Alamitos Lending, LLC v. Sutt et al

New York Western District Court
Judge:	Lawrence J Vilardo
Case #:	1:22-cv-00971
Nature of Suit	220 Real Property - Foreclosure
Cause	12:191 Bank Foreclosure

Case Filed:

Dec 14, 2022

Docket
Parties (3)

Last checked: Monday Jun 12, 2023 5:40 AM EDT

Defendant Michael Sutt
Plaintiff Alamitos Lending, LLC	Represented By Alan H. Weinreb Margolin, Weinreb & Nierer, LLP contact info
TERMINATED PARTIES
Defendant Maria A. Laurendi Terminated: 01/18/2023	Represented By Diane R. Tiveron Tiveron Law PLLC contact info

Docket last updated: 3 hours ago

Thursday, March 06, 2025
36		36 order ~Util - Terminate Motions Text Order Thu 03/06 11:07 AM TEXT ORDER re35 MOTION to Withdraw as Attorney filed by Alan H. Weinreb, counsel for the plaintiff, Alamitos Lending, LLC ("Alamitos"). Because Alamitos has obtained new counsel, and because new counsel already has appeared, see Docket Item33 , Weinreb's motion to withdraw is GRANTED. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/6/2025. (CRT) Clerk to Follow up This was mailed to: Michael Sutt, 7193 Woodhaven Drive, Lockport, NY 14094. Modified on 3/6/2025 to reflect that order was mailed to defendant Sutt. (CRT) Related: [-]
Monday, February 24, 2025
35		35 motion Withdraw as Attorney Mon 02/24 12:50 PM MOTION to Withdraw as Attorney by Alamitos Lending, LLC.(Weinreb, Alan) Related: [-]
		utility E-Filing Notification Mon 02/24 8:43 AM E-Filing Notification: re34 Notice of Substitution of Counsel. Clerk did not substitute attorneys because the document does not comply with Local Rule 83.2(c)(1). A stipulation will effectuate a substitution only where counsel certify that a successor attorney has already or will simultaneously file a notice of appearance, no evidentiary hearing or trial date has been scheduled, and the withdrawal/substitution will not require amendment of case management order deadlines. ACTION REQUIRED: Refile this document with the appropriate certification or file a motion in accordance with L.R.Civ.P. 83.2(c)(4). (CGJ) Related: [-]
Friday, February 21, 2025
34		34 notice Notice of Substitution of Counsel Fri 02/21 1:25 PM Notice of Substitution of Counsel: Erick R. Vallely, Esq. - Vallely Law PLLC is substituted for Alan Weinreb, Esq. - Margolin Weinreb & Nierer, LLP. CLERK TO FOLLOW UP. (Vallely, Erick) Related: [-]
33		33 notice Notice of Appearance Fri 02/21 1:22 PM NOTICE of Appearance by Erick R. Vallely on behalf of Alamitos Lending, LLC (Vallely, Erick) Related: [-]
32		32 notice Notice of Appearance Fri 02/21 1:20 PM NOTICE of Appearance by Erick R. Vallely on behalf of Alamitos Lending, LLC (Vallely, Erick) Related: [-]
Monday, January 27, 2025
31		31 order Clerk's Entry of Default Mon 01/27 2:44 PM Clerk's ENTRY OF DEFAULT as to Michael Sutt This was mailed to: Michael Sutt. (CGJ) Related: [-]
30		30 misc Request for Clerk's Entry of Default Mon 01/27 2:04 PM REQUEST for Clerk's Entry of Default by Alamitos Lending, LLC against Michael Sutt. (Weinreb, Alan) Related: [-]
29		29 service Affidavit of Service Mon 01/27 1:41 PM AFFIDAVIT of Service for Amended Complaint served on Michael Sutt on 11/6/2024, filed by Alamitos Lending, LLC. (Weinreb, Alan) Related: [-]
Tuesday, November 05, 2024
		utility Request for Clerk's Entry of Default Denied Tue 11/05 9:32 AM Clerk's Default Not Entered. Plaintiff notified. Reason: No proof of service for26 Amended Complaint on file. (CGJ) Related: [-]
Monday, November 04, 2024
28		28 misc Request for Clerk's Entry of Default Mon 11/04 9:42 AM REQUEST for Clerk's Entry of Default by Alamitos Lending, LLC against Michael Sutt. (Weinreb, Alan) Related: [-]
Wednesday, October 02, 2024
27		27 order Text Order Wed 10/02 3:02 PM TEXT ORDER re26 Amended Complaint filed by the plaintiff. The defendant shall answer, move against, or otherwise respond to the amended complaint by 11/1/2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/2/2024. (CRT) Related: [-]
26		26 cmp Amended Complaint Wed 10/02 11:57 AM AMENDED COMPLAINT against Michael Sutt, filed by Alamitos Lending, LLC.(Weinreb, Alan) Related: [-]
		Att: 1 Exhibit A through Exhibit F
Thursday, September 12, 2024
