Holmes v. The Bank of New York Mellon et al
| Keith A. Holmes |
| The Bank of New York Mellon, The Bank of New York, Ocwen Financial Corporation, PHH Mortgage Corporation, NewRez, LLC, McCabe, Weisberg & Conway, LLC, John Doe #1 to John Doe #10 and Jane Doe #1 to Jane Doe #10 |
| 7:2023cv04948 |
| June 13, 2023 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Philip M Halpern |
| Real Property: Foreclosure |
| 28 U.S.C. § 1331 rr Fed. Question: Real Property |
| None |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
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Filing 36
ORDER: Accordingly, it is hereby ORDERED that: 1. Plaintiff's opposition to defendants' motions to dismiss is due September 1, 2023. Plaintiff shall file one opposition, not to exceed twenty-five pages, that addresses all three motions. 2. Defendants' replies, if any, are due September 15, 2023. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Replies due by 9/15/2023. Responses due by 9/1/2023.) (Signed by Judge Vincent L. Briccetti on 8/2/2023) Copies Mailed By Chambers. (mml)
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| Filing 35 DECLARATION of Leah N. Jacob in Support re: #32 MOTION to Dismiss Complaint ECF Doc. No. 1.. Document filed by Ocwen Financial Corporation, PHH Mortgage Corporation. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B-Foreclosure Complaint, #3 Exhibit C-Answer, #4 Exhibit D-Borrowers' Motion to Dismiss, #5 Exhibit E-Trust's Motion for Summary Judgment, #6 Exhibit F-Borrowers' Cross-Motion to Amend, #7 Exhibit G-September 1, 2017 Order, #8 Exhibit H-October 12, 2017 Order, #9 Exhibit I-Notice of Appeal, #10 Exhibit J-Borrowers' Motion to Renew, #11 Exhibit K-Trust's Opposition to Motion to Renew, #12 Exhibit L-March 14, 2018 Order, #13 Exhibit M-Trial Scheduling Order, #14 Exhibit N-June 2018 Trial Transcript, #15 Exhibit O-Referee Report, #16 Exhibit P-Objection to Referee Report, #17 Exhibit Q-Borrowers' Objection to Referee Report, #18 Exhibit R-September 26, 2018 Order, #19 Exhibit S-Transcript, #20 Exhibit T-Trust's Motion to Reargue, #21 Exhibit U-Notice of Appeal, #22 Exhibit V-January 11, 2019 Order, #23 Exhibit W-January 14, 2019 Order, #24 Exhibit X-Motion for Judgment of Foreclosure, #25 Exhibit Y- Borrowers' Cross-Motion, #26 Exhibit Z-Judgment of Foreclosure, #27 Exhibit AA-Notice of Sale, #28 Exhibit BB- Bankruptcy Order, #29 Exhibit CC- Supplemental Judgment).(Jacob, Leah) |
| Filing 34 MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss Complaint ECF Doc. No. 1. . Document filed by Ocwen Financial Corporation, PHH Mortgage Corporation..(Jacob, Leah) |
| Filing 33 MEMORANDUM OF LAW in Support re: #30 FIRST MOTION to Dismiss Complaint. . Document filed by McCabe, Weisberg & Conway, LLC..(Krapf, Jamie) |
| Filing 32 MOTION to Dismiss Complaint ECF Doc. No. 1. Document filed by Ocwen Financial Corporation, PHH Mortgage Corporation..(Jacob, Leah) |
| Filing 31 DECLARATION of Jamie C. Krapf in Support re: #30 FIRST MOTION to Dismiss Complaint.. Document filed by McCabe, Weisberg & Conway, LLC. (Attachments: #1 Exhibit Ex A Plaintiff's Complaint, #2 Exhibit Ex B Foreclosure Complaint, #3 Exhibit Ex C September 2017 Order, #4 Exhibit Ex D Motion for Judgment of Foreclosure and Sale, #5 Exhibit Ex E Defendant Motion to Preclude Judgment of Foreclosure and Sale, #6 Exhibit Ex F Judgment of Foreclosure and Sale, #7 Exhibit Ex G Notice of Sale, #8 Exhibit Ex H Adversary Complaint, #9 Exhibit Ex I Order Dismissing Adversary Complaint).(Krapf, Jamie) |
