershare Loan Services. Document filed by Computershare Loan Services, Specialized Loan Servicing, LLC..(McGrath, Brian) Modified on 4/10/2023 (kw). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Brian S McGrath to RE-FILE Document No. #33 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. 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 - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. (kw) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #37 Proposed Order was reviewed and approved as to form. (nd) |
| Filing 32 LETTER from Z. Lau, H. Lau,dated 4/10/23 re: We are writing to notify the Court of our transcript order pursuant to FRAP 10(b)(1)(A)(iii). Document filed by Hui Lau, Zong Lau.(sc) |
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Filing 31
ORDER of USCA (Certified Copy) as to #30 Notice of Interlocutory Appeal filed by Hui Lau, Zong Lau. USCA Case Number 23-0426. Appellants, pro se, move for an emergency stay of a foreclosure sale scheduled for March 29, 2023 for the property at 62 Rivington Street, Apt. 8B, New York, NY 10002. IT IS HEREBY ORDERED that the motion is REFERRED to the next available three-judge motions panel. The Court grants an administrative stay of the sale pending determination of the motion by the three-judge panel. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/29/2023..(nd)
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| Filing 30 NOTICE OF INTERLOCUTORY APPEAL from #29 Order on Motion for TRO, Order on Motion for Preliminary Injunction. Document filed by Hui Lau, Zong Lau. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #30 Notice of Interlocutory Appeal. (tp) |
| USCA Appeal Fees received $ 505.00 receipt number 14343 on 3/27/2023 re: #30 Notice of Interlocutory Appeal filed by Hui Lau, Zong Lau. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #30 Notice of Interlocutory Appeal filed by Hui Lau, Zong Lau were transmitted to the U.S. Court of Appeals. (tp) |
| MAILING RECEIPT: Document No: 29. Mailed to: Hui Lau 62 Rivington Street Apt. 8B New York, NY 10002; Zong Lau 62 Rivington Street Apt. 8B New York, NY 10002. (dsh) |
| Minute Entry for proceedings held before Judge John P. Cronan: Hearing held on March 23, 2023 on Plaintiffs application for a temporary restraining order and preliminary injunction. For the reasons discussed on the record, Plaintiffs application for a temporary restraining and preliminary injunction is denied. (Court reporter Eve Giniger). (mhe) |
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Filing 29
ORDER denying #11 Motion for TRO; denying #11 Motion for Preliminary Injunction. For the reasons discussed on the record at the March 23, 2023 hearing, Plaintiffs' request for a temporary restraining order and preliminary injunction is denied. The Clerk of Court is respectfully directed to close Docket Number 11. SO ORDERED. (Signed by Judge John P. Cronan on 3/23/2023) (jca)
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| MAILING RECEIPT: Document No: 27. Mailed to: Hui Lau 62 Rivington Street Apt. 8B New York, NY 10002; Zong Lau 62 Rivington Street Apt. 8B New York, NY 10002. (dsh) |
| Filing 28 REPLY AFFIRMATION of Zong Lau and Hui Lau IN FURTHER SUPPORT OF A TEMPORARY RESTRAINING ORDER & PRELIMINARY INJUNCTION, re: #11 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction. Document filed by Hui Lau, Zong Lau. (sc) |
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Filing 27
ORDER: The Court's pre-motion conference requirement is waived as to any defendant seeking to file a motion under Rule 12(b) of the Federal Rules of Civil Procedure. In light of the recent filing of an amended complaint, the due date for any such motion is April 11, 2023. Any opposition shall be filed by May 2, 2023. Any reply shall be filed by May 16, 2023. ( Motions due by 4/11/2023., Replies due by 5/16/2023., Responses due by 5/2/2023) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/22/2023) (ate)
