College Diamond Fund Inc. v. Davis et al
| College Diamond Fund Inc. |
| Robert Davis, Michael Best and John Doe #1 through John Doe #100 |
| 1:2024cv04800 |
| June 24, 2024 |
| US District Court for the Southern District of New York |
| Robyn F Tarnofsky |
| Analisa Torres |
| Real Property: Other |
| 28 U.S.C. § 1332 qt Diversity-Petition to Quiet Title |
| None |
Docket Report
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This docket was last retrieved on September 13, 2024. A more recent docket listing may be available from PACER.
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Filing 77
ORDER The Clerk of Court is respectfully directed to attempt to locate pro bono counsel to represent Defendants Michael Best and Robert Davis for the limited purposes described above. The Court makes clear that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, there is no guarantee that counsel will volunteer in time to assist with responding to the motion to appoint a receiver. If an attorney volunteers, that attorney will contact Defendants Michael Best and Robert Davis directly. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 8/22/2024) (jca) Transmission to Office of Pro Se Litigation for processing.
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| Filing 76 Minute Entry for proceedings held before Magistrate Judge Robyn F. Tarnofsky: Telephone Conference held on 8/22/2024. (ah) |
| Filing 71 REPLY AFFIRMATION of Declaration of Brian W. Carroll in Support re: #70 Reply Memorandum of Law in Support. Document filed by College Diamond Fund Inc.. (Attachments: #1 Exhibit $46,753.15 in unpaid tickets, #2 Exhibit $114,561.05 in property tax and other charges, #3 Exhibit Notice of Entry for the Judgment of Foreclosure and Sale of the Property at public auction in tax foreclosure action).(Carroll, Brian) |
| Filing 70 REPLY MEMORANDUM OF LAW in Support of Motion for Appointment of Receiver by OTSC. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 68 NOTICE OF CHANGE OF ADDRESS by Taylor Alyse Collins on behalf of College Diamond Fund Inc.. New Address: McCarter & English, LLP, 250 W. 55th Street, 13th Floor, New York, New York, United States 10019, 212.609.6921..(Collins, Taylor) |
| Filing 66 NOTICE OF CHANGE OF ADDRESS by Brian W. Carroll on behalf of College Diamond Fund Inc.. New Address: McCarter & English, LLP, 250 W. 55th Street, 13th Floor, New York, New York, United States 10019, 212.609.6800..(Carroll, Brian) |
| Filing 75 LETTER addressed to Judge Analisa Torres from Robert Davis dated 8/19/2024 re: Robert Davis owner and subsidiary to the Estate of Lloyd Davis ask that this court allow the defendant along with defendant Michael Best to quiet the title of all other defendants known and unknown and quiet plaintiff title as rebuttal evidence... Document filed by Robert Davis.(tro) |
| Filing 74 LETTER addressed to Judge Analisa Torres from Robert Davis dated 8/19/2024 re: Robert Davis asks the Court to enter Exhibit G1 to G6 and Exhibit H into the record in support of the Rebuttal of Plaintiff. Document filed by Robert Davis.(tro) |
| Filing 73 LETTER addressed to Judge Analisa Torres from Robert Davis dated 8/19/2024 re: Defendant Robert Davis asks the court to allow exhibit G thru 11 as rebuttal exhibits to plaintiff verified complaint #46. Document filed by Robert Davis.(tro) |
| Filing 72 LETTER addressed to Judge Analisa Torres from Michael Best dated 8/19/2024 re: allow for exhibits G1 through G6 and H. Document filed by Michael Best.(tro) |
| MAILING RECEIPT: Document No: 65. Mailed to: Michael Best 2095 Daly Avenue Bronx, NY 10460; Robert Davis 1023 College Ave. Bronx, NY 10456. (nb) |
| Filing 69 LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Michael Best dated 8/16/2024 re: to ask that a immediate order be entered allowing the plaintiff to agree to allow the defendant to pay the taxes. Document filed by Michael Best.(sgz) |
| Filing 67 LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Robert Davis dated 8/16/2024 re: object to the Judge decision to allow the plaintiff to respond in a reply. Document filed by Robert Davis.(sgz) |
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Filing 65
ORDER: This action is scheduled for a telephonic status conference on August 22, 2024, at 2:00 PM. The parties are directed to call my Microsoft Teams conference line at the scheduled time. Please dial (646) 453-4442, Access Code: 641 844 268#. If the parties are not available at this date and time, please jointly confer and email four dates of availability to TarnofskyNYSDChambers@nysd.uscourts.gov within 48 hours of this order. SO ORDERED. ( Telephone Conference set for 8/22/2024 at 02:00 PM before Magistrate Judge Robyn F. Tarnofsky.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 8/16/2024) (tg)
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| Filing 64 LETTER from Robert Davis re: Attach are Exhibits that are rebuttal evidence. Document filed by Robert Davis..(rdz) |
| Filing 63 Minute Entry for proceedings held before Magistrate Judge Robyn F. Tarnofsky: Telephone Conference held on 8/15/2024. (ah) |
