Cabrera v. Freedom Mortgage Corp et al
| Lolita Cabrera |
| Freedeom Mortgage Corp. and Mortgage Electronic Registrations Inc. |
| 1:2023cv10556 |
| December 4, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Real Property: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
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Filing 18
ORDER Defendants Freedom Mortgage Corporation and Mortgage Electronic Registrations Inc. were served with the summons and complaint on December 5, 2023; the deadline to answer or otherwise respond to the complaint was December 26, 2023. ECF Nos. 3-4. On January 10, 2024, after the deadline to answer had lapsed, Defendants filed an answer. ECF No. 16. Plaintiff does not consent to a late answer being filed. See ECF No. 17 paragraph 8-10. Accordingly, Defendant shall file a letter (not to exceed three pages) by February 5, 2024 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default judgment should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). The Clerk of Court is respectfully directed to send a copy of this Order to pro se Plaintiff at 21divisionent@gmail.com and to her address at 4111 Bronxwood Avenue, Bronx, NY 10466. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/29/2024) (jca)
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Filing 17
MOTION TO STRIKE DEFENDANTS' ANSWER, Re: to Strike Document No. #16 . Document filed by Lolita Cabrera.(sc)
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Filing 16
ANSWER to #1 Complaint. Document filed by Freedeom Mortgage Corp., Mortgage Electronic Registrations Inc.. (Attachments: #1 Affidavit of Service by Mail).(Vargas, Stephen)
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Filing 15
DECLARATION of Lolita Cabrera IN SUPPORT OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, re: #14 MOTION for Default Judgment. Document filed by Lolita Cabrera. (sc)
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Filing 14
PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT for Default Judgment as to Freedom Mortgage Corp. and Mortgage Elect. Reg., Inc. Document filed by Lolita Cabrera..(sc)
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Filing 13
CLERK'S CERTIFICATE OF DEFAULT as to Mortgage Electronic Registrations Inc.(nd)
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Filing 12
CLERK'S CERTIFICATE OF DEFAULT as to Freedeom Mortgage Corp. (nd)
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Filing 11
AFFIRMATION of Lolita Cabrera IN SUPPORT OF REQUEST FOR CERTIFICATE OF DEFAULT, re: #10 Proposed Clerk's Certificate of Default. Document filed by Lolita Cabrera. (sc)
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Filing 10
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lolita Cabrera. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 9
AFFIRMATION of Lolita Cabrera IN SUPPORT OF REQUEST FOR CERTIFICATE OF DEFAULT, re: #8 Proposed Clerk's Certificate of Default. Document filed by Lolita Cabrera. (sc)
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Filing 8
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lolita Cabrera. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 7
ORDER denying #6 Motion for Default Judgment. The Court is in receipt of Plaintiff's motion for default judgment as to Defendants Freedom Mortgage Corp. and Mortgage Electronic Registrations Inc. ECF No. 6. Per Local Civil Rules 55.1 and 55.2 of the Southern District of New York, Plaintiff should first obtain a clerk's certificate of default, after which she should file her motion for default judgment and memorandum of law in support of the motion separately. Sample forms for a request for a clerk's certificate of default and affirmation in support of such a request are available on the Court's website at https://www.nysd.uscourts.gov/forms. Plaintiff may be able to obtain assistance through the New York Legal Assistance Group's Legal Clinic for Pro Se Litigants, available by telephone at 212-659-6190. Information about the Pro Se Clinic is available on the Court's website at https://www.nysd.uscourts.gov/attorney/legal-assistance. The present motion is denied and the Clerk of Court is respectfully directed to terminate the motion pending at ECF No. 6 and to mail a copy of this Order to Plaintiff. (Signed by Judge Jennifer L. Rochon on 1/2/2024) (ate)
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Filing 6
MOTION for Default Judgment as to Freedom Mortgage Corporation, Mortgage Electronic Registrations Inc. Document filed by Lolita Cabrera.(sc)
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Filing 4
SUMMONS RETURNED EXECUTED. Summons and Complaint served. Freedeom Mortgage Corp. served on 12/5/2023, answer due 12/26/2023. Service was accepted by Marjorie Mosley. Document filed by Lolita Cabrera. (sc)
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Filing 3
SUMMONS RETURNED EXECUTED. Summons and Complaint served. Mortgage Electronic Registrations Inc. served on 12/5/2023, answer due 12/26/2023. Service was accepted by Ambrose Kenyon. Document filed by Lolita Cabrera. (sc)
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Filing 2
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Lolita Cabrera consents to receive electronic service via the ECF system. Document filed by Lolita Cabrera..(rdz)
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Filing 1
COMPLAINT against Freedom Mortgage Corp., Mortgage Electronic Registrations Inc.. (Filing Fee $ 405.00, Receipt Number 23898)Document filed by Lolita Cabrera. (Attachments: #1 Exhibit Receipt).(rdz)
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Case Designated ECF. (rdz)
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Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. 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. (rdz)
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SUMMONS ISSUED as to Freedeom Mortgage Corp., Mortgage Electronic Registrations Inc...(rdz)
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