Heinert et al v. Bank of America, N.A. et al
| Richard H. Schultz, Jr. and Mary Beth Heinert |
| Perry Santillo, Citizens Bank, N.A., Christopher Parris, Paul Anthony LaRocco, Dominic Siwik, Thomas Brenner, Bank of America, N.A. and John Piccarreto |
| 6:2019cv06081 |
| January 30, 2019 |
| US District Court for the Western District of New York |
| David G Larimer |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 56
MANDATE of USCA as to #51 Notice of Appeal, filed by Mary Beth Heinert, Richard H. Schultz, Jr.. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. (TF)
|
|
Filing 55
NOTICE of Voluntary Dismissal by Mary Beth Heinert, Richard H. Schultz, Jr (Widlanski, Benjamin)
|
|
Filing 54
NOTICE of Change of Address by George Franjola (Franjola, George)
|
|
Filing 53
CLERKS CERTIFICATE/Index filed and electronically sent to Court of Appeals re #52 DESIGNATION of Record on Appeal by Mary Beth Heinert, Richard H. Schultz, Jr re #51 Notice of Appeal (TF)
|
|
Filing 52
DESIGNATION of Record on Appeal by Mary Beth Heinert, Richard H. Schultz, Jr re #51 Notice of Appeal, CLERK TO FOLLOW UP (Widlanski, Benjamin)
|
|
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. (TF)
|
|
Filing 51
NOTICE OF APPEAL as to #46 Order on Motion to Dismiss for Failure to State a Claim,,, #50 Judgment by Mary Beth Heinert, Richard H. Schultz, Jr. Filing fee $ 505, receipt number 0209-3747390. Appeal Record due by 3/9/2020. (Widlanski, Benjamin)
|
|
Filing 50
JUDGMENT in favor of Bank of America, N.A., Citizens Bank, N.A. against Mary Beth Heinert, Richard H. Schultz, Jr. Signed by Clerk of Court on 1/28/2020. (TF)
|
|
Filing 49
ORDER that the judgment rendered by the Court in the above-entitled action on October 18, 2019, dismissing all claims asserted by plaintiffs against Bank of America, N.A. and Citizens Bank, N.A., with prejudice (Dkt. #46), be entered as a final judgment under Rule 54(b) of the Federal Rules of Civil Procedure. The Clerk is directed to enter such judgment forthwith. Signed by Hon. David G. Larimer on 1/22/2020. (TF)
|
|
Filing 48
MEMORANDUM/BRIEF Joint Motion for Certification Under Rule 54(b) and Incorporated Memorandum of Law by Mary Beth Heinert. (Widlanski, Benjamin)
|
|
Filing 47
NOTICE by Mary Beth Heinert Notice of Joint Motion for Certification under Rule 54(b) (Widlanski, Benjamin)
|
|
Filing 46
DECISION AND ORDER The motions by defendants Bank of America and Citizens Bank to dismiss the claims against them #17 #18 are granted. Plaintiffs' claims against Bank of America and Citizens Bank are hereby dismissed in their entirety, with prejudice. Signed by Hon. David G. Larimer on 10/18/2019. (KAH)-CLERK TO FOLLOW UP-
|
|
Filing 45
Letter filed by Bank of America, N.A., Citizens Bank, N.A. as to Christopher Parris, Bank of America, N.A., Dominic Siwik, John Piccarreto, Paul Anthony LaRocco, Citizens Bank, N.A., Thomas Brenner, Perry Santillo Response To Notice of Plea Agreement. (Miller, Pamela)
|
|
Filing 44
NOTICE by Mary Beth Heinert NOTICE OF PERRY SANTILLOS PLEA AGREEMENT IN RELATED CRIMINAL ACTION (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Widlanski, Benjamin)
|
|
Filing 43
NOTICE of Voluntary Dismissal by Mary Beth Heinert, Richard H. Schultz, Jr (Widlanski, Benjamin)
|
|
Filing 42
Corporate Disclosure Statement by Bank of America, N.A. identifying Corporate Parent Bank of America Corporation, Other Affiliate BANA Holding, Other Affiliate NB Holding, Other Affiliate BAC North America Holding for Bank of America, N.A... (Miller, Pamela)
|
|
Filing 41
Minute Entry for proceedings held before Hon. David G. Larimer: Motion Hearing held on 7/22/2019 re #18 MOTION to Dismiss The Plaintiffs' Complaint filed by Bank of America, N.A., #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Citizens Bank, N.A. The Court reserves decision on the motions. Benjamin Widlanski, Esq., Tal Lifshitz, Esq., Michael Burger, Esq.; Pam Miller, Esq.; Pete Michaels, Esq.(Court Reporter Diane Martens.) (PR)
|
|
Set/Reset Deadlines as to #18 MOTION to Dismiss Plaintiffs' Complaint and #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Motion Hearing reset for 7/22/2019 02:30 PM before Hon. David G. Larimer. (PR)
|
|
Filing 40
