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119 |
Filed: 11/23/2015, Entered: None |
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Costs Taxed as to 117 USCA Mandate,, USCA Case Number 14-2250. in the amount of $2,284.00. on 11/23/2015 in favor of Balboa Insurance Company, Newport Management Corporation, MeritPlan Insurance Company, Defendants - Appellants against Landon Rothstein, Individually and on behalf of all others similarly situated, Robert Davidson, Ihor Kobryn, individually and on behalf of all others similarly situted, Jennifer Davidson, Plaintiffs - Appellees. (nd) (Entered: 11/23/2015)
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118 |
Filed: 10/13/2015, Entered: None |
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ORDER: In accordance with the Mandate of the United States Court of Appeals for the Second Circuit, filed on October 8, 2015, this case is hereby dismissed. The Clerk of Court is directed to close this case. Any pending motions are moot. (Signed by Judge Alison J. Nathan on 10/13/2015) (tn) (Entered: 10/13/2015)
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117 |
Filed: 10/8/2015, Entered: None |
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MANDATE of USCA (Certified Copy) USCA Case Number 14-2250. The appeal in the above captioned case from an order of the United States District Court for the Southern District of New York was argued on the district courts record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the order of the district court is REVERSED and the case is REMANDED for dismissal accordance to the 116 opinion of this court.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/07/2015. (nd) (Entered: 10/08/2015)
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116 |
Filed: 7/22/2015, Entered: None |
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OPINION of USCA. re: 110 USCA Order. USCA Case Number 14-2250-cv. Defendants Balboa Insurance Company, Newport Management Corporation, and MeritPlan Insurance Company appeal from the order of the United States District Court for the Southern District of New York (Nathan, J.), denying in part their motion to dismiss. The plaintiffs, borrowers who failed to maintain hazard insurance on their mortgaged properties, claim that they were overcharged by their loan servicer for lender-placed insurance sold by the defendants. We conclude that the claims are barred by the filed rate doctrine. Reversed and remanded for dismissal of the case. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/22/2015. (nd) (Entered: 07/22/2015)
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115 |
Filed: 5/20/2015, Entered: None |
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MANDATE of USCA (Certified Copy) USCA Case Number 14-1112.Petitioners move, pursuant to 28 U.S.C. § 1292(b), for leave to appeal an interlocutory order of the district court. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. Petitioners are directed to file a scheduling notification within 14 days of the date of entry of this order pursuant to Second Circuit Local Rule 31.2. Respondents move for this Court to take judicial notice of certain complaints filed in other federal courts and certain documents made public by the New York State Department of Financial Services pursuant to New Yorks Freedom of Information Law. Upon due consideration, it is hereby ORDERED that the motion is GRANTED as to the complaints, and DENIED as to the public documents. See Rothman v. Gregor, 220 F.3d 81, 92 (2d Cir. 2000) (taking judicial notice of another complaint "as a public record"); United States v. Byrnes, 644 F.2d 107, 112 (2d Cir. 1981) (upholding lower courts refusal to take judicial notice of regulations that were irrelevant to the case) Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/20/2015. (nd) (Entered: 05/20/2015)
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114 |
Filed: 7/3/2014, Entered: None |
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MEMO ENDORSED ORDER granting 112 Motion to Stay. ENDORSEMENT: Stay is granted. Please keep the Court (both Judge Nathan and myself) advised of filings, etc. at the Circuit. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 7/3/2014) (ajs) (Entered: 07/03/2014)
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113 |
Filed: 7/2/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 112 MOTION to Stay Proceedings. . Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Attachments: # 1 Exhibit A)(Morrison, Ross) (Entered: 07/02/2014)
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112 |
Filed: 7/2/2014, Entered: None |
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MOTION to Stay Proceedings. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation.(Morrison, Ross) (Entered: 07/02/2014)
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111 |
Filed: 7/1/2014, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Stay Proceedings. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Morrison, Ross) Modified on 7/2/2014 (db). (Entered: 07/01/2014)
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110 |
Filed: 6/25/2014, Entered: None |
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ORDER of USCA (Certified Copy) USCA Case Number 14-1112.Petitioners move, pursuant to 28 U.S.C. § 1292(b), for leave to appeal an interlocutory order of the district court. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. Petitioners are directed to file a scheduling notification within 14 days of the date of entry of this order pursuant to Second Circuit Local Rule 31.2. Respondents move for this Court to take judicial notice of certain complaints filed in other federal courts and certain documents made public by the New York State Department of Financial Services pursuant to New Yorks Freedom of Information Law. Upon due consideration, it is hereby ORDERED that the motion is GRANTED as to the complaints, and DENIED as to the public documents. See Rothman v. Gregor, 220 F.3d 81, 92 (2d Cir. 2000) (taking judicial notice of another complaint "as a public record"); United States v. Byrnes, 644 F.2d 107, 112 (2d Cir. 1981) (upholding lower courts refusal to take judicial notice of regulations that were irrelevant to the case). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/25/2014. [New USCA Case No. 14-2250-cv.] (nd) (Entered: 06/25/2014)
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109 |
