Donoghue et al v. Nostro et al
Plaintiff: Premium Mortgage Corporation and Michael Donoghue
Defendant: Everett Financial, Inc. d/b/a Supreme Lending, Cynthia Nostro, David Popham, Dylan Randall, Everett Financial, Inc. and Everett Financial, Inc. doing business as Supreme Lending
Case Number: 6:2020cv06100
Filed: February 14, 2020
Court: US District Court for the Western District of New York
Presiding Judge: Mark W Pedersen
Referring Judge: Elizabeth A Wolford
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1681
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 8, 2021 Opinion or Order Filing 32 SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Motions to Join Parties/Amend Pleadings due by 6/7/2021. Motions to Compel Discovery due by 9/1/2021. Discovery completed by 9/30/2021. Plaintiff Expert Witness ID due by 10/29/2021. Defendant Expert Witness ID due by 12/15/2021. If no experts are identified by Plaintiff, then dispositivemMotions due by 11/29/2021. If there are experts identified, then dispositive motions will be due 3/4/22.. Signed by Hon. Mark W. Pedersen on 4/7/21. (KAP)
April 7, 2021 Opinion or Order Filing 31 Minute Entry for proceedings held before Hon. Mark W. Pedersen: Scheduling Conference held on 4/7/2021. Appearances: Sharon P. Stiller, Esq. by phone; Maureen Bass, Esq. by phone; Jeffrey J. Calabrese, Esq. by video; Steven E. Cole, Esq. by video; Anna S.M. McCarthy, Esq. by video; Jeremy M. Sher, Esq. by video. Scheduling Order to be issued. (Court Reporter FTR Gold.) (JB)
March 19, 2021 Opinion or Order Filing 30 ORDER: Scheduling Conference set for 4/7/2021 11:00 AM before Hon. Mark W. Pedersen. A joint proposed discovery plan is due to be filed at least 4 business days prior to the conference. The matter will take place via Zoom. Counsel of record will receive connection information from the Court within 24 hours of the proceeding. Signed by Hon. Mark W. Pedersen on 3/19/2021. (JB)
November 23, 2020 Opinion or Order Filing 29 DISCOVERY PLAN by Everett Financial, Inc..(Sher, Jeremy)
October 29, 2020 Opinion or Order Filing 28 STIPULATED PROTECTIVE ORDER. Signed by Hon. Mark W. Pedersen on 10/29/20. (KAP)
September 16, 2020 Opinion or Order Filing 27 Mediation Certification by Harold A. Kurland. Not settled, mediation complete. (AGW)
September 16, 2020 Opinion or Order Filing 26 Stipulation-Selection of Mediator by Everett Financial, Inc.. (Cole, Steven)
April 14, 2020 Opinion or Order ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM)
April 13, 2020 Opinion or Order Filing 25 Corporate Disclosure Statement by Premium Mortgage Corporation. (Attachments: #1 Certificate of Service)(Stiller, Sharon)
April 13, 2020 Opinion or Order Filing 24 ANSWER to #22 Answer to Amended Complaint,, Counterclaim, by Michael Donoghue, Premium Mortgage Corporation. (Attachments: #1 Certificate of Service)(Stiller, Sharon)
April 13, 2020 Opinion or Order Filing 23 ANSWER to #21 Answer to Amended Complaint,, Counterclaim, by Michael Donoghue, Premium Mortgage Corporation. (Attachments: #1 Certificate of Service)(Stiller, Sharon)
April 10, 2020 Opinion or Order ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
April 3, 2020 Opinion or Order Filing 22 Randall ANSWER to #15 Amended Complaint, , Amended COUNTERCLAIM against All Plaintiffs by Dylan Randall. (Attachments: #1 Exhibit A (Offer Letter), #2 Exhibit B (LO Contract), #3 Certificate of Service)(Calabrese, Jeffrey)
April 3, 2020 Opinion or Order Filing 21 Nostro ANSWER to #15 Amended Complaint, , Amended COUNTERCLAIM against All Plaintiffs by Cynthia Nostro. (Attachments: #1 Exhibit A (Offer Letter), #2 Exhibit B (LO Contract), #3 Certificate of Service)(Calabrese, Jeffrey)
April 3, 2020 Opinion or Order Filing 20 Popham ANSWER to #15 Amended Complaint, by David Popham. (Attachments: #1 Certificate of Service)(Calabrese, Jeffrey)
April 3, 2020 Opinion or Order ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM)
April 2, 2020 Opinion or Order Filing 19 ANSWER to #15 Amended Complaint, by Everett Financial, Inc..(Cole, Steven)
March 23, 2020 Opinion or Order Filing 18 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Mark W. Pedersen for all pretrial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/23/2020. (TF)
March 23, 2020 Opinion or Order ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM)
March 20, 2020 Opinion or Order Filing 17 ANSWER to #11 Answer to Complaint, Counterclaim by Michael Donoghue, Premium Mortgage Corporation.(Stiller, Sharon)
March 20, 2020 Opinion or Order Filing 16 ANSWER to #10 Answer to Complaint, Counterclaim by Michael Donoghue, Premium Mortgage Corporation.(Stiller, Sharon)
