Windard Bora LLC v. Sotomayor et al
| WINDWARD BORA, LLC and Windward Bora LLC |
| John Sotomayor, Alexandria Loaiza, American Express Centurion Bank, Midland Funding LLC d/b/a in New York as Midland Funding of Delaware LLC, Capital One Bank (USA), N.A., John Doe, Jane Doe and Midland Funding LLC doing business as In New York as Midland Funding of Delaware, LLC |
| 7:2021cv07161 |
| August 25, 2021 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Real Property: Foreclosure |
| 15 U.S.C. § 294 |
| None |
Docket Report
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This docket was last retrieved on March 20, 2023. A more recent docket listing may be available from PACER.
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Minute Entry for proceedings held before Judge Cathy Seibel: Initial Conference held on 10/14/2021. Plaintiff's counsel Seth Weinberg, Esq. appears telephonically. Defendants' counsel Steven Amshen, Esq. appears telephonically. Law Clerk Jennifer Butwin appears telephonically. The Court deems Plaintiff's September 20, 2021 as a Motion. By November 8, 2021, the parties are directed to request documents from each other to bring. By November 15, 2021, the parties are directed to exchange exhibits and also send hard copies of the exhibits to chambers. The Court will hold an evidentiary hearing on November 22, 2021 at 9:30 a.m. at Courtroom TBD. See transcript. (Evidentiary Hearing set for 11/22/2021 at 09:30 AM before Judge Cathy Seibel). (Court Reporter Tabitha Dente) (wc)
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Filing 40
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Windward Bora LLC. (Attachments: #1 Proposed Clerk's Certificate, #2 Affirmation in Support, #3 Ex A - Affidavit of Service).(Weinberg, Seth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/13/2021 (km).
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Filing 39
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Windward Bora LLC. (Attachments: #1 Proposed Clerk's Certificate Clerk's Certificate Judgment, #2 Affirmation In Support, #3 Ex A - Affidavit of Service).(Weinberg, Seth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/13/2021 (km).
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Filing 38
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Windward Bora LLC. (Attachments: #1 Proposed Clerk's Certificate Judgment, #2 Affirmation In Support, #3 Ex A - Affidavit of Service).(Weinberg, Seth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/13/2021 (km).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Seth Weinberg. RE-FILE Document No. #40 Proposed Clerk's Certificate of Default #38 Proposed Clerk's Certificate of Default #39 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the name of the person who accepted service of the summons and complaint. The documents are not filed properly. Please refer to ECF Rule 16.1. (km)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Seth Weinberg. RE-FILE Document No. #35 Proposed Clerk's Certificate of Default #36 Proposed Clerk's Certificate of Default #37 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The clerk's certificates are not as to form. Please use the sample clerk's certificate that is on our website under forms. The documents are not filed correctly, please refer to ECF Rule 16.1. (km)
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Filing 37
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Windward Bora LLC. (Attachments: #1 Affirmation in Support, #2 Ex A - Affidavit of Service, #3 Proposed Certificate).(Weinberg, Seth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/12/2021 (km).
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Filing 36
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Windward Bora LLC. (Attachments: #1 Affirmation In Support of Certificate of Default, #2 Ex A - Affidavit of Service, #3 Proposed Certificate).(Weinberg, Seth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/12/2021 (km).
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Filing 35
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Windward Bora LLC. (Attachments: #1 Affirmation In Support of Certificate of Default, #2 Ex A - Affidavit of Service, #3 Proposed Certificate).(Weinberg, Seth) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/12/2021 (km).
