Eugene Elwin Thomas ex rel. v. McCabe, Weisberg & Conway, LLC et al
| Eugene Elwin Thomas ex rel. |
| Deutsche Bank and McCabe, Weisberg & Conway, LLC |
| 1:2024cv07504 |
| October 3, 2024 |
| US District Court for the Southern District of New York |
| Margaret M Garnett |
| Gary Stein |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 27, 2024. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 20. Mailed to: EugeneElwinThomasexrel. ACP 5197 PO BOX 1110 Albany, NY 12201-1110. |
Filing 20
ORDER: At the conference, the Court noted that Defendant McCabe's time to answer or otherwise respond to the Complaint expired on October 25, 2024. Defendant McCabe requested an extension of time and stated that it intends to move to dismiss the claims asserted against it. Plaintiff stated that he intends to oppose Defendant McCabe's request for an extension of time. The Court then set the following schedule: Defendant McCabe shall file by Wednesday, November 27, 2024, its letter motion requesting an extension of time to respond to the Complaint; Plaintiff has until Tuesday, December 10, 2024, to file a letter opposing McCabes motion for an extension; If an extension is granted, Defendant McCabe shall file its motion to dismiss byWednesday, December 18, 2024. Plaintiff will then have until Wednesday, December25, 2024, to send a letter to the Court proposing a date by which Plaintiff will file its opposition to Defendant Deutsche Banks and Defendant McCabe's motions to dismiss. As stated on the record, the Court notes that in preparing his opposition papers, Plaintiff may seek assistance from the City Bar Justice Center, or CBJC, which provides limited-scope legal assistance to pro se litigants with cases before this Court. A flyer with contact information for the City Bar Justice Center is attached hereto. The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Thomas at the address provided on ECF. ( Motions due by 12/18/2024.) (Signed by Magistrate Judge Gary Stein on 11/26/2024) (tro)
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| Filing 19 CERTIFICATE OF SERVICE of Letter Motion served on Eugene Elwin Thomas on 11/26/2024. Service was made by Mail. Document filed by McCabe, Weisberg & Conway, LLC..(Krapf, Jamie) |
| Filing 18 FIRST LETTER MOTION for Extension of Time for defendant to file pre-answer motion to dismiss addressed to Magistrate Judge Gary Stein from Jamie C. Krapf dated 11/26/2024. Document filed by McCabe, Weisberg & Conway, LLC..(Krapf, Jamie) |
| Minute Entry. A Status Conference was held on Tuesday, November 26, 2024 before Magistrate Judge Gary Stein. (ta) |
| MAILING RECEIPT: Document No: 17. Mailed to: EugeneElwinThomasexrel. ACP 5197 PO BOX 1110 Albany, NY 12201-1110. (tro) |
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Filing 17
RESCHEDULING ORDER: The Status Conference scheduled for Tuesday, November 19, 2024 at 10:00 a.m. is hereby adjourned to Tuesday, November 26, 2024 at 10:00 a.m. Parties are directed to join the conference via Microsoft Teams at the scheduled time using the following link: Click Here To Join The Meeting. [Meeting ID:232 269 230 46] [Passcode: TCoZJn] SO ORDERED. Status Conference set for 11/26/2024 at 10:00 AM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 11/14/2024) (tg)
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| MAILING RECEIPT: Document No: 16. Mailed to: EugeneElwinThomasexrel. ACP 5197 PO BOX 1110 Albany, NY 12201-1110. (ak) |
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Filing 16
VIDEO STATUS CONFERENCE ORDER: This action is scheduled for a Video Status Conference on Tuesday, November 19, 2024 at 10:00 a.m. The parties should be prepared to discuss the following topics: (1) a briefing schedule for Defendant Deutsche Bank's pending motion to dismiss; (2) Defendant McCabe, Weisberg & Conway's response to the Complaint; and (3) interest in a settlement conference before the undersigned or participation in the District's Mediation Program. The parties are directed to join the conference via Microsoft Teams at the scheduled time using the following link: Click here to join the meeting. Meeting ID: [232 269 230 46] Passcode: [TCoZJn] SO ORDERED. ( Status Conference set for 11/19/2024 at 10:00 AM before Magistrate Judge Gary Stein.) (Signed by Magistrate Judge Gary Stein on 11/4/2024) (tg)
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| MAILING RECEIPT: Document No: 15. Mailed to: EugeneElwinThomasexrel. ACP 5197 PO BOX 1110 Albany, NY 12201-1110. |
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Filing 15
AMENDED 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)Particular Motion: Dkt. No 13 and anysubsequent motions to dismiss filed bythe other defendants. Settlement (s). Referred to Magistrate Judge Gary Stein. SO ORDERED. Motions referred to Gary Stein. (Signed by Judge Margaret M. Garnett on 10/31/2024) (jca)
