Futia v. Roberts et al
| Anthony J. Futia, Jr. |
| Raymond Roberts, Douglas O'Donnell, Bank of Greene County, Timothy C. Idoni, Kilolo Kijakazi and Chase Bank |
| 7:2023cv01774 |
| March 1, 2023 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Civil Rights: Other |
| 42 U.S.C. § 1932 bv Bivens Non-Prisoner |
| None |
Docket Report
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This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.
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Filing 33
ORDER: Accordingly, plaintiff's motion to remand, styled as a Jurisdiction Challenge, is DENIED. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444--45 (1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Senior District Judge Vincent L. Briccetti on 4/25/2023) Copies mailed by Chambers. (ks)
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Filing 32
REPLY TO MEMORANDUM FOR MOTION TO DISMISS(RESPONSE to Motion re: #5 MOTION to Dismiss Case as Frivolous ). Document filed by Anthony J. Futia, Jr. (sc)
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Filing 31
CERTIFICATE OF SERVICE of Motion to Dismiss served on Anthony J. Futia, Jr. on April 13, 2023. Service was made by MAIL. Document filed by Chase Bank..(Padernacht, Daniel)
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Filing 30
FIRST MEMORANDUM OF LAW in Support re: #28 FIRST MOTION to Dismiss . . Document filed by Chase Bank..(Padernacht, Daniel)
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Filing 29
DECLARATION of Daniel Padernacht, Esq. in Support re: #28 FIRST MOTION to Dismiss .. Document filed by Chase Bank..(Padernacht, Daniel)
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Filing 28
FIRST MOTION to Dismiss . Document filed by Chase Bank. Responses due by 5/15/2023 Return Date set for 6/1/2023 at 09:30 AM..(Padernacht, Daniel)
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Filing 27
MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b). . Document filed by Timothy C. Idoni..(Inzero, Christopher)
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Filing 26
DECLARATION of Christopher Jude Inzero, Sr. Asst. County Attorney in Support re: #22 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b).. Document filed by Timothy C. Idoni. (Attachments: #1 Exhibit Ex. A - Filed Notice of Tax Lien, #2 Exhibit Ex. B - Affidavit of Mailing Summons & Complaint on Plaintiff's Behalf to Westchester County Clerk, #3 Exhibit Ex. C - Print Screen from Westchester County Clerk "Westchester Records Online" Document Portal, #4 Exhibit Ex. D - Print Screen from NY State Courts Electronic Filing System, #5 Exhibit Ex. E - Copy of IRS Rev. Rule 71-466; 1971-2 C.B. 409).(Inzero, Christopher)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Christopher Inzero to RE-FILE Document #24 MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b).. Use the event type Replies, Opposition and Supporting Documents found under the event list Memorandum of Law in Support to Motion. (kj)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Christopher Inzero to RE-FILE Document #23 MOTION to Dismiss Declaration of Christopher Jude Inzero.. Use the event type Replies, Opposition and Supporting Documents found under the event list Declaration In Support of Motion. (kj)
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Filing 25
NOTICE of Notice to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings. Document filed by Timothy C. Idoni. (Attachments: #1 Affidavit Affidavit of Service of Motion to Dismiss).(Inzero, Christopher)
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Filing 24
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b). Document filed by Timothy C. Idoni..(Inzero, Christopher) Modified on 4/13/2023 (kj).
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Filing 23
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Declaration of Christopher Jude Inzero. Document filed by Timothy C. Idoni. (Attachments: #1 Exhibit Ex. A - Filed Notice of Tax Lien, #2 Exhibit Ex. B - Affidavit of Mailing Summons & Complaint on Plaintiff's Behalf to Westchester County Clerk, #3 Exhibit Ex. C - Print Screen from Westchester County Clerk "Westchester Records Online" Document Portal, #4 Exhibit Ex. D - Print Screen from NY State Courts Electronic Filing System, #5 Exhibit Ex. E - Copy of IRS Rev. Rule 71-466; 1971-2 C.B. 409).(Inzero, Christopher) Modified on 4/13/2023 (kj).
