Cardoso et al v. Wells Fargo Bank, N.A. et al
| Edward Cardoso and Jane Cardoso |
| Wells Fargo Bank, N.A., U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT and Wells Fargo Home Mortgage |
| 7:2021cv08189 |
| October 4, 2021 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 36
ORDER OF DISMISSAL: Accordingly, Plaintiff's case is dismissed without prejudice for failure to prosecute. (Signed by Judge Kenneth M. Karas on 12/14/2022) (ate)
|
|
Filing 35
LETTER addressed to Judge Kenneth M. Karas from Angela A. Smedley dated December 7, 2022. Document filed by Wells Fargo Bank, N.A...(Smedley, Angela)
|
|
Filing 34
ORDER TO SHOW CAUSE: Accordingly, it is hereby: ORDERED that Plaintiffs shall submit an amended complaint by no later than December 5, 2022, or this case may be dismissed with prejudice without further notice. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/21/2022) ( Amended Pleadings due by 12/5/2022.) (ks)
|
|
Filing 33
OPINION & ORDER. Defendant's Motion is granted. The Clerk of Court is directed to terminate the pending motion. (See Dkt. No. 22.) Because this is the first adjudication of Plaintiffs' claims on the merits, the dismissal is without prejudice. To the extent Plaintiffs have a good faith basis for filing an amended complaint, they must do so within 30 days of the date of this Opinion & Order. If Plaintiffs fail to abide by the 30-day deadline, this Action may be dismissed with prejudice. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/20/22) (yv)
|
|
Filing 32
REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). . Document filed by Wells Fargo Bank, N.A...(Smedley, Angela)
|
|
Filing 31
MEMORANDUM OF LAW in Opposition re: #22 MOTION to Dismiss Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). . Document filed by Edward Cardoso, Jane Cardoso. (Attachments: #1 Complaint).(Cowle, Rick)
|
|
Filing 30
STIPULATION OF DISMISSAL: Plaintiffs, Edward Cardoso and Jane Cardoso and Defendant U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The RMAC Trust, Series 2016-CTT (US Bank) hereby stipulate under Federal Rule of Civil Procedure 41(a)(l)(ii) that this action be dismissed with prejudice as to all claims, and causes of action against US Bank only with each party bearing that party's own attorney's fees and costs. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/9/2022) (kv)
|
|
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #29 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Kenneth M. Karas 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. (tp)
|
|
Filing 29
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Edward Cardoso, Jane Cardoso. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Cowle, Rick)
|
|
Filing 28
ORDER granting #27 Letter Motion to Reopen Case. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 1/12/22) (yv)
|
|
Filing 27
LETTER MOTION to Reopen Case addressed to Judge Kenneth M. Karas from Rick S. Cowle, Esq. dated January 12, 2022. Document filed by Edward Cardoso, Jane Cardoso. (Attachments: #1 Order of Dismissal).(Cowle, Rick)
|
|
Filing 26
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within sixty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same sixty day period to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. So Ordered. (Signed by Judge Kenneth M. Karas on 1/12/22) (yv)
|
|
Filing 25
ORDER granting #24 Letter Motion for Extension of Time. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 1/11/22) (yv)
|
|
Set/Reset Deadlines: Responses due by 2/15/2022. Replies due by 3/1/2022. (yv)
|
|
Filing 24
LETTER MOTION for Extension of Time re: US Bank's Motion to Dismiss addressed to Judge Kenneth M. Karas from Rick S. Cowle, Esq. dated January 11, 2022. Document filed by Edward Cardoso, Jane Cardoso..(Cowle, Rick)
|
|
Filing 23
MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). . Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A - Plaintiffs' Complaint).(Smedley, Angela)
|
|
Filing 22
MOTION to Dismiss Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Document filed by Wells Fargo Bank, N.A...(Smedley, Angela)
|
|
Filing 21
DECLARATION of John E. Brigandi, Esq. in Support re: #19 MOTION to Dismiss .. Document filed by U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Brigandi, John)
|
|
Filing 20
MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss . . Document filed by U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT..(Brigandi, John)
|
|
Filing 19
MOTION to Dismiss . Document filed by U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT. (Attachments: #1 Text of Proposed Order).(Brigandi, John)
|
|
Filing 18
ORDER terminating #16 Letter Motion for Conference re: #16 LETTER MOTION for Conference on Wells Fargo's proposed motion to dismiss Plaintiffs' Complaint, addressed to Judge Kenneth M. Karas from Angela A. Smedley dated November 12, 2021. In light of Plaintiffs' failure to respond to Defendant Wells Fargo's request for a pre-motion conference, the Court adopts the following briefing schedule for Defendant Wells Fargo's anticipated motion to dismiss. Defendant Wells Fargo shall file its motion to dismiss by no later than January 10, 2022. Plaintiffs shall file their response by no later than February 10, 2022. Defendant Wells Fargo shall file its reply by no later than February 24, 2022. The Clerk of Court is respectfully directed to terminate the pending motion at Dkt. No. 16. So Ordered. (Signed by Judge Kenneth M. Karas on 12/1/21) (yv)
|
|
Set/Reset Deadlines: Motions due by 1/10/2022. Responses due by 2/10/2022. Replies due by 2/24/2022. (yv)
|
|
Filing 17