Filed: 5/15/2014, Entered: None |
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STIPULATION CONCERNING PLAINTIFFS' THIRD AMENDED COMPLAINT: It is hereby stipulated by and between Plaintiffs and Defendants in the above-captioned matter, by their respective attorneys, as follows: 1. Plaintiffs may file their Third Amended Complaint pursuant to Federal Rules of Civil Procedure 15(a)(2) and 20, a true and correct copy of which is attached hereto as Exhibit "A." 5. Defendants will have forty-five days (45) from the filing of the Third Amended Complaint to respond to the Third Amended Complaint. 6. All dates provided in the April 8, 2014 Scheduling Order are unaffected by the filing of the Third Amended Complaint. (Signed by Judge Alison J. Nathan on 05/15/2014) (djc) Modified on 6/18/2014 (djc). (Entered: 06/17/2014)
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108 |
Filed: 5/21/2014, Entered: None |
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ELECTRONIC SUMMONS ISSUED as to QBE Specialty Insurance Company. (cde) (Entered: 05/21/2014)
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107 |
Filed: 5/21/2014, Entered: None |
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ELECTRONIC SUMMONS ISSUED as to QBE Insurance Corporation. (cde) (Entered: 05/21/2014)
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106 |
Filed: 5/21/2014, Entered: None |
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ELECTRONIC SUMMONS ISSUED as to QBE First Insurance Agency, Inc. (cde) (Entered: 05/21/2014)
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105 |
Filed: 5/21/2014, Entered: None |
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ELECTRONIC SUMMONS ISSUED as to Praetorian Insurance Company. (cde) (Entered: 05/21/2014)
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104 |
Filed: 5/20/2014, Entered: None |
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REQUEST FOR ISSUANCE OF SUMMONS as to QBE Specialty Insurance Company, re: 100 Amended Complaint,,. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein. (Strauss, Mark) (Entered: 05/20/2014)
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103 |
Filed: 5/20/2014, Entered: None |
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REQUEST FOR ISSUANCE OF SUMMONS as to QBE Insurance Corporation, re: 100 Amended Complaint,,. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein. (Strauss, Mark) (Entered: 05/20/2014)
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102 |
Filed: 5/20/2014, Entered: None |
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REQUEST FOR ISSUANCE OF SUMMONS as to QBE First Insurance Agency, Inc., re: 100 Amended Complaint,,. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein. (Strauss, Mark) (Entered: 05/20/2014)
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101 |
Filed: 5/20/2014, Entered: None |
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REQUEST FOR ISSUANCE OF SUMMONS as to Praetorian Insurance Company, re: 100 Amended Complaint,,. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein. (Strauss, Mark) (Entered: 05/20/2014)
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100 |
Filed: 5/20/2014, Entered: None |
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THIRD AMENDED COMPLAINT amending 39 Amended Complaint, against Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation, Praetorian Insurance Company, QBE First Insurance Agency, Inc., QBE Insurance Corporation, QBE Specialty Insurance Company with JURY DEMAND.Document filed by Ihor Kobryn, Robert Davidson, Landon Rothstein, Jennifer Davidson. Related document: 39 Amended Complaint, filed by Robert Davidson, Jennifer Davidson, Ihor Kobryn, Landon Rothstein.(Strauss, Mark) (Entered: 05/20/2014)
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99 |
Filed: 5/15/2014, Entered: None |
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STIPULATION CONCERNING PLAINTIFFS' THIRD AMENDED COMPLAINT: Plaintiffs may file their Third Amended Complaint pursuant to Federal Rules of Civil Procedure 15(a)(2) and 20, a true and correct copy of which is attached hereto as Exhibit "A.," and as further set forth in this document. Defendants will have forty-five days ( 45) from the filing of the Third Amended Complaint to respond to the Third Amended Complaint. (Signed by Judge Alison J. Nathan on 5/15/2014) (cd) (Entered: 05/20/2014)
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98 |
Filed: 5/16/2014, Entered: None |
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MEMO ENDORSEMENT on re: 97 Letter filed by Balboa Insurance Company, Newport Management Corporation, MeritPlan Insurance Company. ENDORSEMENT: The case management conference currently scheduled for May 23, 2014, is adjourned sine die. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/16/2014) (kgo) (Entered: 05/16/2014)
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97 |
Filed: 5/16/2014, Entered: None |
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LETTER addressed to Judge Alison J. Nathan from Ross E. Morrison dated May 16, 2014 re: Case Management Conference. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation.(Morrison, Ross) (Entered: 05/16/2014)
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96 |
Filed: 5/15/2014, Entered: None |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from Mark A. Strauss dated 5/15/2014 re: The parties conferred on the issue and decided not to submit a renewed redaction request. Plaintiffs now respectfully submit this letter to Your Honor, amending the Stipulation filed on April 23, 2014 for Your Honor's signature, and for filing of the unredacted Third Amended Complaint via ECF. Defendants consent to this request. ENDORSEMENT: The Court will sign the parties' Stipulation. However, the parties are reminded that, pursuant to Rule 1.A of the the Court's Individual Practices in Civil Cases, all such letters must be filed on ECF. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/15/2014) (djc) (Entered: 05/16/2014)
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95 |
Filed: 4/29/2014, Entered: None |
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ORDER: The parties have failed to provide such an explanation. Accordingly, their request is preliminarily denied. The parties may renew their redaction request by submitting a letter that complies with Rule 4.A within one week of the date of this order. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/29/2014) (ama) (Entered: 04/29/2014)