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Filing 22
MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b). Document filed by Timothy C. Idoni. Responses due by 5/15/2023 Return Date set for 6/1/2023 at 11:59 PM..(Inzero, Christopher)
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Filing 21
LETTER addressed to Judge Vincent L. Briccetti from Mark Osmond re: Response to Plaintiff's March 29, 2023 letter (Dkt. No. 12). Document filed by Kilolo Kijakazi, Douglas O'Donnell, Raymond Roberts..(Osmond, Mark)
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Filing 20
ORDER granting in part and denying in part #18 Letter Motion for Conference re: #18 FIRST LETTER MOTION for Conference , or in the alternative, waiver of the Pre-motion Conference addressed to Magistrate Judge Andrew E. Krause from Daniel Padernacht, Esq. dated April 3, 2023. APPLICATION DENIED IN PART AND GRANTED IN PART: Defendant Chase's request for a pre-motion conference in contemplation of a motion to dismiss is DENIED. Defendant Chase's request to join in on the briefing schedule set for defendant Idoni's motion to dismiss is GRANTED. By 4/13/2023, Chase shall file its motion to dismiss. By 5/15/2023, plaintiff shall file a single response to both (i) Idoni's motion to dismiss, and (ii) Chase's motion to dismiss. By 6/1/2023, Chase shall file its reply, if any. The Clerk is directed to terminate the letter motion. (Doc. #18). 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 4/7/2023) Copies mailed by Chambers (ks)
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Mailed a Notice of Case Reassignment to Anthony J. Futia, Jr. 34 Custis Ave. North White Plains, NY 10603..(aea)
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Kenneth M. Karas is no longer assigned to the case. (aea)
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Filing 19
CERTIFICATE of Counsel by Daniel Arthur Padernacht on behalf of Chase Bank. Certificate of Service.(Padernacht, Daniel)
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Filing 18
FIRST LETTER MOTION for Conference , or in the alternative, waiver of the Pre-motion Conference addressed to Magistrate Judge Andrew E. Krause from Daniel Padernacht, Esq. dated April 3, 2023. Document filed by Chase Bank..(Padernacht, Daniel)
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Filing 17
NOTICE OF APPEARANCE by Daniel Arthur Padernacht on behalf of Chase Bank..(Padernacht, Daniel)
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***NOTICE REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. regarding Document No. #15 Proposed Default Judgment #16 Affidavit in Support. The filing is deficient for the following reason(s): The filing is premature. You need to obtain a clerk's certificate of default first. (km)
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Filing 16
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Anthony J. Futia, Jr. in Support re: #15 Proposed Default Judgment Document filed by Anthony J. Futia, Jr. (ok) Modified on 4/4/2023 (km).
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Filing 15
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(1). Document filed by Anthony J. Futia, Jr. (nb) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 4/4/2023 (km).
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Filing 14
REPLY TO DEFENDANT TIMOTHY C. IDONI'S ANSWER. Document filed by Anthony J. Futia, Jr. (ok)
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Filing 13
REPLY MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss Case as Frivolous . . Document filed by Kilolo Kijakazi, Douglas O'Donnell, Raymond Roberts..(Osmond, Mark)
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Filing 12
LETTER from Anthony J. Futia, Jr. dated 3/29/2023 re: CHALLENGING THE JURISDICTION OF FEDERAL COURT. Document filed by Anthony J. Futia, Jr. (ok)
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Filing 11
REPLY TO MOTION TO DISMISS re: #5 MOTION to Dismiss Case as Frivolous .. Document filed by Anthony J. Futia, Jr. (ok)
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Mailed a copy of #10 Order on Motion for Conference to Anthony J. Futia, Jr. at 34 Custis Ave., North White Plains, NY 10603. (kh)
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Filing 10
