U.S. Bank National Association v. Guastella et al
New York Eastern District Court | |
Judge: | Denis R Hurley |
Referred: | Anne Y Shields |
Case #: | 2:17-cv-02439 |
Nature of Suit | 220 Real Property - Foreclosure |
Cause | 28:1332 Diversity-Contract Default |
Case Filed: | Apr 24, 2017 |
Terminated: | Mar 16, 2020 |
Last checked: Saturday Oct 21, 2017 5:11 AM EDT |
Defendant
Clerk of the Suffolk County District Court
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Defendant
Clerk of the Suffolk County Traffic & Parking Violations Agency
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Defendant
Christine Guastella
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Represented By
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Defendant
Vincent Guastella
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Represented By
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Plaintiff
U.S. Bank National Association
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Represented By
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Docket last updated: 3 hours ago |
Monday, November 29, 2021 | ||
44 | 44
notice
Notice(Other)
Mon 11/29 11:35 AM
NOTICE by U.S. Bank National Association Referee's Report of Sale (Vargas, Stephen) |
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Wednesday, November 10, 2021 | ||
43 | 43
notice
Notice(Other)
Wed 11/10 12:46 PM
NOTICE by U.S. Bank National Association Surplus Monies Form (Vargas, Stephen) |
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Monday, March 16, 2020 | ||
42 | 42
7
pgs
order
Order - Decree of Foreclosure
Mon 03/16 11:34 AM
DECREE of Foreclosure: The Consent Judgment of Foreclosure and Sale is So Ordered. Having entered the Judgment of Foreclosure and Sale, the Clerk of Court is directed to close this case. The closing of the case does not prevent the filing of referee report or other materials, including any motion for a deficiency judgment. Ordered by Judge Denis R. Hurley on 3/16/2020. (Hoon, Megha) |
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Thursday, March 12, 2020 | ||
41 | 41
notice
Notice(Other)
Thu 03/12 2:27 PM
NOTICE by U.S. Bank National Association re37 MOTION for Default Judgment of forclosure and sale (Vargas, Stephen) |
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Thursday, March 05, 2020 | ||
order
Scheduling Order
Thu 03/05 2:32 PM
SCHEDULING ORDER: re Order Referring Motion By order dated January 30, 2020, this foreclosure matter was referred to this Court for report and recommendation with respect to Plaintiffs motion for a judgment of default. A review of the docket reveals that Defendants Vincent and Christine Guastella (the Guastellas) initially answered the complaint herein. It also appears that after entering into a stipulation of settlement, Plaintiff withdrew its claim for a deficiency judgment against the Guastellas. The docket also reflects that some unspecified monetary compensation has been paid to the Guastellas. They thereafter agreed to withdraw their answer, and to entry of a consent judgment. It is unclear whether the compensation paid to the Guastellas and the Plaintiffs agreement with respect to any deficiency judgment affects the judgment sought in the pending motion. Further, if the Guastellas have in fact, agreed to entry of a consent judgment, it is also unclear as to why Plaintiff has not simply submitted a consent judgment, instead of finding it necessary to make a motion seeking the relief that has already been agreed upon. In view of the foregoing, the Court directs counsel to submit a letter explaining the compensation paid to the Guastellas, whether that compensation has any effect on the amounts due under the mortgage at issue, and explaining the necessity for motion practice, rather than submission of an agreed upon consent judgment. Plaintiff shall respond to this Order on or before March 12, 2020. Ordered by Magistrate Judge Anne Y. Shields on 3/5/2020. (Shields, Anne) |
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Thursday, January 30, 2020 | ||
order
Order Referring Motion
Thu 01/30 9:31 AM
ORDER REFERRING MOTION:37 MOTION for Default Judgment: Pursuant to Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1), Plaintiff's motion for default judgment is respectfully REFERRED to United States Magistrate Judge Shields to issue a Report & Recommendation as to whether Plaintiff has demonstrated that the allegations in the Complaint establish the Defendants' liability such that the motion for default judgment should be granted, and, if so, to determine the appropriate amount of damages, costs, and/or fees, if any, to be awarded. It is further ORDERED that the scope of the foregoing reference shall be deemed to encompass such additional authority as reasonable or necessary to perform the foregoing duties and as is not inconsistent with the Constitution and laws of the United States. Ordered by Judge Denis R. Hurley on 1/30/2020. Motions referred to Anne Y. Shields. (Hoon, Megha) |