March 20, 2020 Opinion or Order Filing 15 AMENDED COMPLAINT against Everett Financial, Inc., Cynthia Nostro, David Popham, Dylan Randall, filed by Premium Mortgage Corporation, Michael Donoghue. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Stiller, Sharon)
March 4, 2020 Opinion or Order Filing 14 NOTICE of Appearance by Daniel James Altieri on behalf of Cynthia Nostro, David Popham, Dylan Randall (Attachments: #1 Certificate of Service)(Altieri, Daniel)
March 3, 2020 Opinion or Order Filing 13 NOTICE of Appearance by Anna S.M. McCarthy on behalf of Cynthia Nostro, David Popham, Dylan Randall (Attachments: #1 Certificate of Service)(McCarthy, Anna)
March 3, 2020 Opinion or Order ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM)
March 2, 2020 Opinion or Order Filing 12 ANSWER to Complaint by David Popham. (Attachments: #1 Certificate of Service)(Calabrese, Jeffrey)
March 2, 2020 Opinion or Order Filing 11 ANSWER to Complaint , COUNTERCLAIM against All Plaintiffs by Dylan Randall. (Attachments: #1 Exhibit A (Offer Letter), #2 Exhibit B (Agreement), #3 Certificate of Service)(Calabrese, Jeffrey)
March 2, 2020 Opinion or Order Filing 10 ANSWER to Complaint , COUNTERCLAIM against All Plaintiffs by Cynthia Nostro. (Attachments: #1 Exhibit A (Offer Letter), #2 Exhibit B (Agreement), #3 Certificate of Service)(Calabrese, Jeffrey)
March 2, 2020 Opinion or Order Filing 9 Corporate Disclosure Statement by Everett Financial, Inc.. (Cole, Steven)
March 2, 2020 Opinion or Order Filing 8 ANSWER to Complaint by Everett Financial, Inc..(Cole, Steven)
February 24, 2020 Opinion or Order Filing 7 STIPULATION AND ORDER, Answer due date updated to March 2, 2020 as to all defendants. Signed by Hon. Elizabeth A. Wolford on 2/24/2020. (TF)
February 21, 2020 Opinion or Order Filing 6 CERTIFICATE OF SERVICE by Cynthia Nostro, David Popham, Dylan Randall re #4 Stipulation to Extend Time to Answer (Calabrese, Jeffrey)
February 21, 2020 Opinion or Order Filing 5 NOTICE of Appearance by Steven E. Cole on behalf of Everett Financial, Inc. (Cole, Steven)
February 21, 2020 Opinion or Order Filing 4 STIPULATION to Extend Time to Answer by Cynthia Nostro, David Popham, Dylan Randall. (Calabrese, Jeffrey)
February 20, 2020 Opinion or Order Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (LMD)
February 20, 2020 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (LMD)
February 20, 2020 Opinion or Order 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. (LMD)
February 18, 2020 Opinion or Order Filing 3 NOTICE of Appearance by Jeffrey J. Calabrese on behalf of Cynthia Nostro, David Popham, Dylan Randall (Attachments: #1 Certificate of Service)(Calabrese, Jeffrey)
February 14, 2020 Opinion or Order Filing 2 DECLARATION signed by Jeremy Sher re #1 Notice of Removal, filed by Everett Financial, Inc. d/b/a Supreme Lending Certificate of Service. (Sher, Jeremy)
February 14, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL by All Defendants from Monroe County Supreme Court, case number E2020000167. (Filing fee $ 400 receipt number 0209-3740364), filed by All Defendants. (Attachments: #1 Index to Notice of Removal, #2 Documents, #3 Civil Cover Sheet)(Sher, Jeremy)

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Plaintiff: Premium Mortgage Corporation
Represented By: Sharon P. Stiller
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Plaintiff: Michael Donoghue
Represented By: Sharon P. Stiller
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Defendant: Everett Financial, Inc. d/b/a Supreme Lending
Represented By: Jeremy M. Sher
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Defendant: Cynthia Nostro
Represented By: Anna S.M. McCarthy
Represented By: Jeffrey J. Calabrese
Represented By: Daniel James Altieri
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Defendant: David Popham
Represented By: Anna S.M. McCarthy
Represented By: Jeffrey J. Calabrese
Represented By: Daniel James Altieri
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Defendant: Dylan Randall
Represented By: Anna S.M. McCarthy
Represented By: Jeffrey J. Calabrese
Represented By: Daniel James Altieri
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Defendant: Everett Financial, Inc.
Represented By: Jeremy M. Sher
Represented By: Steven E. Cole
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Defendant: Everett Financial, Inc. doing business as Supreme Lending
Represented By: Jeremy M. Sher
Represented By: Steven E. Cole
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