Westcott et al v. Ocwen Loan Servicing LLC et al
Plaintiff: Wayne Westcott and Beverly Westcott
Defendant: Ocwen Loan Servicing LLC and Gerry C. Leonti
Case Number: 7:2018cv07444
Filed: August 16, 2018
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: Westchester
Presiding Judge: Cathy Seibel
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 14, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2018 Mailed a copy of #7 Order of Dismissal, to Wayne Westcott 23 Water Grant Street Yonkers, NY 10701; Beverly Westcott 23 Water Grant Street Yonkers, NY 10701. (aea)
September 13, 2018 Opinion or Order Filing 7 ORDER: The AC is dismissed for lack of jurisdiction, or in the alternative for failure to state a claim on which relief can be granted. The Clerk of Court is respectfully directed to send a copy of this Order to Plaintiffs and to close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 9/13/2018) (mml) Transmission to Docket Assistant Clerk for processing.
September 11, 2018 Filing 6 AMENDED COMPLAINT; re: amending #1 Complaint against Gerry C. Leonti, Ocwen Loan Servicing LLC with JURY DEMAND.Document filed by Wayne Westcott, Beverly Westcott. Related document: #1 Complaint.(sc)
August 27, 2018 Filing 5 NOTICE OF APPEARANCE by Patrick Gallagher Broderick on behalf of Ocwen Loan Servicing LLC. (Attachments: #1 Certificate of Service)(Broderick, Patrick)
August 20, 2018 Mailed a copy of #4 Order, Set Deadlines, to Wayne Westcott 23 Water Grant Street Yonkers, NY 10701; Beverly Westcott 23 Water Grant Street Yonkers, NY 10701. (aea)
August 17, 2018 Opinion or Order Filing 4 ORDER: The Court cannot discern any non-frivolous federal claim in Plaintiffs' pleading, and it appears that complete diversity of citizenship among the parties is lacking. One or the other is generally necessary for a case to proceed in federal court. See 28 U.S.C. 1331, 1332. Nevertheless, in an excess of caution, the Court will give Plaintiffs the opportunity to amend their Complaint to assert any federal claim they may have that does not seek to relitigate or appeal the foreclosure or eviction proceedings. See Tanasi v. CitiMortgage, Inc., 257 F. Supp. 3d 232, 252-55 (D. Conn. 2017). Any Amended Complaint must be filed no later than September 19, 2018, and must be labeled "Amended Complaint." The Amended Complaint will completely replace the original Complaint. If an Amended Complaint is not filed by September 19, 2018, the Court will dismiss theoriginal Complaint and close the case. The Clerk of Court is respectfully directed to send a copy of this Order to Plaintiffs. SO ORDERED. (Amended Pleadings due by 9/19/2018.) (Signed by Judge Cathy Seibel on 8/17/2018) (mml) Transmission to Docket Assistant Clerk for processing.
August 16, 2018 Case Designated ECF. (sj)
August 16, 2018 Magistrate Judge Lisa M. Smith is so designated. 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: #http://nysd.uscourts.gov/forms.php. (sj)
August 16, 2018 SUMMONS ISSUED as to Gerry C. Leonti. (sj)
August 16, 2018 SUMMONS ISSUED as to Ocwen Loan Servicing LLC. (sj)
August 16, 2018 Filing 2 CIVIL COVER SHEET filed. (sj)
August 16, 2018 Filing 1 COMPLAINT against Gerry C. Leonti, Ocwen Loan Servicing LLC. (Filing Fee $ 400.00, Receipt Number 465407016238)Document filed by Wayne Westcott, Beverly Westcott. (Attachments: #1 Exhibit)(sj)

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Plaintiff: Wayne Westcott
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Plaintiff: Beverly Westcott
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Defendant: Ocwen Loan Servicing LLC
Represented By: Patrick Gallagher Broderick
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Defendant: Gerry C. Leonti
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