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Wednesday, January 29, 2020 | ||
40 | 40
service
Affidavit of Service
Wed 01/29 4:09 PM
AFFIDAVIT of Service for Notice of Motion for default Judgment of Forclosure and Sale served on All defendants on 01/29/2020, filed by U.S. Bank National Association. (Vargas, Stephen) |
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39 | 39
respm
Affidavit/Declaration in Support of Motion
Wed 01/29 4:05 PM
AFFIDAVIT/DECLARATION in Support re37 MOTION for Default Judgment of forclosure and sale filed by U.S. Bank National Association. (Vargas, Stephen) |
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Att: 1 Exhibit A, | ||
Att: 2 Exhibit B, | ||
Att: 3 Exhibit C, | ||
Att: 4 Exhibit D, | ||
Att: 5 Exhibit E, | ||
Att: 6 Exhibit F, | ||
Att: 7 Exhibit G, | ||
Att: 8 Exhibit H, | ||
Att: 9 Exhibit I, | ||
Att: 10 Exhibit J, | ||
Att: 11 Exhibit K, | ||
Att: 12 Exhibit L, | ||
Att: 13 Exhibit M, | ||
Att: 14 Proposed Judgment Order | ||
38 | 38
17
pgs
respoth
Memorandum in Support
Wed 01/29 3:59 PM
MEMORANDUM in Support re37 MOTION for Default Judgment of forclosure and sale filed by U.S. Bank National Association. (Vargas, Stephen) |
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37 | 37
motion
Default Judgment
Wed 01/29 3:58 PM
MOTION for Default Judgment of forclosure and sale by U.S. Bank National Association. (Vargas, Stephen) |
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Thursday, January 16, 2020 | ||
order
Order(Other)
Thu 01/16 9:57 AM
ORDER re36 : As per the Court's September 27, 2019 Order, Plaintiff was already given leave to file a motion for default judgment. Plaintiff is directed to file its motion for default judgment on or before February 14, 2020. Counsel is reminded that applications for a pre-motion conference should be filed as letter applications rather than motions. Ordered by Judge Denis R. Hurley on 1/16/2020. (Hoon, Megha) |
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Wednesday, January 15, 2020 | ||
36 | 36
motion
Pre Motion Conference
Wed 01/15 7:27 AM
Letter application for pre motion conference by U.S. Bank National Association. (Vargas, Stephen) Modified on 1/16/2020 (Cubano, Jazmin). |
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utility
Terminate Motions (filed in error)
Thu 01/16 8:53 AM
Motions terminated, docketed incorrectly:36 MOTION for pre motion conference filed by U.S. Bank National Association. . (Cubano, Jazmin) |
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Friday, October 11, 2019 | ||
35 | 35
order
Clerks Entry of Default
Fri 10/11 1:55 PM
Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendants Christine Guastella and Vincent Guastella have failed to appear or otherwise defend this action, the defaults of defendant Christine Guastella and Vincent Guastella are hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Toritto, Jim) |
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Tuesday, October 08, 2019 | ||
34 | 34
misc
Request for Certificate of Default
Tue 10/08 12:50 PM
Request for Certificate of Default by U.S. Bank National Association (Vargas, Stephen) |
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Att: 1 Affidavit Non-Military Affidavit and affidavits of service | ||
Friday, September 27, 2019 | ||
order
Order(Other)
Fri 09/27 10:38 AM
ORDER re33 : The Court has reviewed Defendants Christine and Vincent Guastella's response confirming that they agree to withdraw their Answer at DE22 . The Answer is hereby withdrawn. Plaintiff is directed to file its request for a certificate of default, after which Plaintiff may file its motion for default judgment without requesting leave from the Court. Ordered by Judge Denis R. Hurley on 9/27/2019. (Bochner, Francesca) |
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Thursday, September 26, 2019 | ||
33 | 33
1
pgs
misc
Letter
Thu 09/26 12:41 PM
Letter BY DEFENDANTS WITHDRAWING THEIR ANSWER by Christine Guastella, Vincent Guastella (Fish, Richard) |
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Thursday, September 19, 2019 | ||
order
Order on Motion for Extension of Time to File Response/Reply
Thu 09/19 9:47 AM
ORDER granting32 : The Motion for a one week extension of time to respond to the Court's prior order is granted, and Defendants shall file their response on or before September 26, 2019. Ordered by Judge Denis R. Hurley on 9/19/2019. (Bochner, Francesca) |
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Wednesday, September 18, 2019 | ||
32 | 32
motion