25		25 order ~Util - Terminate Motions Text Order Thu 09/12 1:38 PM TEXT ORDER granting motion for an extension of time to amend the complaint filed by the plaintiff, Docket Item24 , until 10/2/2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/12/2024. (CRT) Related: [-]
24		24 motion Extension of Time to Amend Thu 09/12 11:22 AM MOTION for Extension of Time to Amend23 Decision and Order,, letter requesting an extension of time to file the Amended Complaint by Alamitos Lending, LLC.(Weinreb, Alan) Related: [-]
Friday, August 23, 2024
23		23 order Decision and Order Fri 08/23 1:12 PM DECISION AND ORDER: For the reasons stated above, the motion for a default judgment of foreclosure filed by Alamitos Lending, LLC ("Alamitos"), Docket Item14 , is DENIED without prejudice. Alamitos may amend its complaint to correct the deficiencies identified in the decision within 21 days of the date of this decision and order. See Fed. R. Civ. P. 15(a)(2) (allowing a party to amend its pleading with leave of court). SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/23/2024. (CRT) Related: [-]
Wednesday, July 10, 2024
22		22 respm Response in Support of Motion Wed 07/10 12:34 PM RESPONSE in Support re14 MOTION for Default Judgment as to Michael Sutt for judgment of foreclosure and sale filed by Alamitos Lending, LLC.(Weinreb, Alan) Related: [-]
		Att: 1 proposed Judgment of Foreclosure and Sale Order
Tuesday, March 19, 2024
21		21 misc Letter Tue 03/19 2:21 PM Letter filed by Alamitos Lending, LLC regarding Defendant Sutt's failure to respond to Plaintiff's Motion after his third opportunity to do so . (Weinreb, Alan) Related: [-]
Wednesday, January 24, 2024
20		20 order Text Order Wed 01/24 4:47 PM TEXT ORDER: On December 14, 2022, Alamitos Lending, LLC ("Alamitos"), filed a verified complaint against Michael Sutt and Maria A. Laurendi "to foreclose on a mortgage encumbering the property commonly known as 7193 Woodhaven Drive, Lockport, NY 14094." Docket Item1 at 1. After the defendants were both served in late December 2022, Docket Items7 -8 , the plaintiff discontinued the action as against Laurendi in January 2023, see Docket Items9 - 10 . On January 23, 2023, the Clerk of the Court entered a default against Sutt, Docket Item 12 , and about two months later, Alamitos moved for a default judgment, Docket Item 14 . Sutt never responded to that motion. See Docket Item 15 (setting briefing schedule). On December 18, 2023, this Court ordered Sutt "to show cause by [January 17, 2024,] why the motion for default judgment should not be decided on the papers currently before the Court." Docket Item 17 . On January 17, 2024, Sutt sent the Court a letter, which was filed on January 19, 2024. Docket Item 19 . Sutt "object[ed] to the motion [for] a default [judgment]," stating that "[t]his matter was paid in full on the initial foreclosure... in April 2021" in New York State Supreme Court, Niagara County. Id. He stated that he had "made every effort to communicate" with the assignor of the mortgage "to no avail." Id. And he requested an "adjournment" of 30 to 60 days to allow him to "acquire legal counsel." Id. The Court finds that Sutt has shown cause as to why the motion should not be decided on Alamitos's papers alone. Sutt shall respond to the motion for default judgment, Docket Item 14 , no later than March 1, 2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/24/2024. (CRT) Related: [-]
Friday, January 19, 2024
19		19 misc Letter-ProSe Fri 01/19 2:34 PM Letter from Michael Sutt, to Judge Vilardo. (CGJ) Related: [-]
Thursday, January 18, 2024
18		18 misc Letter Thu 01/18 11:53 AM Letter filed by Alamitos Lending, LLC as to Maria A. Laurendi, Michael Sutt regarding Defendant Sutt's failure to show cause why Plaintiff's motion for default judgment should not be granted by the Courts 1/17/24 deadline . (Weinreb, Alan) Related: [-]
Monday, December 18, 2023
17		17 order Text Order Mon 12/18 10:12 AM TEXT ORDER: The defendant, Michael Sutt, has not responded to the plaintiff's motion for default judgment, Docket Item14 , and the time to do so has passed, see Docket Item 15 . Accordingly, the defendant is hereby ORDERED to show cause by 1/17/2024 why the motion for default judgment should not be decided on the papers currently before the Court. Issued by Hon. Lawrence J. Vilardo on 12/18/2023. (CRT) Related: [-]
