Graham et al v. HSBC Mortgage Corporation et al
| Iris Graham and Victor Graham |
| HSBC Mortgage Corporation, OCWEN Loan Servicing, LLC and Stewart Title Agency |
| 1:2018cv04196 |
| May 9, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Unassigned |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
57
OPINION & ORDER. The Court denies Plaintiffs' application for default judgment and dismisses Plaintiffs claims against Defendant with prejudice. The Clerk of Court is respectfully directed to terminate the pending motion, (Dkt. No. 56), mail a copy of this Order to Plaintiffs, and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/28/22) (yv)
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Filing
55
OPINION & ORDER re: 47 MOTION to Dismiss Second Amended Complaint. filed by OCWEN Loan Servicing, LLC, HSBC Mortgage Corporation. The Court grants Defendants' Motion To Dismiss. Because this is the third adjudication of Plain tiffs' claims against Defendants on the merits, the claims are dismissed with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 47), to mail a copy of this Opinion & Order to Plaintiffs, and ter minate Defendants HSBC and Ocwen. As indicated in Footnote 1, Defendant Stewart Title did not join the instant Motion and, in fact, has not appeared in this Action. However, the Court finds that dismissal of Plaintiffs' claims against Stewart Title is proper given that Plaintiffs' claims are equally untimely against Stewart Title as they are against HSBC and Ocwen. As such, Plaintiffs have two weeks from the date of this Order to show cause as to why their claims should not be dis missed against Stewart Title. SO ORDERED., (HSBC Mortgage Corporation (a Delaware corporation) and OCWEN Loan Servicing, LLC (a Delaware limited liability corporation) terminated.) (Signed by Judge Kenneth M. Karas on 9/24/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
43
ORDER OF DISMISSAL: By Opinion and Order dated September 23, 2020, the Court granted Defendants' Motion to Dismiss the Amended Complaint. (Dkt. No. 33, 38.) The Court also granted Plaintiffs' request to amend the Complaint. (Dkt. No. 38. ) The Plaintiffs filed a Second Amended Complaint on November 23, 2020. (Dkt. No. 40.) Defendants filed a Motion To Dismiss Plaintiffs' Second Amended Complaint. (Dkt. No. 41.) The Court dismisses Defendants' pending Motion To Dismiss wi thout prejudice for failure to comply with the Court's individual rules. The Clerk of Court is respectfully requested to terminate the pending Motion. (Id.) SO ORDERED. Motions terminated: 41 MOTION to Dismiss Plaintiffs' Second Amended Complaint. filed by OCWEN Loan Servicing, LLC, HSBC Mortgage Corporation. (Signed by Judge Kenneth M. Karas on 12/8/2020) (jca)
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Filing
38
OPINION AND ORDER re: 33 MOTION to Dismiss . filed by OCWEN Loan Servicing, LLC, HSBC Mortgage Corporation. For the foregoing reasons, Defendant's Motion To Dismiss is granted. Given Plaintiffs' pro se status and reques t to amend the Amended Complaint, (Pls.' Mem. 11), Plaintiffs may have a final opportunity to do so. See Fed. R. Civ. P. 15(a) (noting that leave to amend a complaint should be freely give[n]...when justice so requires). The Court notes, howe ver, that Plaintiffs have already had a second bite at the apple with their Amended Complaint, and therefore instructs Plaintiffs to include within their second amended complaint all changes to correct the deficiencies identified in this Opinion & Order that Plaintiffs wish the Court to consider. Plaintiffs are advised that the second amended complaint will replace, not supplement, all prior complaints and filings. The second amended complaint must contain all of the claims, factual alleg ations, and exhibits that Plaintiffs wish the Court to consider. If Plaintiffs fail to abide by the 30-day deadline, their claims may be dismissed with prejudice. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 33), and to mail a copy of this Opinion & Order to Plaintiffs. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/23/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
25
OPINION AND ORDER: For the foregoing reasons, Defendants' Motion To Dismiss is granted. However, because this is the first adjudication of Plaintiffs' claims on the merits, the dismissal is without prejudice. See Terry v. Inc. Vill. of Pa tchogue, 826 F.3d 631, 633 (2d Cir. 2016) (explaining that "district judges should, as a general matter, liberally permit pro se litigants to amend their pleadings" unless "amendment would be futile" (citation omitted)). Should Plaintiffs choose to file an amended complaint, they must do so within 30 days of this Opinion, addressing the deficiencies identified herein. The amended complaint will replace, not supplement, the Complaint currently before the Court. It therefo re must contain all of the claims and factual allegations Plaintiffs wish the Court to consider. The Court will not consider factual allegations raised in supplemental declarations, affidavits, or letters. If Plaintiffs fail to abide by the 30-day deadline, this action may be dismissed with prejudice. The Clerk of Court is respectfully requested to terminate the pending Motion, (see Dkt. No. 16), and mail a copy of this Opinion to Plaintiffs. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/11/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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