Rios v. Wells Fargo Bank et al

New York Southern District Court
Judge:	Vincent L Briccetti
Case #:	7:20-cv-03445
Nature of Suit	890 Other Statutes - Other Statutory Actions
Cause	05:5514 Debt Collection Act of 1982

Case Filed:	May 04, 2020
Re-opened:	Jun 04, 2020
Terminated:	Nov 30, 2020

Docket
Parties (3)

Last checked: Saturday Oct 31, 2020 6:01 AM EDT

Defendant Wells Fargo Bank	Represented By Natsayi Mawere Akerman Llp (nyc) contact info
Defendant Wells Fargo Home Mortgage	Represented By Natsayi Mawere Akerman Llp (nyc) contact info
Plaintiff Edna Rios	Represented By Alisa Sondak Sondak Law Group Pc. contact info

Docket last updated: 05/16/2025 11:59 PM EDT

Tuesday, February 02, 2021
36		36 misc Stipulation of Voluntary Dismissal Tue 02/02 5:13 PM STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Edna Rios pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Wells Fargo Home Mortgage, Wells Fargo Bank. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Mawere, Natsayi) Related: [-]
Monday, November 30, 2020
35		35 1 pgs order Order of Dismissal ~Util - Set Deadlines Mon 11/30 4:46 PM ORDER OF DISMISSAL: The Court has been advised that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs, and without prejudice to the right to restore the action to the Court's calendar, provided the application to restore the action is made by no later than January 14, 2021. To be clear, any application to restore the action must be filed by January 14, 2021, and any application to restore the action filed thereafter may be denied solely on the basis that it is untimely. All other deadlines, scheduled conferences (including the conference scheduled for December 2, 2020), or other scheduled court appearances are cancelled. Any pending motions are moot. SO ORDERED. (Motions due by 1/14/2021.) (Signed by Judge Vincent L. Briccetti on 11/30/2020) (mml) Related: [-]
34		34 motion Adjourn Conference Mon 11/30 1:44 PM LETTER MOTION to Adjourn Conference addressed to Judge Vincent L. Briccetti from Natsayi Mawere, Esq. dated 11/30/2020. Document filed by Wells Fargo Bank, Wells Fargo Home Mortgage..(Mawere, Natsayi) Related: [-]
Monday, October 26, 2020
33		33 order Order on Motion to Adjourn Conference Mon 10/26 9:09 AM ORDER granting32 Letter Motion to Adjourn Conference: The initial pretrial conference scheduled for 10/28/2020 at 9:30 a.m. by telephone is adjourned to 12/2/2020 at 2:30 p.m. To be clear, the initial pretrial conference will proceed on 12/2/2020 at 2:30 p.m. All counsel and/or parties shall use the following information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. By 11/25/2020, counsel shall file on the ECF docket their proposed Civil Case Discovery Plan and Scheduling Order. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (ML) Related: [-]
Friday, October 23, 2020
32		32 motion Adjourn Conference Fri 10/23 5:52 PM LETTER MOTION to Adjourn Conference addressed to Judge Vincent L. Briccetti from Natsayi Mawere dated 10 23-2020 Document filed by Wells Fargo Bank, Wells Fargo Home Mortgage..(Mawere, Natsayi) Related: [-]
32		32 motion Adjourn Conference Fri 10/23 5:52 PM LETTER MOTION to Adjourn Conference addressed to Judge Vincent L. Briccetti from Natsayi Mawere dated 10 23-2020 Document filed by Wells Fargo Bank, Wells Fargo Home Mortgage..(Mawere, Natsayi) Related: [-]
Wednesday, September 30, 2020
31		31 order Order on Motion to Dismiss Wed 09/30 4:19 PM ORDER terminating19 Motion to Dismiss: Defendants' motion to dismiss the complaint19 is terminated as moot in light of defendants' answer to the amended complaint29 . (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (ML) Related: [-]
30		30 notice Notice of Hearing Wed 09/30 12:56 PM NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR A TELEPHONIC INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 10 28-2020 at 9:30a.m. All counsel and/or parties shall use the following information to appear at the conference by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662 Access Code: 1703567. Initial Conference set for 10/28/2020 at 09:30 AM before Judge Vincent L. Briccetti. Telephone Conference set for 10/28/2020 at 09:30 AM before Judge Vincent L. Briccetti..(mml) Related: [-]
Wednesday, September 16, 2020
