Marrero v. U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3 et al
| Robert W Marrero |
| U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3, Citibank, N.A., Specialized Loan Services and Merscorp, Inc. |
| 7:2021cv11182 |
| December 30, 2021 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| None |
Docket Report
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This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.
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MAILING RECEIPT: Document No: 25. Mailed to: Robert W Marrero 71 South Madison Street Spring Valley, NY 10977 U.S.. (kh)
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Filing 25
CLERK'S JUDGMENT re: #24 Memorandum & Opinion in favor of Citibank, N.A., Merscorp, Inc., Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3 against Robert W Marrero. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 2, 2022, Defendants' motion to dismiss is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/6/2022) (Attachments: #1 Right to Appeal) (km)
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Filing 24
OPINION AND ORDER re: #14 MOTION to Dismiss Notice of Defendants' Motion to Dismiss filed by Specialized Loan Services, Citibank, N.A., Merscorp, Inc., U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3. The motion to dismiss is GRANTED. The Clerk is instructed to terminate the motion (Doc. #14) and close this case. Chambers will mail a copy of this Opinion and Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/2/2022) Copies Mailed By Chambers. (mml) Transmission to Orders and Judgments Clerk for processing.
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Filing 23
CERTIFICATE OF SERVICE of Reply Memorandum of Law In Further Support of Defendants' Motion To Dismiss served on ROBERT W. MARRERO on 04/01/2022. Service was made by Mail. Document filed by Citibank, N.A., Merscorp, Inc., Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3..(Yohay, David)
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Filing 22
REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss Notice of Defendants' Motion to Dismiss. Reply Memorandum of Law In Further Support of Defendants' Motion To Dismiss. Document filed by Citibank, N.A., Merscorp, Inc., Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3..(Yohay, David)
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Filing 21
PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS, re: #14 MOTION to Dismiss Notice of Defendants' Motion to Dismiss. Document filed by Robert W Marrero. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(sc)
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Filing 20
MEMO ENDORSEMENT on re: #19 Letter,, filed by Robert W Marrero. ENDORSEMENT: Plaintiff's time to file an opposition to the motion to dismiss is extended to 3/18/2022. Defendant's time to file its reply to plaintiff's opposition is extended to 4/1/2022. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Responses due by 3/18/2022, Replies due by 4/1/2022.) (Signed by Judge Vincent L. Briccetti on 3/11/2022) Copies Mailed By Chambers. (mml)
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Filing 19
LETTER addressed to Judge Vincent L. Briccetti from Robert W. Marrero, dated 3/9/22 re: It is requested that the Court grant the plaintiff an extension to submit an opposition to defendants' Motion to Dismiss on 3/18/22 in consideration of the foregoing, which docket may require a date correction. Based on the foregoing, if the defendants do not respond to my request for an extension within short notice, I respectfully request an extension of time to submit opposition papers. Document filed by Robert W Marrero.(sc) Modified on 3/11/2022 (sc).
