Bacote-Wood v. Yonkers Kia
| Deborah Bacote-Wood |
| Yonkers Kia |
| 7:2022cv10970 |
| December 29, 2022 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Truth in Lending |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 12
ORDER denying without prejudice #11 Motion for Default Judgment: Per my Individual Practices, default judgments must be sought by Order to Show Cause. Plaintiff shall submit a proposed Order to Show Cause (with blanks for dates), which the Court will complete and which Plaintiff can then serve on Defendant. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 11 MOTION for Default Judgment as to . Document filed by Deborah Bacote-Wood. (Attachments: #1 Affidavit Affirmation in support of default judgment, #2 Exhibit Exhibit "A" Legal bill, #3 Exhibit Exhibit"B" Wolff Affidavit, #4 Exhibit Exhibit "C" Report and Recommendation of Magistrate Judge Bloom, #5 Exhibit Exhibit"D" Settlement Agreement with Victory Mitsubishi, #6 Exhibit Exhibit 'E" Settlement Agreement with 26 Motors, #7 Supplement A memorandum of Law in support of default motion, #8 Affidavit Affirmation of mailing).(Kasell, David) |
| Filing 10 CLERK'S CERTIFICATE OF DEFAULT as to Yonkers Kia.(km) |
| Filing 9 AFFIRMATION of David Kasell in Support. Document filed by Deborah Bacote-Wood. (Attachments: #1 Exhibit Request for entry of default).(Kasell, David) |
| Filing 8 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Deborah Bacote-Wood. (Attachments: #1 Exhibit Request for entry of default).(Kasell, David) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/15/2023 (km). |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Deborah Bacote-Wood..(Kasell, David) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/15/2023 (km). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney David Kasell to RE-FILE Document #8 Proposed Clerk's Certificate of Default. Use the event type found under the event list Other Answers, Affirmation i support of a non -motion. The request to enter default can be filed as an attachment. (km) |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Deborah Bacote-Wood. (Attachments: #1 Exhibit Request for entry of default, #2 Affidavit attorey aff).(Kasell, David) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/8/2023 (tp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney David Kasell. RE-FILE Document No. #6 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): (1) the proposed clerk's certificate of default does not list the filed date of the complaint; (2) the proposed clerk's certificate of default does not list the name(s) for the party(ies) who was/were served; (3) the proposed clerk's certificate of default does not list the date the party(ies) was/were served; (4) the proposed clerk's certificate of default does not list the filed date of the proof of service; (5) the documents were not filed separately. Refer to ECF Rule 16.1 and check the USDC-SDNY website for a sample of the Clerk's Certificate of Default. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - File the affidavit separately and attach any and all supporting documents - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp) |
| Filing 5 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Yonkers Kia served on 1/14/2023, answer due 2/6/2023. Service was accepted by Mike Romano, Authorized Agent. Document filed by Deborah Bacote-Wood..(Kasell, David) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Yonkers Kia. (vf) |
| Filing 3 CIVIL COVER SHEET filed..(Kasell, David) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Yonkers Kia, re: #1 Complaint,. Document filed by Deborah Bacote-Wood..(Kasell, David) |
| Filing 1 COMPLAINT against Yonkers Kia. (Filing Fee $ 402.00, Receipt Number ANYSDC-27145880)Document filed by Deborah Bacote-Wood. (Attachments: #1 Exhibit Ex. A Lease, #2 Exhibit Ex. B RISC, #3 Exhibit Ex. C Tire and Wheel, #4 Exhibit Ex. D Maintenance svc contract, #5 Exhibit Ex. E Dent and Ding PDR, #6 Exhibit Ex. F Key replacement).(Kasell, David) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney David Michael Kasell. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Michael Kasell. The following case opening statistical information was erroneously selected/entered: Arbitration code m (Mandatory); County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to Bronx; the Fee Status code has been modified to pd (paid). (vf) |
| Case Designated ECF. (vf) |
| 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) |
| 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 TO FILE CIVIL INITIAL PLEADING. Notice to Attorney David Michael Kasell to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 1/4/2023. (vf) |
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| Plaintiff: Deborah Bacote-Wood | |
| Represented By: | David Michael Kasell |
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| Defendant: Yonkers Kia | |
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