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| Mailed a copy of #26 Memo Endorsement,, Set Deadlines, to Hui Lau 62 Rivington Street Apt. 8B New York, NY 10002; Zong Lau 62 Rivington Street Apt. 8B New York, NY 10002. (dsh) |
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Filing 26
MEMO ENDORSEMENT on re: #23 Letter filed by Hui Lau, Zong Lau. ENDORSEMENT The request is granted. Plaintiffs may file any reply in support of their request for a temporary restraining order and preliminary injunction by March 22, 2023. SO ORDERED. (Replies due by 3/22/2023.) (Signed by Judge John P. Cronan on 3/20/2023) (jca)
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| Filing 25 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Brian S. McGrath, Esq. dated March 20, 2023 re: to request a briefing schedule pursuant to Section 6(A) to submit a motion to dismiss the complaint. Document filed by Computershare Loan Services, Specialized Loan Servicing, LLC..(McGrath, Brian) |
| Filing 24 LETTER addressed to Judge John P. Cronan from MICHAEL J. FITZPATRICK dated 03/20/2023 re: Plaintiffs' Request to File a Reply in Support of their Motion for a Temporary Restraining Order. Document filed by Caliber Home Loans, Inc., Fay Servicing, LLC, NewRez, LLC, U.S. Bank Trust, N.A...(Fitzpatrick, Michael) |
| Filing 23 LETTER addressed to Judge John P. Cronan from Zong Lau, Hui Lau dated 3/16/2023 re: Request to File a Reply. Document filed by Hui Lau, Zong Lau.(jca) Modified on 3/20/2023 (nb). |
| Filing 22 FIRST AMENDED COMPLAINT, Re: amending #1 Complaint, against Caliber Home Loans, Inc., Computershare Loan Services, Fay Servicing, LLC, NewRez, LLC, Specialized Loan Servicing, LLC, U.S. Bank Trust, N.A. with JURY DEMAND.Document filed by Zong Lau, Hui Lau. Related document: #1 Complaint.(sc) |
| Filing 21 RESPONSE in Opposition to Motion re: #11 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction. . Document filed by Caliber Home Loans, Inc., Fay Servicing, LLC, NewRez, LLC, U.S. Bank Trust, N.A.. (Attachments: #1 Affidavit Declaration of Janet Gioello, #2 Exhibit J. Gioello Decl. Ex. A, #3 Exhibit J. Gioello Decl. Ex. B, #4 Exhibit J. Gioello Decl. Ex. C, #5 Exhibit J. Gioello Decl. Ex. D, #6 Affidavit Declaration of Michael J. Fitzpatrick, #7 Exhibit M. Fitzpatrick Decl. Ex. 1, #8 Exhibit M. Fitzpatrick Decl. Ex. 2, #9 Exhibit M. Fitzpatrick Decl. Ex. 3, #10 Exhibit M. Fitzpatrick Decl. Ex. 4, #11 Exhibit M. Fitzpatrick Decl. Ex. 5, #12 Exhibit M. Fitzpatrick Decl. Ex. 6, #13 Exhibit M. Fitzpatrick Decl. Ex. 7, #14 Exhibit M. Fitzpatrick Decl. Ex. 8, #15 Exhibit M. Fitzpatrick Decl. Ex. 9, #16 Exhibit M. Fitzpatrick Decl. Ex. 10, #17 Exhibit M. Fitzpatrick Decl. Ex. 11, #18 Exhibit M. Fitzpatrick Decl. Ex. 12, #19 Exhibit M. Fitzpatrick Decl. Ex. 13, #20 Exhibit M. Fitzpatrick Decl. Ex. 14, #21 Exhibit M. Fitzpatrick Decl. Ex. 15, #22 Exhibit M. Fitzpatrick Decl. Ex. 16, #23 Exhibit M. Fitzpatrick Decl. Ex. 17, #24 Exhibit M. Fitzpatrick Decl. Ex. 18, #25 Exhibit M. Fitzpatrick Decl. Ex. 19, #26 Exhibit M. Fitzpatrick Decl. Ex. 20).(Fitzpatrick, Michael) |
| Filing 20 RESPONSE in Opposition to Motion re: #11 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction. . Document filed by Computershare Loan Services, Specialized Loan Servicing, LLC..(McGrath, Brian) |
| Filing 19 NOTICE OF APPEARANCE by Brian S McGrath on behalf of Computershare Loan Services, Specialized Loan Servicing, LLC..(McGrath, Brian) |
| MAILING RECEIPT: Document No: 18. Mailed to: Hui Lau 62 Rivington Street Apt. 8B New York, NY 10002; Zong Lau 62 Rivington Street Apt. 8B New York, NY 10002. (kh) |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Answer re #17 LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from MICHAEL J. FITZPATRICK dated 03/15/2023., #1 Complaint. Granted. The time for the defendants named in this letter to respond to the complaint is extended to March 31, 2023. With respect to any motion to dismiss, the Court's pre-motion conference requirement is waived. The motion shall conform to the undersigned's Individual Practices. Caliber Home Loans, Inc. answer due 3/31/2023; Fay Servicing, LLC answer due 3/31/2023; NewRez, LLC answer due 3/31/2023; U.S. Bank Trust, N.A. answer due 3/31/2023. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/16/2023) (ate)