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Filing 18
MEMORANDUM OPINION AND ORDER: Plaintiff's motion to remand this case to Supreme Court, Rockland County, is DENIED. Defendants' pending motion to dismiss will be decided in due course. Plaintiff shall have until March 11, 2022, to file an opposition to the motion to dismiss or seek an extension of time to do so. Defendants shall have until March 25, 2022, to file a reply. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/22/2022) Copies Mailed By Chambers. (mml)
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Set/Reset Deadlines: Responses due by 3/11/2022 Replies due by 3/25/2022. (mml)
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Filing 17
AFFIDAVIT OF SERVICE of Notice of Defendants Motion to Dismiss, Memorandum of Law and Attorney Declaration with Exhibits served on ROBERT W. MARRERO on 02/07/2022. Service was made by Mail. Document filed by Citibank, N.A., Merscorp, Inc., Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3..(Yohay, David)
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Filing 16
DECLARATION of David Yohay in Support re: #14 MOTION to Dismiss Notice of Defendants' Motion to Dismiss.. Document filed by Citibank, N.A., Merscorp, Inc., Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3. (Attachments: #1 Exhibit A - Note, #2 Exhibit B - Mortgage, #3 Exhibit C - Assignments of Mortgage, #4 Exhibit D - Commencement Documents for Foreclosure Action, #5 Exhibit E - Referee's Report, #6 Exhibit F - Part 1 -Commencement Documents for Subsequent Foreclosure Action, #7 Exhibit F - Part 2 -Commencement Documents for Subsequent Foreclosure Action, #8 Exhibit F - Part 3 -Commencement Documents for Subsequent Foreclosure Action, #9 Exhibit F - Part 4 -Commencement Documents for Subsequent Foreclosure Action, #10 Exhibit G - Supreme Court's OTSC of 01-14-22, #11 Exhibit H - Unpublished Authorities).(Yohay, David)
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Filing 15
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss Notice of Defendants' Motion to Dismiss. Memorandum of Law in Support of Defendants' Motion to Dismiss. Document filed by Citibank, N.A., Merscorp, Inc., Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3..(Yohay, David)
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Filing 14
MOTION to Dismiss Notice of Defendants' Motion to Dismiss. Document filed by Citibank, N.A., Merscorp, Inc., Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3..(Yohay, David)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Yohay to RE-FILE Document #13 MOTION to Dismiss Notice of Defendants' Motion to Dismiss.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Proposed Order(s) and/or Certificate of Service(s) can be filed with the Motion. (kj)
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Filing 13
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Notice of Defendants' Motion to Dismiss. Document filed by Citibank, N.A., Merscorp, Inc., Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3. (Attachments: #1 Memorandum of Law, #2 Declaration of David S. Yohay in Support of Defendants' Motion to Dismiss, #3 Exhibit A- Note, #4 Exhibit B- Mortgage, #5 Exhibit C- Assignments of Mortgage, #6 Exhibit D- Commencement Documents for Foreclosure Action, #7 Exhibit E- Referee's Report, #8 Exhibit F- Part 1 -Commencement Documents for Subsequent Foreclosure Action, #9 Exhibit F- Part 2 -Commencement Documents for Subsequent Foreclosure Action, #10 Exhibit F- Part 3 -Commencement Documents for Subsequent Foreclosure Action, #11 Exhibit F- Part 4 -Commencement Documents for Subsequent Foreclosure Action, #12 Exhibit G- Supreme Court's OTSC of 01-14-22, #13 Exhibit H- Unpublished Authorities, #14 Affirmation of Service).(Yohay, David) Modified on 2/18/2022 (kj).
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Filing 12
LETTER addressed to Judge Vincent L. Briccetti from R. Marrero, dated 1/20/22 re: Plaintiff submits herein Reply papers relevant to the issues of service, diversity jurisdiction, and following procedural rules etc. For the foregoing reasons (as indicated), the plaintiff requests that the matter be remanded to the Supreme Court in its original jurisdiction. Document filed by Robert W Marrero.(sc)
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Filing 11
LETTER RESPONSE in Opposition to Motion addressed to Judge Vincent L. Briccetti from David S. Yohay, Esq. dated 01/13/2022 re: #7 LETTER MOTION for Extension of Time to File Answer Motion for Extension of Time to Respond to Complaint addressed to Judge Vincent L. Briccetti from David S. Yohay, Esq. dated 01/05/2022. Opposition to Plaintiff's Letter-Motion to Remand--re: ECF NO. 8. Document filed by Citibank, N.A., Merscorp, Inc., Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3. (Attachments: #1 Exhibit Exhibit A - AOS and Mailing Label, #2 Exhibit Exhibit B - Shipping Label, Proof of Delivery and State Court Docket, #3 Exhibit Exhibit C - OCC National Banks List).(Yohay, David)
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Filing 10