| Filing 30 FIRST MOTION to Dismiss Complaint. Document filed by McCabe, Weisberg & Conway, LLC..(Krapf, Jamie) |
| Filing 29 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by McCabe, Weisberg & Conway, LLC..(Krapf, Jamie) |
| Filing 28 NOTICE OF APPEARANCE by Jamie C. Krapf on behalf of McCabe, Weisberg & Conway, LLC..(Krapf, Jamie) |
| Filing 27 NOTICE of to Pro Se Litigant who Opposes a Rule 12 Motion Supported by Matters Outside the pleadings re: #23 MOTION to Dismiss .. Document filed by NewRez, LLC, The Bank of New York Mellon..(Smith, Jordan) |
| Filing 26 CERTIFICATE OF SERVICE of Motion to Dismiss, Rule 7.1 Corporate Disclosures, Notice to Pro Se Litigant, and unreported authorities served on Keith A. Holmes on August 1, 2023. Service was made by Mail. Document filed by NewRez, LLC, The Bank of New York Mellon..(Smith, Jordan) |
| Filing 25 MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss . . Document filed by NewRez, LLC, The Bank of New York Mellon..(Smith, Jordan) |
| Filing 24 DECLARATION of Jordan M. Smith in Support re: #23 MOTION to Dismiss .. Document filed by NewRez, LLC, The Bank of New York Mellon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Smith, Jordan) |
| Filing 23 MOTION to Dismiss . Document filed by NewRez, LLC, The Bank of New York Mellon..(Smith, Jordan) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Bank of New York Mellon..(Smith, Jordan) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Shellpoint Partners LLC, Corporate Parent NRM Acquisition LLC, Corporate Parent NRM Acquisition II LLC, Corporate Parent New Residential Mortgage LLC, Corporate Parent Rithm Capital Corp. for NewRez, LLC. Document filed by NewRez, LLC..(Smith, Jordan) |
| Filing 20 NOTICE OF APPEARANCE by Leah Nicole Jacob on behalf of Ocwen Financial Corporation, PHH Mortgage Corporation..(Jacob, Leah) |
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Filing 19
ORDER denying #16 Motion for Order to Show Cause; granting #18 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Vincent L. Briccetti from Jordan M. Smith dated June 26, 2023. Accordingly, plaintiff's motion for a preliminary injunction and temporary restraining order is DENIED. In addition, on June 26, 2023, counsel for defendants The Bank of New York Mellon and Newrez, LLC, filed a letter-motion seeking an extension of time to respond to the complaint. (Doc. #18). That application is GRANTED. In the interest of efficient case management, the time for all defendants to answer, move, or otherwise respond to the complaint is August 1, 2023. The Clerk is instructed to terminate the pending motions. (Docs. #16, 18). SO ORDERED. Jane Doe #1 to Jane Doe #10 answer due 8/1/2023; John Doe #1 to John Doe #10 answer due 8/1/2023; McCabe, Weisberg & Conway, LLC answer due 8/1/2023; NewRez, LLC answer due 8/1/2023; Ocwen Financial Corporation answer due 8/1/2023; PHH Mortgage Corporation answer due 8/1/2023; The Bank of New York Mellon answer due 8/1/2023. (Signed by Judge Vincent L. Briccetti on 6/26/2023) (mml) Modified on 6/27/2023 (mml).