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| Filing 14 NOTICE of Rule 12.1 re: #13 MOTION to Dismiss .. Document filed by Deutsche Bank..(Gordon, Matthew) |
| Filing 13 MOTION to Dismiss . Document filed by Deutsche Bank. Responses due by 11/26/2024 Return Date set for 12/10/2024 at 09:00 AM. (Attachments: #1 Affidavit Declaration of Matthew J. Gordon in Support of Motion to Dismiss and for Attorney's Fees, #2 Exhibit A - Complaint in the Foreclosure Action, #3 Exhibit B - Plaintiffs answer in the Foreclosure Action, #4 Exhibit C - JFS, #5 Exhibit D - December 4, 2019 decision, #6 Exhibit E - Complaint in the State Collateral Action, #7 Exhibit F - State Court Dismissal Order, #8 Exhibit G - Complaint in the Prior Federal Action, #9 Exhibit H - April 8, 2021 judgment, #10 Exhibit I - Decision in the appeal from the Prior Federal Action, #11 Exhibit J - Notice of Sale, #12 Exhibit K - Complaint, #13 Affidavit Memorandum of Law in Support of Motion to Dismiss Pursuant to FED. R. CIV. P. 12(B)(1) AND (6) and for Attorney's Fees, #14 Affidavit Certificate of Service).(Gordon, Matthew) |
| Filing 12 NOTICE OF APPEARANCE by Matthew Jeremy Gordon on behalf of Deutsche Bank..(Gordon, Matthew) |
| MAILING RECEIPT: Document No: 11. Mailed to: EugeneElwinThomasexrel. ACP 5197 PO BOX 1110 Albany, NY 12201-1110. (ne) |
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Filing 11
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gary Stein. (Signed by Judge Margaret M. Garnett on 10/23/2024) (mml)
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| Filing 8 SUMMONS ISSUED as to Deutsche Bank. (nb) |
| Mailed a copy of #8 Summons Issued, #7 Order of Service,,, to Eugene Elwin Thomas ex rel. ACP 5197 PO BOX 1110 Albany, NY 12201-1110..(nb) |
| MAILING RECEIPT: Document No: 7. Mailed to: EugeneElwinThomasexrel. ACP 5197 PO BOX 1110 Albany, NY 12201-1110. (ak) |
| Filing 10 SUMMONS RETURNED EXECUTED. Deutsche Bank served on 10/11/2024, answer due 11/1/2024. Service was accepted by Richard Veta, Associate of Legal Det. Document filed by Eugene Elwin Thomas ex rel. (ar) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. McCabe, Weisberg & Conway, LLC served on 10/4/2024, answer due 10/25/2024. Service was accepted by G. Frank. Document filed by Eugene Elwin Thomas ex rel. (ar) |
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Filing 7
ORDER OF SERVICE: Plaintiff, who is proceeding pro se, paid the filing fees to commence this action. The Clerk of Court is directed to issue a summons as to Defendant Deutsche Bank. Plaintiff is directed to serve the summons and complaint on Defendant Deutsche Bank within 90 days of the issuance of the summons. If within those 90 days, Plaintiff has not either served Defendant Deutsche Bank or requested an extension of time to do so, the Court may dismiss the claims against Defendant Deutsche Bank under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. Plaintiff may receive court documents by email by completing and filing the form found at the following link: https://nysd.uscourts.gov/sites/default/files/2021-03/Consent_Pro-Se_Eservice-form.pdf. SO ORDERED. (Signed by Judge Margaret M. Garnett on 10/15/2024) (mml) Transmission to Pro Se Assistants for processing.
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| Filing 6 CERTIFICATE OF SERVICE of Notice of Appearance and Rule 7.1 Corporate Disclosure Statement served on Eugene Elwin Thomas and Deutsche Bank on 10/15/2024. Service was made by Mail and ECF. Document filed by McCabe, Weisberg & Conway, LLC..(Krapf, Jamie) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by McCabe, Weisberg & Conway, LLC..(Krapf, Jamie) |
| Filing 4 NOTICE OF APPEARANCE by Jamie C. Krapf on behalf of McCabe, Weisberg & Conway, LLC..(Krapf, Jamie) |
| MAILING RECEIPT: Document No: 3. Mailed to: EugeneElwinThomasexrel. ACP 5197 PO BOX 1110 Albany, NY 12201-1110. (ak) |
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Filing 3
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Chief Judge Laura Taylor Swain on 3/18/2024) (vba)
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| Filing 2 CIVIL COVER SHEET filed. (vba) |
| Filing 1 COMPLAINT against Deutsche Bank, McCabe, Weisberg & Conway, LLC. (Filing Fee $ 405.00. Receipt No. 33424) Document filed by Eugene Elwin Thomas ex rel.(vba) Modified on 10/11/2024 (vba). |
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information..(vba) |
| Magistrate Judge Gary Stein 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. (vba) Modified on 10/10/2024 (vba). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to. 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..(vba) |
| Case Designated ECF. (vba) |
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