Bahamas Hurricane Restoration Fund v. Bank of America, N.A. et al
| Bahamas Hurricane Restoration Fund |
| Bank of America, N.A., Bank of America Corp., Bank of America Merchant Services, Wells Fargo Bank, N.A. and Banc of America Merchant Services, LLC |
| 1:2023cv04933 |
| June 12, 2023 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Consumer Credit |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on August 25, 2023. A more recent docket listing may be available from PACER.
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Filing 18
NOTICE OF ASSIGNMENT: Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. (And as further set forth herein.) SO ORDERED. Initial Conference set for 8/28/2023 at 10:00 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 8/1/2023) (jca)
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Filing 17
NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANT WELLS FARGO BANK, N.A. Plaintiff, Bahamas Hurricane Restoration Fund, pursuant to Federal Rule of Civil Procedure 41(a)(1) (A)(i), hereby voluntarily dismisses Defendant Wells Fargo Bank, N.A. with prejudice, from the within proceedings. In light of Plaintiff's notice of dismissal, this action is dismissed with prejudice as to Wells Fargo Bank, N.A. pursuant to Federal Rule of Civil Procedure 41(a)(2). The Clerk of Court is respectfully directed to terminate Wells Fargo Bank N.A. as a party in this matter. SO ORDERED. Wells Fargo Bank, N.A. terminated. (Signed by Judge John P. Cronan on 7/28/2023) (jca)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #16 Notice of Voluntary Dismissal, was reviewed and referred to Judge John P. Cronan 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) |
| Filing 16 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 against the defendant(s) Wells Fargo Bank, N.A.. Document filed by Bahamas Hurricane Restoration Fund. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hutter, Barbara) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Barbara Hutter to RE-FILE Document #15 Stipulation of Voluntary Dismissal. Use the event type Other Filings, Notices, Notice of Voluntary Dismissal. The wrong party/parties whom the voluntary dismissal is against was/were selected. (km) |
| Filing 15 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - 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 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bahamas Hurricane Restoration Fund. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hutter, Barbara) Modified on 7/26/2023 (km). |
| Filing 14 NOTICE OF APPEARANCE by Barbara Jane Hutter on behalf of Bahamas Hurricane Restoration Fund..(Hutter, Barbara) |
| Filing 13 ANSWER to Complaint. Document filed by Bank of America Corp...(Massand, Shan) |
| Filing 12 ANSWER to Complaint. Document filed by Bank of America Merchant Services, Bank of America, N.A...(Massand, Shan) |
| Set/Reset Deadlines: Wells Fargo Bank, N.A. answer due 8/18/2023. (vfr) |
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Filing 11
ORDER: On July 14, 2023, Defendant Wells Fargo Bank, N.A. filed a letter request for an extension of time to answer or otherwise respond to Plaintiff's Complaint. Dkt. 9. This letter was mistakenly addressed to Judge Vyskocil, who approved the request. Dkt. 10. For the sake of clarity, the Court withdraws that Order and grants the request. Wells Fargo Bank, N.A. shall respond to the Complaint by August 18, 2023. SO ORDERED. (Signed by Judge John P. Cronan on 7/17/2023) (vfr)
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Filing 10
Withdrawn as per Judge's Order dated 7/17/2023, Doc. #11 ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Extension of Time to File Answer addressed to Judge Mary Kay Vyskocil from Justin Kerner, Esq. dated 7/14/2023., #1 Notice of Removal. Granted. SO ORDERED. Wells Fargo Bank, N.A. answer due 8/18/2023. (Signed by Judge Mary Kay Vyskocil on 7/14/2023) (ate) Modified on 7/18/2023 (vfr).
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| Filing 9 LETTER MOTION for Extension of Time to File Answer addressed to Judge Mary Kay Vyskocil from Justin Kerner, Esq. dated 7/14/2023. Document filed by Wells Fargo Bank, N.A...(Kerner, Justin) |
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 FIRST LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge John P. Cronan from Shan P. Massand dated June 20, 2023. The request is granted. Defendants shall respond to theComplaint by July 20, 2023. The Clerk of Court isrespectfully directed to close the motion pending at DocketNumber 7. SO ORDERED. Bank of America Corp. answer due 7/20/2023; Bank of America Merchant Services answer due 7/20/2023; Bank of America, N.A. answer due 7/20/2023. (Signed by Judge John P. Cronan on 6/21/2023) (jca)
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| Filing 7 FIRST LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge John P. Cronan from Shan P. Massand dated June 20, 2023. Document filed by Bank of America Corp., Bank of America Merchant Services, Bank of America, N.A...(Massand, Shan) |
| NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Paul A. Engelmayer is no longer assigned to the case. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Mary Kay Vyskocil is no longer assigned to the case. (vba) |
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Filing 6
ORDER granting #5 Letter Motion for Extension of Time to Answer re #5 LETTER MOTION for Extension of Time to File Answer or otherwise respond to Complaint addressed to Judge Mary Kay Vyskocil from Justin Kerner dated June 14, 2023., #1 Notice of Removal,. Granted. SO ORDERED. Wells Fargo Bank, N.A. answer due 7/19/2023. (Signed by Judge Mary Kay Vyskocil on 6/14/2023) (tg)
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| Filing 5 LETTER MOTION for Extension of Time to File Answer or otherwise respond to Complaint addressed to Judge Mary Kay Vyskocil from Justin Kerner dated June 14, 2023. Document filed by Wells Fargo Bank, N.A...(Kerner, Justin) |
| Filing 4 NOTICE OF APPEARANCE by Justin Edward Kerner on behalf of Wells Fargo Bank, N.A...(Kerner, Justin) |
| Filing 3 NOTICE of Consent to Removal re: #1 Notice of Removal,. Document filed by Wells Fargo Bank, N.A...(Kerner, Justin) |
| Filing 2 CIVIL COVER SHEET filed..(Massand, Shan) |
| Magistrate Judge Judith C. McCarthy 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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..(pc) |
| Case Designated ECF. (pc) |
| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Cathy Seibel is no longer assigned to the case. (sgz) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shan P. Massand. The party information for the following party/parties has been modified: Bank of America Merchant Services. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc) |
| Magistrate Judge Valerie Figueredo is so redesignated. (sgz) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 652418/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27862626).Document filed by Bank of America Merchant Services, Bank of America Corp., Bank of America, N.A.. (Attachments: #1 Exhibit A State Summons and Complaint Part 1, #2 Exhibit A State Summons and Complaint Part 2, #3 Exhibit B Entity Information, #4 Exhibit C Copy of the Notice to State Court).(Massand, Shan) |
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