29		29 answer Answer to Amended Complaint Wed 09/16 5:07 PM ANSWER to27 Amended Complaint. Document filed by Wells Fargo Bank, Wells Fargo Home Mortgage..(Mawere, Natsayi) Related: [-]
28		28 misc Rule 7.1 Corporate Disclosure Statement Wed 09/16 5:03 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, Wells Fargo Home Mortgage. Document filed by Wells Fargo Bank, Wells Fargo Home Mortgage..(Mawere, Natsayi) Related: [-]
Wednesday, August 26, 2020
27		27 cmp Amended Complaint Wed 08/26 10:43 PM AMENDED COMPLAINT amending7 Complaint against Wells Fargo Bank, Wells Fargo Home Mortgage.Document filed by Edna Rios. Related document:7 Complaint..(Sondak, Alisa) Related: [-]
		Att: 1 Exhibit Satisfaction of mortgage
Monday, August 24, 2020
		misc Notice to Attorney Regarding Deficient Pleading Mon 08/24 3:14 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alisa Sondak to RE-FILE Document No. 26 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended 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. (jgo) Related: [-]
Friday, August 21, 2020
26		26 cmp Amended Complaint Fri 08/21 12:48 PM FIRST AMENDED COMPLAINT amending7 Complaint against Edna Rios.Document filed by Edna Rios. Related document:7 Complaint..(Sondak, Alisa) Related: [-]
		Att: 1 Exhibit Satisfaction of mortgage
Wednesday, August 12, 2020
25		25 order Memo Endorsement ~Util - Set Deadlines Wed 08/12 3:10 PM MEMO ENDORSEMENT on re:24 Response to Motion, filed by Edna Rios. ENDORSEMENT: Plaintiff's amended complaint is due 8/26/2020. By 9/16/2020, defendant shall either (i) file an answer to the amended complaint; (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss. (Amended Pleadings due by 8/26/2020., Motions due by 9/16/2020.) (Signed by Judge Vincent L. Briccetti on 8/12/2020) (cf) Related: [-]
24		24 respm Response to Motion Wed 08/12 1:56 PM LETTER RESPONSE to Motion addressed to Judge Vincent L. Briccetti from Rios Edna dated August 12, 2020 re:19 MOTION to Dismiss Plaintiff's Complaint for Failure to State a Cause of Action . . Document filed by Edna Rios..(Sondak, Alisa) Related: [-]
Thursday, August 06, 2020
23		23 1 pgs order Order Thu 08/06 1:50 PM ORDER: On August 5, 2020, defendants filed a motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6). (Doc. #19). Accordingly, it is hereby ORDERED that, by no later than August 17, 2020, plaintiff must notify the Court by letter whether (i) plaintiff intends to file an amended complaint in response to the motion to dismiss, or (ii) plaintiff will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendants' motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 8990 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, plaintiff must file the amended complaint by no later than 14 days after notifying the Court of its intent to do so. Within 21 days of such amendment, defendants may either (i) file an answer to the amended complaint, (ii) file a motion to dismiss the amended complaint, or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/06/2020) (ama) Related: [-]
Wednesday, August 05, 2020
22		22 service Affidavit of Service Other Wed 08/05 3:27 PM AFFIDAVIT OF SERVICE of Notice of Motion and Supporting Papers, Notice of Appearance served on Edna Rios on 8/5/2020. Service was made by Mail. Document filed by Wells Fargo Bank, Wells Fargo Home Mortgage..(Mawere, Natsayi) Related: [-]
21		21 8 pgs respm Memorandum of Law in Support of Motion Wed 08/05 3:23 PM MEMORANDUM OF LAW in Support re:19 MOTION to Dismiss Plaintiff's Complaint for Failure to State a Cause of Action . . Document filed by Wells Fargo Bank, Wells Fargo Home Mortgage..(Mawere, Natsayi) Related: [-]
20		20 respm Declaration in Support of Motion Wed 08/05 3:22 PM DECLARATION of Natsayi Mawere, Esq. in Support re:19 MOTION to Dismiss Plaintiff's Complaint for Failure to State a Cause of Action .. Document filed by Wells Fargo Bank, Wells Fargo Home Mortgage..(Mawere, Natsayi) Related: [-]
		Att: 1 Exhibit A - Summons and Complaint,
		Att: 2 Exhibit B - Stipulations of Discontinuance,
		Att: 3 Exhibit C- Mailing Addresses of Wells Fargo
19		19 motion Dismiss Wed 08/05 3:18 PM MOTION to Dismiss Plaintiff's Complaint for Failure to State a Cause of Action . Document filed by Wells Fargo Bank, Wells Fargo Home Mortgage..(Mawere, Natsayi) Related: [-]
