New York Northern District Court
Judge:Glenn T Suddaby
Referred: David E Peebles
Case #: 5:16-cv-00010
Nature of Suit220 Real Property - Foreclosure
Cause28:1332 Diversity-Contract Dispute
Case Filed:Jan 04, 2016
Terminated:Sep 12, 2016
Last checked: Saturday Jul 02, 2016 6:30 AM EDT
Defendant
Capital One Bank (USA) NA
Defendant
Diane Whaley
Defendant
Harvey F. Whaley
Plaintiff
U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust
Represented By
Stephen J. Vargas
Gross, Polowy Law Firm - Westbury Office
contact info
Keith R. Young
Keith R. Young, Esq.
contact info
Amy E. Polowy
Gross Polowy Llc - Williamsville Office
contact info


Docket last updated: 04/15/2024 11:59 PM EDT
Tuesday, September 20, 2016
24 24 notice Notice - Other Tue 09/20 12:03 PM
NOTICE by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Notice to Cancel Lis Pendens (Vargas, Stephen)
Related: [-]
Monday, September 12, 2016
23 23 order Order Dismissing Case Mon 09/12 9:48 AM
ORDER approving22 Notice of Voluntary Dismissal based upon settlement. Signed by Magistrate Judge David E. Peebles on 9/12/16. (sal )
Related: [-]
Friday, September 09, 2016
22 22 notice Notice of Voluntary Dismissal Fri 09/09 12:26 PM
NOTICE of Voluntary Dismissal by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (Vargas, Stephen)
Related: [-]
Tuesday, July 12, 2016
21 21 order Order ~Util - Set Deadlines Tue 07/12 5:40 PM
TEXT ORDER : Based upon the recent20 Status Report filed with the court, plaintiff's counsel is directed to file either a motion for default judgment or a further status report on or before 9/12/2016. Authorized by Magistrate Judge David E. Peebles on 7/12/16. (sal )
Related: [-]
20 20 misc Status Report Tue 07/12 3:05 PM
STATUS REPORT by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (Vargas, Stephen)
Related: [-]
Friday, May 13, 2016
19 19 order Order ~Util - Set Deadlines Fri 05/13 3:54 PM
TEXT ORDER : Plaintiff's counsel is directed to file either a motion for default judgment or a status report on or before 7/15/2016. Authorized by Magistrate Judge David E. Peebles on 5/13/16. (sal )
Related: [-]
18 18 misc Status Report Fri 05/13 12:29 PM
STATUS REPORT by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (Vargas, Stephen)
Related: [-]
17 17 notice Notice of Appearance Fri 05/13 12:29 PM
NOTICE of Appearance by Stephen J. Vargas on behalf of U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (Vargas, Stephen)
Related: [-]
Tuesday, March 15, 2016
16 16 order Order Tue 03/15 4:04 PM
TEXT ORDER re15 Status Report: Plaintiff's counsel is directed to file either a motion for default judgment or a status report on or before 5/16/2016. Authorized by Magistrate Judge David E. Peebles on 3/15/16. (sal )
Related: [-]
15 15 misc Status Report Tue 03/15 1:39 PM
STATUS REPORT Request for extension to file motion due to loss mitigation review by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (Polowy, Amy)
Related: [-]
Monday, March 07, 2016
14 14 order Order on Motion to Withdraw Mon 03/07 9:45 AM
TEXT ORDER granting13 Motion to Withdraw as Counsel of Record for the Plaintiff by Keith Young, Esq.. The law office of Gross Polowy LLC remains counsel of record for the plaintiff in this matter. Authorized by Magistrate Judge David E. Peebles on 3/7/16. (sal )
Related: [-]
Thursday, March 03, 2016
13 13 motion Withdraw Thu 03/03 9:45 AM
MOTION to Withdraw Keith Young, Esq. as attorney for Plaintiff filed by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. Motions referred to David E. Peebles. (Polowy, Amy)
Related: [-]
12 12 notice Notice of Appearance Thu 03/03 9:43 AM
NOTICE of Appearance by Amy E. Polowy on behalf of U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (Polowy, Amy)
Related: [-]
Wednesday, February 17, 2016
11 11 notice Notice of Lis Pendens Wed 02/17 12:14 PM
NOTICE of Lis Pendens by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (Young, Keith)
Related: [-]
10 10 order Order Wed 02/17 9:23 AM
TEXT ORDER : According to the docket sheet,9 Clerk's Entry of Default has been entered against defendants Harvey F. Whaley, Diane Whaley, Capital One Bank (USA) NA. Plaintiff's counsel is therefore directed to file either a motion for default judgment or a status report on or before 3/18/2016. Authorized by Magistrate Judge David E. Peebles on 2/17/16. (sal)
Related: [-]
Tuesday, February 16, 2016
9 9 order Clerks Entry of Default Tue 02/16 1:06 PM
CLERK'S ENTRY OF DEFAULT: as to Diane Whaley, Harvey F. Whaley and Capital One Bank (USA) NA, Approving the #8 Request for Entry of Default. (jmb)
Related: [-]
Monday, February 15, 2016
8 8 misc Request for Entry of Default Mon 02/15 3:47 PM
REQUEST FOR ENTRY OF DEFAULT as to Capital One Bank (USA) NA, Diane Whaley, Harvey F. Whaley by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust.(Young, Keith)
Related: [-]
Att: 1 Affidavit Non Military Affidavit
Wednesday, January 27, 2016
7 7 service Summons Returned Executed Wed 01/27 2:27 PM
SUMMONS Returned Executed by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. Diane Whaley served on 1/21/2016, answer due 2/11/2016; Harvey F. Whaley served on 1/21/2016, answer due 2/11/2016. (Young, Keith)
Related: [-]
Tuesday, January 26, 2016
6 6 service Summons Returned Executed Tue 01/26 1:19 PM
SUMMONS Returned Executed by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. Capital One Bank (USA) NA served on 1/20/2016, answer due 2/10/2016. (Young, Keith)
Related: [-]
Thursday, January 14, 2016
5 5 misc Affidavit Thu 01/14 11:55 AM
AFFIDAVIT Certificate of Merit Pursuant to CPLR 3012-b by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (Young, Keith)
Related: [-]
Wednesday, January 13, 2016
4 4 misc FRCP 7.1 Corporate Disclosure Statement Wed 01/13 5:04 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust identifying Corporate Parent U.S. Bank, N.A., Other Affiliate U.S. Bancorp for U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust.. (Young, Keith)
Related: [-]
3 3 misc Affidavit Wed 01/13 5:02 PM
AFFIDAVIT Certificate of Merit Pursuant to CPLR 3012-b by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (Young, Keith)
Related: [-]
Tuesday, January 05, 2016
2 2 service Summons Issued Thu 01/07 11:42 AM
Summons Issued as to Diane Whaley.(jmb)
Related: [-]
Att: 1 Summons issued for Harvey F. Whaley,
Att: 2 Summons issued for Capital One Bank (USA) NA
Monday, January 04, 2016
1 1 14 pgs cmp Complaint Thu 01/07 11:38 AM
COMPLAINT: against Diane Whaley, Harvey F. Whaley and Capital One Bank (USA) NA, (Filing fee $400 receipt number 0206-3529984) filed by U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (jmb)
Related: [-]
Att: 1 Civil Cover Sheet