Extension of Time to File Response/Reply
Wed 09/18 1:46 PM
Letter MOTION for Extension of Time to File Response/Reply to Court Order of September 12, 2019 by Christine Guastella, Vincent Guastella. (Fish, Richard) |
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Thursday, September 12, 2019 | ||
order
Order(Other)
Thu 09/12 10:19 AM
ORDER re31 : The Court has reviewed Plaintiff's status report explaining that the Parties have settled and pursuant to such settlement Defendants Vincent and Christine Guastella seek to withdraw their answer. Such Defendants are directed to file a letter on ECF on or before September 19, 2019, confirming that they intend to withdraw their answer. The Court will then set a briefing schedule for Plaintiff's motion for default judgment. Ordered by Judge Denis R. Hurley on 9/12/2019. (Bochner, Francesca) |
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Wednesday, September 11, 2019 | ||
31 | 31
misc
Status Report
Wed 09/11 8:20 AM
STATUS REPORT by U.S. Bank National Association (Vargas, Stephen) |
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Wednesday, March 27, 2019 | ||
30 | 30
minutes
Initial Conference Hearing
Wed 03/27 4:31 PM
Minute Order for proceedings held before Magistrate Judge Anne Y. Shields:Initial Conference Hearing held on 3/27/2019. See Minute Order for details. So Ordered by Magistrate Judge Anne Y. Shields. (FTR Log #11:18-11:27.) (Torres, Jasmine) |
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Monday, March 11, 2019 | ||
29 | 29
misc
Report of Rule 26(f) Planning Meeting
Mon 03/11 10:57 AM
REPORT of Rule 26(f) Planning Meeting (Fish, Richard) |
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Friday, January 11, 2019 | ||
28 | 28
motion
Adjourn Conference
Fri 01/11 2:38 PM
Letter MOTION to Adjourn Conference on consent by Christine Guastella, Vincent Guastella. (Fish, Richard) |
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order
Order on Motion to Adjourn Conference
Fri 01/11 3:14 PM
ELECTRONIC ORDER granting28 Motion to Adjourn Conference. Upon counsels' request, the initial conference scheduled for March 13, 2019 is ADJOURNED to March 27, 2019 at 11:00 AM in courtroom 830 of the Central Islip courthouse. So Ordered by Magistrate Judge Anne Y. Shields on 1/11/2019. (Mucciaccio, Dina) |
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Wednesday, December 26, 2018 | ||
27 | 27
order
Scheduling Order
Wed 12/26 10:08 AM
ORDER: Initial Conference set for 3/13/2019 at 11:00 AM in Courtroom 830 before Magistrate Judge Anne Y. Shields. See Order and Attachment. So Ordered by Magistrate Judge Anne Y. Shields on 12/26/2018. (Torres, Jasmine) |
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Att: 1 AYS Rules | ||
Tuesday, December 11, 2018 | ||
order
Order(Other)
Tue 12/11 4:03 PM
ORDER re24 ,25 ,26 : The Court has reviewed Plaintiff's request for a pre-motion conference for a proposed motion for summary judgment, as well as Defendants' response in opposition. Plaintiff's request is denied as untimely, as no discovery has been conducted in this matter. Plaintiff is not granted leave to renew its' request until discovery is complete. The Parties are directed to address all inquiries regarding discovery and scheduling to Magistrate Judge Shields. Ordered by Judge Denis R. Hurley on 12/11/2018. (Bochner, Francesca) |
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Monday, November 12, 2018 | ||
26 | 26
misc
Letter
Mon 11/12 12:40 PM
Letter (correction) in response to Plaintiff's letter motion seeking a pre-motion conference and permission to file a motion for summary judgment by Christine Guastella, Vincent Guastella (Fish, Richard) |
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25 | 25
misc
Letter
Mon 11/12 12:29 PM
Letter in response to Plaintiff's letter motion seeking a pre-motion conference and permission to file a motion for summary judgment by Christine Guastella, Vincent Guastella (Fish, Richard) |
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Thursday, November 08, 2018 | ||
24 | 24
motion
Pre Motion Conference
Thu 11/08 2:05 PM
Letter MOTION for pre motion conference for leave to file summary judgment by U.S. Bank National Association. (Vargas, Stephen) |
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utility
Terminate Motions (filed in error)
Fri 11/09 9:18 AM
Motions terminated, docketed incorrectly:24 Letter MOTION for pre motion conference for leave to file summary judgment filed by U.S. Bank National Association. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made.) (Cubano, Jazmin) |
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Tuesday, October 16, 2018 | ||
23 | 23
answer
Answer to Counterclaim
Tue 10/16 8:18 AM