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| MAILING RECEIPT: Document No: 16. Mailed to: Hui Lau 62 Rivington Street Apt. 8B New York, NY 10002; Zong Lau 62 Rivington Street Apt. 8B New York, NY 10002. (kh) |
| Filing 17 LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from MICHAEL J. FITZPATRICK dated 03/15/2023. Document filed by Caliber Home Loans, Inc., Fay Servicing, LLC, NewRez, LLC, U.S. Bank Trust, N.A...(Fitzpatrick, Michael) |
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Filing 16
ORDER denying without prejudice #15 Letter Motion for Leave to File Document. Defendants' request for leave to move to dismiss is denied without prejudice at this time. In the event that the Court denies Plaintiffs application for a temporary restraining order and preliminary injunction, Defendants may renew their request to Judge Gorenstein, to whom the case has been referred for general pretrial supervision and for a report and recommendation on any dispositive motions, such as Defendants' anticipated motion to dismiss. The Court reminds Defendants that a hearing on Plaintiffs application for a TRO is scheduled for March 23, 2023, and Defendants may submit an opposition brief by March 17, 2023. SO ORDERED. (Signed by Judge John P. Cronan on 3/15/2023) (jca)
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| Filing 15 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge John P. Cronan from MICHAEL J. FITZPATRICK dated 03/15/2023. Document filed by Caliber Home Loans, Inc., Fay Servicing, LLC, NewRez, LLC, U.S. Bank Trust, N.A...(Fitzpatrick, Michael) |
| Set/Reset Deadlines: Responses due by 3/17/2023 (jca) |
| Filing 14 CERTIFICATE OF SERVICE of Order along with Affidavit in Support of Emerg. Motion w/exhibits; served on Specialized Loan Servicing LLC, Computershare Loan Services, Fay Servicing LLC, Newrez LLC, Caliber Home Loans Inc., U.S. Bank Trust as Trustee for LSF 10 Master Part. Trust, on 3/13/23. Service was made by Mail. Document filed by Hui Lau, Zong Lau. (sc) |
| MAILING RECEIPT: Document No: 13. Mailed to: Hui Lau 62 Rivington Street Apt. 8B New York, NY 10002; Zong Lau 62 Rivington Street Apt. 8B New York, NY 10002. (kh) |
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Filing 13
ORDER The Court will hold a hearing to decide Plaintiffs' application for a temporary restraining order on March 23, 2023, at 10:00 a.m. in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. Defendants may file a submission responding to Plaintiffs' application by March 17, 2023. As previously noted by Judge Gabriel W. Gorenstein, to whom this case has been referred for general pretrial supervision, "the allegations of the complaint are insufficient to show diversity jurisdiction in light of the fact that one or more limited liability corporations are named as defendants and the citizenship of each member is not alleged." Dkt. 4. Accordingly, Plaintiffs may file an Amended Complaint by March 17, 2023, addressing this deficiency. Failure to do so may result in the Court denying Plaintiffs' application for a temporary restraining order and a preliminary injunction, and an order dismissing the complaint without prejudice for lack of subject matter jurisdiction. SO ORDERED. (Motion Hearing set for 3/23/2023 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.), (Amended Pleadings due by 3/17/2023., Responses due by 3/17/2023) (Signed by Judge John P. Cronan on 3/13/2023) (jca)
