Stewart et al v. Bankers Healthcare Group, LLC et al
| New York Northern District Court | |
| Judge: | Glenn T Suddaby |
| Referred: | Therese Wiley Dancks |
| Case #: | 5:23-cv-01284 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 15:1601 Truth in Lending |
| Case Filed: | Oct 17, 2023 |
| Last checked: Sunday Apr 14, 2024 5:51 AM EDT |
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Defendant
Bankers Healthcare Group, LLC
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Represented By
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Defendant
Pinnacle Bank
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Represented By
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Plaintiff
Rodcelyn Matienzo
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Represented By
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Plaintiff
Rosell Matienzo
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Represented By
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Plaintiff
Wallace Stewart
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Represented By
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| Docket last updated: 05/07/2024 11:59 PM EDT |
| Thursday, April 04, 2024 | ||
| 23 | 23
order
Order on Letter Request
Thu 04/04 5:03 PM
TEXT ORDER granting22 unopposed letter motion from Plaintiffs' requesting the following schedule: Plaintiffs shall file an amended complaint or other response(s) to Defendants' pending motions on or before May 10, 2024; and Defendants shall file their responses to any amended complaint, or alternatively, their reply briefs in support of the pending motions, on or before July 12, 2024. SO ORDERED by U.S. District Judge Glenn T Suddaby on 4/4/2024. (sal ) |
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| Wednesday, April 03, 2024 | ||
| 22 | 22
motion
Letter Request/Motion
Wed 04/03 6:31 PM
Unopposed Letter Motion from Plaintiffs' Counsel David J. Harris, Jr. for Rodcelyn Matienzo, Rosell Matienzo, Wallace Stewart requesting Extension of Time submitted to Judge Wiley Dancks . (Harris, David) |
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| Friday, March 22, 2024 | ||
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misc
Clerk Correction of Docket Entry
Fri 03/22 1:41 PM
CLERK'S CORRECTION OF DOCKET ENTRY re20 Motion to Dismiss for Failure to State a Claim. Attached redacted Exhibit A to entry as an unrestricted entry. The unredacted version will remain restricted. (see) |
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| Thursday, March 21, 2024 | ||
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misc
Text Notice of Filing Deficiency
Thu 03/21 2:11 PM
TEXT NOTICE OF FILING DEFICIENCY regarding the20 MOTION to Dismiss for Failure to State a Claim or Transfer, and to Strike filed by Pinnacle Bank. Motion returnable before Judge Glenn T Suddaby NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. . Notice of Filing Deficiency Deadline 3/26/2024. The exhibits attached at 20-3 to Pinnacle Bank's motion contain the full address of the pltf Stewart.(see) Modified on 3/21/2024 (see, ) |
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misc
Clerk Correction of Docket Entry
Thu 03/21 2:15 PM
CLERK'S CORRECTION OF DOCKET ENTRY re 3/21/2024 Text Notice of Filing Deficiency. Edited text to reflect the Text Notice of Filing Deficiency is as to the exhibits to Pinnacle Bank's motion. (see) |
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| Wednesday, March 20, 2024 | ||
| 21 | 21
motion
Dismiss for Failure to State a Claim
Wed 03/20 8:03 PM
MOTION to Dismiss for Failure to State a Claim or, in the Alternative, to Strike filed by Bankers Healthcare Group, LLC. Motion returnable before Judge Glenn T. Suddaby Response to Motion due by 4/10/2024. Reply to Response to Motion due by 4/17/2024 (Hletko, Valerie) |
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Att: 1
Memorandum of Law,
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Att: 2
Declaration of Daniel Johnston,
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Att: 3
Exhibit(s) 1,
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Att: 4
Exhibit(s) 2,
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Att: 5
Exhibit(s) 3,
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Att: 6
Exhibit(s) 4,
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Att: 7
Exhibit(s) 5,
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Att: 8
Exhibit(s) 6,
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Att: 9
Exhibit(s) 7,
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Att: 10
Exhibit(s) 8
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| 20 | 20
motion
Dismiss for Failure to State a Claim
Wed 03/20 5:37 PM
MOTION to Dismiss for Failure to State a Claim or Transfer, and to Strike filed by Pinnacle Bank. Motion returnable before Judge Glenn T Suddaby Response to Motion due by 4/10/2024. Reply to Response to Motion due by 4/17/2024 (Scott, Tessa) |
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Att: 1
Memorandum of Law,
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Att: 2
Declaration,
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Att: 3
Exhibit(s)
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| Tuesday, March 19, 2024 | ||
| 19 | 19
notice
Notice of Appearance
Tue 03/19 1:57 PM
NOTICE OF APPEARANCE by Valerie Hletko on behalf of Bankers Healthcare Group, LLC (Hletko, Valerie) |
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| Thursday, February 29, 2024 | ||
| 18 | 18
order
Order on Motion for Limited Admission Pro Hac Vice
Thu 02/29 10:50 AM
TEXT ORDER granting17 Motion for Limited Admission Pro Hac Vice of Valerie Hletko. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/29/2024. (sg) |
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| Wednesday, February 28, 2024 | ||
| 17 | 17
motion
Limited Admission Pro Hac Vice
Wed 02/28 10:30 AM
MOTION for Limited Admission Pro Hac Vice of Valerie L. Hletko Filing fee $100, receipt number ANYNDC-6635099. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Therese Wiley Dancks. (Dennis, Sara) |