Thursday, April 20, 2023
16		16 misc Letter Thu 04/20 2:49 PM Letter filed by Alamitos Lending, LLC as to Maria A. Laurendi, Michael Sutt regarding Defendant Sutt's failure to respond to Plaintiff's Motion . (Weinreb, Alan) Related: [-]
Wednesday, March 29, 2023
		order Text Order Wed 03/29 12:24 PM TEXT ORDER re: Motion for Default Judgment, Docket Item 14. Response due by 4/19/2023. Reply due by 5/3/2023. If necessary, oral argument will be scheduled at a later date. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/29/2023. (WMH) Related: [-]
Tuesday, March 28, 2023
14		14 motion Default Judgment Tue 03/28 3:01 PM MOTION for Default Judgment as to Michael Sutt for judgment of foreclosure and sale by Alamitos Lending, LLC.(Weinreb, Alan) Related: [-]
		Att: 1 Declaration of Regularity in Support of Default Judgment of Foreclosure and Sale,
		Att: 2 Memorandum of Law in Support of Plaintiff's Motion for Default Judgment of Foreclosure and Sale,
		Att: 3 proposed Judgment of Foreclosure and Sale Order,
		Att: 4 Exhibit 'A',
		Att: 5 Exhibit 'B',
		Att: 6 Exhibit 'C',
		Att: 7 Affidavit of Service
Tuesday, March 07, 2023
13		13 misc Declaration Tue 03/07 9:43 AM DECLARATION signed by Diane R. Tiveron, Esq. filed by Maria A. Laurendi . (Tiveron, Diane) Related: [-]
Monday, January 23, 2023
12		12 order Clerk's Entry of Default Mon 01/23 9:53 AM Clerk's ENTRY OF DEFAULT as to Michael Sutt This was mailed to: Michael Sutt. (CGJ) Related: [-]
Friday, January 20, 2023
11		11 misc Request for Clerk's Entry of Default Fri 01/20 12:18 PM REQUEST for Clerk's Entry of Default by Alamitos Lending, LLC against Michael Sutt. (Weinreb, Alan) Related: [-]
Wednesday, January 18, 2023
		order Text Order Wed 01/18 11:32 AM TEXT ORDER: The9 Stipulation of Discontinuance is ordered. The Clerk of the Court shall terminate Maria A. Laurendi as a defendant to this case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/18/2023. (WMH) Related: [-]
Tuesday, January 17, 2023
9		9 misc Stipulation Tue 01/17 2:29 PM STIPULATION re6 Letter to discontinue the action only against Defendant Maria A. Laurendi by Alamitos Lending, LLC. (Weinreb, Alan) Related: [-]
8		8 service Summons Returned Executed Tue 01/17 11:54 AM SUMMONS Returned Executed by Alamitos Lending, LLC. Michael Sutt served on 12/29/2022, answer due 1/19/2023. (Weinreb, Alan) Related: [-]
Tuesday, January 10, 2023
7		7 service Summons Returned Executed Tue 01/10 3:36 PM SUMMONS Returned Executed by Alamitos Lending, LLC. Maria A. Laurendi served on 12/28/2022, answer due 1/18/2023. (Weinreb, Alan) Related: [-]
Thursday, January 05, 2023
6		6 misc Letter Thu 01/05 10:21 AM Letter filed by Maria A. Laurendi as to Maria A. Laurendi, Michael Sutt discharge of mortgage .(Tiveron, Diane) Related: [-]
		Att: 1 Exhibit Filed Discharge of Mortgage
5		5 notice Notice of Appearance Thu 01/05 10:15 AM NOTICE of Appearance by Diane R. Tiveron on behalf of Maria A. Laurendi (Tiveron, Diane) Related: [-]
Thursday, December 15, 2022
4		4 service Summons Issued Thu 12/15 11:34 AM Summons Issued as to Maria A. Laurendi and Michael Sutt. (TMK) Related: [-]
		utility Case Assigned/Reassigned Thu 12/15 11:29 AM Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) Related: [-]
		notice Notice of Availability of Magistrate Judge Thu 12/15 11:30 AM Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (TMK) Related: [-]
Wednesday, December 14, 2022
3		3 misc Continuation of Exhibits Wed 12/14 4:15 PM CONTINUATION OF EXHIBITS to1 Complaint proposed Summons .(Weinreb, Alan) Related: [-]
		Att: 1 Civil Cover Sheet
2		2 misc Corporate Disclosure Statement Wed 12/14 4:06 PM Corporate Disclosure Statement by Alamitos Lending, LLC. (Weinreb, Alan) Related: [-]
1		1 cmp Complaint Wed 12/14 4:04 PM COMPLAINT against Maria A. Laurendi, Michael Sutt $ 402 receipt number ANYWDC-4747939, filed by Alamitos Lending, LLC.(Weinreb, Alan) Related: [-]
		Att: 1 Exhibit A - Exhibit E

Continue to Create Account