Vullo v. Office of the Comptroller of the Currency et al
| New York Southern District Court | |
| Judge: | Naomi Reice Buchwald |
| Case #: | 1:17-cv-03574 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:702 Administrative Procedure Act |
| Case Filed: | May 12, 2017 |
| Terminated: | Dec 13, 2017 |
| Last checked: Wednesday Nov 08, 2017 4:27 AM EST |
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Defendant
Office of the Comptroller of the Currency
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Represented By
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Defendant
Keith A. Noreika
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Represented By
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Plaintiff
Maria T. Vullo
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Represented By
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| Docket last updated: 05/09/2025 11:59 PM EDT |
| Wednesday, December 13, 2017 | ||
| 31 | 31
order
Judgment - Clerk
Wed 12/13 10:54 AM
CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum and Order dated December 12, 2017, Defendants' motion to dismiss (ECF No. 18) for lack of subject matter jurisdiction is granted without prejudice; having concluded that the Court lacks subject matter jurisdiction in this case, the Court does not reach defendants' motion to dismiss for failure to prosecute. (Signed by Clerk of Court Ruby Krajick on 12/13/2017)(dt) |
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Att: 1
Notice of Right to Appeal
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| Tuesday, December 12, 2017 | ||
| 30 | 30
27
pgs
order
Order on Motion to Dismiss
Tue 12/12 12:13 PM
MEMORANDUM AND ORDER: granting without prejudice18 Motion to Dismiss. Defendants' motion to dismiss (ECF No. 18) for lack of subject matter jurisdiction is granted without prejudice. See Katz v. Donna Karan Co., 872 F.3d 114, 121 (2d Cir. 2017) ("[W]hen a case is dismissed for lack of federal subject matter jurisdiction, Article III deprives federal courts of the power to dismiss the case with prejudice. As a result, where a case is dismissed forlack of Article III standing, as here, that disposition cannot be entered with prejudice, and instead must be dismissed without prejudice.") (internal citations omitted) (emphasis in original). Having concluded that the Court lacks subject matter jurisdiction in this case, we do not reach defendants' motion to dismiss for failure to state a claim. (Signed by Judge Naomi Reice Buchwald on 12/12/2017) (ama) |
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misc
Transmission to Judgments and Orders Clerk
Tue 12/12 12:14 PM
Transmission to Judgments and Orders Clerk. Transmitted re:30 Order on Motion to Dismiss,,,, to the Judgments and Orders Clerk. (ama) |
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| Friday, December 01, 2017 | ||
| 29 | 29
misc
Letter
Fri 12/01 4:23 PM
LETTER addressed to Judge Naomi Reice Buchwald from AUSA Christopher Connolly dated December 1, 2017 re: OCC's response to DFS's letter dated November 28, 2017. Document filed by Keith A. Noreika, Office of the Comptroller of the Currency.(Connolly, Christopher) |
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| Wednesday, November 29, 2017 | ||
| 28 | 28
misc
Notice of Filing Transcript
Wed 11/29 3:08 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 11/21/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
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| 27 | 27
misc
Transcript
Wed 11/29 3:02 PM
TRANSCRIPT of Proceedings re: ARGUMENT held on 11/21/2017 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2017. Redacted Transcript Deadline set for 1/2/2018. Release of Transcript Restriction set for 2/27/2018.(McGuirk, Kelly) |
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| Tuesday, November 28, 2017 | ||
| 26 | 26
misc
Letter
Tue 11/28 1:02 PM
LETTER addressed to Judge Naomi Reice Buchwald from Matthew L. Levine dated November 28, 2017 re: Letter from Plaintiff in followup to oral argument held Nov. 21, 2017. Document filed by Maria T. Vullo.(Caputo, James) |
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| Tuesday, October 10, 2017 | ||
| 25 | 25
misc
Letter
Tue 10/10 9:40 AM
LETTER addressed to Judge Naomi Reice Buchwald from Matthew L. Levine dated October 10, 2017 re: Request for Oral Argument. Document filed by Maria T. Vullo.(Caputo, James) |
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| Friday, October 06, 2017 | ||
| 24 | 24
respm
Reply Memorandum of Law in Support of Motion
Fri 10/06 3:35 PM
REPLY MEMORANDUM OF LAW in Support re:18 MOTION to Dismiss the Complaint . . Document filed by Keith A. Noreika, Office of the Comptroller of the Currency. (Connolly, Christopher) |
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| Monday, September 25, 2017 | ||
| 23 | 23
misc
Letter
Mon 09/25 6:10 PM
LETTER addressed to Judge Naomi Reice Buchwald from Matthew L. Levine dated September 25, 2017 re: Plaintiff's Opposition to Defendants' Motion to Dismiss. Document filed by Maria T. Vullo.(Caputo, James) |
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| 22 | 22
30+
pgs
respm
Memorandum of Law in Opposition to Motion
Mon 09/25 6:04 PM
MEMORANDUM OF LAW in Opposition re:18 MOTION to Dismiss the Complaint . . Document filed by Maria T. Vullo. (Caputo, James) |
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| Monday, September 18, 2017 | ||
| 21 | 21
2
pgs
order
Order on Motion for Leave to File Excess Pages
Tue 09/19 12:19 PM
ORDER: granting20 Letter Motion for Leave to File Excess Pages. Applications Granted. (Signed by Judge Naomi Reice Buchwald on 9/18/2017) (ama) |
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| 20 | 20
motion
File Excess Pages
Mon 09/18 2:09 PM