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94 |
Filed: 4/8/2014, Entered: None |
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STIPULATION AND AMENDED SCHEDULING ORDER: The parties hereby stipulate and agree, subject to the Court's approval, that the operative deadlines in the action shall be extended at follows: Deadline to file class certification motion: 330 days from date of entry of Initial Scheduling Order [September 20, 2014]. -Note- Further extension are unlikely. (Motions due by 9/20/2014.) (Signed by Magistrate Judge Andrew J. Peck on 4/8/2014) (ft) (Entered: 04/08/2014)
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93 |
Filed: 4/4/2014, Entered: None |
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LETTER MOTION for Extension of Time addressed to Magistrate Judge Andrew J. Peck from Mark A. Strauss dated April 4, 2014. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein. (Attachments: # 1 Text of Proposed Order)(Strauss, Mark) (Entered: 04/04/2014)
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92 |
Filed: 4/3/2014, Entered: None |
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ORDER granting 71 Motion for Certificate of Appealability. For the foregoing reasons, Defendants' motion is GRANTED. This resolves Docket Number 71. SO ORDERED(Signed by Judge Alison J. Nathan on 4/03/2014) (ama) (Entered: 04/03/2014)
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91 |
Filed: 3/27/2014, Entered: None |
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MEMO ENDORSEMENT on 90 Letter, filed by Robert Davidson, Jennifer Davidson, Ihor Kobryn, Landon Rothstein. ENDORSEMENT: 1. The 3/31 conf. is adjourned at the parties' request. 2. The proposed revised scheduling order is to be submitted to me for approval. Make sure you have read my Chambers Procedures. 3. Counsel are to contact my chambers if they have any disputes or other need for a conference. (Signed by Magistrate Judge Andrew J. Peck on 3/27/2014) (ft) (Entered: 03/27/2014)
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90 |
Filed: 3/27/2014, Entered: None |
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LETTER addressed to Magistrate Judge Andrew J. Peck from Mark A. Strauss dated March 27, 2014 re: withdrawal of Letter Motion for Local Rule 37.2 Conference. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein.(Strauss, Mark) (Entered: 03/27/2014)
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89 |
Filed: 3/27/2014, Entered: None |
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RULE 502(d) ORDER: 1. The production of privileged or work-product protected documents, electronically stored information ("ESI") or information, whether inadvertent or otherwise, is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). 2. Nothing contained herein is intended to or shall serve to limit a party's right to conduct a review of documents, ESI or information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production. (Signed by Magistrate Judge Andrew J. Peck on 3/27/2014) (ft) (Entered: 03/27/2014)
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88 |
Filed: 3/26/2014, Entered: None |
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ORDER granting 85 Letter Motion for Local Rule 37.2 Conference (Status Conference set for 3/21/2014 at 02:30 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Judge Alison J. Nathan.); granting 86 Letter Motion for Extension of Time to File Response/Reply re 86 LETTER MOTION for Extension of Time to File Response/Reply as to 85 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Alison J. Nathan from Mark A. Strauss dated March 25, 2014. addressed to Judge Alison J. Nathan from Ross E. Morris LETTER MOTION for Extension of Time to File Response/Reply as to 85 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Alison J. Nathan from Mark A. Strauss dated March 25, 2014. addressed to Judge Alison J. Nathan from Ross E. Morris. 1. Extension for letter to 3/28 approved. 2. The Court will hold a conference on 3/21/14 at 2:30 PM (500 Pearl St. Rm. 20D)3. This resolves letter motion Dkt. No. 85 and 86. Copies by ECF to: All Counsel Judge Nathan. (Responses due by 3/28/2014.). (Signed by Magistrate Judge Andrew J. Peck on 3/26/2014) (kgo) Modified on 3/26/2014 (kgo). (Entered: 03/26/2014)
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87 |
Filed: 3/26/2014, Entered: None |
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. Motions referred to Andrew J. Peck. (Signed by Judge Alison J. Nathan on 3/26/2014) (djc) (Entered: 03/26/2014)
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86 |
Filed: 3/26/2014, Entered: None |
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LETTER MOTION for Extension of Time to File Response/Reply as to 85 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Alison J. Nathan from Mark A. Strauss dated March 25, 2014. addressed to Judge Alison J. Nathan from Ross E. Morrison dated March 26, 2014. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation.(Morrison, Ross) (Entered: 03/26/2014)
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85 |
Filed: 3/25/2014, Entered: None |
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LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Alison J. Nathan from Mark A. Strauss dated March 25, 2014. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein.(Strauss, Mark) (Entered: 03/25/2014)
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84 |
Filed: 3/6/2014, Entered: None |
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STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P.41(A)(1)(a)(ii): IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto and/or their respective counsel that the above-captioned action is voluntarily dismissed with prejudice as against defendants Ally Financial, Inc. and Ally Bank, and without costs or fees to any party, pursuant to the Federal Rules of Civil Procedure 41(a). (Signed by Judge Alison J. Nathan on 3/6/2014) (djc) (Entered: 03/06/2014)
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83 |
Filed: 3/5/2014, Entered: None |
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DOCUMENT REFERRED TO JUDGE FOR APPROVAL - 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) Ally Bank, Ally Financial, Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ihor Kobryn, Robert Davidson, Landon Rothstein, Jennifer Davidson.(Strauss, Mark) Modified on 3/6/2014 (jno). (Entered: 03/05/2014)
