B.J. Newsstand Inc. v. Citizens Bank, N.A. et al
| BJ NEWSSTAND INC and B.J. Newsstand Inc. |
| Citizens Bank, N.A., HSBC BANK USA, N.A.,, Citizens Bank, NA, HSBC Bank USA, NA and HSBC Holdings PLC |
| 1:2023cv03972 |
| May 12, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 FIRST AMENDED COMPLAINT amending #15 Amended Complaint, against Citizens Bank, NA, HSBC Bank USA, NA with JURY DEMAND.Document filed by B.J. Newsstand Inc.. Related document: #15 Amended Complaint,. (Attachments: #1 Exhibit HSBC Letter to Plaintiff, #2 Exhibit Plaintiff's Letter to Defendant).(Hart, Ronald) |
Filing 17
ORDER granting #16 Letter Motion for Leave to File Document. Application GRANTED. The Clerk of Court is directed to terminate the motion at docket entry 16. (Signed by Judge Katherine Polk Failla on 7/6/2023) (rro)
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| Filing 16 FIRST LETTER MOTION for Leave to File Amended Complaint addressed to Judge Katherine Polk Failla from Ronald P. Hart dated 07/06/2023. Document filed by B.J. Newsstand Inc...(Hart, Ronald) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ronald Paul Hart to RE-FILE re: Document No. #15 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; the order granting permission to file the pleading was not attached; Court's leave has not been granted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf) |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - FIRST AMENDED COMPLAINT against Citizens Bank, NA, HSBC Bank USA, NA with JURY DEMAND.Document filed by B.J. Newsstand Inc.. (Attachments: #1 Exhibit Citizens Letter to Plaintiff, #2 Exhibit Plaintiff's Letter to Citizens).(Hart, Ronald) Modified on 7/5/2023 (vf). |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 SECOND LETTER MOTION for Extension of Time to File Answer on consent addressed to Judge Katherine Polk Failla from Ashley R. Newman, Esq. dated June 21, 2023., #1 Notice of Removal. Application GRANTED. Defendants shall answer or otherwise respond to the complaint on or before July 19, 2023. The initial pretrial conference currently scheduled for July 27, 2023 is hereby ADJOURNED to 12:00 p.m. on August 9, 2023. The Clerk of Court is directed to terminate the motion at docket entry 13. (Signed by Judge Katherine Polk Failla on 6/21/2023) (rro)
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| Filing 13 SECOND LETTER MOTION for Extension of Time to File Answer on consent addressed to Judge Katherine Polk Failla from Ashley R. Newman, Esq. dated June 21, 2023. Document filed by Citizens Bank, NA, HSBC Bank USA, NA..(Newman, Ashley) |
| Set/Reset Hearings: Initial Conference set for 8/9/2023 at 12:00 PM before Judge Katherine Polk Failla. (rro) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, re: Amended Complaint addressed to Judge Katherine Polk Failla from Ashley R. Newman, Esq. dated May 31, 2023., #1 Notice of Removal. Application GRANTED. Defendants shall answer or otherwise respond to the Complaint on or before July 5, 2023. Additionally, the initial pretrial conference currently scheduled for July 6, 2023 is hereby ADJOURNED to 10:30 a.m. on July 27, 2023. The Clerk of Court is directed to terminate the motion at docket entry 11. Citizens Bank, NA answer due 7/5/2023; HSBC Bank USA, NA answer due 7/5/2023 (Signed by Judge Katherine Polk Failla on 5/31/2023) (rro)
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| Filing 11 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, re: Amended Complaint addressed to Judge Katherine Polk Failla from Ashley R. Newman, Esq. dated May 31, 2023. Document filed by Citizens Bank, NA, HSBC Bank USA, NA..(Newman, Ashley) |
| Set/Reset Hearings: Initial Conference set for 7/27/2023 at 10:30 AM before Judge Katherine Polk Failla. (rro) |
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Filing 10
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff B.J. NEWSTAND. INC., hereby gives notice that this action is voluntarily dismissed with prejudice as and against the sole Defendant HSBC HOLDINGS, PLC ONLY, which Defendant has not served an answer or motion for summary judgment in this action. All other Defendants remain in this action. Accordingly, Plaintiff notices voluntary dismissal of this action as to Defendant HSBC HOLDINGS, PLC, with prejudice. See Fed. R. Civ. P. 41(a)(1)(B). Application GRANTED; all claims against Defendant HSBC Holdings PLC are hereby DISMISSED with prejudice. The Clerk of Court is directed to terminate HSBC Holdings PLC from the docket. SO ORDERED. HSBC Holdings PLC terminated. (Signed by Judge Katherine Polk Failla on 5/23/2023) (ate) (Main Document 10 replaced on 5/24/2023) (tn). Modified on 5/24/2023 (tn).
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| Filing 9 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by B.J. Newsstand Inc...(Hart, Ronald) |
| Filing 8 NOTICE OF APPEARANCE by Ronald Paul Hart on behalf of B.J. Newsstand Inc...(Hart, Ronald) |
| Filing 7 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) HSBC Holdings PLC. Document filed by B.J. Newsstand Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hart, Ronald) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #7 Notice of Voluntary Dismissal, was reviewed and referred to Judge Katherine Polk Failla for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on July 6, 2023, at 12:00 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 7/6/2023 at 12:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/22/2023) (rro) Modified on 5/31/2023 (rro).
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| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citizens Financial Group, Inc. for Citizens Bank, NA ; Corporate Parent HSBC USA, Inc. for HSBC Bank USA, NA. Document filed by Citizens Bank, NA, HSBC Bank USA, NA..(Newman, Ashley) |
| Filing 4 CIVIL COVER SHEET filed..(Newman, Ashley) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ashley Newman. The party information for the following party/parties has been modified: BJ NEWSSTAND INC, HSBC BANK USA, N.A.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ashley Newman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (vf) |
| 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ashley Newman re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading (HSBC Holdings PLC) were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Ona T. Wang 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) |
| ADD PARTY FOR PLEADING. Defendants/Respondents HSBC Bank USA, NA, Citizens Bank, NA, HSBC Holdings PLC added. Party added pursuant to #1 Notice of Removal,.Document filed by HSBC Bank USA, NA, Citizens Bank, NA. Related document: #1 Notice of Removal,..(Newman, Ashley) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Ashley Newman to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not 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 or No radio button - If Yes - 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 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Citizens Bank, N.A., HSBC BANK USA, N.A.,..(Newman, Ashley) Modified on 5/15/2023 (lb). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Newman, Ashley) Modified on 5/15/2023 (vf). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651024/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27732486).Document filed by HSBC BANK USA, N.A.,, Citizens Bank, N.A.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Ex A Smns and Cmplt, #3 Exhibit Ex B AOS, #4 Exhibit Ex C 419 Stip, #5 Exhibit Ex D Amd Smns and Cmplt, #6 Exhibit Ex E 503 Stip, #7 Exhibit Ex F AOS for Amd Cmplt).(Newman, Ashley) |
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