TEXT ORDER re #18 MOTION to Dismiss The Plaintiffs' Complaint filed by Bank of America, N.A., #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Citizens Bank, N.A. Motion Hearing set for 7/10/2019 02:00 PM before Hon. David G. Larimer. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 6/19/19. (PR)
|
|
Filing 39
STIPULATION AND ORDER Answer due date updated as to Dominic Siwik answer due 7/12/2019. Signed by Hon. David G. Larimer on 6/17/2019. (LB)
|
|
Filing 38
Letter filed by Mary Beth Heinert, Richard H. Schultz, Jr as to Christopher Parris, Bank of America, N.A., Dominic Siwik, John Piccarreto, Paul Anthony LaRocco, Citizens Bank, N.A., Thomas Brenner, Perry Santillo . (Burger, Michael)
|
|
Filing 37
REPLY/RESPONSE to re #18 MOTION to Dismiss The Plaintiffs' Complaint (Defendant Bank Of America, N.A.'s Reply In Support Of Its Motion To Dismiss) filed by Bank of America, N.A.. (Miller, Pamela)
|
|
Filing 36
REPLY/RESPONSE to re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Citizens Bank N.A.'S Reply in Support of the Motion to Dismiss The Complaint, dtd 5/28/19 filed by Citizens Bank, N.A.. (Michaels, Pete)
|
|
Filing 35
MEMORANDUM in Opposition re #18 MOTION to Dismiss The Plaintiffs' Complaint, #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mary Beth Heinert, Richard H. Schultz, Jr. (Widlanski, Benjamin)
|
|
Filing 34
TEXT ORDER granting plaintiff's request to file a consolidated response to the #18 MOTION to Dismiss The Plaintiffs' Complaint filed by Bank of America, N.A. and #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Citizens Bank, N.A., that is no longer than 35 pages. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 4/25/19. (PR)
|
|
Filing 33
DECISION AND ORDER Defendants' motion to stay discovery in this matter #23 is granted, and discovery in this action is hereby stayed pending the Court's disposition of the pending motions to dismiss. Plaintiffs' responses to the pending motions to dismiss (Dkt. #17, #18) shall be filed within twenty (20) days of entry of this Decision and Order. Defendants' replies, if any, shall be filed within fifteen (15) days thereafter. Signed by Hon. David G. Larimer on 4/23/2019. (KAH)
|
|
Filing 32
TEXT ORDER. The Court having been informed that Magistrate Judge Jonathan W. Feldman intends to recuse himself from presiding over the defendants' pending #23 MOTION to stay discovery, the Court hereby VACATES its Order referring that motion to Magistrate Judge Feldman (Dkt. #26). Instead, the motion to stay discovery will be decided by this Court. The Court will review the parties' submissions on that motion and determine whether oral argument is necessary and if so, the parties will receive notice of the argument date. Once the Court has issued a decision on the motion to stay discovery, plaintiffs' time to respond to the pending #17 and #18 MOTIONS to Dismiss, originally set for April 22, 2019, will be extended 20 days after entry of that decision. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 4/9/19. (PR)
|
|
Hon. Jonathan W. Feldman no longer assigned to case. (PR)
|
|
Filing 31
Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Appearances: Appearances: Michael Burger, Esq/pl.; Benjamin Widlanski, Esq./pl; Taj Lifshitz, Esq,/pl; Pamela A Miller, Esq and James Nonkes, Esq. for def. Bank of America; Michael Pastore, Esq. for Def. Citizens Bank. Oral argument not held regarding #23 Motion To Stay. Status Conference held on 4/5/2019. Court indicates he may have a conflict in this case. The Court will investigate the conflict and notify counsel next week. Plaintiff's counsel indicates they agree to a temporary stay until this issue is resolved. (Digital Recording.) (LMD)
|
|
Filing 30
ORDER granting the request to extend the time for defendant Siwik to Answer or otherwise move against the Complaint. Answer due 6/14/2019. Signed by Hon. David G. Larimer on 4/4/19. (PR)
|
|
Filing 29
REPLY to Response to Motion re #23 MOTION to Stay (Defendants Bank of America, N.A. and Citizens Bank, N.A.'s Motion For Limited Stay Of Discovery Pending Determination Of Their Motions To Dismiss) filed by Bank of America, N.A.. (Attachments: #1 Supplemental Declaration of Pamela A. Miller in Support, #2 Exhibit A to Miller Declaration, #3 Supplemental Attorney Declaration of Michael E. Pastore in Support)(Miller, Pamela)
|
|
Filing 28