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82 |
Filed: 2/10/2014, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/25/13 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) (Entered: 02/10/2014)
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81 |
Filed: 2/10/2014, Entered: None |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 10/25/2013 before Judge Alison J. Nathan. Court Reporter/Transcriber: William Richards, (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 3/6/2014. Redacted Transcript Deadline set for 3/17/2014. Release of Transcript Restriction set for 5/15/2014.(McGuirk, Kelly) (Entered: 02/10/2014)
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80 |
Filed: 1/10/2014, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 71 MOTION for Certificate of Appealability of Court's September 30, 2013 Opinion and Order.. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Morrison, Ross) (Entered: 01/10/2014)
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79 |
Filed: 12/20/2013, Entered: None |
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MEMORANDUM & ORDER denying 63 Motion for Reconsideration. A moving party must "point to controlling decisions or data that the court overlooked-matters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Iowa Pub. Employees' Retirement Sys., 2013 WL 5418641, at *3 (quoting Cioce v. Cnty. Of Westchester, 128 F. App'x 181, 185 (2d Cir. 2005)) (emphasis added). The Balboa Defendants, who acknowledge that no legal principle requires the Court to reach the additional predicate acts and "are not arguing that the Court erred as a matter of law in declining to rule on these predicates," Def. Reply 1, have not met this demanding standard, and the motion for reconsideration is denied. SO ORDERED. This resolves Docket Number 63. (Signed by Judge Alison J. Nathan on 12/20/2013) (ft) (Entered: 12/20/2013)
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Filed: 12/20/2013, Entered: None |
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LETTER addressed to Judge Alison J. Nathan from Richard G. Haddad dated 12/20/2013 re: Order dated October 28, 2013 (ECF No. 67).. Document filed by Ally Bank, Ally Financial, Inc..(Haddad, Richard) (Entered: 12/20/2013)
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Filed: 12/18/2013, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 71 MOTION for Certificate of Appealability of Court's September 30, 2013 Opinion and Order.. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein. (Strauss, Mark) (Entered: 12/18/2013)
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Filed: 12/4/2013, Entered: None |
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RESPONSE in Support of Motion re: 63 MOTION for Reconsideration re; 58 Memorandum & Opinion, Set Deadlines/Hearings,,,,,,. MOTION for Reconsideration re; 58 Memorandum & Opinion, Set Deadlines/Hearings,,,,,,.. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Morrison, Ross) (Entered: 12/04/2013)
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Filed: 11/27/2013, Entered: None |
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ORDER granting 74 Letter Motion for Extension of Time to File Response/Reply re 71 MOTION for Certificate of Appealability of Court's September 30, 2013 Opinion and Order. The parties' requests are granted. The deadline to respond to the motion is extended to 12/18/2013, and the deadline to reply is extended to 1/10/2014. Responses due by 12/18/2013 Replies due by 1/10/2014. (Signed by Judge Alison J. Nathan on 11/27/2013) (cd) (Entered: 11/27/2013)
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Filed: 11/26/2013, Entered: None |
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LETTER MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Certificate of Appealability of Court's September 30, 2013 Opinion and Order. addressed to Judge Alison J. Nathan from Mark A. Strauss dated November 26, 2013. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein.(Strauss, Mark) (Entered: 11/26/2013)
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Filed: 11/25/2013, Entered: None |
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ANSWER to 39 Amended Complaint,. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation.(Morrison, Ross) (Entered: 11/25/2013)
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Filed: 11/21/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: 71 MOTION for Certificate of Appealability of Court's September 30, 2013 Opinion and Order.. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Attachments: # 1 Exhibit A)(Morrison, Ross) (Entered: 11/21/2013)
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Filed: 11/21/2013, Entered: None |
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MOTION for Certificate of Appealability of Court's September 30, 2013 Opinion and Order. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. Return Date set for 12/19/2013 at 12:00 PM.(Morrison, Ross) (Entered: 11/21/2013)
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Filed: 11/20/2013, Entered: None |
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ORDER granting 69 Letter Motion for Extension of Time to File Response/Reply re 63 MOTION for Reconsideration re; 58 Memorandum & Opinion. Replies due by 12/4/2013. (Signed by Judge Alison J. Nathan on 11/20/2013) (cd) (Entered: 11/20/2013)
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Filed: 11/19/2013, Entered: None |
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LETTER MOTION for Extension of Time to File Response/Reply as to 63 MOTION for Reconsideration re; 58 Memorandum & Opinion, Set Deadlines/Hearings,,,,,,. MOTION for Reconsideration re; 58 Memorandum & Opinion, Set Deadlines/Hearings,,,,,,. addressed to Judge Alison J. Nathan from Ross E. Morrison dated November 19, 2013. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation.(Morrison, Ross) (Entered: 11/19/2013)
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Filed: 11/11/2013, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 63 MOTION for Reconsideration re; 58 Memorandum & Opinion, Set Deadlines/Hearings,,,,,,. MOTION for Reconsideration re; 58 Memorandum & Opinion, Set Deadlines/Hearings,,,,,,.. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein. (Strauss, Mark) (Entered: 11/11/2013)
