Hutter v. Bank of New York Mellon
Plaintiff: Nance Martelli Hutter
Defendant: Bank of New York Mellon, F/K/A Bank of New York, as Trustee, On Behalf of the Registered Holders of Alternative Loan Trust 2007-OA7, Mortgage Pass-Through Certificates, Series 2007-OA7 and Bank of New York Mellon
Case Number: 7:2018cv08378
Filed: September 14, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Cathy Seibel
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 24, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2018 Opinion or Order Filing 12 ORDER granting #11 Letter Motion for Extension of Time to Answer: Bank of New York Mellon answer due 11/21/2018> (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
October 24, 2018 Filing 11 LETTER MOTION for Extension of Time to File Answer or otherwise respond to the complaint addressed to Judge Cathy Seibel from Jordan M. Smith dated Oct. 24, 2018. Document filed by Bank of New York Mellon.(Smith, Jordan)
October 19, 2018 Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was accepted by NANCY DOUGHERTY, AUTHORIZED AGENT. Document filed by Nance Martelli Hutter. (McCaffrey, Brian)
October 10, 2018 Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,. Bank of New York Mellon served on 10/3/2018, answer due 10/24/2018. Service was accepted by NANCY DOUGHERTY, AUTHORIZED AGENT. Document filed by Nance Martelli Hutter. (McCaffrey, Brian)
September 27, 2018 Filing 8 ELECTRONIC SUMMONS ISSUED as to Bank of New York Mellon. (pc)
September 26, 2018 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to BANK OF NEW YORK MELLON, re: #1 Complaint,. Document filed by Nance Martelli Hutter. (McCaffrey, Brian)
September 26, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brian McCaffrey to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; please remove 'et al' from the 'To:' section of the summons pdf. The use of 'et al' in the caption is correct. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
September 25, 2018 Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to BANK OF NEW YORK MELLON, re: #1 Complaint,. Document filed by Nance Martelli Hutter. (McCaffrey, Brian) Modified on 9/26/2018 (dnh).
September 24, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brian McCaffrey to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; The caption and the defendant listed in the 'To:' section must directly correspond to the pleading. If you are unable to fit the text in it's entirety, list 'Bank of New York Mellon et al'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
September 21, 2018 Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to BANK OF NEW YORK MELLON, F/K/A BANK OF NEW YORK, AS TRUSTEE, ON BEHALF OF THE REGISTERED HOLDERS OF ALTERNATIVE LOAN TRUST 2007-OA7, re: #1 Complaint,. Document filed by Nance Martelli Hutter. (McCaffrey, Brian) Modified on 9/24/2018 (dnh).
September 17, 2018 Filing 4 CIVIL COVER SHEET filed. (McCaffrey, Brian)
September 17, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brian McCaffrey to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reasons: Case No. entered on the summons request PDF is incorrect; Case No. must be changed from 1:18-cv-08378 to 7:18-cv-08378 or 18-cv-08378. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
September 17, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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)
September 17, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brian McCaffrey to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reasons: MULTIPLE NATURES OF SUIT SELECTED; YOU MUST SELECT ONLY ONE; CASE CAN NOT BE ASSIGNED TO A JUDGE UNTIL THIS IS CORRECTED. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne)
September 17, 2018 Case Designated ECF. (pne)
September 17, 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)
September 17, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian McCaffrey. The following case opening statistical information was erroneously selected/entered: Office code Foley Square; Cause of Action code 28:1331dj; Nature of Suit code 150 (Contract: Recovery/Enforcement); Dollar Demand $500,000,000. The following corrections have been made to your case entry: the Office code has been modified to White Plains; the Cause of Action code has been modified to 15:1692; the Nature of Suit code has been modified to 480 (Consumer Credit); the Dollar Demand has been modified to $500,000. (pne)
September 17, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brian McCaffrey. The party information for the following party has been modified: Bank of New York Mellon. The information for the party has been modified for the following reasons: party name contained a typographical error; party text was omitted; alias party name was entered incorrectly. (pne)
September 14, 2018 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to BANK OF NEW YORK MELLON, F/K/A BANK OF NEW YORK, AS TRUSTEE, ON BEHALF OF THE REGISTERED HOLDERS OF ALTERNATIVE LOAN TRUST 2007-OA7, re: #1 Complaint,. Document filed by Nance Martelli Hutter. (McCaffrey, Brian) Modified on 9/17/2018 (pne).
September 14, 2018 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (McCaffrey, Brian) Modified on 9/17/2018 (pne).
September 14, 2018 Filing 1 COMPLAINT against Bank of New York Mellon, F/K/A Bank of New York, as Trustee, On Behalf of the Registered Holders of Alternative Loan Trust 2007-OA7, Mortgage Pass-Through Certificates, Series 2007-OA7. (Filing Fee $ 400.00, Receipt Number 0208-15569304)Document filed by Nance Martelli Hutter. (Attachments: #1 Exhibit A - Deed, #2 Exhibit B- Consolidated Mortgage, #3 Exhibit C - Corporate Assignment of Mortgage, #4 Exhibit D - Acceleration Letter)(McCaffrey, Brian)

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Defendant: Bank of New York Mellon, F/K/A Bank of New York, as Trustee, On Behalf of the Registered Holders of Alternative Loan Trust 2007-OA7, Mortgage Pass-Through Certificates, Series 2007-OA7
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Defendant: Bank of New York Mellon
Represented By: Jordan Michael Smith
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Plaintiff: Nance Martelli Hutter
Represented By: Brian McCaffrey
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