Citibank, N.A. et al v. Day
| Citibank, N.A., Jane Fraser and Amy B. Strawser |
| Brian George Day |
| Chris Kremer |
| 5:2024cv00067 |
| February 5, 2024 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| James C Dever |
| Robert B Jones |
| Robert T Numbers |
| Negotiable Instrument |
| 28 U.S.C. § 1331 Fed. Question |
| Defendant |
Docket Report
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This docket was last retrieved on September 4, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 AMENDED DOCUMENT by Chris Kremer. Amendment to #30 Notice of Appearance, #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #32 Memorandum in Support (Eisner, Benjamin) |
| Filing 32 Memorandum in Support regarding #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chris Kremer. (Eisner, Benjamin) |
| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chris Kremer. (Eisner, Benjamin) |
| Filing 30 Notice of Appearance filed by Benjamin Robert Eisner on behalf of Chris Kremer. (Eisner, Benjamin) |
| Filing 29 ANSWER to #5 Answer to Complaint,,, Counterclaim,, by Citibank, N.A., Jane Fraser. (Russell, Lauren) |
| Filing 28 Memorandum in Support regarding #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS for Insufficient Process and Insufficient Service of Process filed by Jane Fraser. (Russell, Lauren) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS for Insufficient Process and Insufficient Service of Process filed by Jane Fraser. (Attachments: #1 Text of Proposed Order) (Russell, Lauren) |
| Filing 26 Notice of Special Appearance for non-district by Erik L. Johnson on behalf of Citibank, N.A., Jane Fraser. (Johnson, Erik) |
| Filing 25 Notice of Special Appearance for non-district by Daniel Jt McKenna on behalf of Citibank, N.A., Jane Fraser. (McKenna, Daniel) |
| Filing 24 Memorandum in Support regarding #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Lack of Personal Jurisdiction, Insufficient Process and Insufficient Service of Process filed by Amy B. Strawser. (Attachments: #1 Exhibit Exhibit A - Day's Answer to Complaint, #2 Exhibit B - Arbitration Award) (Ellis, J.) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Lack of Personal Jurisdiction, Insufficient Process and Insufficient Service of Process filed by Amy B. Strawser. (Attachments: #1 Text of Proposed Order Proposed Order) (Ellis, J.) |
| Filing 22 Notice of Appearance filed by Sydney Plummer Davis on behalf of Amy B. Strawser. (Davis, Sydney) |
| Filing 21 Interrogatories filed by Brian George Day. (Attachments: #1 Proposed Order for Production of Account Records, #2 Proposed Order for Production of Financial Agreements, Prospectus, and Notice to Produce) (Stouch, L.) |
| Filing 20 MOTION for Production of Financial Agreements, Prospectus, etc. and Notice to Produce filed by Brian George Day. (Stouch, L.) |
Filing 19
ORDER granting #10 Motion for Extension of Time to Answer, #17 MOTION for Extension of Time to File Answer. Citibank, N.A. answer to counterclaim due 3/27/2024; Jane Fraser answer to counterclaim due 3/27/2024; Amy B. Strawser answer to counterclaim due 3/27/2024. Signed by Peter A. Moore, Jr., Clerk of Court on 2/27/2024. Copy sent via US Mail to Brian George Day c/o 9650 Strickland Road, Suite 103298, Raleigh, NC 27615. (Stouch, L.)