LETTER addressed to Judge Vincent L. Briccetti from R. Marrero, dated 1/13/22 re: Defendants' Notice of Appearance (Doc. #6) indicates that Citibank consents to the removal of this action by defendant Specialized Loan Servicing. There is ambiguity as to one of the defendants consenting to remove this action or to remove Specialized Loan Servicing. Please advise if any other defendant is required to file responsive reply papers due today by plaintiff. Document filed by Robert W Marrero.(sc)
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Filing 9
ORDER granting #7 LETTER MOTION for Extension of Time to File Answer Motion for Extension of Time to Respond to Complaint addressed to Judge Vincent L. Briccetti from David S. Yohay, Esq. dated 01/05/2022. The Court liberally construes plaintiffs letter dated January 5, 2022 (Doc. #8), as a motion to remand this case to Supreme Court, Rockland County. By no later than January 13, 2022, defendant Specialized Loan Services LLC shall respond by letter, not to exceed three pages in length, to the motion to remand. By January 20, 2022, plaintiff may, if he wishes to do so, file a reply to defendant's response. By letter dated January 5, 2022, defendants request an extension of time from January 6, 2022, see Fed. R. Civ. P. 81(c)(2)(C), to February 7, 2022, to answer, move, or otherwise respond to the complaint. (Doc. #7). That request is granted. The Clerk shall terminate the letter-motion. (Doc. #7). Chambers shall mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. Citibank, N.A. answer due 2/7/2022; Merscorp, Inc. answer due 2/7/2022; Specialized Loan Services answer due 2/7/2022; U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3 answer due 2/7/2022. (Signed by Judge Vincent L. Briccetti on 1/6/2022) Copies Mailed By Chambers. (mml)
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Filing 8
LETTER addressed to Judge Vincent L. Briccetti from R. Marrero, dated 1/5/22 re: It is with audacity that defendants seek to move the instant action to the Southern District to avert the action being settled in the proper jurisdiction. In the instant motion, Defendants' attorney failed to follow procedural rules for motion practice in the Rockland County Supreme Court by failing to Request Judicial Intervention and serving defective notice papers. Moreover, defendants are in default for failing to file a timely Answer and failing to timely request an extension to file an Answer etc. In effect, defendants filed a motion in the Southern District Court without ever filing for such relief in the Supreme Court, which is procedurally defective etc. Document filed by Robert W Marrero.(sc)
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Filing 7
LETTER MOTION for Extension of Time to File Answer Motion for Extension of Time to Respond to Complaint addressed to Judge Vincent L. Briccetti from David S. Yohay, Esq. dated 01/05/2022. Document filed by Citibank, N.A...(Yohay, David)
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Filing 6
NOTICE OF APPEARANCE by David Seth Yohay on behalf of Citibank, N.A.. (Attachments: #1 Affidavit Affirmation of Service).(Yohay, David)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3; Corporate Parent Computershare Holdings Inc. for Specialized Loan Services; Corporate Parent Intercontinental Exchange, Inc. for Merscorp, Inc.. Document filed by Merscorp, Inc., Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3..(Yohay, David)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Seth Yohay to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement,,. ERROR(S): Not all Corporate Parents were 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. (lb)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Seth Yohay. The party information for the following party/parties has been modified: Specialized Loan Services. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (gp)
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Case Designated ECF. (gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(gp)
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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. (gp)
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Filing 3
FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3. Document filed by Merscorp, Inc., Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3..(Yohay, David) Modified on 1/3/2022 (lb).
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Filing 2
CIVIL COVER SHEET filed..(Yohay, David)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of Rockland. Case Number: SU-2021-000799. (Filing Fee $ 402.00, Receipt Number ANYSDC-25525257).Document filed by Specialized Loan Services, U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3, Merscorp, Inc.. (Attachments: #1 Exhibit Exhibit A - Summons and Complaint, #2 Exhibit Exhibit B - State Court Docket).(Yohay, David)
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| Plaintiff: Robert W Marrero | |
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| Defendant: U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates, Series 2006-HE3 | |
| Represented By: | David Seth Yohay |
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| Defendant: Citibank, N.A. | |
| Represented By: | David Seth Yohay |
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| Defendant: Specialized Loan Services | |
| Represented By: | David Seth Yohay |
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| Represented By: | David Seth Yohay |
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