4-Ten Realty, LLC v. Wells Fargo Bank, National Association
Plaintiff: 4-Ten Realty, LLC
Defendant: Wells Fargo Bank, National Association
Case Number: 7:2022cv00901
Filed: February 2, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Philip M Halpern
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1441 fr Petition for Removal- Fraud
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 13, 2022 Filing 17 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, without prejudice and without costs against the defendant(s) Wells Fargo Bank, National Association. Document filed by 4-Ten Realty, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Barnaby, Michael)
March 7, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Michael Barnaby. RE-FILE Document No. #16 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp)
March 6, 2022 Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - 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, without prejudice and without costs against the defendant(s) 4-Ten Realty, LLC. Document filed by 4-Ten Realty, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Barnaby, Michael) Modified on 3/7/2022 (tp).
March 4, 2022 Filing 15 FIRST LETTER addressed to Judge Philip M. Halpern from Michael Barnaby, Esq. dated 3/4/22 re: Respose to Judge Regarding Arbitration. Document filed by 4-Ten Realty, LLC..(Barnaby, Michael)
February 25, 2022 Opinion or Order Filing 14 ORDER granting #13 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/25/2022) (jca)
February 25, 2022 Filing 13 FIRST LETTER MOTION for Extension of Time to Confer and File Letter with Court addressed to Judge Philip M. Halpern from Michael Barnaby, Esq. dated 2/24/22. Document filed by 4-Ten Realty, LLC. Return Date set for 2/25/2022 at 11:59 PM..(Barnaby, Michael)
February 25, 2022 Set/Reset Deadlines: Responses due by 3/4/2022 (jca)
February 18, 2022 Opinion or Order Filing 12 ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 LETTER MOTION for Extension of Time to File Answer or otherwise respond to complaint addressed to Judge Philip M. Halpern from Steven S. Rand dated February 17, 2022., #1 Notice of Removal,. Application granted. Defendant's time to answer or otherwise respond to the complaint is stayed pending further Order of the Court. The parties are directed to meet and confer and advise the Court by letter by 2/25/2022 whether plaintiff consents to defendant's demand for arbitration. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/18/22) (yv)
February 17, 2022 Filing 11 LETTER MOTION for Extension of Time to File Answer or otherwise respond to complaint addressed to Judge Philip M. Halpern from Steven S. Rand dated February 17, 2022. Document filed by Wells Fargo Bank, National Association..(Rand, Steven)
February 17, 2022 Filing 10 MEMORANDUM OF LAW in Support re: #7 MOTION to Compel Arbitration . . Document filed by Wells Fargo Bank, National Association..(Rand, Steven)
February 17, 2022 Filing 9 DECLARATION of Steven S. Rand in Support re: #7 MOTION to Compel Arbitration .. Document filed by Wells Fargo Bank, National Association. (Attachments: #1 Exh. C Complaint, #2 Exh. D Letter motion dated 2/7/22, #3 Exh E. Order granting letter motion, #4 Exh. F AAA Demand for Arbitration).(Rand, Steven)
February 17, 2022 Filing 8 DECLARATION of Morris S. McDaniel in Support re: #7 MOTION to Compel Arbitration .. Document filed by Wells Fargo Bank, National Association. (Attachments: #1 Exh. A. Construction Loan Agreement, #2 Exh. B Bridge Construction Loan Agreement).(Rand, Steven)
February 17, 2022 Filing 7 MOTION to Compel Arbitration . Document filed by Wells Fargo Bank, National Association. (Attachments: #1 Certificate of service).(Rand, Steven)
February 8, 2022 Opinion or Order Filing 6 ORDER granting #5 Letter Motion for Extension of Time to Answer re #5 CONSENT LETTER MOTION for Extension of Time to File Answer or otherwise respond to plaintiff's complaint to February 23, 2022 addressed to Judge Philip M. Halpern from Steven S. Rand dated February 7, 2022., #1 Notice of Removal,. Application granted. Defendant's time to answer or otherwise respond to the complaint is extended to 2/23/2022. SO ORDERED. (Wells Fargo Bank, National Association answer due 2/23/2022._ (Signed by Judge Philip M. Halpern on 2/8/22) (yv)
February 7, 2022 Filing 5 CONSENT LETTER MOTION for Extension of Time to File Answer or otherwise respond to plaintiff's complaint to February 23, 2022 addressed to Judge Philip M. Halpern from Steven S. Rand dated February 7, 2022. Document filed by Wells Fargo Bank, National Association..(Rand, Steven)
February 3, 2022 Filing 4 NOTICE OF APPEARANCE by Steven Scott Rand on behalf of Wells Fargo Bank, National Association..(Rand, Steven)
February 3, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Park. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1441fr Petition for Removal- Fraud; Dollar Demand Blank. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332fr Diversity-Fraud; the Dollar Demand has been modified to 75,000. (vf)
February 3, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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)
February 3, 2022 Case Designated ECF. (vf)
February 3, 2022 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)
February 2, 2022 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company, Corporate Parent WFC Holdings, LLC for Wells Fargo Bank, National Association. Document filed by Wells Fargo Bank, National Association..(Park, Daniel)
February 2, 2022 Filing 2 CIVIL COVER SHEET filed..(Park, Daniel)
February 2, 2022 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Westchester. Case Number: 55430/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-25674746).Document filed by Wells Fargo Bank, National Association. (Attachments: #1 Exh. A Summons and complaint).(Park, Daniel)

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Plaintiff: 4-Ten Realty, LLC
Represented By: Michael Joseph Barnaby
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Defendant: Wells Fargo Bank, National Association
Represented By: Daniel Park
Represented By: Steven Scott Rand
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