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Filed: 10/28/2013, Entered: None |
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ORDER: As discussed at the October 25, 2013, conference in the above-captioned case, Plaintiff and Defendant Ally Financial are to submit to the Court by December 20, 2013, a joint letter indicating the status of their settlement proceedings. (Signed by Judge Alison J. Nathan on 10/28/2013) (cd) (Entered: 10/28/2013)
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Filed: 10/25/2013, Entered: None |
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CIVIL CASE MANAGEMENT PLAN AND SCEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge. This case is to be tried to a jury, Case Management Conference set for 5/23/2013 at 11:00 AM before Judge Alison J. Nathan, and as further set forth in this document. (Signed by Judge Alison J. Nathan on 10/25/2013) (cd) (Entered: 10/25/2013)
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Request |
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65 |
Filed: 10/22/2013, Entered: None |
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INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Civil Case Management Plan Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation.(Morrison, Ross) (Entered: 10/22/2013)
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Request |
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64 |
Filed: 10/21/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: 63 MOTION for Reconsideration re; 58 Memorandum & Opinion, Set Deadlines/Hearings,,,,,,. MOTION for Reconsideration re; 58 Memorandum & Opinion, Set Deadlines/Hearings,,,,,,.. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Morrison, Ross) (Entered: 10/21/2013)
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Request |
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63 |
Filed: 10/21/2013, Entered: None |
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MOTION for Reconsideration re; 58 Memorandum & Opinion, Set Deadlines/Hearings,,,,,,. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. Return Date set for 11/18/2013 at 11:59 PM.(Morrison, Ross) (Entered: 10/21/2013)
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Request |
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62 |
Filed: 10/15/2013, Entered: None |
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ORDER granting 59 Letter Motion to Adjourn Conference. The conference is adjourned and rescheduled for October 25, 2013, at 11:15 AM. The parties' updated case management plan, as discussed in Dkt. No. 58, is now due October 18, 2013. This resolves Dkt. No. 59. Status Conference set for 10/25/2013 at 11:15 AM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 10/15/2013) (lmb) (Entered: 10/15/2013)
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61 |
Filed: 10/15/2013, Entered: None |
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ORDER granting 60 Letter Motion for Extension of Time. Granted and so ordered. This resolves Dkt. No. 60.Motions due by 10/21/2013. (Signed by Judge Alison J. Nathan on 10/15/2013) (lmb) (Entered: 10/15/2013)
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60 |
Filed: 10/11/2013, Entered: None |
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LETTER MOTION for Extension of Time to File Motion for Reconsideration addressed to Judge Alison J. Nathan from Ross E. Morrison dated October 11, 2013. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation.(Morrison, Ross) (Entered: 10/11/2013)
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Request |
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59 |
Filed: 10/11/2013, Entered: None |
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JOINT LETTER MOTION to Adjourn Conference and Extend Time to Submit Updated Case Management Plan addressed to Judge Alison J. Nathan from Ross E. Morrison dated October 11, 2013. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation.(Morrison, Ross) (Entered: 10/11/2013)
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58 |
Filed: 9/30/2013, Entered: None |
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OPINION AND ORDER re: 43 MOTION to Dismiss the Second Amended Complaint filed by Balboa Insurance Company, Newport Management Corporation, MeritPlan Insurance Company. For the reasons stated above, Defendants' Motion to Dismiss, Dkt. No. 43, is GRANTED insofar as Plaintiffs' RESPA claim, pursuant to 12 U.S.C. § 1607(a), is dismissed for failure to state a claim, under Federal Rule of Civil Procedure 12(b)(6). The remainder of Defendants' Motion to Dismiss is DENIED. Status Conference set for 10/18/2013 at 11:45 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. By October 11,2013, the parties are to submit an updated case management plan, to replace Dkt. No. 37. This Opinion and Order resolves Docket Number 43. (Signed by Judge Alison J. Nathan on 9/30/2013) (cd) (Entered: 09/30/2013)
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57 |
Filed: 4/12/2013, Entered: None |
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RESPONSE re: 55 Declaration in Opposition to Motion,. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Morrison, Ross) (Entered: 04/12/2013)
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56 |
Filed: 4/8/2013, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss the Second Amended Complaint.. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Morrison, Ross) (Entered: 04/08/2013)
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Request |
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55 |
Filed: 4/8/2013, Entered: None |
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DECLARATION of Mark A. Strauss in Opposition re: 43 MOTION to Dismiss the Second Amended Complaint.. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Strauss, Mark) (Entered: 04/08/2013)
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Request |
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54 |
Filed: 4/8/2013, Entered: None |
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NOTICE OF APPEARANCE by Thomas W. Elrod on behalf of Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein (Elrod, Thomas) (Entered: 04/08/2013)
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Request |
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53 |