| Filing 59 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on Robert Davis as the de facto administrator of the Estate of Lloyd Davis on 8/7/2024. Service was accepted by Jane Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 58 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #6 / Occupant Defendant on 8/7/2024. Service was accepted by Jane Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 57 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #5 / Occupant Defendant on 8/7/2024. Service was accepted by Jane Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 56 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #4 / Occupant Defendant on 8/7/2024. Service was accepted by Jane Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 55 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #3 / Occupant Defendant on 8/7/2024. Service was accepted by Jane Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 54 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #2 / Occupant Defendant on 8/7/2024. Service was accepted by Jane Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 53 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #1 / Occupant Defendant on 8/7/2024. Service was accepted by Jane Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 62 ANSWER to #1 Complaint. Document filed by Michael Best.(tro) |
| Filing 61 PRO SE MEMORANDUM re: CHANGE OF ADDRESS for Robert Davis. New Address: 1023 College Ave., Bronx, NY 10456. (rdz) |
| Filing 60 NOTICE OF APPEARANCE by Michael Best..(rdz) |
| Filing 52 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #6 / Occupant Defendant on 7/31/2024. Service was accepted by John Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 51 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #5 / Occupant Defendant on 7/31/2024. Service was accepted by John Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 50 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #4 / Occupant Defendant on 7/31/24. Service was accepted by John Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 49 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #3 / Occupant Defendant on 7/31/2024. Service was accepted by John Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 48 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #2 / Occupant Defendant on 7/31/2024. Service was accepted by John Doe (refused [name]). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 47 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on John Doe #1 / Occupant Defendant on 7/31/2024. Service was accepted by John Doe (refused name). Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 46 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on Robert Davis as the de facto administrator of the Estate of Lloyd Davis on 8/2/2024. Service was made by Affixing to Door and Mail at CT residence. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 45 AFFIDAVIT OF SERVICE of Order Rescheduling OTSC served on Robert Davis as the de facto administrator of the Estate of Lloyd Davis on 7/31/2024. Service was accepted by John Doe (refused name), member of household. Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
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Filing 43
ORDER By Order of Reference dated August 5, 2024 (ECF 42), Judge Analisa Torres referred this case to me for general pretrial supervision and for a specific non-dispositive motion: Motion for Appointment of a Receiver (ECF Nos. 13-16). This action is scheduled for a telephonic status conference on August 15, 2024, at 11:00 AM. The parties are directed to call my Microsoft Teams conference line at the scheduled time. Please dial (646) 453-4442, Access Code: 733 998 533#. If the parties are not available at this date and time, please jointly confer and email four dates of availability to TarnofskyNYSDChambers@nysd.uscourts.gov within 48 hours of this order. SO ORDERED. (Telephone Conference set for 8/15/2024 at 11:00 AM before Magistrate Judge Robyn F. Tarnofsky.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 8/7/2024) (jca)
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| MAILING RECEIPT: Document number 43 mailed to Defendant Robert Davis at 1023 College Ave. Bronx, NY 10456 on August 7, 2024. (ah) |
| Filing 44 AFFIDAVIT OF SERVICE. Document filed by Robert Davis..(rdz) |
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Filing 42
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 Specific Non-Dispositive Motion/Dispute ECF Nos. 13-16: Motion for the Appointment of a Receiver. Referred to Magistrate Judge Robyn F. Tarnofsky. (Signed by Judge Analisa Torres on 8/5/2024) (tro)
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Filing 39
ORDER: The conference to show cause currently scheduled for August 26, 2024, is ADJOURNED to September 16, 2024, at 2:00 p.m. Chambers will send the parties instructions to appear via video. Members of the press and the public may access the conference by dialing +1 646-453-4442 and entering access code 806053621#. By August 7, 2024, Plaintiff shall serve the Estate of Lloyd Davis and the Occupant Defendants with a copy of this Order and its Motion and Verified Complaint. By August 14, 2024, Plaintiff shall file proof of service on the docket. This order shall supersede the service deadlines set at ECF No. 38. ( Telephone Conference set for 9/16/2024 at 02:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 7/30/2024) (kgo)