MOTION to Dismiss . Document filed by U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT. Responses due by 1/15/2022 (Attachments: #1 memorandum of law, #2 Declaration of John E. Brigandi, Esq., #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Text of Proposed Order).(Brigandi, John)
|
|
Filing 16
LETTER MOTION for Conference on Wells Fargo's proposed motion to dismiss Plaintiffs' Complaint, addressed to Judge Kenneth M. Karas from Angela A. Smedley dated November 12, 2021. Document filed by Wells Fargo Bank, N.A...(Smedley, Angela)
|
|
Filing 15
MOTION SCHEDULING ORDER: The Court adopts the following briefing schedule: Defendant U.S. Bank National Association shall file its motion to dismiss the Complaint by no later than December 15, 2021. Plaintiffs shall file their response by no later than January 15, 2022. Defendant U.S. Bank National Association shall file its reply by no later than January 29, 2022. The Parties are also reminded that there is a strict page limit of 25 pages for opening briefs and 10 pages for replies, which will be extended only in extreme circumstances. If oral argument is requested, it may be scheduled by the Court. Please wait to hear from the Court to schedule argument. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/9/2021) Motions due by 12/15/2021. Responses due by 1/15/2022 Replies due by 1/29/2022. (ks)
|
|
Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 11/9/2021. Rick Cowle appeared on behalf of Plaintiffs. John Brigandi appeared on behalf of Defendant U.S. Bank National Association. Sean Anderson appeared on behalf of Defendant Wells Fargo Bank, N.A. No court reporter served. The Court adopted a briefing schedule. See Order. Defendant U.S. Bank National Association shall file its motion to dismiss the Complaint by no later than December 15, 2021. Plaintiffs shall file their response by no later than January 15, 2022. Defendant U.S. Bank National Association shall file its reply by no later than January 29, 2022.(SB)
|
|
Filing 14
NOTICE OF TELECONFERENCE INFORMATION: For the week of November 8, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/5/2021) (tg)
|
|
Filing 13
MEMO ENDORSED ORDER on re: #12 Letter Replying to US Bank's Letter Motion Requesting Pre-Motion Conference for Proposed Motion to Dismiss, filed by Jane Cardoso, Edward Cardoso granting #8 Letter Motion for Conference re: #8 LETTER MOTION for Conference on U.S. Bank's proposed motion to dismiss Plaintiffs' Complaint addressed to Judge Kenneth M. Karas from John E. Brigandi, Esq. dated October 8, 2021. ENDORSEMENT: The Court will hold a pre-motion conference via telephone on November 9, 2021 at 10:00 AM. So Ordered. ( Telephone Conference set for 11/9/2021 at 10:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 10/22/21) (yv) Modified on 10/22/2021 (yv).
|
|
Filing 12
LETTER addressed to Judge Kenneth M. Karas from Rick S. Cowle, Esq. dated October 14, 2021 re: Letter Replying to US Bank's Letter Motion Requesting Pre-Motion Conference for Proposed Motion to Dismiss. Document filed by Edward Cardoso, Jane Cardoso..(Cowle, Rick)
|
|
Filing 11
CONSENT TO REMOVAL: U.S. Bank National Association, not in its individual capacity but solely as Trustee for the RMAC Trust, Series 2016-CTT, by and through its attorneys and without waiving any of its defenses, hereby consents to removal of this action in accordance with 28 U.S.C. 1441, from the Supreme Court of the State of New York, County of Putnam, to the United States District Court for the Southern District of New York. SO ORDERED., U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT terminated. (Signed by Judge Kenneth M. Karas on 10/12/2021) (ama)
|
|
Filing 10
NOTICE OF APPEARANCE by Rick S. Cowle on behalf of Edward Cardoso, Jane Cardoso..(Cowle, Rick)
|
|
Filing 9
NOTICE of Defendant's consent to removal re: #1 Notice of Removal,. Document filed by U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT..(Brigandi, John)
|
|
Filing 8
LETTER MOTION for Conference on U.S. Bank's proposed motion to dismiss Plaintiffs' Complaint addressed to Judge Kenneth M. Karas from John E. Brigandi, Esq. dated October 8, 2021. Document filed by U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT..(Brigandi, John)
|
|
Filing 7
NOTICE OF APPEARANCE by John E. Brigandi on behalf of U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT..(Brigandi, John)
|
|
Filing 6
ORDER granting #5 Letter Motion for Extension of Time to File. Granted. SO ORDERED.. (Signed by Judge Kenneth M. Karas on 10/7/2021) (kv)
|
|
Set/Reset Deadlines: Wells Fargo Bank, N.A. answer due 11/12/2021. (kv)
|
|
Filing 5
CONSENT LETTER MOTION for Extension of Time to File Response to Plaintiffs' Complaint addressed to Judge Kenneth M. Karas from Defendant, Wells Fargo Bank, N.A. dated October 6, 2021. Document filed by Wells Fargo Bank, N.A...(Smedley, Angela)
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Angela Aziza Smedley. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); County code XX Out of State. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the County code has been modified to Putnam. (vf)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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)
|
|
Case Designated ECF. (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)
|
|
Filing 4
NOTICE OF APPEARANCE by Sean Ryan Anderson on behalf of Wells Fargo Bank, N.A...(Anderson, Sean)
|
|
Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A...(Smedley, Angela)
|
|
Filing 2
CIVIL COVER SHEET filed..(Smedley, Angela)
|
|
Filing 1
NOTICE OF REMOVAL from Supreme, County of Putnam. Case Number: 501212/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25149277).Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A - State Court documents).(Smedley, Angela)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