Filed: 4/4/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from Mark A. Strauss dated 4/1/2013 re: Request leave to supplement the record with respect to our opposition to the Balboa defendants' motion to dismiss. ENDORSEMENT: Plaintiffs may file a supplemental declaration by April 8, 2013. The declaration may not exceed four double spaced pages in length and is to be strictly limited to discussion of the "events" listed above. Should Defendants choose to, they may respond to Plaintiffs' declaration by April 12, 2013, subject to the same page limitation. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/4/2013) (cd) (Entered: 04/05/2013)
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52 |
Filed: 3/29/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from Ross E. Morrison dated 3/29/2013 re: I write to request i) a five-page enlargement of the Court's ten-page limit applicable to the Balboa Defendants' reply memorandum of law in support of their motion to dismiss; and ii) a four-day extension of time, from April 4, 2013, until April 8, 2013, for the Balboa Defendants to file their reply memorandum. ENDORSEMENT: So Ordered. Set Deadlines/Hearing as to 43 MOTION to Dismiss the Second Amended Complaint. ( Replies due by 4/8/2013.) (Signed by Judge Alison J. Nathan on 3/29/2013) (cd) (Entered: 04/01/2013)
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Request |
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51 |
Filed: 3/25/2013, Entered: None |
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DECLARATION of Mark A. Strauss in Opposition re: 43 MOTION to Dismiss the Second Amended Complaint.. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein. (Attachments: # 1 Exhibit NYSDFS Transcript Excerpts, # 2 Exhibit Assurant Press Release, # 3 Exhibit Consent Order, # 4 Exhibit Squillante Testimony to NYSDFS, # 5 Exhibit Greenpoint Mortgage Form 10-K, # 6 Exhibit GMAC Mortgage Pooling and Servicing Agreement, # 7 Exhibit Balboa Press Release)(Strauss, Mark) (Entered: 03/25/2013)
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50 |
Filed: 3/25/2013, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 43 MOTION to Dismiss the Second Amended Complaint.. Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein. (Strauss, Mark) (Entered: 03/25/2013)
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Request |
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49 |
Filed: 3/21/2013, Entered: None |
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ORDER: In light of Defendants' Motion to Dismiss the Second Amended Complaint, (Dkt. No. 43), it is ORDERED that Defendants' previously filed motion to dismiss the amended complaint, (Dkt. No. 30), is hereby administratively denied. (Signed by Judge Alison J. Nathan on 3/21/2013) (cd) (Entered: 03/21/2013)
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Request |
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48 |
Filed: 3/18/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from Mark A. Strauss dated 3/18/2013 re: Request to enlarge by 10 pages the Court's 25 page limit for memoranda of law. ENDORSEMENT: So Ordered. (Signed by Judge Alison J. Nathan on 3/18/2013) (cd) (Entered: 03/19/2013)
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47 |
Filed: 3/15/2013, Entered: None |
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STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alison J. Nathan on 3/15/2013) (cd) (Entered: 03/18/2013)
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Request |
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46 |
Filed: 2/25/2013, Entered: None |
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DECLARATION of Denise Cahen in Support re: 43 MOTION to Dismiss the Second Amended Complaint.. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Morrison, Ross) (Entered: 02/25/2013)
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Request |
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45 |
Filed: 2/25/2013, Entered: None |
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DECLARATION of Kurt Petersen in Support re: 43 MOTION to Dismiss the Second Amended Complaint.. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Morrison, Ross) (Entered: 02/25/2013)
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Request |
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44 |
Filed: 2/25/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss the Second Amended Complaint.. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Morrison, Ross) (Entered: 02/25/2013)
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Request |
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43 |
Filed: 2/25/2013, Entered: None |
Motion to Dismiss |
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MOTION to Dismiss the Second Amended Complaint. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. Responses due by 3/22/2013 Return Date set for 4/4/2013 at 11:59 PM.(Morrison, Ross) (Entered: 02/25/2013)
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Request |
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42 |
Filed: 2/4/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from Ross E. Morrison dated 02/01/2013 re: We represent defendants Balboa Insurance Company, Meritplan Insurance Company, and Newport Management Corporation (together, the "Balboa Defendants"), in the above-referenced action. We write to request an extension of time, from February 8, 2013, until March 4, 2013, for the Balboa Defendants to file their motion to dismiss the Second Amended Complaint in this action. ENDORSEMENT: Defendants' request for an extension of the deadline for filing a motion to dismiss is granted in part. Defendants' motion to dismiss will now be due by 02/22/2013, Plaintiffs' opposition will be due by 03/22/2013, and Defendants' reply, if any, will be due by 04/04/2013., (Motions due by 2/22/2013., Responses due by 3/22/2013, Replies due by 4/4/2013.) (Signed by Judge Alison J. Nathan on 02/04/2013) (jcs) (Entered: 02/04/2013)
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41 |
Filed: 2/1/2013, Entered: None |
