Schwartz v. Capital One Bank N.A.
Plaintiff: Moses Schwartz
Defendant: Capital One Bank N.A.
Case Number: 7:2018cv07633
Filed: August 22, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. ยง 1441 cra
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 11, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2018 Mailed a copy of #13 Notice of Voluntary Dismissal - Signed, to Moses Schwartz 46 Wilshire Drive Chestnut Ridge, NY 10977. (vba)
October 10, 2018 Opinion or Order Filing 13 ORDER OF DISMISSAL WITH PREJUDICE: Plaintiff Moses Schwaitz, pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(i), hereby gives notice that this action is dismissed with prejudice, with each party to bear their own fees and costs. All scheduled conferences or other court appearances are cancelled. Any pending motions are moot. Clerk shall close this case and mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/10/2018) (rro) Transmission to Docket Assistant Clerk for processing.
October 10, 2018 Filing 12 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Capital One Bank N.A.. Document filed by Capital One Bank N.A.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Rice, David)
October 10, 2018 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #12 Notice of Voluntary Dismissal was reviewed and referred to Judge Vincent L. Briccetti for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a Pro Se case. (dt)
September 20, 2018 Mailed a copy of 11 Order on Motion for Extension of Time to Answer, to Moses Schwartz 46 Wilshire Drive Chestnut Ridge, NY 10977. (vba)
September 19, 2018 Opinion or Order Filing 11 ORDER granting #10 Letter Motion for Extension of Time to Answer: Defendant's time to answer, move, or otherwise respond to the complaint is extended to 10/19/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Briccetti, Vincent) Transmission to Docket Assistant Clerk for processing.
September 19, 2018 Filing 10 LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Vincent L. Briccetti from David W. Rice dated September 19, 2018. Document filed by Capital One Bank N.A..(Rice, David)
September 19, 2018 Filing 9 NOTICE OF APPEARANCE by David William Rice on behalf of Capital One Bank N.A.. (Rice, David)
August 23, 2018 Opinion or Order Filing 7 ORDER granting #6 Letter Motion for Extension of Time: Defendant's time to answer, move, or otherwise respond to the complaint is extended to 9/19/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Briccetti, Vincent) Transmission to Docket Assistant Clerk for processing.
August 23, 2018 Filing 6 LETTER MOTION for Extension of Time to respond to plaintiff's complaint addressed to Judge Vincent L. Briccetti from Philip A. Goldstein dated August 23, 2018. Document filed by Capital One Bank N.A..(Goldstein, Philip)
August 23, 2018 Filing 5 NOTICE OF REMOVAL from Supreme Court New York, County of Rockland. Case Number: 034236/2018..Document filed by Capital One Bank N.A.. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Exhibit B-Notice of Filing of Notice of Removal, #3 Certificate of Service)(Goldstein, Philip)
August 23, 2018 Magistrate Judge Paul E. Davison 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. (pne)
August 23, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pne)
August 23, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philip A. Goldstein. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1681; County code Rockland. The following corrections have been made to your case entry: the Cause of Action code has been modified to 28:1441cra; the County code has been modified to New York. (pne)
August 23, 2018 Case Designated ECF. (pne)
August 23, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philip A. Goldstein. The following case opening statistical information was erroneously selected/entered: Office code Foley Square. The following correction has been made to your case entry: the Office code has been modified to White Plains. (pne)
August 23, 2018 Mailed a copy of 7 Order on Motion for Extension of Time, to Moses Schwartz 46 Wilshire Drive Chestnut Ridge, NY 10977. (vba)
August 23, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Philip A. Goldstein to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason: As per Rule 13.3, each attachment must be clearly titled in the ECF docket entry so the subject of the exhibit is clear. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
August 22, 2018 Filing 4 NOTICE OF APPEARANCE by Philip A. Goldstein on behalf of Capital One Bank N.A.. (Goldstein, Philip)
August 22, 2018 Filing 3 CIVIL COVER SHEET filed. (Goldstein, Philip)
August 22, 2018 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capital One Financial Corporation for Capital One Bank N.A.. Document filed by Capital One Bank N.A..(Goldstein, Philip)
August 22, 2018 Filing 1 FILING ERROR - DEFICIENT PLEADING - NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Rockland. Case Number: 034236/2018. (Filing Fee $ 400.00, Receipt Number 0208-15480027).Document filed by Capital One Bank N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Goldstein, Philip) Modified on 8/23/2018 (pne).

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Plaintiff: Moses Schwartz
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Defendant: Capital One Bank N.A.
Represented By: Philip A. Goldstein
Represented By: David William Rice
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