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Att: 1
Exhibit(s) Declaration of Sponsor,
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Att: 2
Exhibit(s) Admission Petition,
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Att: 3
Exhibit(s) E-Filing Registration Form,
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Att: 4
Exhibit(s) NYS Certificate of Good Standing,
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Att: 5
Exhibit(s) SDNY Certificate of Good Standing
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| Thursday, February 22, 2024 | ||
| 16 | 16
misc
FRCP 7.1 Corporate Disclosure Statement
Thu 02/22 5:15 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bankers Healthcare Group, LLC. (Dennis, Sara) |
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| 15 | 15
notice
Notice of Appearance
Thu 02/22 5:12 PM
NOTICE OF APPEARANCE by Sara J. Dennis on behalf of Bankers Healthcare Group, LLC (Dennis, Sara) |
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| 14 | 14
order
Order on Letter Request
Thu 02/22 3:43 PM
TEXT ORDER: Court reviewed letter request (Dkt. No.13 ) for an extension of time for all defendants to respond to plaintiff's complaint which is granted for the reasons stated. Defendants shall respond to the complaint by 3/20/2024. BHG Attorney Hletko, who has apparently consented to the extension as referenced in Dkt. No. 13, should file a notice of appearance for BHG immediately. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/22/2024. (sg) |
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| 13 | 13
motion
Letter Request/Motion
Thu 02/22 10:03 AM
Letter Motion from PINNACLE BANK for Pinnacle Bank requesting extension of time for Defendants Pinnacle and BHG to respond to Plaintiffs' Complaintfo submitted to Judge Therese Wiley Dancks . (Scott, Tessa) |
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| Friday, February 09, 2024 | ||
| 12 | 12
notice
Notice of Appearance
Fri 02/09 4:55 PM
NOTICE OF APPEARANCE by David J. Harris, Jr on behalf of All Plaintiffs (Harris, David) |
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| Monday, January 22, 2024 | ||
| 11 | 11
notice
Notice of Appearance
Mon 01/22 4:45 PM
NOTICE OF APPEARANCE by John A. Mueller on behalf of Pinnacle Bank (Mueller, John) |
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| 10 | 10
order
Order on Letter Request
Mon 01/22 4:11 PM
TEXT ORDER granting9 Letter Request for extension of time for defendant Pinnacle Bank to respond to the complaint for the reasons stated. Pinnacle Bank answer due 3/5/2024. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/22/2024. (sg) |
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| 9 | 9
motion
Letter Request/Motion
Mon 01/22 1:48 PM
First Letter Motion from PINNACLE BANK for Pinnacle Bank requesting extension of time to respond submitted to Judge Therese Wiley Dancks . (Scott, Tessa) |
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| Friday, January 05, 2024 | ||
| 8 | 8
service
Waiver of Service Executed
Fri 01/05 4:25 PM
WAIVER OF SERVICE Returned Executed by Wallace Stewart, Rosell Matienzo, Rodcelyn Matienzo. Bankers Healthcare Group, LLC waiver sent on 1/5/2024, answer due 3/5/2024. (Dombrow, Russell) |
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| 7 | 7
service
Certificate of Service
Fri 01/05 12:49 AM
CERTIFICATE OF SERVICE by Rodcelyn Matienzo, Rosell Matienzo, Wallace Stewart re3 G.O. 25 Filing Order,1 Complaint, on Pinnacle Bank (Dombrow, Russell) |
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utility
Set/Reset Answer Deadline
Fri 01/05 8:27 AM
***Answer due date updated for Pinnacle Bank answer due 1/24/2024. (see) |
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| Monday, December 18, 2023 | ||
| 6 | 6
order
Order on Letter Request
Mon 12/18 2:28 PM
TEXT ORDER : Court reviewed letter request (Dkt. No.5 ) for adjournment of the Rule 16 conference and related deadlines which is granted for the reasons stated. The Rule 16 conference and related deadlines are adjourned without new date and will be rescheduled once all defendants have answered the complaint. Plaintiff to file proofs of service or proper waivers of service by 1/12/2024. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/18/2023. (sg ) |
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| Saturday, December 16, 2023 | ||
| 5 | 5
motion
Letter Request/Motion
Sat 12/16 3:26 PM
Letter Motion from Plaintiffs' Co-Counsel Russell W. Dombrow for Rodcelyn Matienzo, Rosell Matienzo, Wallace Stewart requesting Adjournment of Rule 16 Conference submitted to Judge Suddaby or Wiley Dancks . (Dombrow, Russell) |
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| Wednesday, October 18, 2023 | ||
| 4 | 4
notice
Notice of Admission Requirement
Thu 10/19 9:56 AM
NOTICE OF ADMISSION REQUIREMENT as to Party plaintiffs; Attorney David J. Harris, Jr., Email address is djh@classactionlaw.com. Phone number is (619) 238-1333. Admissions due by 11/1/2023. {Emailed to counsel on 10/18/2023}(see) |
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| 3 | 3
misc
G.O. 25 Filing Order
Thu 10/19 9:48 AM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/16/2024 at 10:15 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/9/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
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| 2 | 2
service
Summons Issued
Thu 10/19 9:41 AM
Summonses Issued as to Bankers Healthcare Group, LLC and Pinnacle Bank.(see) |
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Att: 1
Summons for Pinnacle Bank
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| Tuesday, October 17, 2023 | ||
| 1 | 1
cmp
Complaint
Thu 10/19 9:37 AM
CLASS ACTION COMPLAINT WITH JURY DEMAND against Bankers Healthcare Group, LLC and Pinnacle Bank (Filing fee $402 receipt number ANYNDC-6481199) filed by Wallace Stewart, Rosell Matienzo, and Rodcelyn Matienzo.(see) |
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Att: 1
Civil Cover Sheet
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