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| Filing 41 ANSWER to #1 Complaint. Document filed by Robert Davis..(tro) |
| Filing 40 NOTICE OF APPEARANCE by Robert Davis..(tro) |
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Filing 38
ORDER: The conference to show cause currently scheduled for August 27, 2024, is ADJOURNED to August 26, 2024, at 2:00 p.m. Defendant Robert Davis as the de facto administrator of the Estate of Lloyd Davis ("Defendant") and John Doe #1 through John Doe #6 (the "Occupant Defendants") (collectively "Defendants"), through counsel, shall appear at the conference via Microsoft Teams to show cause why the Court should not enter an order pursuant to Rule 66 of the Federal Rules of Civil Procedure granting the appointment of a receiver for the entire ownership interest in the real property and improvements thereon located at 1023 College Avenue, Bronx, New York 10456 (Block 2437, Lot 37) (the "Property") for the purposes of (i) safeguarding the Property during the pendency of this action, (ii) administering the sale of the Property, and (iii) assisting the Court in achieving a final, equitable distribution of the proceeds. Chambers will send the parties instructions to appear via video. Members of the press and the public may access the conference by dialing +1 646-453-4442 and entering access code 806053621#. By August 2, 2024, Plaintiff shall serve the Estate of Lloyd Davis and the Occupant Defendants with a copy of this Order and its Motion and Verified Complaint. By August 8 2024, Plaintiff shall file proof of service on the docket. SO ORDERED. ( Telephone Conference set for 8/26/2024 at 02:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 7/22/2024) (sgz)
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Filing 37
ORDER: The conference to show cause currently scheduled for July 30, 2024, is ADJOURNED to August 27, 2024, at 2:00 p.m. Defendant Robert Davis as the de facto administrator of the Estate of Lloyd Davis ("Defendant") and John Doe #1 through John Doe #6 (the "Occupant Defendants") (collectively "Defendants"), through counsel, shall appear at the conference via Microsoft Teams to show cause why the Court should not enter an order pursuant to Rule 66 of the Federal Rules of Civil Procedure granting the appointment of a receiver for the entire ownership interest in the real property and improvements thereon located at 1023 College Avenue, Bronx, New York 10456 (Block 2437, Lot 37) (the "Property") for the purposes of (i) safeguarding the Property during the pendency of this action, (ii) administering the sale of the Property, and (iii) assisting the Court in achieving a final, equitable distribution of the proceeds. Chambers will send the parties instructions to appear via video. Members of the press and the public may access the conference by dialing +1 646-453-4442 and entering access code 806053621#. By July 30, 2024, Plaintiff shall serve the Estate of Lloyd Davis and the Occupant Defendants with a copy of this Order and its Motion and Verified Complaint. By August 5, 2024, Plaintiff shall file proof of service on the docket. SO ORDERED. ( Telephone Conference set for 8/27/2024 at 02:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 7/18/2024) (vfr)
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| Filing 36 AFFIDAVIT OF SERVICE. Service was accepted by John Doe (refused name), co-resident. Service was made by Mail at the subject NY Property. Document filed by College Diamond Fund Inc.., AFFIDAVIT OF SERVICE of Summons; OTSC Order and annexed Motion and Verified Complaint served on Robert Davis as the de facto administrator of the Estate of Lloyd Davis on 6/27/2024. Service was accepted by John Doe (refused name), co-resident. Service was made by Mail at the subject NY Property. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 35 AFFIDAVIT OF SERVICE of Summons; OTSC Order and annexed Motion and Verified Complaint served on Robert Davis as the de facto administrator of the Estate of Lloyd Davis on 6/27/2024. Service was made by Affixing to Door and Mail at CT residence. Document filed by College Diamond Fund Inc.., AFFIDAVIT OF SERVICE. College Diamond Fund Inc. served on 6/27/2024, answer due 7/18/2024. Service was made by Affixing to Door and Mail at CT residence. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 34 AFFIDAVIT OF SERVICE of 10 Day Notice to Quit; OTSC Order and annexed Motion and Verified Complaint served on John Doe #6 / Occupant Defendant on 6/27/2024. Service was accepted by John Doe (refused name), co-resident. Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 33 AFFIDAVIT OF SERVICE of 10 Day Notice to Quit; OTSC Order and annexed Motion and Verified Complaint served on John Doe #5 / Occupant Defendant on 6/27/2024. Service was accepted by John Doe (refused name), co-resident. Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 32 AFFIDAVIT OF SERVICE of 10 Day Notice to Quit; OTSC Order and annexed Motion and Verified Complaint served on John Doe #4 / Occupant Defendant on 6/27/2024. Service was accepted by John Doe (refused name), co-resident. Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 31 AFFIDAVIT OF SERVICE of 10 Day Notice to Quit; OTSC Order and annexed Motion and Verified Complaint served on John Doe #3 / Occupant Defendant on 6/27/2024. Service was accepted by John Doe (refused name), co-resident. Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 30 AFFIDAVIT OF SERVICE of 10 Day Notice to Quit; OTSC Order and annexed Motion and Verified Complaint served on John Doe #2 / Occupant Defendant on 6/27/2024. Service was accepted by John Doe (refused name), co-resident. Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 29 AFFIDAVIT OF SERVICE of 10 Day Notice to Quit; OTSC Order and annexed Motion and Verified Complaint served on John Doe #1 / Occupant Defendant on 6/27/2024. Service was accepted by John Doe (refused name), co-resident. Service was made by Mail. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 28 NOTICE OF LIS PENDENS. Document filed by College Diamond Fund Inc.. (Attachments: #1 Exhibit Ex. 1 - Notice of Pendency filed with Bronx County Clerk (Control No. 5023767)).(Carroll, Brian) |
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Filing 27
ORDER granting in part and denying in part #23 Letter Motion for Extension of Time. Accordingly, the Court DENIES as premature Plaintiff's request for an order directing the United States Marshals Service to effectuate service. Plaintiff's request for a one-week extension to serve Defendants and file proof of service is GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 6/28/2024) (vfr)
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Filing 26
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 discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge, as further set forth herein. (Signed by Judge Analisa Torres on 6/26/2024) (mml)
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Filing 25
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by August 26, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below, as further set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 6/26/2024) (mml)
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Filing 24
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 6/26/2024) (mml)
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| Filing 23 LETTER MOTION for Extension of Time and service by U.S. marshal addressed to Judge Analisa Torres from Brian W. Carroll dated June 26, 2024. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Robert Davis. (vf) |
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Filing 21
ORDER TO SHOW CAUSE, It is ORDERED that Defendant Robert Davis as the de facto administrator of the Estate of Lloyd Davis ("Defendant") and John Doe #1 through John Doe #6 (the "Occupant Defendants") (collectively "Defendants"), through counsel, shall appear at a conference via Microsoft Teams on July 30, 2024, at 1:00 p.m. to show cause why the Court should not enter an order pursuant to Rule 66 of the Federal Rules of Civil Procedure granting the appointment of a receiver for the entire ownership interest in the real property and improvements thereon located at 1023 College Avenue, Bronx, New York 10456 (Block 2437, Lot 37) (the "Property") for the purposes of (i) safeguarding the Property during the pendency of this action, (ii) administering the sale of the Property, and (iii) assisting the Court in achieving a final, equitable distribution of the proceeds. Chambers will send the parties instructions to appear via video. Members of the press and the public may access the conference by dialing +1 646-453-4442 and entering access code 806053621#; and it is further ORDERED that on or before 5:00 p.m. on June 27, 2024, Plaintiff shall serve the Estate of Lloyd Davis with a copy of this Order and annexed Motion and Verified Complaint; and it is further ORDERED that on or before 5:00 p.m. on June 27, 2024, Plaintiff shall serve the Occupant Defendants at the Property with a copy of this Order and annexed Motion and Verified Complaint; and it is further ORDERED that on or before 5:00 p.m. on July 1, 2024, Plaintiff shall file proof of service on the ECF public docket; and it is further ORDERED that any opposition to the application of Plaintiff brought on by this Order shall be filed on ECF and served upon Plaintiff by email to counsel of record for Plaintiff, on or before July 12, 2024; and it is further ORDERED that any reply to the opposition(s) shall be filed on ECF, on or before July 19, 2024 ( Responses due by 7/12/2024, Replies due by 7/19/2024., Telephone Conference set for 7/30/2024 at 01:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 6/25/24) (yv)
