Duff v. Deutsche Bank National Trust Company as Trustee for Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2005-R10 et al
| Emily Duff |
| Deutsche Bank National Trust Company as Trustee for Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2005-R10 and PHH Mortgage Corporation |
| 7:2021cv06532 |
| August 2, 2021 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Real Property: Other |
| 28 U.S.C. ยง 1332 qt |
| None |
Docket Report
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| Document Text |
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Filing 11
ORDER denying without prejudice #10 Motion to Dismiss: Motion denied without prejudice to renewal following a pre-motion conference, as required by my Individual Practices. Telephonic pre-motion conference to be held on 10/21/211 at 11:45 am. Plaintiff shall state her position, by letter of no more than 3 pages, by 10/14/21. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 10 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6). Document filed by Deutsche Bank National Trust Company as Trustee for Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2005-R10, PHH Mortgage Corporation. (Attachments: #1 Memorandum of Law in Support of Defendants' Motion to Dismiss, #2 Exhibit 1 - Documentation from State Supreme Court Case, #3 Exhibit 2 - Order of Dismissal, #4 Exhibit 3 - Docket, #5 Text of Proposed Order From Defendants' Motion to Dismiss, #6 Certificate of Service For Defendants' Motion to Dismiss).(Valle, Lauren) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to PHH Mortgage Corporation. (sj) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Deutsche Bank National Trust Company as Trustee for Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2005-R10. (sj) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to PHH Mortgage Corporation, re: #1 Complaint,,. Document filed by Emily Duff..(Higgs, Charles) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Deutsche Bank National Trust Company as Trustee for Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2005-R10, re: #1 Complaint,,. Document filed by Emily Duff..(Higgs, Charles) |
| Filing 5 CIVIL COVER SHEET filed..(Higgs, Charles) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Charles A. Higgs to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): plaintiff or plaintiff's attorney information section of form not provided. 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. (vf) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Case Designated ECF. (vf) |
| 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Charles A. Higgs to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Section Error: Place an [X] in One Box Only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| Filing 4 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to PHH Mortgage Corporation, re: #1 Complaint,,. Document filed by Emily Duff..(Higgs, Charles) Modified on 8/3/2021 (vf). |
| Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Deutsche Bank National Trust Company as Trustee for Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2005-R10, re: #1 Complaint,,. Document filed by Emily Duff..(Higgs, Charles) Modified on 8/3/2021 (vf). |
| Filing 2 FILING ERROR - DEFICIENT CIVIL COVER SHEET - CIVIL COVER SHEET filed..(Higgs, Charles) Modified on 8/3/2021 (vf). |
| Filing 1 COMPLAINT against Deutsche Bank National Trust Company as Trustee for Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2005-R10, PHH Mortgage Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-24876482)Document filed by Emily Duff. (Attachments: #1 Exhibit A: 2009 Foreclosure S & C, #2 Exhibit B: Order Dismissing 2009 Foreclosure, #3 Exhibit C: Order Dismissing 2012 Foreclosure, #4 Exhibit D: 2015 Foreclosure S & C, #5 Exhibit E: Order Dismissing 2015 Foreclosure, #6 Exhibit F: Order Denying Motion to Vacate, #7 Exhibit G: 2020 Foreclosure S & C).(Higgs, Charles) |
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| Plaintiff: Emily Duff | |
| Represented By: | Charles A. Higgs |
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| Defendant: Deutsche Bank National Trust Company as Trustee for Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2005-R10 | |
| Represented By: | Lauren Valle |
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| Defendant: PHH Mortgage Corporation | |
| Represented By: | Lauren Valle |
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