18		18 notice Notice of Appearance Wed 08/05 3:07 PM NOTICE OF APPEARANCE by Natsayi Mawere on behalf of Wells Fargo Bank, Wells Fargo Home Mortgage..(Mawere, Natsayi) Related: [-]
Monday, June 15, 2020
17		17 misc Letter Mon 06/15 10:45 AM FIRST LETTER addressed to Judge Vincent L. Briccetti from Alisa Sondak, Esq. for Plaintiff dated June 15, 2020 re: in response to proper venue. Document filed by Edna Rios..(Sondak, Alisa) Related: [-]
Thursday, June 11, 2020
16		16 service Summons Issued Thu 06/11 2:57 PM ELECTRONIC SUMMONS ISSUED as to Wells Fargo Bank..(pc) Related: [-]
15		15 service Summons Issued Thu 06/11 2:57 PM ELECTRONIC SUMMONS ISSUED as to Wells Fargo Home Mortgage..(pc) Related: [-]
14		14 1 pgs order Order Thu 06/11 11:45 AM ORDER: According to the complaint, plaintiff's residential property is in Brooklyn, New York and the Civil Cover Sheet does not provide plaintiff's home address. Neither the complaint nor the Civil Cover Sheet allege defendant's principal place of business or state of incorporation. Moreover, nothing in the complaint indicates where the claim arose. Therefore, it does not appear this case was properly designated to White Plains. By June 18, 2020, plaintiff's counsel is directed to submit a letter to the Court either acknowledging that this case should be transferred to Manhattan or explaining why the case is properly designated for assignment to White Plains under Rule 18. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 6/11/2020) (mml) Related: [-]
Wednesday, June 10, 2020
13		13 service Request for Issuance of Summons Wed 06/10 1:50 PM REQUEST FOR ISSUANCE OF SUMMONS as to Wells Fargo Home Mortgage, re:7 Complaint. Document filed by Edna Rios..(Sondak, Alisa) Related: [-]
12		12 service Request for Issuance of Summons Wed 06/10 1:49 PM REQUEST FOR ISSUANCE OF SUMMONS as to Wells Fargo Bank, re:7 Complaint. Document filed by Edna Rios..(Sondak, Alisa) Related: [-]
Monday, June 08, 2020
		misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Mon 06/08 2:22 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alisa Sondak to RE-FILE Document No. 11 Request for Issuance of Summons, 10 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on the 'as to' docket entry text, the PDF case caption and the PDF 'To' section does not exactly match as it appears on the pleading caption (Wells Fargo Bank NA). 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. (jgo) Related: [-]
Friday, June 05, 2020
11		11 service Request for Issuance of Summons Fri 06/05 3:00 PM REQUEST FOR ISSUANCE OF SUMMONS as to Wells Fargo Home Mortgage, re:7 Complaint. Document filed by Edna Rios..(Sondak, Alisa) Related: [-]
10		10 service Request for Issuance of Summons Fri 06/05 2:59 PM REQUEST FOR ISSUANCE OF SUMMONS as to Wells Fargo Bank NA, re:7 Complaint. Document filed by Edna Rios..(Sondak, Alisa) Related: [-]
Thursday, June 04, 2020
		misc Transmission to Case Assignment Clerk Thu 06/04 8:57 AM Transmission to Case Assignment Clerk. Transmitted re:8 Amended Civil Case Administrative Closing Order, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment..(gp) Related: [-]
		notice Notice of Case Assignment/Reassignment Thu 06/04 3:08 PM NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Colleen McMahon is no longer assigned to the case. (laq) Related: [-]
		utility Case Designation Thu 06/04 3:11 PM Magistrate Judge Judith C. McCarthy 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (laq) Related: [-]
Wednesday, June 03, 2020
9		9 notice Notice of Application to Reopen Case Wed 06/03 1:08 PM NOTICE OF APPLICATION TO REOPEN CASE: Pursuant to Amended Standing Order (15-MC-131):. The deficiency(ies) has been cured and the party(ies) seek to reopen the civil case..(Sondak, Alisa) Related: [-]
		misc Civil Case Opening Fee Payment Wed 06/03 12:01 PM Civil Case Opening Fee Payment: for7 Complaint. Filing fee $ 400.00, receipt number ANYSDC-20089386..(Sondak, Alisa) Related: [-]
Tuesday, May 19, 2020
