Bellasalma et al v. Colton RV, LLC et al
| Diana Bellasalama, James Bellasalma and Diana Bellasalma |
| Colton RV, LLC and Fifth Third Bank, N.A. |
| 1:2022cv00765 |
| October 10, 2022 |
| US District Court for the Western District of New York |
| Leslie G Foschio |
| John L Sinatra |
| Contract: Other |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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E-Filing Notification: #28 TRANSCRIPT REQUEST FORM C re Notice of Appeal CLERK TO FOLLOW UP (Burdge, Ronald) Modified title on 11/14/2023, wrong event was used to file document (SG). (SG)
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E-Filing Notification: Incorrect.pdf file attached to entry. Action required: re-file entry with correct attachment #28 DESIGNATION of Record on Appeal by James Bellasalma, Diana Bellasalma re #26 Notice of Appeal, (Burdge, Ronald) (SG)
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Filing 28
TRANSCRIPT REQUEST FORM C re Notice of Appeal CLERK TO FOLLOW UP (Burdge, Ronald) Modified title on 11/14/2023 (SG).
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Filing 27
TRANSCRIPT REQUEST by James Bellasalma, Diana Bellasalma (Burdge, Ronald)
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Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (SG)
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Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (SG)
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Filing 26
NOTICE OF APPEAL as to #25 Judgment, #24 Order on Motion for Summary Judgment, Order on Report and Recommendations by James Bellasalma, Diana Bellasalma. Filing fee $ 505, receipt number ANYWDC-5011940. Appeal Record due by 10/28/2023. (Burdge, Ronald)
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Filing 25
JUDGMENT in favor of Colton RV, LLC, Fifth Third Bank, N.A. against Diana Bellasalma, James Bellasalma. Signed by Mary C. Loewenguth, Clerk of Court on 9/28/2023. (CGJ)
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Filing 24
DECISION AND ORDER granting #12 Motion for Summary Judgment; adopting Report and Recommendations re #19 Report and Recommendations. Signed by Hon. John L. Sinatra, Jr. on 9/28/2023. (CGJ)
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Filing 23
RESPONSE in Support re #19 REPORT AND RECOMMENDATIONS re #12 MOTION to Dismiss filed by Fifth Third Bank, N.A., Colton RV, LLC Objections due fourteen days from receipt. Plaintiffs' Reply Memorandum in Further Support of Objections to Report and Recommendations filed by James Bellasalma, Diana Bellasalma. (Burdge, Ronald)
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Filing 22
REPLY/RESPONSE to re #20 Objections -- non-motion Defendants' Response to Plaintiffs' Objections to the Report and Recommendation filed by Colton RV, LLC, Fifth Third Bank, N.A.. (Graber, James)
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Filing 21
TEXT ORDER re #20 Objections filed by Diana Bellasalma, James Bellasalma, to #19 REPORT AND RECOMMENDATIONS. Response is due 8/17/2023, any reply is due 8/24/2023. Oral argument will be scheduled at a later date if necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 8/3/2023. (CJG)
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Filing 20
OBJECTIONS Plaintiffs' Objections to Report and Recommendations filed by Plaintiffs James Bellasalma, Diana Bellasalma.. (Burdge, Ronald)
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Filing 19
REPORT AND RECOMMENDATIONS re #12 Defendants' MOTION for summary judgment filed by Defendants Fifth Third Bank, N.A., and Colton RV, LLC should be GRANTED; alternatively, Defendants' motion to dismiss should be GRANTED in part and DENIED in part, and dismissal of the Second, Fifth, Sixth, Seventh, and Eighth Claims should be WITH PREJUDICE. Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 7/19/2023. (TAH)
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Filing 18
REPLY/RESPONSE to re #12 MOTION to Dismiss Reply Memorandum of Law in Further Support of Motion to Dismiss by Defendants filed by Colton RV, LLC, Fifth Third Bank, N.A.. (Graber, James)
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Filing 17
RESPONSE in Opposition re #12 MOTION to Dismiss Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss filed by James Bellasalma, Diana Bellasalma. (Burdge, Ronald)
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Filing 16
TEXT ORDER re #12 MOTION to Dismiss filed by Fifth Third Bank, N.A., Colton RV, LLC. Responses due by 2/21/2023. Replies due by 3/10/2023. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 1/19/2023. (SDW)
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Filing 15
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/18/2023. (KLH)
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Filing 14
Corporate Disclosure Statement by Fifth Third Bank, N.A.. (Graber, James)
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Filing 13
Corporate Disclosure Statement by Colton RV, LLC. (Graber, James)
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Filing 12
MOTION to Dismiss by Colton RV, LLC, Fifth Third Bank, N.A.. (Attachments: #1 Declaration of Benjamin D. Burge in Support of Motion To Dismiss, #2 Exhibit A-F to Benjamin D. Burge Declaration in Support of Motion To Dismiss, #3 Memorandum in Support)(Graber, James)
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Filing 11
SUMMONS Returned Executed by Diana Bellasalma, James Bellasalma. Colton RV, LLC served on 12/30/2022, answer due 1/20/2023. (Attachments: #1 Exhibit Affidavit of Service)(Burdge, Ronald)
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Filing 10
SUMMONS Returned Executed by Diana Bellasalma, James Bellasalma. Fifth Third Bank, N.A. served on 12/28/2022, answer due 1/18/2023. (Attachments: #1 Exhibit Return of Service)(Burdge, Ronald)
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ATTENTION CORPORATION PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed within seven (7) days of this notice. (KM)
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Filing 9
Summons Reissued as to Colton RV, LLC, Fifth Third Bank, N.A.. (Attachments: #1 summons)(SG)
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Filing 8
Original Summons Filed. (Burdge, Ronald)
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Filing 7
Original Summons Filed. (Burdge, Ronald)
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Filing 6
REQUEST FOR WAIVER of Service sent to Fifth Third Bank, N.A. on 11/02/2022 by James Bellasalma, Diana Bellasalma. (Burdge, Ronald)
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Filing 5
REQUEST FOR WAIVER of Service sent to Colton RV, LLC on 11/02/2022 by James Bellasalma, Diana Bellasalma. (Burdge, Ronald)
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Filing 4
AMENDED COMPLAINT First Amended Complaint and Jury Demand against Colton RV, LLC, Fifth Third Bank, N.A., filed by Diana Bellasalma, James Bellasalma.(Burdge, Ronald)
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Filing 3
NOTICE: All parties are expected to comply with Judge Sinatra's individual requirements set forth in the "Judges' Info" section of the Court's website. Business organization parties should pay particular attention to the tab relating to such parties. (KLH)
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Filing 2
Summons Issued as to Colton RV, LLC,; Fifth Third Bank, N.A. (TMK)
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Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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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. (TMK)
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Filing 1
COMPLAINT against Colton RV, LLC, Fifth Third Bank, N.A. $ 402 receipt number ANYWDC-4694533, filed by Diana Bellasalama, James Bellasalma. (Attachments: #1 Civil Cover Sheet, #2 Supplement Proposed Summons Colton RV, #3 Supplement Proposed Summons Fifth Third Bank)(Burdge, Ronald)
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