Kuhl v. U.S. Bank Trust National Association et al
| Jonathan Kuhl |
| MTGLQ Investor, LP, U.S. Bank Trust National Association and Rushmore Loan Management Services LLC |
| 7:2019cv08403 |
| September 10, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Truth in Lending |
| 29 U.S.C. § 1109 |
| None |
Docket Report
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Mailed a copy of #16 Order on Motion for Extension of Time, to Jonathan Kuhl 115 South Quaker Lane Hyde Park, NY 12538. (vba)
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time. APPLICATION GRANTED. Rushmore's time to answer, move, or otherwise respond to the complaint is extended to 11/15/2019. In addition, plaintiff's time to respond to MTGLQ's pending motion to dismiss (Doc. #12) is STAYED. Plaintiff shall not respond to MTGLQ's motion to dismiss until further Court Order. Clerk shall (i) terminate the letter-motion (Doc. #15) and (ii) mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/16/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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Set/Reset Deadlines: Rushmore Loan Management Services LLC answer due 11/15/2019. (mml)
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Filing 15
LETTER MOTION for Extension of Time addressed to Judge Vincent L. Briccetti from Erina Fitzgerald dated 10/15/2019. Document filed by Rushmore Loan Management Services LLC.(Fitzgerald, Erina)
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Filing 14
NOTICE OF APPEARANCE by Erina Fitzgerald on behalf of Rushmore Loan Management Services LLC. (Attachments: #1 Affirmation of Service)(Fitzgerald, Erina)
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Filing 13
NOTICE of Notice of Appearance of Co-Counsel for Lisa Herbert on behalf of Deft MTGLQ Investors, LP. Document filed by MTGLQ Investor, LP. (Herbert, Lisa)
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Filing 12
MOTION to Dismiss (Letter Motion to Dismiss per DE 11 Order). Document filed by MTGLQ Investor, LP. (Attachments: #1 Exhibit A)(Morreale, Frank).
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Mailed a copy of #11 Order on Motion for Conference, to Jonathan Kuhl 115 South Quaker Lane Hyde Park, NY 12538. (vba)
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Filing 11
ORDER granting in part and denying in part #10 Letter Motion for Conference. APPLICATION GRANTED IN PART and DENIED IN PART. A pre-motion conference--at which counsel for MTGLQ does not even intend to appear in person--is unnecessary. However, MTGLQ may file its motion to dismiss as a letter-motion. Further, if MTGLQ desires an extension of time to answer, move, or otherwise respond to the complaint, it may submit a second letter-motion requesting such relief and providing the date to which it seeks an extension. Clerk shall mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/8/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing 10
LETTER MOTION for Conference addressed to Judge Vincent L. Briccetti from Frank Morreale dated October 8, 2019. Document filed by MTGLQ Investor, LP. (Attachments: #1 Exhibit 1)(Morreale, Frank)
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Filing 9
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Goldman Sachs Group, Inc. for MTGLQ Investor, LP. Document filed by MTGLQ Investor, LP.(Morreale, Frank)
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Mailed a copy of #8 Memo Endorsement, to Jonathan Kuhl 115 South Quaker Lane Hyde Park, NY 12538. (aea)
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Filing 8
MEMO ENDORSEMENT on re: #7 Affidavit in Support filed by Jonathan Kuhl. ENDORSEMENT: In the attached submission, plaintiff, proceeding pro se, requests for the second time that the Court issue an Order to Show Cause why the Court should not direct defendant Rushmore Loan Management Services LLC to release insurance settlement funds to plaintiff. (Doc. #7). Plaintiff states he has served all defendants and has been served in a foreclosure action. Plaintiff's request is DENIED. Plaintiff has not shown he would be entitled to a preliminary injunction. In particular, plaintiff fails to show likelihood of success on the merits, or a serious question going to the merits. Red Earth LLC v. United States, 657 F.3d 138, 143 (2d Cir. 2011) (internal quotations omitted). This case will proceed in the ordinary course. If, indeed, defendants were properly served, they must respond within 21 days of being served. Fed. R. Civ. P. 21(a). The Clerk is directed to mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/27/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing 7
AFFIDAVIT in Further Support Of Order To Show Cause. Document filed by Jonathan Kuhl. (sbr)
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Filing 6
AFFIDAVIT OF SERVICE. Document filed by Jonathan Kuhl. (sbr)
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Filing 5
MEMO ENDORSEMENT on re: #4 Order to Show Cause - Unsigned filed by Jonathan Kuhl. ENDORSEMENT: In the attached submission, plaintiff, proceeding pro se, requests that the Court issue an Order to Show Cause why the Court should not direct defendant Rushmore Loan Management Services LLC to release $76,250 to plaintiff in insurance settlement funds. (Doc. #4). Plaintiff states he faces immediate and irreparable harm, including the loss of his home and source of income, if he does not receive the money he is owed to "get my workshop partially working." (Id.). Plaintiff says he is concerned his mortgage may go into foreclosure absent receipt of the settlement funds. Plaintiff's request is DENIED. First, plaintiff is not entitled to a temporary restraining order without notice because plaintiff has not submitted "specific facts... [that] clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition. See Fed. R. Civ. P. 65(b). Indeed, plaintiff states in his complaint that he chose to have his garage rebuilt with the insurance proceeds rather than have the insurance proceeds be paid against his mortgage. (Doc. #2 at ECF 3 n.1). Moreover, plaintiff states he has not been served with a foreclosure complaint. Second, plaintiff is not entitled to a preliminary injunction because defendants have not yet been served. See Fed. R. Civ. P. 65(a). Plaintiff states U.S. Bank Trust "was served in Minneapolis on Friday," and "Service was attempted on Rushmore Loan in California on Thursday, but the company refused to accept the papers from a process server." But plaintiff has not filed any proof of service on the docket. Plaintiff must file certificates of service as to his summons and complaint on all defendants before the Court directs the parties to appear before the Court. The Clerk is directed to mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/18/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #5 Memo Endorsement, to Jonathan Kuhl 115 South Quaker Lane Hyde Park, NY 12538. (vba)
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Filing 4
UNSIGNED ORDER TO SHOW CAUSE filed by Jonathan Kuhl. (sac)
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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. (rdz)
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Filing 2
COMPLAINT against MTGLQ Investor, LP, Rushmore Loan Management Services LLC, U.S. Bank Trust National Association. (Filing Fee $ $400.00, Receipt Number 465407017419)Document filed by Jonathan Kuhl.(rdz)
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Filing 1
CIVIL COVER SHEET filed. (rdz)
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SUMMONS ISSUED as to MTGLQ Investor, LP, Rushmore Loan Management Services LLC, U.S. Bank Trust National Association. (rdz)
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Case Designated ECF. (rdz)
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