ORDER terminating #9 Letter Motion for Conference re: #9 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Christopher J. Inzero, Senior Assistant County dated March 13, 2023. Defense Motion to Dismiss is due 4/13/23. Plaintiff's response is due 5/15/23. Defense Reply is due 6/1 /23. The Clerk is to mail a copy of this document to Plaintiff. So Ordered. (Signed by Judge Kenneth M. Karas on 3/13/23) (yv)
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NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (aea)
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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. (aea)
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CASE ACCEPTED AS RELATED. Create association to 7:22-cv-06965-KMK. Notice of Assignment to follow. (aea)
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Set/Reset Deadlines: Motions due by 4/13/2023. Responses due by 5/15/2023. Replies due by 6/1/2023. (yv)
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Filing 9
LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Christopher J. Inzero, Senior Assistant County dated March 13, 2023. Document filed by Timothy C. Idoni. (Attachments: #1 Affidavit Affidavit of Service for Pre-Motion Conference Letter).(Inzero, Christopher)
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Filing 8
NOTICE OF APPEARANCE by Christopher Jude Inzero on behalf of Timothy C. Idoni. (Attachments: #1 Affidavit Affidavit of Service for Notice of Appearance).(Inzero, Christopher)
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Filing 7
AFFIDAVIT OF SERVICE. Document filed by Kilolo Kijakazi, Douglas O'Donnell, Raymond Roberts..(Osmond, Mark)
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Filing 6
MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss Case as Frivolous . . Document filed by Kilolo Kijakazi, Douglas O'Donnell, Raymond Roberts..(Osmond, Mark)
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Filing 5
MOTION to Dismiss Case as Frivolous . Document filed by Kilolo Kijakazi, Douglas O'Donnell, Raymond Roberts..(Osmond, Mark)
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Case Designated ECF. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
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CASE REFERRED TO Judge Kenneth M. Karas as possibly related to 1:22cv6965. (sj)
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Filing 4
AFFIDAVIT OF SERVICE. Document filed by Kilolo Kijakazi, Douglas O'Donnell, Raymond Roberts..(Osmond, Mark)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:22-cv-06965. Document filed by Kilolo Kijakazi, Douglas O'Donnell, Raymond Roberts..(Osmond, Mark)
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Filing 2
CIVIL COVER SHEET filed..(Osmond, Mark)
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Filing 1
NOTICE OF REMOVAL from New York Supreme Court, County of Westchester. Case Number: 50064/2023..Document filed by Kilolo Kijakazi, Douglas O'Donnell, Raymond Roberts. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Complaint Exhibits, #3 Exhibit Complaint Exhibits (cont.), #4 Exhibit Complaint Exhibits (cont.), #5 Exhibit Complaint Exhibits (cont.), #6 Exhibit Complaint Exhibits (cont.), #7 Exhibit Complaint Exhibits (cont.), #8 Exhibit Complaint Exhibits (cont.), #9 Exhibit Complaint Exhibits (cont.), #10 Exhibit Complaint Exhibits (cont.), #11 Exhibit Complaint Exhibits (cont.), #12 Exhibit Complaint Exhibits (cont.), #13 Exhibit Complaint Exhibits (cont.), #14 Exhibit Complaint Exhibits (cont.), #15 Exhibit Complaint Exhibits (cont.), #16 Exhibit Complaint Exhibits (cont.), #17 Exhibit Complaint Exhibits (cont.), #18 Exhibit Complaint Exhibits (cont.), #19 Exhibit Complaint Exhibits (cont.), #20 Exhibit Complaint Exhibits (cont.), #21 Exhibit Complaint Exhibits (cont.), #22 Exhibit Complaint Exhibits (cont.), #23 Exhibit Complaint Exhibits (cont.), #24 Exhibit Complaint Exhibits (cont.), #25 Exhibit Complaint Exhibits (cont.), #26 Exhibit Complaint Exhibits (cont.), #27 Exhibit Complaint Exhibits (cont.), #28 Exhibit Complaint Exhibits (cont.), #29 Exhibit Complaint Exhibits (cont.), #30 Exhibit Complaint Exhibits (cont.), #31 Exhibit Complaint Exhibits (cont.), #32 Exhibit Complaint Exhibits (cont.), #33 Exhibit Complaint Exhibits (cont.), #34 Exhibit Complaint Exhibits (cont.), #35 Exhibit Complaint Exhibits (cont.), #36 Exhibit Complaint Exhibits (cont.), #37 Exhibit Complaint Exhibits (cont.), #38 Exhibit Complaint Exhibits (cont.), #39 Exhibit Complaint Exhibits (cont.), #40 Exhibit Exhibit B - Affidavits of Service).(Osmond, Mark)
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