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| Filing 20 CIVIL COVER SHEET filed..(Carroll, Brian) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Davis as the de facto administrator of the Estate of Lloyd Davis, re: #1 Complaint,,,,. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian W. Carroll. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brian W. Carroll to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not properly signed by the attorney;. 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.. (jgo) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| ***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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brian W. Carroll to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the PDF is titled for another Court;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #16 Proposed Order was reviewed and approved as to form. (km) |
| Filing 18 NOTICE OF APPEARANCE by Taylor Alyse Collins on behalf of College Diamond Fund Inc...(Collins, Taylor) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY SEE #18 Notice) -NOTICE OF APPEARANCE by Brian W. Carroll on behalf of College Diamond Fund Inc. (Carroll, Brian) Modified on 6/25/2024 (db). As per ECF-ERROR Email Correspondence Received on 6/24/2024 @ 9:35pm. |
| Filing 16 PROPOSED ORDER. Document filed by College Diamond Fund Inc.. (Attachments: #1 Exhibit Schedule A - Legal Description of the Property).(Carroll, Brian) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 15 BRIEF re: #12 Proposed Order to Show Cause With Emergency Relief for the appointment of a receiver. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 14 OATH of Declaration of Brian W. Carroll iso Motion for Appointment of Receiver by OTSC. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 13 OATH of Declaration of Roy Rebeyev iso Motion for Appointment of Receiver by OTSC. Document filed by College Diamond Fund Inc.. (Attachments: #1 Exhibit A - College Diamond Cert. of Inc., #2 Exhibit B - Lloyd Davis Cert. of Death, #3 Exhibit C - Lloyd Davis Bargain and Sale Deed, #4 Exhibit D - Elizabeth Davis Cert. of Death, #5 Exhibit E - Aff. of Heirship, #6 Exhibit F - College Equity Fund 25% Carolyn Boone Bargain and Sale Deed, #7 Exhibit G - Sam Walker Letters of Administration for Estate of Elizabeth Davis, #8 Exhibit H - College Equity Fund 25% Administrator's Deed, #9 Exhibit I - Confirmatory Deed, #10 Exhibit J - College Diamond Fund warranty deed w full covenants, #11 Exhibit K - DOB Violations and Photos of Property, #12 Exhibit L - NYC CityPay over $45K in Tickets at Property, #13 Exhibit M - Summons re violations of NYC Health Code re rat infestation at Property, #14 Exhibit N - Lien Notice as of 9-23-20 over $100K, #15 Exhibit O - Tax Lien Cert as of 08-16-18 recorded on ACRIS).(Carroll, Brian) |
| Filing 12 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by College Diamond Fund Inc...(Carroll, Brian) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 11 NOTICE of Notice of Petition - Art 7 of the N.Y. RPAPL - John Doe #6 re: #1 Complaint,,,,. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 10 NOTICE of Notice of Petition - Art 7 of the N.Y. RPAPL - John Doe #5 re: #1 Complaint,,,,. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 9 NOTICE of Notice of Petition - Art 7 of the N.Y. RPAPL - John Doe #4 re: #1 Complaint,,,,. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 8 NOTICE of Notice of Petition - Art 7 of the N.Y. RPAPL - John Doe #3 re: #1 Complaint,,,,. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 7 NOTICE of Notice of Petition - Art 7 of the N.Y. RPAPL - John Doe #2 re: #1 Complaint,,,,. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 6 NOTICE of Notice of Petition - Art 7 of the N.Y. RPAPL - John Doe #1 re: #1 Complaint,,,,. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 5 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Robert Davis as the de facto administrator of the Estate of Lloyd Davis, re: #1 Complaint,,,,. Document filed by College Diamond Fund Inc...(Carroll, Brian) Modified on 6/25/2024 (jgo). |
| Filing 4 NOTICE of 10 Day Notice to Quit per N.Y. RPAPL sec. 713 re: #1 Complaint,,,,. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by College Diamond Fund Inc...(Carroll, Brian) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Carroll, Brian) Modified on 6/25/2024 (jgo). |
| Filing 1 COMPLAINT against John Doe #1 through John Doe #100, Robert Davis as the de facto administrator of the Estate of Lloyd Davis. (Filing Fee $ 405.00, Receipt Number BNYSDC-29525363)Document filed by College Diamond Fund Inc.. (Attachments: #1 Exhibit A - College Diamond Cert. of Inc., #2 Exhibit B - Lloyd Davis Cert. of Death, #3 Exhibit C - Lloyd Davis Bargain and Sale Deed, #4 Exhibit D - Elizabeth Davis Cert. of Death, #5 Exhibit E - Aff. of Heirship, #6 Exhibit F - College Equity Fund 25% Carolyn Boone Bargain and Sale Deed, #7 Exhibit G - Sam Walker Letters of Administration for Estate of Elizabeth Davis, #8 Exhibit H - College Equity Fund 25% Administrator's Deed, #9 Exhibit I - Confirmatory Deed, #10 Exhibit J - College Diamond Fund warranty deed w full covenants, #11 Exhibit K - DOB Violations and Photos of Property, #12 Exhibit L - NYC CityPay over $45K in Tickets at Property, #13 Exhibit M - Summons re violations of NYC Health Code re rat infestation at Property, #14 Exhibit N - Lien Notice as of 9-23-20 over $100K, #15 Exhibit O - Tax Lien Cert as of 08-16-18 recorded on ACRIS).(Carroll, Brian) |
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