Ortiz v. PNC Mortgage et al
New York Eastern District Court | |
Judge: | Sandra J Feuerstein |
Referred: | Gary R Brown |
Case #: | 2:17-cv-03651 |
Nature of Suit | 443 Civil Rights - Housing/Accommodations |
Cause | 42:405 Fair Housing Act |
Case Filed: | Jun 16, 2017 |
Terminated: | Jun 28, 2018 |
Last checked: Wednesday Dec 13, 2017 4:26 AM EST |
Defendant
John Does 1-50
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Defendant
PNC Mortgage
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Plaintiff
Fredy A. Ortiz
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Represented By
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Docket last updated: 4 hours ago |
Thursday, June 28, 2018 | ||
21 | 21
order
Judgment - Clerk
Thu 06/28 3:08 PM
CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Fredy A. Ortez take nothing of defendant PNC Mortgage; that the branch of defendant's motion seeking dismissal of plaintiff's claims pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction is granted to the extent that plaintiff's claims seeking damages and/or restitution for the sale of the Premises based upon defendant's alleged violations of the New York Banking Law (first claim for relief) and the FHA and ECOA (second claim for relief) are dismissed in their entirety pursuant to the Rooker-Feldman doctrine; that the branches of defendant's motion seeking dismissal of plaintiff's remaining claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure are granted to the extent that (A) plaintiff's claims alleging violations of the New York Banking Law (first claim for relief) and for intentional infliction of emotional distress (third claim for relief) are dismissed in their entirety with prejudice for failure to state a claim for relief, and that (B) plaintiffs claims alleging violations of the FHA and ECOA (second claim for relief) are dismissed in their entirety with prejudice as time barred; and that this case is closed. Ordered by Clerk of Court on 6/28/2018. (Toritto, Jim) |
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Monday, June 25, 2018 | ||
20 | 20
27
pgs
order
Order on Motion to Dismiss
Mon 06/25 2:14 PM
OPINION & ORDER granting in part and denying in part18 Motion to Dismiss - For the foregoing reasons, (i) the branch of defendant's motion seeking dismissal of plaintiff's claims pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction is granted to the extent that plaintiff's claims seeking damages and/or restitution for the sale of the Premises based upon defendant's alleged violations of the New York Banking Law (first claim for relief) and the FHA and ECOA (second claim for relief) are dismissed in their entirety pursuant to the Rooker-Feldman doctrine, and that branch of defendant's motion is otherwise denied; and (ii) the branches of defendant's motion seeking dismissal of plaintiff's remaining claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure are granted to the extent that (A) plaintiff's claims alleging violations of the New York Banking Law (first claim for relief) and for intentional infliction of emotional distress (third claim for relief) are dismissed in their entirety with prejudice for failure to state a claim for relief, and (B) plaintiff's claims alleging violations of the FHA and ECOA (second claim for relief) are dismissed in their entirety with prejudice as time barred, The Clerk of the Court shall enter judgment in accordance with this order and close this case. SO Ordered by Judge Sandra J. Feuerstein on 6/25/2018. (Tirado, Chelsea) |
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Wednesday, April 11, 2018 | ||
order
~Util - Set Hearings
Wed 04/11 9:28 AM
ORDER: The Status Conference scheduled to be held before the undersigned on 4/18/2018 is adjourned to 7/18/2018 at 11:15 AM in Courtroom 1010 at the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 4/11/2018. c/ECF (Adell, April) |
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Wednesday, March 14, 2018 | ||
order
Order on Motion to Adjourn Conference
Wed 03/14 10:45 AM
ORDER granting19 Motion to Adjourn Conference: The conference is adjourned to 4/18/2018 at 11:15 AM in Courtroom 1010 at the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 3/14/2018. c/ECF (Adell, April) |
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Monday, March 12, 2018 | ||
19 | 19
motion
Adjourn Conference
Mon 03/12 3:08 PM
MOTION to Adjourn Conference by PNC Mortgage. (Komor, Mikelle) |
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notice
Notice of Hearing
Mon 03/12 5:06 PM