RESPONSE in Opposition re #23 MOTION to Stay (Defendants Bank of America, N.A. and Citizens Bank, N.A.'s Motion For Limited Stay Of Discovery Pending Determination Of Their Motions To Dismiss) filed by Mary Beth Heinert, Richard H. Schultz, Jr. (Attachments: #1 Exhibit 1)(Widlanski, Benjamin)
|
|
Oral Argument re #23 set for 4/5/2019 at 10:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 3/28/19. (SR)
|
|
Filing 27
ORDER granting the #24 MOTION to Expedite. Plaintiffs' Response to the #23 Motion to Stay is due by 3/28/2019; Replies due by 4/2/2019. The motion to stay will be heard by Magistrate Judge Feldman. Judge Feldman will contact the parties for an argument date. Signed by Hon. David G. Larimer on 3/26/19. (PR)
|
|
Filing 26
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jonathan W. Feldman for all pretrial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 3/26/19. (PR)
|
|
Filing 25
RESPONSE to Motion re #24 MOTION to Expedite (Defendants Bank of America, N.A. and Citizens Bank, N.A.'s Motion For Expedited Consideration Of Their Motion For Limited Stay Of Discovery Pending Determination Of Their Motions To Dismiss) Plaintiffs' Notice of Non-Opposition filed by Mary Beth Heinert, Richard H. Schultz, Jr. (Burger, Michael)
|
|
Filing 24
MOTION to Expedite (Defendants Bank of America, N.A. and Citizens Bank, N.A.'s Motion For Expedited Consideration Of Their Motion For Limited Stay Of Discovery Pending Determination Of Their Motions To Dismiss) by Bank of America, N.A.. (Attachments: #1 Text of Proposed Order)(Miller, Pamela)
|
|
Filing 23
MOTION to Stay (Defendants Bank of America, N.A. and Citizens Bank, N.A.'s Motion For Limited Stay Of Discovery Pending Determination Of Their Motions To Dismiss) by Bank of America, N.A.. (Attachments: #1 Declaration of Pamela A. Miller In Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Declaration of Michael E. Pastore In Support)(Miller, Pamela)
|
|
Filing 22
TEXT ORDER vacating the Court's 21 Scheduling order on the pending motions to dismiss. The Court previously entered an order setting the response date for the Motions to Dismiss as April 22, 2019. The briefing schedule for the pending motions will remain as set forth in the #8 Order. Signed by Hon. David G. Larimer on 3/20/19. (PR)
|
|
Filing 21
TEXT ORDER re #18 MOTION to Dismiss The Plaintiffs' Complaint filed by Bank of America, N.A., #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Citizens Bank, N.A. Responses due by 4/19/2019. Reply papers by the moving party must be filed no later than eight (8) business days following the filing of responding papers. When all papers have been submitted, the Court will review them to determine if argument is necessary and if so, the parties will receive notice of the argument date. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 3/19/19. (PR)
|
|
Filing 20
Corporate Disclosure Statement by Citizens Bank, N.A. identifying Corporate Parent Citizens Financial Group, Inc., for Citizens Bank, N.A... (Michaels, Pete)
|
|
Filing 19
Corporate Disclosure Statement by Bank of America, N.A. identifying Corporate Parent Bank of America Corporation for Bank of America, N.A... (Miller, Pamela)
|
|
Filing 18
MOTION to Dismiss The Plaintiffs' Complaint by Bank of America, N.A.. (Attachments: #1 Memorandum in Support)(Miller, Pamela)
|
|
Filing 17
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Citizens Bank, N.A.. (Attachments: #1 Memorandum in Support MEMORANDUM OF LAW IN SUPPORT OF THE MOTION TO DISMISS THE COMPLAINT AGAINST DEFENDANT CITIZENS BANK N.A, dtd 3/15/19)(Michaels, Pete)
|
|
Filing 16
NOTICE of Appearance by James P. Nonkes on behalf of Bank of America, N.A. (Nonkes, James)
|
|
Filing 15
ORDER granting #12 Motion for Pro Hac Vice ; granting #13 Motion for Pro Hac Vice ; granting #14 Motion for Pro Hac Vice. Signed by Hon. David G. Larimer on 3/11/19. (TF)
|
|
Filing 14
MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-3380560.) by Citizens Bank, N.A.. (Attachments: #1 Exhibit Motion For Admission Pro Hac Vice of Michael E. Pastore, #2 Exhibit Sponsoring Affidavit, #3 Exhibit Admission Petition, #4 Exhibit Attorney's Oath, #5 Exhibit ECF Application, #6 Exhibit Attorney Database Information, #7 Exhibit Civil Principles and Guide Lines)(Ainsworth, Kevin) (Attachment 6 replaced on 1/15/2021) (CGJ).
