NYCB Mortgage Company, LLC v. Capital Financial Mortgage Corporation et al
| NYCB Mortgage Company, LLC |
| Customers Bank, Park Avenue Abstract, Inc., Capital Financial Mortgage Corp., Donald Luciano, Commonwealth Land Title Insurance Company and Customers Bank Warehouse Lending |
| 1:2013cv02678 |
| December 4, 2013 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Patricia A Gaughan |
| Contract: Other |
| 23 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on February 18, 2014. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 Acknowledgment for receipt of remand received from Cuyahoga County Common Pleas Court. Related document(s) #21 . (B,R) |
| Filing 21 Certified copy of Memorandum Opinion and Order, Order of Remand, and docket sheet mailed to Cuyahoga County Court of Common Pleas with acknowledgement of receipt enclosed.Related document(s) #20 , #19 . (K,K) |
Filing 20
Order of Remand: This Court, having GRANTED plaintiff's Motion to Remand (Doc. #8 ), hereby REMANDS this matter to the Cuyahoga County Common Pleas Court for further proceedings. Judge Patricia A. Gaughan on 2/6/14. (LC,S) re #19
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| Filing 19 Memorandum Opinion and Order: Because Capital did not consent removal within the 30-day time limit, the unanimity requirement of 28 U.S.C. 1446 has not been met. The Court, therefore, GRANTS plaintiffs Motion to Remand and REMANDS this case to state court. Judge Patricia A. Gaughan on 2/6/14. (LC,S) re #8 |
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Order [non-document]: Plaintiff's Motion for Extension of Time to Respond to Motion to Dismiss is Granted. Plaintiff has 14 days from the ruling on the Motion to Remand to file a Brief in Opposition in the event the Motion to Remand is denied. Judge Patricia A. Gaughan on 2/6/14. (LC,S) re #18 Modified on 2/6/2014 (LC,S).
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| Filing 18 Motion for extension of time of 14 days to Respond to Motion to Dismiss of Customers Bank filed by Plaintiff NYCB Mortgage Company, LLC. Related document(s) #15 . (Milicic, Heidi) Modified text 2/6/2014 (K,K). |
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Order [non-document]: At the Plaintiff's request, Case Management Conference set 2/7/14 is continued to 3/7/14 at 8:45 a.m. Judge Patricia A. Gaughan on 1/23/14. (LC,S)
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| Filing 17 Reply to response to #8 Motion to remand to State Court [Reply Brief of Plaintiff NYCB Mortgage Company, LLC in Support of its Motion to Remand] filed by NYCB Mortgage Company, LLC. (Attachments: #1 Exhibit 1 - Unreported Cases, #2 Exhibit 2 - State Court Proceedings Certified Copies)(Milicic, Heidi) |
| Filing 16 Supplement to Exhibit A - Time-Stamped Third Amended Complaint (New Jersey) to #15 Motion to dismiss for failure to state a claim Motion to dismiss count III, IV, V, and VI of the Complaint filed by Customers Bank. Related document(s) #15 . (Fitzsimmons, Matthew) |
| Filing 15 Motion to dismiss Counts III, IV, V, and VI of the Complaint for failure to state a claim filed by Defendant Customers Bank. (Attachments: #1 Exhibit A to Customers' Motion to Dismiss Counts III, IV, V, and VI)(Fitzsimmons, Matthew) Modified to terminate incorrectly filed motion, modified text 1/13/2014 (K,K). |
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Filing 14
Case Management Conference Scheduling Order with case management conference set on 2/7/2014 at 9:15 a.m. to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 1/09/14. (D,Ma)
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| Filing 13 Opposition to #8 Motion to remand to State Court filed by Commonwealth Land Title Insurance Company. (Attachments: #1 Exhibit 1- Affidavit of Michael E. Joyce, #2 Exhibit 2 - Affidavit of John W. Harper, Jr, #3Exhibit 3 - Business Entity Filing History, #4Exhibit 4 - Affidavit of Richard T. Craven)(Sikora, Michael) Modified to add exhibit descriptions 1/10/2014 (K,K). |
| Filing 12 Supplement to Exhibit D to #11 Opposition, filed by Customers Bank. Related document(s) #11 . (Fitzsimmons, Matthew) |
| Filing 11 Opposition to #8 Motion to remand to State Court filed by Customers Bank. (Attachments: #1 Exhibit A to Brief in Opposition to Pltff Motion to Remand, #2 Exhibit B to Brief in Opposition to Pltff Motion to Remand, #3 Exhibit C to Brief in Opposition to Pltff Motion to Remand, #4 Exhibit D to Brief in Opposition to Pltff Motion to Remand)(Fitzsimmons, Matthew) |
| Filing 10 Corporate Disclosure Statement filed by Customers Bank. (Fitzsimmons, Matthew) |
| Filing 9 Memorandum in Support of #8 Motion to Remand filed by NYCB Mortgage Company, LLC. Related document(s) #8 . (Attachments: #1 Exhibit A - Cuyahoga County Court docket) (Milicic, Heidi) Modified text 12/27/2013 (K,K). |
| Filing 8 Motion to remand to State Court filed by Plaintiff NYCB Mortgage Company, LLC. (Milicic, Heidi) |
| Filing 7 Corporate Disclosure Statement filed by NYCB Mortgage Company, LLC. (Milicic, Heidi) |
| Filing 6 Answer to Complaint filed by Commonwealth Land Title Insurance Company. (Sikora, Michael) |
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Order [non-document]: Customers Bank's Motion for Enlargement of Time in Which to Move, Plead or Otherwise Respond to the Complaint is Granted to 1/10/14. Judge Patricia A. Gaughan on 12/12/13. (LC,S) re #5
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| Filing 5 Motion for extension of time until January 10, 2014 to answer , Move, Plead, or Otherwise Respond to the Complaint filed by Defendant Customers Bank. (Fitzsimmons, Matthew) |
| Filing 4 Notice of Consent to Removal of Customers Bank aka Customers Bank Warehouse Lending filed by Customers Bank. (Fitzsimmons, Matthew) |
| Filing 3 Magistrate Consent Form issued. (C,B) |
| Filing 2 Civil Cover Sheet to #1 Notice of Removal, filed by Commonwealth Land Title Insurance Company. (Sikora, Michael) Modified text and created link on 12/5/2013 (C,B). |
| Judge Patricia A. Gaughan assigned to case. (C,B) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (C,B) |
| Filing 1 Notice of Removal from Cuyahoga County Common Pleas, case number CV 13816619 Filing fee $ 400, receipt number 0647-6306747. Filed by Commonwealth Land Title Insurance Company. (Attachments: #1 Exhibit to Notice of Removal (summons & complaint)) (Sikora, Michael) Modified text on 12/5/2013 (C,B). |
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