Plaintiff's Reply to Counterclaim ANSWER to22 Answer to Complaint, Counterclaim by U.S. Bank National Association. (Vargas, Stephen) |
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Att: 1 Affidavit of Service | ||
Tuesday, September 25, 2018 | ||
22 | 22
answer
Answer to Complaint Counterclaim
Tue 09/25 9:21 AM
ANSWER to Complaint Affirmative Defenses , First COUNTERCLAIM against U.S. Bank National Association by Christine Guastella, Vincent Guastella. (Fish, Richard) |
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Tuesday, September 11, 2018 | ||
21 | 21
9
pgs
order
Order on Motion to Dismiss
Tue 09/11 2:36 PM
ORDER denying19 : The Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) is denied in its entirety. See attached Order. Ordered by Judge Denis R. Hurley on 9/11/2018. (Bochner, Francesca) |
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Thursday, February 08, 2018 | ||
20 | 20
2
pgs
misc
Letter
Thu 02/08 1:36 PM
Letter to Hon. Justice Denis R. Hurley with attached recent decision by the Appellate Division, Second Dep't entitled MSMJ Realty, LLC. v. DLJ Mtge. Capital, Inc. by Christine Guastella, Vincent Guastella (Fish, Richard) |
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Att: 1 Exhibit | ||
Monday, November 27, 2017 | ||
19 | 19
motion
Dismiss
Mon 11/27 10:29 AM
MOTION to Dismiss Plaintiff's Complaint as Time Barred by Christine Guastella, Vincent Guastella. Responses due by 11/30/2017 (Fish, Richard) |
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Att: 1 Affidavit, | ||
Att: 2 Affidavit, | ||
Att: 3 Affidavit of Service, | ||
Att: 4 Exhibit, | ||
Att: 5 Exhibit, | ||
Att: 6 Exhibit, | ||
Att: 7 Exhibit, | ||
Att: 8 Exhibit, | ||
Att: 9 Memorandum in Support, | ||
Att: 10 Declaration, | ||
Att: 11 Memorandum in Opposition, | ||
Att: 12 Memorandum in Support | ||
Monday, October 23, 2017 | ||
order
Order on Motion for Extension of Time to File Response/Reply
Mon 10/23 9:46 AM
ORDER granting18 Motion for Extension of Time to File Response/Reply: The application is granted and the proposed briefing schedule So Ordered. Ordered by Judge Denis R. Hurley on 10/23/2017. (Bochner, Francesca) |
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Friday, October 20, 2017 | ||
18 | 18
motion
Extension of Time to File Response/Reply
Fri 10/20 12:21 PM
MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by U.S. Bank National Association. (Vargas, Stephen) |
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Monday, September 18, 2017 | ||
order
Order on Motion for Extension of Time to File
Mon 09/18 9:49 AM
ORDER granting17 : The Motion for Extension of Time to File is granted and the proposed briefing schedule So Ordered. Ordered by Judge Denis R. Hurley on 09/18/2017. (Bochner, Francesca) |
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Friday, September 15, 2017 | ||
17 | 17
motion
Extension of Time to File Document
Fri 09/15 1:07 PM
Letter MOTION for Extension of Time to File motion to dismiss which request is on consent by Christine Guastella, Vincent Guastella. (Fish, Richard) |
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Tuesday, August 15, 2017 | ||
order
Order on Motion to Amend/Correct/Supplement
Tue 08/15 12:46 PM
ORDER granting16 Motion to Amend/Correct/Supplement: The application is granted and the proposed modified briefing schedule is so ordered. Ordered by Judge Denis R. Hurley on 8/15/2017. (Bochner, Francesca) |
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Monday, August 14, 2017 | ||
16 | 16
motion
Amend/Correct/Supplement
Mon 08/14 4:16 PM
Letter MOTION to Amend/Correct/Supplement scheduling order which is on consent of opposing counsel and filed by Christine Guastella, Vincent Guastella. (Fish, Richard) |
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Tuesday, August 08, 2017 | ||
15 | 15
order
Clerks Entry of Default
Tue 08/08 8:53 AM
Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendants Clerk of the Suffolk County District Court, and Clerk of the Suffolk County Traffic & Parking Violations Agency have failed to appear or otherwise defend this action, the defaults of defendants Clerk of the Suffolk County District Court, and Clerk of the Suffolk County Traffic & Parking Violations Agency are hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Toritto, Jim) |
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Friday, July 28, 2017 | ||
14 | 14
misc
Request for Certificate of Default
Fri 07/28 2:45 PM
Request for Certificate of Default by U.S. Bank National Association (Vargas, Stephen) |
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Att: 1 Affidavit Non Military Affidavit | ||
order
Order on Motion for Pre Motion Conference
Fri 07/28 11:54 AM