8		8 order Amended Civil Case Administrative Closing Order Tue 05/19 8:42 AM AMENDED CASE OPENING ADMINISTRATIVE CLOSING ORDER: New civil actions filed electronically that contain the following deficiencies may be administratively closed without prejudice and summonses may not be issued unless the deficiency is corrected within five (5) days of electronic transmission by the Clerk of a Notice of Deficient Filing: The filing fee due was not paid either in whole or in part.. Where a new civil action is administratively closed for a reason listed above and the party cures the deficiency within 60 days of the case closing, the party should seek to reopen the case by electronically filing a Notice of Application to Reopen Case through the ECF system. Such Notice shall describe the efforts to cure the deficiency and seek to reopen the case. The Clerk shall review such Notice and, if the deficiency is satisfactorily cured, reopen and randomly reassign the case. Applications to reopen such administratively closed cases filed after 60 days of closing must proceed by motion. Administrative Reopening due by 7/20/2020. (Signed by Judge Colleen McMahon on 3/7/2017) (pne) Related: [-]
		notice Case Opening Initial Assignment Notice Tue 05/19 8:39 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . 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:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pne) Related: [-]
		utility Case Designated ECF Tue 05/19 8:40 AM Case Designated ECF. (pne) Related: [-]
Monday, May 11, 2020
		misc Case Opening Fee Due Mon 05/11 9:13 AM ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Alisa Sondak. Civil Case Opening Fee of $400 Due: for7 Complaint. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 5/18/2020..(pne) Related: [-]
Friday, May 08, 2020
		misc Civil Case Opening Fee Payment Fri 05/08 3:21 PM Civil Case Opening Fee Payment: for7 Complaint. Filing fee $ 400.00..(Sondak, Alisa) Related: [-]
Wednesday, May 06, 2020
		misc Case Opening Fee Due Wed 05/06 8:38 AM ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Alisa Sondak. Civil Case Opening Fee of $400 Due: for7 Complaint. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 5/11/2020..(pne) Related: [-]
Tuesday, May 05, 2020
7		7 cmp Complaint Tue 05/05 3:24 PM COMPLAINT against Wells Fargo Bank, Wells Fargo Home Mortgage. Document filed by Edna Rios..(Sondak, Alisa) Related: [-]
		Att: 1 Exhibit Satisfaction of Mortgage,
		Att: 2 Exhibit Mortgage Statement
		misc Notice to Attorney Regarding Deficient Pleading Tue 05/05 9:54 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alisa Sondak to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF indicates the pleading is for the EASTERN DISTRICT OF NEW YORK. 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 5/11/2020. (pne) Related: [-]
		misc Notice to Attorney to File Initial Pleading Tue 05/05 9:55 AM ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Alisa Sondak to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 5/11/2020. (pne) Related: [-]
Monday, May 04, 2020
6		6 misc Civil Cover Sheet Mon 05/04 2:58 PM CIVIL COVER SHEET filed..(Sondak, Alisa) Related: [-]
5		5 service Request for Issuance of Summons Mon 05/04 2:49 PM REQUEST FOR ISSUANCE OF SUMMONS as to Wells Fargo Bank, NA, re:1 Complaint. Document filed by Unknown Plaintiff..(Sondak, Alisa) Related: [-]
4		4 service Request for Issuance of Summons Mon 05/04 2:48 PM REQUEST FOR ISSUANCE OF SUMMONS as to Wells Fargo Home Mortgage, re:1 Complaint. Document filed by Unknown Plaintiff..(Sondak, Alisa) Related: [-]
3		3 service Request for Issuance of Summons Mon 05/04 2:42 PM REQUEST FOR ISSUANCE OF SUMMONS as to Wells Fargo Home Mortgage, re:1 Complaint. Document filed by Unknown Plaintiff..(Sondak, Alisa) Related: [-]
2		2 service Request for Issuance of Summons Mon 05/04 2:39 PM REQUEST FOR ISSUANCE OF SUMMONS as to Edna Rios, re:1 Complaint. Document filed by Unknown Plaintiff..(Sondak, Alisa) Related: [-]
1		1 cmp Complaint Mon 05/04 10:53 AM COMPLAINT against Unknown Defendant. (Filing Fee $ 400.00.)Document filed by Unknown Plaintiff..(Sondak, Alisa) Related: [-]
		Att: 1 Exhibit Satisfaction of Mortgage,
		Att: 2 Exhibit Mortgage Statement
		misc Notice Regarding Deleted Document Tue 05/05 9:54 AM ***DELETED DOCUMENT. Deleted document number 1 COMPLAINT TITLED FOR EASTERN DISTRICT OF NEW YORK. The document was incorrectly filed in this case. (pne) Related: [-]

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