Bank of America,N.A. v. Tempay LLC et al
Plaintiff: Bank of America,N.A.
Defendant: Tempay LLC, Tempay, Inc., and Larry Holstein
Case Number: 1:2019cv00674
Filed: May 23, 2019
Court: US District Court for the Western District of New York
Presiding Judge: Lawrence J Vilardo
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 15, 2019 ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM)
July 12, 2019 Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Larry Holstein. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Memorandum in Support)(Yankelunas, Edward)
July 12, 2019 Filing 19 ANSWER to #1 Complaint by Tempay, Inc.,.(Yankelunas, Edward)
June 17, 2019 Filing 18 TEXT ORDER. The #16 stipulation for extension of time to answer by defendants, Tempay, Inc. and Larry Holstein, is HEREBY SO ORDERED. The defendants' time to answer or otherwise make motions with respect to the complaint is extended to 7/12/2019. Signed by Hon. Lawrence J. Vilardo on 6/17/2019. (CMD)
June 17, 2019 ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution (KM)
June 14, 2019 Filing 17 ANSWER to Complaint by Tempay LLC.(Grimm, Richard)
June 14, 2019 Filing 16 STIPULATION Extending Time to Respond by Larry Holstein, Tempay, Inc.,. (Yankelunas, Edward)
June 13, 2019 Filing 15 Corporate Disclosure Statement by Tempay, Inc.,. (Yankelunas, Edward)
June 12, 2019 Filing 14 NOTICE of Appearance by Edward P. Yankelunas on behalf of Larry Holstein, Tempay, Inc., (Yankelunas, Edward)
June 5, 2019 Filing 13 CERTIFICATE OF SERVICE by Tempay LLC re #11 Notice of Appearance, #12 Corporate Disclosure Statement (Grimm, Richard)
June 5, 2019 Filing 12 Corporate Disclosure Statement by Tempay LLC. (Grimm, Richard)
June 5, 2019 Filing 11 NOTICE of Appearance by Richard A. Grimm, III on behalf of Tempay LLC (Grimm, Richard)
June 5, 2019 Filing 10 REQUEST AND ORDER re #7 MOTION to Appoint Receiver filed by Bank of America, N.A. The request of the parties to suspend the deadlines in this Court's scheduling order (Docket Item 9) and to hold the motion to appoint receiver in abeyance (Docket Item 7) is GRANTED. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/5/2019. (APG)
May 29, 2019 Filing 9 TEXT ORDER granting #8 MOTION for Expedited Consideration of Motion for the Appointment of a Receiver filed by Bank of America,N.A. Defendant's response due by 6/5/2019. Plaintiff's reply is due by 6/10/2019. Oral Argument set for 6/14/2019 at 2:00 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3340 before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/29/2019. (CMD)
May 29, 2019 Filing 8 MOTION to Expedite Consideration of Motion for the Appointment of a Receiver by Bank of America,N.A.. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Simes, Michael)
May 29, 2019 Filing 7 MOTION to Appoint Receiver by Bank of America,N.A.. (Attachments: #1 Memorandum of Law, #2 Affidavit of Michael L. Simes, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Certificate of Service)(Simes, Michael)
May 29, 2019 Filing 6 Corporate Disclosure Statement by Bank of America,N.A. identifying Corporate Parent Bank of America Corporation, Corporate Parent BANA Holding Corporation, Corporate Parent BAC North America Holding Company, Corporate Parent NB Holdings Corporation for Bank of America,N.A... (Simes, Michael)
May 28, 2019 Filing 5 SUMMONS Returned Executed by Bank of America,N.A.. Larry Holstein served on 5/28/2019, answer due 6/18/2019. (Simes, Michael)
May 28, 2019 Filing 4 SUMMONS Returned Executed by Bank of America,N.A.. Tempay, Inc., served on 5/28/2019, answer due 6/18/2019. (Simes, Michael)
May 28, 2019 Filing 3 SUMMONS Returned Executed by Bank of America,N.A.. Tempay LLC served on 5/28/2019, answer due 6/18/2019. (Simes, Michael)
May 24, 2019 Filing 2 Summons Issued as to Larry Holstein, Tempay LLC, Tempay, Inc. (KM)
May 24, 2019 Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of on-line civil opening. (KM)
May 24, 2019 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KM)
May 24, 2019 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(KM)
May 23, 2019 Filing 1 COMPLAINT against Larry Holstein, Tempay LLC, Tempay, Inc., $ 400 receipt number 0209-3462757, filed by Bank of America,N.A.. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Simes, Michael)

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Defendant: Tempay LLC
Represented By: Richard A. Grimm, III
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Defendant: Tempay, Inc.,
Represented By: Edward P. Yankelunas
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Defendant: Larry Holstein
Represented By: Edward P. Yankelunas
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Plaintiff: Bank of America,N.A.
Represented By: Michael Lawrence Simes
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