NOTICE of Hearing: Due to a change in the Court's calendar, the conference originally scheduled before Judge Feuerstein on 3/15/2018 is converted into a telephone conference at 2:30 pm. Plaintiff's counsel is directed to initiate the conference call to 631-712-5630. Plaintiff's counsel is directed to serve a copy of this notice on all parties upon receipt. c/ecf (Morabito, Bryan) |
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Friday, March 09, 2018 | ||
18 | 18
motion
Dismiss
Fri 03/09 1:19 PM
Fully Briefed MOTION to Dismiss Complaint by PNC Mortgage. (Komor, Mikelle) |
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Att: 1 Declaration of Mikelle Bliss in Support of Defendant's Motion to Dismiss, | ||
Att: 2 Exhibit A to Declaration of Mikelle Bliss, | ||
Att: 3 Exhibit B to Declaration of Mikelle Bliss, | ||
Att: 4 Exhibit C to Declaration of Mikelle Bliss, | ||
Att: 5 Exhibit D to Declaration of Mikelle Bliss, | ||
Att: 6 Exhibit E to Declaration of Mikelle Bliss, | ||
Att: 7 Exhibit F to Declaration of Mikelle Bliss, | ||
Att: 8 Memorandum in Support of Defendant's Motion to Dismiss, | ||
Att: 9 Plaintiff's Affirmation in Opposition to Motion to Dismiss, | ||
Att: 10 Exhibit A to Plaintiff's Affirmation in Opposition to Motion to Dismiss, | ||
Att: 11 Reply Memorandum of Law in Further Support of Motion to Dismiss | ||
Monday, February 26, 2018 | ||
17 | 17
misc
Letter
Mon 02/26 5:23 PM
Letter serving Reply papers on motion to dismiss by PNC Mortgage (Komor, Mikelle) |
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Monday, February 12, 2018 | ||
16 | 16
misc
Letter
Mon 02/12 10:56 AM
Letter serving affirmation in opposition to Defendant's motion to dismiss by Fredy A. Ortiz (Oziel, Michael) |
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Thursday, February 08, 2018 | ||
order
Order on Motion to Adjourn Conference
Thu 02/08 9:51 AM
ORDER granting15 Motion to Adjourn Conference: The conference is adjourned to 3/15/2018 at 11:15 AM in Courtroom 1010 at the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 2/8/2018. c/ECF (Adell, April) |
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Wednesday, February 07, 2018 | ||
15 | 15
motion
Adjourn Conference
Wed 02/07 2:49 PM
Letter MOTION to Adjourn Conference by Fredy A. Ortiz. (Oziel, Michael) |
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Monday, February 05, 2018 | ||
14 | 14
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Tue 02/06 10:42 AM
ORDER granting13 Motion for Extension of Time to File Response/Reply re13 MOTION for Extension of Time to File Response/Reply. Responses due by 2/12/2018 Replies due by 2/26/2018. SO Ordered by Judge Sandra J. Feuerstein on 2/5/2018. (Tirado, Chelsea) |
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Friday, February 02, 2018 | ||
13 | 13
motion
Extension of Time to File Response/Reply
Fri 02/02 3:50 PM
MOTION for Extension of Time to File Response/Reply by Fredy A. Ortiz. (Oziel, Michael) |
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Friday, January 19, 2018 | ||
12 | 12
misc
Letter
Fri 01/19 4:25 PM
Letter serving motion to dismiss and memo of law in support upon Plaintiff by PNC Mortgage (Komor, Mikelle) |
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Friday, January 12, 2018 | ||
order
Order on Motion for Extension of Time to Answer
Fri 01/12 2:21 PM
ELECTRONIC ORDER granting11 Motion for Extension of Time to Answer. The time for defendant PNC Mortgage to respond to the Amended Complaint is extended to 1/19/2018. Ordered by Magistrate Judge Gary R. Brown on 1/12/2018. c/ecf (Johnston, Linda) |
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Thursday, January 11, 2018 | ||
11 | 11
motion
Extension of Time to File Answer
Thu 01/11 11:01 AM
MOTION for Extension of Time to File Answer re6 Amended Complaint, by Stipulation by PNC Mortgage. (Komor, Mikelle) |
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Wednesday, January 03, 2018 | ||
10 | 10
minutes
Initial Conference Hearing ~Util - Set Hearings
Fri 01/05 11:27 AM
Minute Entry for proceedings held on 1/3/2018 before Judge Sandra J. Feuerstein: Civil Cause for Initial Telephone Conference. Counsel for Plaintiff: Michael Ozeil. Counsel for Defendant: Mikelle Bliss. Case called. A further in person status conference is scheduled before Judge Feuerstein on 2/20/2018 at 11:15AM. (Tirado, Chelsea) |
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order
Order on Motion for Extension of Time to Answer
Wed 01/03 10:08 AM
ELECTRONIC ORDER granting9 Motion for Extension of Time to Answer. Application granted. Defendant PNC Mortgage shall file a responsive pleading by January 12, 2018. Ordered by Magistrate Judge Gary R. Brown on 1/3/2018. c/ecf (Meehan, James) |
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Tuesday, January 02, 2018 | ||