ORDER re13 Motion for Pre Motion Conference: The Court is in receipt of defendants' request for a pre-motion conference for their proposed motion to dismiss pursuant to Rule 12(b); plaintiff has not responded. The Court waives its requirement for a pre-motion conference and sets the following briefing schedule for the proposed motion: defendants shall serve, but not file, moving papers on or before August 28, 2017; plaintiff shall serve, but not file, opposing papers on or before September 29, 2017; defendants shall serve reply papers, if any, and file all papers with the Court, including a courtesy copy for Chambers, on or before October 17, 2017. Counsel is reminded that to the extent the motion is premised on Rule 12(b)(6), a court is generally limited to the complaint and documents attached thereto, see Fed. R. Civ. P. 12(d); Nakahata v. N.Y.-Presbyterian Healthcare Sys., Inc., 723 F.3d 192, 202 (2d Cir. 2013), and therefore if materials outside the complaint are proffered, counsel must address why said materials are properly considered. Ordered by Judge Denis R. Hurley on 7/28/2017. (Gapinski, Michele) |
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Friday, July 14, 2017 | ||
13 | 13
motion
Pre Motion Conference
Fri 07/14 2:25 PM
Letter MOTION for pre motion conference by Christine Guastella, Vincent Guastella. (Fish, Richard) |
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Att: 1 Exhibit, | ||
Att: 2 Exhibit, | ||
Att: 3 Exhibit, | ||
Att: 4 Exhibit | ||
Wednesday, July 05, 2017 | ||
12 | 12
service
Summons Returned Executed
Wed 07/05 12:42 PM
SUMMONS Returned Executed by U.S. Bank National Association. Clerk of the Suffolk County District Court served on 6/27/2017, answer due 7/18/2017. (Vargas, Stephen) |
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11 | 11
service
Summons Returned Executed
Wed 07/05 12:41 PM
SUMMONS Returned Executed by U.S. Bank National Association. Clerk of the Suffolk County Traffic & Parking Violations Agency served on 6/29/2017, answer due 7/20/2017. (Vargas, Stephen) |
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10 | 10
service
Summons Returned Executed
Wed 07/05 12:40 PM
SUMMONS Returned Executed by U.S. Bank National Association. Vincent Guastella served on 6/28/2017, answer due 7/19/2017. (Vargas, Stephen) |
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9 | 9
service
Summons Returned Executed
Wed 07/05 12:39 PM
SUMMONS Returned Executed by U.S. Bank National Association. Christine Guastella served on 6/28/2017, answer due 7/19/2017. (Vargas, Stephen) |
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Wednesday, June 07, 2017 | ||
8 | 8
notice
Notice of Lis Pendens
Wed 06/07 11:22 AM
NOTICE of Lis Pendens by U.S. Bank National Association (Vargas, Stephen) |
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Friday, June 02, 2017 | ||
7 | 7
notice
Notice of Lis Pendens
Fri 06/02 12:01 PM
NOTICE of Lis Pendens by U.S. Bank National Association (Vargas, Stephen) |
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Wednesday, April 26, 2017 | ||
6 | 6
notice
Notice(Other)
Wed 04/26 10:04 AM
NOTICE by U.S. Bank National Association Certificate of Merit Pursuant to CPLR 3012-b (Vargas, Stephen) |
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Tuesday, April 25, 2017 | ||
5 | 5
service
Summons Issued
Tue 04/25 10:39 AM
Summons Issued as to All Defendants. (Rodin, Deanna) |
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4 | 4
misc
Clerks Notice of Rule 73
Tue 04/25 10:37 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) |
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3 | 3
misc
Quality Control Check - Attorney Case Opening
Tue 04/25 10:35 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
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utility
Case Assigned/Reassigned
Tue 04/25 10:37 AM
Case Assigned to Judge Denis R. Hurley and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) |
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Monday, April 24, 2017 | ||
2 | 2
misc
Corporate Disclosure Statement
Mon 04/24 3:54 PM
Corporate Disclosure Statement by U.S. Bank National Association identifying Corporate Parent U.S. Bank N.A., Other Affiliate U.S. Bancorp for U.S. Bank National Association. (Vargas, Stephen) |
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1 | 1
cmp
Complaint
Mon 04/24 3:19 PM
COMPLAINT against Clerk of the Suffolk County District Court, Clerk of the Suffolk County Traffic & Parking Violations Agency, Christine Guastella, Vincent Guastella filing fee $ 400, receipt number 0207-9472629 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by U.S. Bank National Association. (Vargas, Stephen) |
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Att: 1 Civil Cover Sheet, | ||
Att: 2 Proposed Summons for all Defendants, | ||
Att: 3 Certificate of Merit Pursuant to CPLR 3012-b |