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ORDER GRANTING MOTION TO WITHDRAW THE APPEARANCE OF MATTHEW P. PREVIN AS COUNSEL FOR DEFENDANTS BALBOA INSURANCE COMPANY, MERITPLAN INSURANCE COMPANY, AND NEWPORT MANAGEMENT CORPORATION granting 40 Motion to Withdraw. This matter came before the Court on Defendants Balboa Insurance Company, Meritplan Insurance Company, and Newport Management Corporation's Motion to Withdraw the Appearance of Matthew P. Previn as their Counsel filed on January 29, 2012. It is hereby ORDERED that the Motion to Withdraw the Appearance of Matthew P. Previn as Counsel is granted. (Signed by Judge Alison J. Nathan on 2/1/2013) Copies Furnished to All Counsel of Record. (mro) (Entered: 02/04/2013)
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Request |
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40 |
Filed: 1/29/2013, Entered: None |
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MOTION to Withdraw the Appearance of Matthew P. Previn as Counsel for Defendants Balboa Insurance Company, MeritPlan Insurance Company, and Newport Management Corporation. Document filed by Balboa Insurance Company, MeritPlan Insurance Company, Newport Management Corporation. (Attachments: # 1 Text of Proposed Order)(Previn, Matthew) (Entered: 01/29/2013)
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Request |
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39 |
Filed: 1/22/2013, Entered: None |
Amended Complaint |
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SECOND AMENDED COMPLAINT amending 25 Amended Complaint, against Ally Bank, Ally Financial, Inc., Balboa Insurance Company, John Doe Corporation, MeritPlan Insurance Company, Newport Management Corporation with JURY DEMAND.Document filed by Ihor Kobryn, Robert Davidson, Landon Rothstein, Jennifer Davidson. Related document: 25 Amended Complaint, filed by Robert Davidson, Jennifer Davidson, Ihor Kobryn, Landon Rothstein.(tro) (mro). (Entered: 01/24/2013)
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Request |
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38 |
Filed: 1/23/2013, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Ross Eric Morrison on behalf of Balboa Insurance Company, MeritPlan insurance Company, Newport Management Corporation. New Address: BuckleySandler LLP, 1133 Avenue of the Americas, Suite 3100, New York, New York, 10036, (212) 600-2315. (Morrison, Ross) (Entered: 01/23/2013)
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Request |
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37 |
Filed: 1/18/2013, Entered: None |
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INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Joint Case Management Report Document filed by Jennifer Davidson, Robert Davidson, Ihor Kobryn, Landon Rothstein.(Strauss, Mark) (Entered: 01/18/2013)
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Request |
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36 |
Filed: 1/17/2013, Entered: None |
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NOTICE OF APPEARANCE by Ross Eric Morrison on behalf of Balboa Insurance Company, MeritPlan insurance Company, Newport Management Corporation (Morrison, Ross) (Entered: 01/17/2013)
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Request |
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35 |
Filed: 1/2/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from Mark A. Strauss dated 12/26/2012 re: We represent plaintiffs in the above-referenced matter. We respectfully write pursuant to Rule 3(F) of the Court's Individual Practices in Civil Cases to inform the Court that we intend to move for leave to file a second amended complaint ("SAC") in this matter pursuant to Rule 15(a)(2). ENDORSEMENT: Pursuant to this Court's individual rule 3(F), in response to a motion to dismiss the non-moving party may once elect to amend its complaint. Plaintiffs therefore need not move for leave to file a Second Amended Complaint ("SAC") and should file it in a timely fashion under the relevant rules. If a SAC is filed, defendants may answer, file a new motion to dismiss, or submit a letter indicating they rely on the initially filed motion to dismiss. (Signed by Judge Alison J. Nathan on 1/2/2013) (djc) (Entered: 01/03/2013)
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34 |
Filed: 12/17/2012, Entered: None |
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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS ALLY FINANCIAL INC. AND ALLY BANK TO RESPOND TO THE AMENDED COMPLAINT UNTIL AFTER RESOLUTION OF CERTAIN PROCEEDINGS IN THE BANKRUPTCY COURT RELATING TO THE AUTOMATIC STAY. IT IS STIPULATED AND AGREED, by and between counsel for Plaintiffs and Ally as follows: 1. The deadline for Ally to respond to the Amended Complaint is hereby extended until twenty days after the later of (a) a final and non-appealable Order of the Bankruptcy Court on any Stay Enforcement Motion or (b) a final and non-appealable Order of the Bankruptcy Court on any Stay Extension Motion, provided such motion(s) are filed on or before December 21, 2012. 2. Ally agrees that as to Plaintiffs it will only seek injunctive and/or declaratory relief in the Bankruptcy Court and that Ally will not (i) seek to have Plaintiffs or their counsel held in contempt of court, (ii) request or otherwise seek an award of attorneys' fees, costs or sanctions of any kind against Plaintiffs, or (iii) argue that Plaintiffs or their counsel acted in bad faith, or willfully, in connection with any violation of the automatic stay by commencing or prosecuting the District Court Action. 3. It is not the intention of the parties hereto that this stipulation shall impact the proceeding against defendants other than Ally. (Signed by Judge Alison J. Nathan on 12/17/2012) (rjm) (Entered: 12/20/2012)
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33 |
Filed: 12/13/2012, Entered: None |
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DECLARATION of Denise Cahen in Support re: 30 MOTION to Dismiss the Amended Complaint.. Document filed by Balboa Insurance Company, MeritPlan insurance Company, Newport Management Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Previn, Matthew) (Entered: 12/13/2012)
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Request |
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32 |
Filed: 12/13/2012, Entered: None |
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DECLARATION of Kurt Petersen in Support re: 30 MOTION to Dismiss the Amended Complaint.. Document filed by Balboa Insurance Company, MeritPlan insurance Company, Newport Management Corporation. (Previn, Matthew) (Entered: 12/13/2012)