|
|
Filing 13
MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-3380463.) by Citizens Bank, N.A.. (Attachments: #1 Exhibit Motion for Admission Pro Hac vice of Alyssa C. Scruggs, #2 Exhibit Sponsoring Affidavit, #3 Exhibit Admission Petition, #4 Exhibit Attorney Oath, #5 Exhibit ECF Application, #6 Exhibit Attorney Database Information, #7 Exhibit Civil Principles and Guide Lines)(Ainsworth, Kevin)
|
|
Filing 12
MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-3380303.) by Citizens Bank, N.A.. (Attachments: #1 Exhibit Motion for Admission Pro Hac Vice Pete Michaels, #2 Exhibit Sponsoring Affidavit, #3 Exhibit Admission Petition, #4 Exhibit Attorney Oath, #5 Exhibit ECF Application, #6 Exhibit Attorney Database Information, #7 Exhibit Civil Principles and Guide Lines)(Ainsworth, Kevin)
|
|
Filing 11
NOTICE of Appearance by Christopher J. Lattuca on behalf of Dominic Siwik (Lattuca, Christopher)
|
|
Filing 10
NOTICE of Appearance by Jeffrey J. Harradine on behalf of Dominic Siwik (Harradine, Jeffrey)
|
|
Filing 9
ORDER as to defendant Siwik granting the request to extend the time to file an Answer to the #1 Complaint. Defendant Siwik's Answer is due on or before 4/19/2019. Signed by Hon. David G. Larimer on 2/27/19. (PR)
|
|
Filing 8
ORDER granting #6 Joint Motion for Extension of Time to File. Signed by Hon. David G. Larimer on 2/26/19. (PR)
|
|
Filing 7
NOTICE of Appearance by Benjamin J. Widlanski on behalf of Mary Beth Heinert, Richard H. Schultz, Jr (Widlanski, Benjamin)
|
|
Answer due date updated as to Bank of America, N.A. answer due 3/15/2019; Citizens Bank, N.A. answer due 3/15/2019 (PR)
|
|
E-Filing Notification: Document filed improperly as a motion. Court terminated motion and modified docket text to correctly reflect filing event. No action required. RE #5 Joint NOTICE OF MOTION. Clerk to modify entry. (TF)
|
|
Filing 6
Joint MOTION for Extension of Time to File and entry of scheduling order, dtd 2/19/19 by Citizens Bank, N.A.. (Attachments: #1 Text of Proposed Order PROPOSED SCHEDULING ORDER)(Ainsworth, Kevin)
|
|
Filing 5
Joint NOTICE OF MOTION FOR EXTENSION OF TIME AND ENTRY OF SCHEDULING ORDER RE #6 by Citizens Bank, N.A..(Ainsworth, Kevin) Modified on 2/20/2019 (TF).
|
|
Filing 4
NOTICE of Appearance by Kevin N. Ainsworth on behalf of Citizens Bank, N.A. (Ainsworth, Kevin)
|
|
Filing 2
CONTINUATION OF EXHIBITS by Mary Beth Heinert, Richard H. Schultz, Jr. to #1 Complaint,, filed by Mary Beth Heinert, Richard H. Schultz, Jr. (Attachments: #1 Summons - Citizens Bank, N.A., #2 Summons - Perry Santillo, #3 Summons - Christopher Parris, #4 Summons - Dominic Siwik, #5 Summons - Paul Anthony Larocco, #6 Summons - John Piccarreto, #7 Summons - Thomas Brenner)(Widlanski, Benjamin)
|
|
Case assigned to Hon. David G. Larimer. Notification to Chambers of on-line civil opening. (TF)
|
|
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF)
|
|
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. (TF)
|
|
Filing 3
Summons Issued as to All Defendants. (TF)
|
|
Filing 1
COMPLAINT Class Action Complaint against Bank of America, N.A., Thomas Brenner, Citizens Bank, N.A., Paul Anthony LaRocco, Christopher Parris, John Piccarreto, Perry Santillo, Dominic Siwik $ 400 receipt number 0209-3348498, filed by Richard H. Schultz, Jr, Mary Beth Heinert. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Summons - Bank of America, N.A., #3 Exhibit Summons - Citizens Bank, N.A., #4 Exhibit Summons - Perry Santillo, #5 Exhibit Summons - Christopher Parris, #6 Exhibit Summons - Dominic Siwik, #7 Exhibit Summons - Paul Anthony LaRocco, #8 Exhibit Summons - John Piccarreto, #9 Exhibit Summons - Thomas Brenner)(Widlanski, Benjamin)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