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Filing 34
LETTER addressed to Judge Cathy Seibel from Seth D. Weinberg dated October 5, 2021 re: Plaintiffs Position Concerning Alleged Hardship. Document filed by Windward Bora LLC. (Attachments: #1 Ex A - Amended Covid Act, #2 Ex B - State Foreclosure Docket, #3 Ex C - State Order Concerning Hardship).(Weinberg, Seth)
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Filing 33
ANSWER to #19 Counterclaim. Document filed by Windward Bora LLC..(Weinberg, Seth)
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Filing 32
LETTER RESPONSE to Motion addressed to Judge Cathy Seibel from John Sotomayor dated October 4, 2021 re: #27 LETTER MOTION for Conference re: #25 Notice (Other) Hearing Concerning Alleged Hardship Asserted by Defendant John Sotomayor addressed to Judge Cathy Seibel from Seth D. Weinberg, Esq. dated September 20, 2021. . Document filed by Alexandria Loaiza, John Sotomayor..(Amshen, Steven)
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Filing 31
AFFIDAVIT OF SERVICE of Notice of Initial Court Conference served on All Defendants on 9/9/2021. Service was made by MAIL. Document filed by Windward Bora LLC..(Weinberg, Seth)
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Filing 30
PARTIAL NOTICE OF DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff Windward Bora, LLC and/or their counsel, hereby give notice that the above captioned action is voluntarily dismissed as to the defendants "John Doe" and "Jane Doe." SO ORDERED. Jane Doe and John Doe terminated. (Signed by Judge Cathy Seibel on 9/23/2021) (kv)
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Filing 29
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, against the defendant(s) Jane Doe, John Doe. Document filed by Windward Bora LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Weinberg, Seth)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #29 Notice of Voluntary Dismissal, was reviewed and referred to Judge Cathy Seibel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt)
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Filing 28
ORDER granting #27 Letter Motion for Conference re: #27 : The proposed hearing will be discussed at the already scheduled 10/14/21 conference. Plaintiff shall state his position, by letter of no more than 3 pages, by 10/7/21. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 27
LETTER MOTION for Conference re: #25 Notice (Other) Hearing Concerning Alleged Hardship Asserted by Defendant John Sotomayor addressed to Judge Cathy Seibel from Seth D. Weinberg, Esq. dated September 20, 2021. Document filed by Windward Bora LLC. (Attachments: #1 Ex A - Covid Act, #2 Ex B - Revised Covid Act, #3 Ex C - Hardship Declaration).(Weinberg, Seth)
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Filing 26
SUMMONS RETURNED EXECUTED. Capital One Bank (USA), N.A. served on 8/26/2021, answer due 9/16/2021. Document filed by Windward Bora LLC..(Weinberg, Seth)
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Filing 25
NOTICE of MORTGAGORS DECLARATION OF COVID-19-RELATED HARDSHIP. Document filed by John Sotomayor..(Amshen, Steven)
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Filing 24
SUMMONS RETURNED EXECUTED. Midland Funding LLC served on 9/7/2021, answer due 9/28/2021. Document filed by Windward Bora LLC..(Weinberg, Seth)
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Filing 23
SUMMONS RETURNED EXECUTED. American Express Centurion Bank served on 9/7/2021, answer due 9/28/2021. Document filed by Windward Bora LLC..(Weinberg, Seth)
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Filing 22
SUMMONS RETURNED EXECUTED. Alexandria Loaiza served on 9/8/2021, answer due 9/29/2021. Service was accepted by Alexandria Loaiza. Document filed by Windward Bora LLC..(Weinberg, Seth)
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Filing 21
SUMMONS RETURNED EXECUTED. John Sotomayor served on 9/8/2021, answer due 9/29/2021. Service was accepted by Alexandira Loaiza. Document filed by Windward Bora LLC..(Weinberg, Seth)
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Filing 20
NOTICE OF INITIAL COURT CONFERENCE: Counsel for all parties herein shall appear in a conference for the purpose of case management and scheduling pursuant to Fed. R. Civ. P. 16 on October 14, 2021 at 4:15 p.m. (via telephone). Pursuant to Judge Seibel's Emergency Individual Rules and Practices in light of COVID-19, last revised on July 29, 2021, the parties are directed to attend by phone using the following information: Toll-Free Tele-conference number: (877) 336 1839 to call in and enter access code: 1047966#. The parties should call in from a landline phone (if possible), announce their last name(s) before addressing the Court at any time during the call, and mute their lines (pressing *6 on phone) when not speaking. Initial Conference set for 10/14/2021 at 04:15 PM before Judge Cathy Seibel. Telephone Conference set for 10/14/2021 at 04:15 PM before Judge Cathy Seibel..(kv)
