Stearns Bank National Association v. Petrone et al
| Stearns Bank National Association |
| Josephine M. Petrone and William J. Burress |
| 7:2021cv05914 |
| July 9, 2021 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 AFFIRMATION of Michael A. Markowitz re: #25 Order to Show Cause,,,,, for service on defendants pursuant to order. Document filed by Stearns Bank National Association..(Markowitz, Michael) |
Filing 25
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT PURSUANT TO FRCP 55(B)(2): It is ORDERED, that the defendants JOSEPHINE M. PETRONE and WILLIAM J. BURRESS show cause before a motion term of this Court before the Hon. Cathy Seibel, at Room 621, United States Courthouse, 300 Quarropas Street, White Plains, New York, on October 4, 2021, at 4:45 p.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure for default judgment in favor of plaintiff STEARNS BANK NATIONAL ASSOCIATION and against defendants JOSEPHINE M. PETRONE and WILLIAM J. BURRESS for the sum of $256,519.72, plus interest from March 19, 2020, with reasonable attorney fees and costs; and it is further ORDERED that service by overnight mail on the defendants of a copy of this order and the papers in support thereof be made on the defendants on or before September 8, 2021 shall be deemed good and sufficient service thereof; and it is further ORDERED that opposition papers, if any, be filed with the Court no later than September 27, 2021. Show Cause Hearing set for 10/4/2021 at 04:45 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. Show Cause Response due by 9/27/2021. (Signed by Judge Cathy Seibel on 8/30/2021) (jca)
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| Filing 24 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Stearns Bank National Association..(Markowitz, Michael) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 23 AFFIRMATION of Michael A. Markowitz re: #20 Proposed Order to Show Cause Without Emergency Relief for default judgment. Document filed by Stearns Bank National Association. (Attachments: #1 Exhibit Business Loan Agreement and Promissory Note, #2 Exhibit Personal Guarantees, #3 Exhibit Bankruptcy Court Final Decree, #4 Exhibit Notice of Default, #5 Exhibit Pleadings, #6 Exhibit Affidavits of Service, #7 Exhibit Clerk's Certificate of Default, #8 Exhibit Letter of Engagement, #9 Exhibit Attorney Invoices, #10 Exhibit Proposed Judgment).(Markowitz, Michael) |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Stearns Bank National Association..(Markowitz, Michael) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 8/30/2021 (dt). |
| Filing 21 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Default Judgment as to Josephine M. Petrone and William J. Burress. Document filed by Stearns Bank National Association. (Attachments: #1 Exhibit Business Loan Agreement and Promissory Note, #2 Exhibit Personal Guarantees, #3 Exhibit Bankruptcy Court Final Decree, #4 Exhibit Notice of Default, #5 Exhibit Pleadings, #6 Exhibit Affidavits of Service, #7 Exhibit Clerk's Certificate of Default, #8 Exhibit Letter of Engagement, #9 Exhibit Attorney Invoices, #10 Exhibit Proposed Judgment).(Markowitz, Michael) Modified on 8/30/2021 (dt). |
| Filing 20 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Stearns Bank National Association..(Markowitz, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #20 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Markowitz, Michael to RE-FILE Document #21 MOTION for Default Judgment as to Josephine M. Petrone and William J. Burress. Use the event type Affirmation in Support of a Non-Motion found under the event list Other Answers. (dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Markowitz, Michael to RE-FILE Document #22 Proposed Default Judgment,. ERROR(S): Title of Document is Wrong. Change Title of Document to Default Judgment, then re-file. (dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Markowitz, Michael to RE-FILE Document #22 Proposed Default Judgment. ERROR(S): Title of Document is Wrong. Change title of Document to Default Judgment, then separately file using the event type Proposed Default Judgment found under the event list Proposed Order. Cannot be filed as an attachment to the Affirmation. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #24 Proposed Default Judgment was reviewed and approved as to form. (dt) |
| Filing 19 CLERK'S CERTIFICATE OF DEFAULT as to Josephine M. Petrone and William J. Burress.(km) |
| Filing 18 AFFIRMATION of Michael A. Markowitz re: #17 Proposed Clerk's Certificate of Default, . Document filed by Stearns Bank National Association..(Markowitz, Michael) |
| Filing 17 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Stearns Bank National Association..(Markowitz, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/24/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michael Markowitz. RE-FILE Document No. #16 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the documents are not filed properly. Please refer to ECF Rule 16.1. (km) |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Stearns Bank National Association. (Attachments: #1 Affidavit Support of Request for a Certificate of Default).(Markowitz, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/24/2021 (km). |
| Filing 15 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RELATED CASE AFFIRMATION of Michael A. Markowitz re: that this action be filed as Document filed by Stearns Bank National Association..(Markowitz, Michael) Modified on 8/23/2021 (km). |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Stearns Bank National Association..(Markowitz, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/23/2021 (km). |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Stearns Bank National Association. (Attachments: #1 Affidavit Support of Request for a Certificate of Default).(Markowitz, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/23/2021 (km). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Michael Markowitz to RE-FILE Document #15 Statement of Relatedness. The document that was filed is not the affirmation in support of the clerk's certificate of default. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michael Markowitz. RE-FILE Document No. #14 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default lists the wrong name(s) for the party(ies) who accepted service of the summons and complaint for William Burress. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michael Markowitz. RE-FILE Document No. #13 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Please refer to ECF Rule 16.1. The proposed clerk's certificate was not filed and the documents are not properly filed. Please use the sample clerk's certificate that is on our website, along with detailed filing instructions. (km) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. William J. Burress served on 7/28/2021, answer due 8/18/2021. Service was accepted by Josephine M. Petrone. Document filed by Stearns Bank National Association..(Markowitz, Michael) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Josephine M. Petrone served on 7/28/2021, answer due 8/18/2021. Service was accepted by Josephine M. Petrone. Document filed by Stearns Bank National Association..(Markowitz, Michael) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Andrew Markowitz to RE-FILE Document #10 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (ldi) |
| Filing 10 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Stearns Bank National Association..(Markowitz, Michael) Modified on 7/15/2021 (ldi). |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Josephine M. Petrone..(gp) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to William J. Burress..(gp) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Andrew Markowitz to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (ldi) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to William J. Burress, re: #1 Complaint. Document filed by Stearns Bank National Association..(Markowitz, Michael) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Josephine M. Petrone, re: #1 Complaint. Document filed by Stearns Bank National Association..(Markowitz, Michael) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Andrew Markowitz. The following case opening statistical information was erroneously selected/entered: Cause of Action code 12:725; Dollar Demand $256,519,000; County code Rockland;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State;. (pc) |
| Magistrate Judge Andrew E. Krause 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Andrew Markowitz to RE-FILE Document No. #4 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Attorney info is blank;. 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. (pc) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William J. Burress, re: #1 Complaint. Document filed by Stearns Bank National Association..(Markowitz, Michael) Modified on 7/12/2021 (pc). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Josephine M. Petrone, re: #1 Complaint. Document filed by Stearns Bank National Association..(Markowitz, Michael) Modified on 7/12/2021 (pc). |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Stearns Bank National Association..(Markowitz, Michael) Modified on 7/13/2021 (ldi). |
| Filing 2 CIVIL COVER SHEET filed..(Markowitz, Michael) |
| Filing 1 COMPLAINT against Stearns Bank National Association. (Filing Fee $ 402.00, Receipt Number ANYSDC-24772326)Document filed by Stearns Bank National Association..(Markowitz, Michael) |
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