Reading v. The Home Depot et al
| Ryan C. Reading |
| The Home Depot and Registered Agents, Wakeshi Edwards, Corporation Service Company doing business as CSC-Lawyers Incorporating Service Company, Citibank / Citibank NA, Corporation Trust Company and The Home Depot |
| 1:2023cv00498 |
| June 6, 2023 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| John L Sinatra |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on August 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 TEXT ORDER: Defendants Citibank, N.A. and The Home Depot's Motion for Extension of Time to File #24 is granted. Defendants' motion to compel arbitration shall be filed and served by August 11, 2023; plaintiff's response shall be filed and served by September 1, 2023; and defendants' reply, if any, shall be filed and served by September 8, 2023, after which time the motion will be taken under advisement without oral argument unless deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/1/2023. This Text Order mailed and e-mailed to plaintiff. (EG) |
| Filing 24 MOTION for Extension of Time to File Extension of briefing schedule on Defendants' intended Motion to Compel Arbitration by Citibank / Citibank NA, The Home Depot.(Schell, Jacquelyn) |
| Filing 23 CONTINUATION OF EXHIBITS by Ryan C. Reading to #10 MOTION for Default Judgment (Attachments: #1 Affidavit of Service, #2 Envelope) (CGJ) |
| Filing 22 TEXT ORDER: As agreed to by the parties at today's telephonic conference, with the exception of "The Home Depot" and "Citibank/Citibank NA", the defendants identified in the Complaint are voluntarily dismissed, without prejudice. For the reasons stated on the record, plaintiff's motion for a default judgment #10 is denied. Defendants' motion to compel arbitration shall be filed and served by August 4, 2023; plaintiff's response shall be filed and served by August 25, 2023; and defendants' reply, if any, shall be filed and served by September 1, 2023, after which time the motion will be taken under advisement without oral argument unless deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/18/23. (MDY)This Text Order was mailed and e-mailed to plaintiff.Clerk to Follow up |
| Filing 21 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 7/18/2023. The parties/counsel for the parties appear by teleconference. The court and parties discuss the propriety of various named defendants. After discussion, the named defendants other than the Home Depot and Citibank will be dismissed. The court will also dismiss plaintiff's motion for default judgment for the reasons discussed. A briefing schedule on defendants' proposed motion to compel arbitration discussed and set. Text Order to issue. Defendants directed to email and mail those papers to plaintiff. APPEARANCES (by phone): Ryan Reading, plaintiff; Jacquelyn Schell, Gerard Belfort for Citibank and Home Depot defendants; Anthony Minchella for The Home Depot, Wakeski Edwards (AT&T) (EG) A copy sent to plaintiff. |
| Filing 20 RESPONSE in Opposition re #10 MOTION for Default Judgment as to Citibank / Citibank NA, Corporation Service Company, Corporation Trust Company, Wakeshi Edwards, The Home Depot and Registered Agents filed by Citibank / Citibank NA, Wakeshi Edwards, The Home Depot and Registered Agents. (Schell, Jacquelyn) |
| Filing 19 AMENDED ANSWER to #1 Complaint by Citibank / Citibank NA, Wakeshi Edwards, The Home Depot and Registered Agents. (Schell, Jacquelyn) |
| Filing 18 Corporate Disclosure Statement by The Home Depot and Registered Agents. (Minchella, Anthony) |
| Filing 17 TEXT ORDER: Defendants' Motion to Adjourn #16 the July 12th teleconference is granted. A teleconference to discuss the case status and next steps is rescheduled to July 18, 2023 at 11:00 a.m. before me. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/6/2023. (EG)A copy of this order mailed to plaintiff. |
| Filing 16 Consent MOTION to Adjourn July 12, 2023 teleconference by Citibank / Citibank NA, The Home Depot and Registered Agents.(Schell, Jacquelyn) |
| Filing 15 NOTICE of Appearance by Jacquelyn Nicole Schell on behalf of Citibank / Citibank NA, The Home Depot and Registered Agents (Schell, Jacquelyn) |
| Filing 14 AFFIDAVIT of Service re #10 MOTION for Default Judgment, filed by Ryan C. Reading. (CGJ) |
| Filing 13 AFFIRMATION IN OPPOSITION to #5 Answer to Complaint filed by Ryan C. Reading. (CGJ) |
| Filing 12 NOTICE of Appearance by Anthony R. Minchella on behalf of Wakeshi Edwards (Minchella, Anthony) |
| Filing 11 NOTICE of Appearance by Anthony R. Minchella on behalf of The Home Depot and Registered Agents (Minchella, Anthony) |
| Filing 10 MOTION for Default Judgment as to Citibank / Citibank NA, Corporation Service Company, Corporation Trust Company, Wakeshi Edwards, The Home Depot and Registered Agents by Ryan C. Reading. (CGJ) |
| Filing 9 REQUEST for Clerk's Entry of Default by Ryan C. Reading against Citibank / Citibank NA, Corporation Service Company, Corporation Trust Company, Wakeshi Edwards, The Home Depot and Registered Agents. (CGJ) |
| Clerk's Default Not Entered. Plaintiff notified. Reason: Answer to Complaint on file and no Proof of Service on file. (CGJ) |
| Filing 8 TEXT ORDER: A teleconference to discuss the case status and next steps is set for July 12, 2023 at 10:00 a.m. before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/27/2023. (EG) A copy of this order mailed to plaintiff. |
| Filing 7 NOTICE of Appearance by Gerard Belfort on behalf of Citibank / Citibank NA (Belfort, Gerard) |
| Filing 6 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, 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 6/27/2023. (KLH)This was mailed to: Plaintiff. |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| Filing 5 ANSWER to #1 Complaint by Citibank / Citibank NA.(McKenna, Daniel) |
| Filing 4 Corporate Disclosure Statement by Citibank / Citibank NA identifying Corporate Parent Citigroup, Inc., Other Affiliate Citicorp for Citibank / Citibank NA.. (McKenna, Daniel) |
| Filing 3 NOTICE of Appearance by Daniel JT McKenna on behalf of Citibank / Citibank NA (McKenna, Daniel) |
| Filing 2 AFFIRMATION of Service for payment documents online account filed by Ryan C. Reading. (JLV) |
| Filing 1 COMPLAINT against Citibank / Citibank NA, Corporation Service Company, Corporation Trust Company, Wakeshi Edwards, The Home Depot and Registered Agents, filed by Ryan C. Reading. (CGJ) |
| Filing fee received: $402.00, receipt number 100001880 (CGJ) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (CGJ) |
| Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, Pro Se Assistance Program Information and ADR Notification. (CGJ) |
| Summons Issued as to Citibank / Citibank NA, Corporation Service Company, Corporation Trust Company, Wakeshi Edwards, The Home Depot and Registered Agents. (CGJ) |
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