LETTER MOTION for Leave to File Excess Pages for Plaintiff's Opposition to Defendants' Motion to Dismiss addressed to Judge Naomi Reice Buchwald from Matthew L. Levine dated September 18, 2017. Document filed by Maria T. Vullo.(Caputo, James) |
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| Friday, August 18, 2017 | ||
| 19 | 19
respm
Memorandum of Law in Support of Motion
Fri 08/18 6:24 PM
MEMORANDUM OF LAW in Support re:18 MOTION to Dismiss the Complaint . . Document filed by Keith A. Noreika, Office of the Comptroller of the Currency. (Connolly, Christopher) |
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| 18 | 18
motion
Dismiss
Fri 08/18 6:24 PM
MOTION to Dismiss the Complaint . Document filed by Keith A. Noreika, Office of the Comptroller of the Currency.(Connolly, Christopher) |
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| Tuesday, August 01, 2017 | ||
| 17 | 17
order
Scheduling Order
Tue 08/01 5:22 PM
ORDER: Having reviewed t parties' pre-motion letters, dated July 25, 2017 and July 27, 2017, the Court has determined that defendants may bring their motion without the necessity of a pre-motion conference. The parties' briefs are due on the following dates: Defendants' motion: August 25, 2017, Plaintiff's opposition: September 25, 2017, Defendants' reply: October 6, 2017. Motions due by 8/25/2017. Responses due by 9/25/2017. Replies due by 10/6/2017. (Signed by Judge Naomi Reice Buchwald on 8/1/2017) (ap) |
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| Wednesday, May 17, 2017 | ||
| 10 | 10
cmp
Complaint
Wed 05/17 1:45 PM
COMPLAINT against Keith A. Noreika, Office of the Comptroller of the Currency. Document filed by Maria T. Vullo.(Levine, Matthew) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
Exhibit K
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| Tuesday, May 16, 2017 | ||
| 9 | 9
notice
Notice of Appearance
Tue 05/16 9:57 AM
NOTICE OF APPEARANCE by James Francis Caputo on behalf of Maria T. Vullo. (Caputo, James) |
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| Monday, May 15, 2017 | ||
| 8 | 8
service
Summons Issued
Mon 05/15 9:07 AM
ELECTRONIC SUMMONS ISSUED as to Office of the Comptroller of the Currency. (kl) |
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| 7 | 7
service
Summons Issued
Mon 05/15 9:05 AM
ELECTRONIC SUMMONS ISSUED as to Keith A. Noreika. (kl) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Mon 05/15 8:46 AM
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Lore Levine. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); Fee Status code due (due). The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the Fee Status code has been modified to pd (paid). (kl) |
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misc
Notice to Attorney Regarding Party Modification
Mon 05/15 8:49 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Lore Levine. The party information for the following party/parties has been modified: Keith A. Noreika, Maria T. Vullo. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (kl) Modified on 5/15/2017 (kl) |
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misc
Notice to Attorney Regarding Deficient Pleading
Mon 05/15 9:01 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew Lore Levine to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (kl) |
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notice
Case Opening Initial Assignment Notice
Mon 05/15 9:01 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (kl) |
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utility
Case Designation
Mon 05/15 9:02 AM
Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (kl) |
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utility
Case Designated ECF
Mon 05/15 9:02 AM
Case Designated ECF. (kl) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Mon 05/15 9:08 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 3 Request for Issuance of Summons, 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): Joon H. Kim and Jeffrey Sessions are not parties on the pleading/ECF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF with correct parties. (kl) |
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| Friday, May 12, 2017 | ||
| 6 | 6
2
pgs
service
Request for Issuance of Summons
Fri 05/12 2:47 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey Sessions, re:1 Complaint,. Document filed by New York State Department of Financial Services. (Levine, Matthew) |
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| 5 | 5
2
pgs
service
Request for Issuance of Summons
Fri 05/12 2:46 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Comptroller of the Currency, re:1 Complaint,. Document filed by New York State Department of Financial Services. (Levine, Matthew) |
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| 4 | 4
service
Request for Issuance of Summons
Fri 05/12 2:44 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Keith A. Noreika, re:1 Complaint,. Document filed by New York State Department of Financial Services. (Levine, Matthew) |
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| 3 | 3
service
Request for Issuance of Summons
Fri 05/12 2:42 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Joon H. Kim, re:1 Complaint,. Document filed by New York State Department of Financial Services. (Levine, Matthew) |
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| 2 | 2
2
pgs
misc
Civil Cover Sheet
Fri 05/12 1:57 PM
CIVIL COVER SHEET filed. (Levine, Matthew) |
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| 1 | 1
20
pgs
cmp
Complaint
Fri 05/12 1:56 PM
COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-13657821)Document filed by New York State Department of Financial Services.(Levine, Matthew) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
17 pgs
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
Exhibit K
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