9 | 9
motion
Extension of Time to File Answer
Tue 01/02 4:32 PM
MOTION for Extension of Time to File Answer re6 Amended Complaint, extended to January 12, 2018 by Stipulation by PNC Mortgage. (Komor, Mikelle) |
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notice
Notice of Hearing
Tue 01/02 4:17 PM
NOTICE of Hearing: Due to a change in the Court's calendar, the conference originally scheduled before Judge Feuerstein on 1/3/2018 is converted into a telephone conference at 11:15 am. Plaintiff's counsel is directed to initiate the conference call to 631-712-5630. Plaintiff's counsel is directed to serve a copy of this notice on all parties upon receipt. c/ecf (Morabito, Bryan) |
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Thursday, November 16, 2017 | ||
8 | 8
service
Summons Issued
Thu 11/16 11:39 AM
Summons Issued as to PNC Mortgage. (Tirado, Chelsea) |
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Tuesday, November 14, 2017 | ||
7 | 7
misc
Proposed Summons/Civil Cover Sheet
Tue 11/14 10:03 AM
Proposed Summons. Re Incorrect Case/Document/Entry Information.,6 Amended Complaint, by Fredy A. Ortiz (Oziel, Michael) |
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utility
Incorrect Case-Document Information
Tue 11/14 9:23 AM
Proposed Summons is rejected; the form that is on the Court's website is to be utilized; Counsel is advised to submit another proposed summonses using the event Proposed Summons/Civil Cover Sheet. (Tirado, Chelsea) |
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Monday, November 13, 2017 | ||
6 | 6
cmp
Amended Complaint
Mon 11/13 2:53 PM
AMENDED COMPLAINT against All Defendants, filed by Fredy A. Ortiz. (Oziel, Michael) |
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Att: 1 Civil Cover Sheet, | ||
Att: 2 Proposed Summons, | ||
Att: 3 Exhibit U.S. Civil Complaint against National City Mortgage, | ||
Att: 4 Exhibit Promissory Note, | ||
Att: 5 Exhibit Mortgage, | ||
Att: 6 Exhibit State Civil Action against Plaintiff | ||
Friday, October 20, 2017 | ||
order
Order on Motion to Adjourn Conference ~Util - Set Hearings
Fri 10/20 10:05 AM
ORDER granting5 Motion to Adjourn Conference: The application is granted to the extent that the Initial Conference is adjourned to 1/3/2018 at 11:15 AM in Courtroom 1010 at the Central Islip Courthouse. Plaintiff shall serve and file an amended complaint in accordance with Fed. R. Civ. P. 15(a)(1) by no later than 11/20/2017, or this action will be dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m). Plaintiff shall serve a copy of this Order upon defendant and file proof of such service with the Court. Ordered by Judge Sandra J. Feuerstein on 10/20/2017. c/ECF (Adell, April) |
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Thursday, October 19, 2017 | ||
5 | 5
motion
Adjourn Conference
Thu 10/19 4:03 PM
First MOTION to Adjourn Conference by Fredy A. Ortiz. (Oziel, Michael) |
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Tuesday, June 27, 2017 | ||
order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 06/27 10:56 AM
ELECTRONIC ORDER granting4 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 6/27/2017. c/ecf (Meehan, James) |
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Monday, June 26, 2017 | ||
4 | 4
motion
Appear Pro Hac Vice
Mon 06/26 4:02 PM
MOTION for Leave to Appear Pro Hac Vice , Michael J. Oziel, by Fredy A. Ortiz. (Florio, Lisa) |
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Thursday, June 22, 2017 | ||
notice
Notice of Hearing
Thu 06/22 10:30 AM
NOTICE of Hearing: Initial Conference set for 10/25/2017 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff shall serve a copy of this Notice of Hearing upon defendants and file proof of such service with the Court. c/ECF (D'Agostino, Peter) |
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Wednesday, June 21, 2017 | ||
3 | 3
misc
Clerks Notice of Rule 73
Wed 06/21 2:25 PM
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. (Cox, Dwayne) |
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Friday, June 16, 2017 | ||
2 | 2
service
Summons Issued
Wed 06/21 2:20 PM
Summons Issued as to PNC Mortgage. (Cox, Dwayne) |
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1 | 1
cmp
Complaint
Wed 06/21 2:18 PM
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Fredy A. Ortiz. (Cox, Dwayne) |
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Att: 1 Civil Cover Sheet, | ||
Att: 2 Exhibit A, | ||
Att: 3 Exhibit B, | ||
Att: 4 Exhibit C, | ||
Att: 5 Exhibit D, | ||
Att: 6 Exhibit E | ||
misc
Filing Fee Received
Wed 06/21 2:19 PM
FILING FEE: $ 400.00, receipt number 22955 (Cox, Dwayne) |