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| Filing 18 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Vincent L. Briccetti from Jordan M. Smith dated June 26, 2023. Document filed by The Bank of New York Mellon..(Smith, Jordan) |
| Filing 17 DECLARATION of Keith A. Holmes in Support re: #16 MOTION for Order to Show Cause. Document filed by Keith A. Holmes. (ok) |
| Filing 16 MOTION for Order to Show Cause. Document filed by Keith A. Holmes. (ok) |
| Filing 15 LETTER addressed to Judge Philip M. Halpern from Keith A. Holmes dated 6/23/2023 re: Pursuant to your Memo Endorsement dated June 22, 2023, please accept the following response:...Acts and Practices. Document filed by Keith A. Holmes. (ok) |
| CASE ACCEPTED AS RELATED. Create association to 7:22-cv-08632-VB. Notice of Assignment to follow. (sgz) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Philip M. Halpern is no longer assigned to the case. (sgz) |
| Magistrate Judge Victoria Reznik is so redesignated. (sgz) |
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Filing 14
MEMO ENDORSEMENT on re: #8 Proposed Order to Show Cause Without Emergency Relief filed by Keith A. Holmes ENDORSEMENT Plaintiff is directed to review and comply with this Court's Individual Practices, in particular Rule 4(F), which concerns applications for injunctive relief, including temporary restraining orders. Specifically, the Court will not sign the proposed order to show cause for preliminary injunction and temporary restraining order (Doc. 8), prior to strict compliance with the provisions of Rules 2(C) and 4(F) of the Court's Individual Practices, as well as Rule 65 of the Federal Rules of Civil Procedure. Plaintiff shall submit a letter via ECF by June 26, 2023 at 5:00 p.m. advising the Court regarding the status of service on Defendant Owen Financial Corporation. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/22/2023) (jca)
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| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,. Ocwen Financial Corporation served on 6/19/2023, answer due 7/10/2023. Service was accepted by Monalisa Hart-Registered Agent. Document filed by Keith A. Holmes. (ok) |
| Filing 12 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Keith A. Holmes consents to receive electronic service via the ECF system. Document filed by Keith A. Holmes. (ok) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #8 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Filing 11 LETTER addressed to Judge Philip M. Halpern from Keith A. Holmes dated 6/16/2023 re: In reference to our Order to Show Cause filed today for relief from a pending foreclosure sale of our primary residence scheduled for June 27, 2023, I wanted to apologize in advance for the short time period of this filing...All parties except from Ocwen Financial Corp. have been served with the Complaint and will be served with this Order to Show Cause today. In advance, I thank you for your consideration with this matter. Document filed by Keith A. Holmes. (ok) |
| Filing 10 DECLARATION of Keith A. Holmes re: #8 Proposed Order to Show Cause Without Emergency Relief. Document filed by Keith A. Holmes. (ok) |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 Proposed Order to Show Cause Without Emergency Relief. Document filed by Keith A. Holmes. (ok) Modified on 6/20/2023 (ok). |
| Filing 8 (PROPOSED) ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER. Document filed by Keith A. Holmes. (ok) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 7 LETTER addressed to Judge Philip M. Halpern from Keith A. Holmes dated 6/16/2023 re: Per the attached email from one process server, service was attempted for, but refused by a person at Ocwen's Offices...I will file proof of service once this is completed. Document filed by Keith A. Holmes. (ok) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. NewRez, LLC served on 6/14/2023, answer due 7/5/2023. Service was accepted by Patrick Lerch. Document filed by Keith A. Holmes. (ok) |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint,. The Bank of New York Mellon served on 6/14/2023, answer due 7/5/2023. Service was accepted by Gloria Cevallos. Document filed by Keith A. Holmes. (ok) |
| Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint,. PHH Mortgage Corporation served on 6/14/2023, answer due 7/5/2023. Service was accepted by Jeff Morris - Security Supervisor. Document filed by Keith A. Holmes. (ok) |
| Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint,. McCabe, Weisberg & Conway, LLC served on 6/14/2023, answer due 7/5/2023. Service was accepted by Jennifer Vaden - Managing Agent. Document filed by Keith A. Holmes. (ok) |
| Filing 1 COMPLAINT against Jane Doe #1 to Jane Doe #10, John Doe #1 to John Doe #10, McCabe, Weisberg & Conway, LLC, NewRez, LLC, Ocwen Financial Corporation, PHH Mortgage Corporation, The Bank of New York Mellon. (Filing Fee $ 402.00, Receipt Number 378) Document filed by Keith A. Holmes. (sac) |
| Case Designated ECF. (sac) |
| SUMMONS ISSUED as to McCabe, Weisberg & Conway, LLC, NewRez, LLC, Ocwen Financial Corporation, PHH Mortgage Corporation, The Bank of New York Mellon. (sac) |
| 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. (sac) |
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