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Filing 19
ANSWER to #1 Complaint,,., COUNTERCLAIM against Windward Bora LLC. Document filed by Alexandria Loaiza, John Sotomayor..(Amshen, Steven)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Capital One Bank (USA), N.A.. (vf)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Midland Funding LLC. (vf)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to American Express Centurion Bank. (vf)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Alexandria Loaiza. (vf)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to John Sotomayor. (vf)
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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)
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Magistrate Judge Judith C. McCarthy 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)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rafi Hasbani. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rafi Hasbani . The party information for the following party/parties has been modified: WINDWARD BORA, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rafi Hasbani to RE-FILE Document No. #10 Request for Issuance of Summons, #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. 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)
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Case Designated ECF. (vf)
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Filing 13
NOTICE OF APPEARANCE by Seth Daniel Weinberg on behalf of WINDWARD BORA, LLC..(Weinberg, Seth)
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Filing 12
NOTICE of Certificate of Merit re: #1 Complaint,,. Document filed by WINDWARD BORA, LLC..(Hasbani, Rafi)
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Filing 11
NOTICE of NOTICE OF PENDENCY re: #1 Complaint,,. Document filed by WINDWARD BORA, LLC..(Hasbani, Rafi)
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Filing 10
FILING ERROR - DEFICIENT- SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Jane Doe, re: #1 Complaint,,. Document filed by WINDWARD BORA, LLC..(Hasbani, Rafi) Modified on 8/26/2021 (vf).
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Filing 9
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to John Doe, re: #1 Complaint,,. Document filed by WINDWARD BORA, LLC..(Hasbani, Rafi) Modified on 8/26/2021 (vf).
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Capital One Bank (USA), N.A., re: #1 Complaint,,. Document filed by WINDWARD BORA, LLC..(Hasbani, Rafi)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Midland Funding LLC, re: #1 Complaint,,. Document filed by WINDWARD BORA, LLC..(Hasbani, Rafi)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to American Express Centurion Bank, re: #1 Complaint,,. Document filed by WINDWARD BORA, LLC..(Hasbani, Rafi)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Alexandria Loaiza, re: #1 Complaint,,. Document filed by WINDWARD BORA, LLC..(Hasbani, Rafi)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to John Sotomayor, re: #1 Complaint,,. Document filed by WINDWARD BORA, LLC..(Hasbani, Rafi)
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Filing 3
CIVIL COVER SHEET filed..(Hasbani, Rafi)
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Filing 2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by WINDWARD BORA, LLC..(Hasbani, Rafi)
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Filing 1
COMPLAINT against American Express Centurion Bank, Capital One Bank (USA), N.A., Jane Doe, John Doe, Alexandria Loaiza, Midland Funding LLC d/b/a in New York as Midland Funding of Delaware LLC, John Sotomayor. (Filing Fee $ 402.00, Receipt Number ANYSDC-24979146)Document filed by WINDWARD BORA, LLC. (Attachments: #1 Ex A - Schedule A, #2 Ex B - Note, #3 Ex C - Mortgage, #4 Ex D - American Express Judgment, #5 Ex E - Midland Funding Judgment, #6 Ex F - Capital One Judgment, #7 Ex G - Default Letter, #8 Ex H - 1304 Notices With 1306 Compliance, #9 Ex I - Covid 19 Declaration, #10 Help For Homeowners Notice, #11 RPAPL 1320 Notice).(Hasbani, Rafi)
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