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| Filing 12 PROPOSED ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION & A TEMPORARY RESTRAINING ORDER(WITH EMERGENCY RELIEF). Document filed by Hui Lau, Zong Lau. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 11 AFFIDAVIT IN SUPPORT OF THE EMERGENCY MOTION (MOTION, Re: for Temporary Restraining Order and MOTION for Preliminary Injunction). Document filed by Hui Lau, Zong Lau.(sc) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint, served. U.S. Bank Trust, N.A. served on 2/24/2023, answer due 3/17/2023. Service was accepted by U.S. Bank Trust, N.A. as Trustee for LSF 10(name not given). Document filed by Zong Lau; Hui Lau. (sc) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Caliber Home Loans, Inc. served on 2/28/2023, answer due 3/21/2023. Service was accepted by Nancy Dougherty, NYS Secretary of State Office. Document filed by Zong Lau; Hui Lau. (sc) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. Specialized Loan Servicing, LLC served on 2/28/2023, answer due 3/21/2023. Service was accepted by Nancy Dougherty, NYS Secretary of State Office. Document filed by Zong Lau; Hui Lau. (sc) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Fay Servicing, LLC served on 2/28/2023, answer due 3/21/2023. Service was accepted by Nancy Dougherty, NYS Secretary of State Office. Document filed by Zong Lau; Hui Lau. (sc) |
| Filing 6 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. NewRez, LLC served on 2/24/2023, answer due 3/17/2023. Service was accepted by Corporation Services Company(name not given). Document filed by Zong Lau; Hui Lau. (sc) |
| Filing 5 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Computershare Loan Services served on 2/24/2023, answer due 3/17/2023. Service was accepted by Computershare Loan Services(name not given). Document filed by Zong Lau; Hui Lau. (sc) |
| MAILING RECEIPT: Document No: 4. Mailed to: Hui Lau 62 Rivington Street Apt. 8B New York, NY 10002; Zong Lau 62 Rivington Street Apt. 8B New York, NY 10002. (kh) |
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Filing 4
ORDER: The Court issues this Order to note that (1) the allegations of the complaint are insufficient to show diversity jurisdiction in light of the fact that one or more limited liability corporations are named as defendants and the citizenship of each member is not alleged; (2) it appears that no federal claim would support the injunctive relief sought in the complaint; and (3) even if such relief were permissible, plaintiffs have not yet taken steps to seek injunctive relief from the Court on a preliminary basis. Given these circumstances, plaintiffs may wish to seek legal assistance from the New York Legal Assistance clinic, which provides assistance to pro se litigants in some circumstances. The clinic may be contacted at (212) 659-6190. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/01/2023) (ama)
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| MAILING RECEIPT: Document No: 3. Mailed to: Hui Lau 62 Rivington Street Apt. 8B New York, NY 10002; Zong Lau 62 Rivington Street Apt. 8B New York, NY 10002. (kh) |
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Filing 3
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). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge John P. Cronan on 2/24/2023) (jca)
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| Filing 1 COMPLAINT against Caliber Home Loans, Inc., Computershare Loan Services, Fay Servicing, LLC, NewRez, LLC, Specialized Loan Servicing, LLC, U.S. Bank Trust, N.A. (Filing Fee $ 402.00, Receipt Number 12808) Document filed by Zong Lau, Hui Lau. (sac) |
| Case Designated ECF. (sac) |
| SUMMONS ISSUED as to Caliber Home Loans, Inc., Computershare Loan Services, Fay Servicing, LLC, NewRez, LLC, Specialized Loan Servicing, LLC, U.S. Bank Trust, N.A. (sac) |
| Magistrate Judge Gabriel W. Gorenstein 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. (sac) |
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