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Filing 18
ORDER REASSIGNING CASE. At the direction of the Court, and for the continued efficient administration of justice, the above-captioned case is reassigned to the Honorable Terrence W. Boyle, United States District Judge, for all further proceedings. United States District Judge James C. Dever III is no longer assigned to the case. All future documents should reflect the revised case number of 5:24-CV-67-BO-RJ. Signed by Peter A. Moore, Jr., Clerk of Court on 2/26/2024. Sent via US Mail to Brian George Day at c/o 9650 Strickland Road, Suite 103298, Raleigh, NC 27615. (Mann, Stephanie)
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #17 MOTION for Extension of Time to File Answer regarding #5 Answer to Complaint, Counterclaim. (Mann, Stephanie) |
| Filing 17 MOTION for Extension of Time to File Answer regarding #5 Answer to Complaint, Counterclaim filed by Citibank, N.A., Jane Fraser. (Russell, Lauren) |
| Filing 16 Mail sent to Jane Fraser Returned as Undeliverable regarding #6 Notice. (Mann, Stephanie) |
| Filing 15 Financial Disclosure Statement by Jane Fraser (Russell, Lauren) |
| Filing 14 Financial Disclosure Statement by Citibank, N.A. identifying Corporate Parent Citicorp LLC, Corporate Parent CITIGROUP, Inc. for Citibank, N.A., Citibank, N.A.. (Russell, Lauren) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #10 MOTION for Extension of Time to File Answer regarding #5 Answer to Complaint, Counterclaim. (Mann, Stephanie) |
| Filing 13 MOTION for Production of Accounting Records and Notice to Produce filed by Brian George Day. (Mann, Stephanie) |
| Filing 12 MOTION to Amend Counter-Complaint to Add Cross-Counter-Defendant regarding #5 Answer to Complaint, Counterclaim filed by Brian George Day. (Attachments: #1 Tracking Receipt, #2 Proposed Amended Answer, Counterclaim and Cross-Claim, #3 Exhibit A - Letter from Citi and attachments, #4 Exhibit B - Negotiable Notice of Acceptance and Discharge, #5 Exhibit C - Non-Negotiable Notice of Dishonor 7/23, #6 Exhibit D - Certificate of Dishonor, #7 Exhibit E - Memorandum of Law - Processing a Financial Statement, #8 Exhibit F - Contract by Affidavit, #9 Exhibit G - Letter from Brian George Day dated 12/7/2023 to Bernhardt and Strawser, P.A., #10 Exhibit H - Appointment of Power of Attorney, #11 Exhibit I - Private Discharge and Indemnity Bond, #12 Exhibit O - Notice of Memorandum of Law) (Mann, Stephanie) |
| Filing 11 Notice of Appearance filed by Lauren P. Russell on behalf of Citibank, N.A., Jane Fraser. (Russell, Lauren) |
| Filing 10 MOTION for Extension of Time to File Answer regarding #5 Answer to Complaint, Counterclaim filed by Amy B. Strawser. (Ellis, J.) |
| Filing 9 Financial Disclosure Statement by Amy B. Strawser (Ellis, J.) |
| Filing 8 Notice of Appearance filed by J. Nicholas Ellis on behalf of Amy B. Strawser. (Ellis, J.) |
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Filing 7
ORDER REFERRING MOTION to Magistrate Judge Numbers for a memorandum and recommendation on the defendant's motion to proceed in forma pauperis #2 and for frivolity review. Signed by District Judge James C. Dever III on 2/7/2024. (Mann, Stephanie) Sent via US Mail to Brian George Day, c/o 9650 Strickland Road, Suite 103298, Raleigh, NC 27615.
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| Motion Submitted to District Judge James C. Dever III regarding #2 MOTION for Leave to Proceed in forma pauperis. (Mann, Stephanie) |
| Filing 6 Notice regarding #1 Notice of Removal nd requirement to make a Notice of Appearance sent to Citibank, N.A. at P. O. Box 6000, Sioux Falls, SD 57117-6000; Jane Fraser, CEO of Citibank at 145 East 42nd Street, New York, NY 10017; Amy B. Strawser at 5821 Fairview Road, Suite 100, Charlotte, NC 28209 and a copy mailed to Pro Se Defendant, Brian George Day at c/o 9650 Strickland Road, Suite 103298, Raleigh, NC 27615 mailed via US Mail on February 6, 2024. (Rudd, D.) |
| Filing 5 ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Citibank, N.A., Jane Fraser, Amy B. Strawser by Brian George Day. (Attachments: #1 Exhibit A- Letter from Citi and attachments, #2 Exhibit B- Non-Negotiable Notice of Acceptance and Discharge, #3 Exhibit C- Non-Negotiable Notice of Dishonor 7/23, #4 Exhibit D- Non-Negotiable Notice of Dishonor 3/23, #5 Exhibit E- Memorandum of Law - Processing a Financial Statement, #6 Exhibit F- Contract by Affidavit, #7 Exhibit G- Letter from Brian George Day dated 12/7/2023 to Bernhardt and Strawser, P.A.) (Rudd, D.) |
| Filing 4 Financial Disclosure Statement filed by Brian George Day. (Rudd, D.) |
| Filing 3 Notice of Self-Representation filed by Brian George Day. (Rudd, D.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Brian George Day. (Rudd, D.) |
| Filing 1 NOTICE OF REMOVAL by Brian George Day from Wake County Superior Court, case number 24-CV-24601-910, filed by Brian George Day. (Attachments: #1 Exhibit State Court Pleadings, #2 Civil Cover Sheet) (Rudd, D.) |
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