| March 1, 2019 |
Filing
61
OPINION & ORDER re: 59 MOTION to Dismiss RE-FILE of Document 56 filed by HSBC Bank, USA. For the forgoing reasons, Defendant's motion to dismiss Plaintiff's FCRA claims as against HSBC is GRANTED in its entirety. Given the Court's Opinion and Order dated March 22, 2018, which dismissed all claims against Defendants Mortgageit, Inc., Mortgage Electronic Registration System, Inc., Prudential Rand Realty, Inc., and Does 1-100, with prejudice, any claims asser ted in the Amended Complaint against them are similarly dismissed. The Amended Complaint is deemed dismissed in its entirety. The Clerk of the Court is respectfully directed to mail a copy of this Opinion to pro se Plaintiff, show proof of service on the docket, terminate the motion at ECF No. 59, and terminate the action. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/1/2019) (anc) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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| March 22, 2018 |
Filing
48
OPINION & ORDER re: 25 MOTION to Dismiss the Complaint, filed by Mortgage Electronic Registration Systems, Inc., HSBC Bank, USA, 35 MOTION to Amend/Correct 21 Letter Plainitff's Cross-Motion to Amend the Complain t, filed by Mortgage Electronic Registration Systems, Inc., HSBC Bank, USA. Defendants' Motion to Dismiss the Complaint is granted, with leave to amend only the second part of Plaintiff's claim arising under the FCRA as explaine d above. The Clerk of Court is respectfully requested to terminate the motions at ECF Nos. 25 & 35, mail a copy of this Opinion and Order to pro se Plaintiff at the address below, and file proof of service on the docket. The Clerk of Court is also requested to terminate Defendants MortgageIT, Inc., Mortgage Electronic Registration Systems, Inc., Prudential Rand Realty, Inc., all persons with an interest in real property located at 4 William Street, Ossining, New York, and Does 1-100. Plaint iff is directed to file an Amended Complaint in conformance with the above on or before May 21, 2018. Failure to timely file an Amended Complaint will result in the dismissal of the complaint and termination of the action. The remaining Defendant, H SBC Bank, USA, shall answer or seek a pre-motion conference on any potential motion to dismiss by June 20, 2018. An in-person Initial Pre-trial Conference is scheduled for June 29, 2018, at 12:00 p.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 218, White Plains, New York 10601. The parties shall confer in accordance with Fed. R. Civ. P. 26(f) at least 21 days prior to the conference and attempt in good faith to agree upon a proposed discovery plan that will ensure trial readiness within six months of the conference date. The parties shall also complete an amended Civil Case Discovery Plan and Scheduling Order and bring it to the conference. (Signed by Judge Nelson Stephen Roman on 3/22/2018) (ras)
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| August 2, 2017 |
Filing
43
OPINION & ORDER: On July 11, 2017, Plaintiff submitted to the Court an Order to Show Cause for Default Judgment against Defendant Prudential Rand Realty, Inc. ("Prudential"). (See e.g., ECF No. 42.) Although Plaintiff is required to prov ide proof of service of both the Summons and Complaint upon Defendants, he has provided only affirmations of service of the Summons. (ECF No. 10.) Given Plaintiff has not demonstrated that he effectuated proper service upon Prudential, his Order to Show Cause is denied without prejudice to renew at a later date. Plaintiff is directed to present proof of service upon Prudential of both the Summons and Complaint. (Signed by Judge Nelson Stephen Roman on 8/2/2017) Copies Mailed By Chambers(rj)
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