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Request |
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31 |
Filed: 12/13/2012, Entered: None |
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MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss the Amended Complaint.. Document filed by Balboa Insurance Company, MeritPlan insurance Company, Newport Management Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Previn, Matthew) (Entered: 12/13/2012)
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30 |
Filed: 12/13/2012, Entered: None |
Motion to Dismiss |
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MOTION to Dismiss the Amended Complaint. Document filed by Balboa Insurance Company, MeritPlan insurance Company, Newport Management Corporation. Responses due by 1/21/2013(Previn, Matthew) (Entered: 12/13/2012)
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Request |
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29 |
Filed: 12/13/2012, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent QBE Insurance Group Limited, Corporate Parent QBE Financial Instiution Risk Services, Inc., Corporate Parent QBE Holdings, Inc. for Newport Management Corporation. Document filed by Newport Management Corporation.(Previn, Matthew) (Entered: 12/13/2012)
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Request |
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28 |
Filed: 11/28/2012, Entered: None |
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STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO AMENDED COMPLAINT AND ESTABLISHING BRIEFING SCHEDULE FOR DEFENDANTS' ANTICIPATED MOTIONS TO DISMISS: IT IS STIPULATED AND AGREED, by and among counsel for the parties to this action, as follows: 1. Defendants shall answer, move or otherwise respond to the Amended Complaint on or before December 13, 2012; 2. Plaintiffs shall file any papers in opposition to Defendants' anticipated Motions to Dismiss the Amended Complaint on or before January 21, 2013; 3. Defendants shall file any reply papers in support of their anticipated Motions to Dismiss on or before February 8, 2013., Ally Bank answer due 12/13/2012; Ally Financial, Inc. answer due 12/13/2012; Balboa Insurance Company answer due 12/13/2012; John Doe Corporation answer due 12/13/2012; MeritPlan insurance Company answer due 12/13/2012; Newport Management Corporation answer due 12/13/2012.( Responses due by 1/21/2013, Replies due by 2/8/2013.) (Signed by Judge Alison J. Nathan on 11/28/2012) (lmb) (Entered: 11/28/2012)
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Request |
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27 |
Filed: 10/23/2012, Entered: None |
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STIPULATION AND ORDER REGARDING ADJOURNMENT OF INITIAL PRETRIAL CONFERENCE AND SETTING SCHEDULE FOR RESPONDING TO AMENDED COMPLAINT: Defendants shall answer, move, or otherwise respond to the amended complaint by November 29, 2012. The initial pretrial conference, currently scheduled for October 25, 2012 at 11:00 a.m., is hereby adjourned to December 14, 2012, at 1:00 pm. Pursuant to Section I.A. of the Pilot Project, the parties shall file an Initial Report no later than 7 days before the initial pretrial conference. The parties agree to waive the pre-motion conference requirement for any motions to dismiss the amended complaint, in accordance with Section III.A.4 of the Pilot Project and subject to the Court's approval. ENDORSEMENT: SO ORDERED. The initial pretrial conference initially set for October 25, 2012 shall be held on Dec. 14, 2012 at 1:00 p.m. Additionally, counsel are directed to confer with each other prior to the conference and to file an Initial Report no later than seven days prior to the initial pretrial conference that addresses the matters set forth in the Court's June 5, 2012 Order. Ally Bank answer due 11/29/2012; Ally Financial, Inc. answer due 11/29/2012; Balboa Insurance Company answer due 11/29/2012; John Doe Corporation answer due 11/29/2012; MeritPlan insurance Company answer due 11/29/2012; Newport Management Corporation answer due 11/29/2012. (Initial Conference set for 12/14/2012 at 01:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/23/2012) (ft) (Entered: 10/23/2012)
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Request |
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26 |
Filed: 10/19/2012, Entered: None |
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NOTICE OF APPEARANCE by Richard Gerard Haddad on behalf of Ally Bank, Ally Financial, Inc. (Haddad, Richard) (Entered: 10/19/2012)
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Request |
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25 |
Filed: 9/28/2012, Entered: None |
Amended Complaint |
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FIRST AMENDED COMPLAINT amending 1 Complaint against Balboa Insurance Company, GMAC Mortgage, LLC, MeritPlan insurance Company, Robert Davidson, Ihor Kobryn, Jennifer Davidson, Ally Financial, Inc., Ally Bank, John Doe Corporation, Newport Management Corporation with JURY DEMAND. Document filed by Landon Rothstein, Robert Davidson, Ihor Kobryn, Jennifer Davidson.Related document: 1 Complaint filed by Landon Rothstein. (rcvd on 10/10/12 )(djc) (Entered: 10/10/2012)
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Request |
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24 |
Filed: 9/28/2012, Entered: None |
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CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL DENYING TRANSFER....that the motion, pursuant to 28 U.S.C. 1407(c), for transfer of three actions listed on the attach Schedule A and pending in the Southern District of New York, to the United States District Court - Southern District of Florida, be, and the same hereby is denied. (Signed by MDL Panel on 9/28/2012) (sjo) (Entered: 09/28/2012)
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Request |
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23 |
Filed: 7/23/2012, Entered: None |
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STIPULATION AND ORDER REGARDING ADJOURNMENT OF INITIAL PRETRIAL CONFERENCE AND SETTING SCHEDULE FOR FILING OF AMENDED COMPLAINT: Plaintiff shall file an amended complaint by September 28, 2012. Defendants shall answer, move, or otherwise respond to the amended complaint within thirty (30) days after it is filed. The initial pretrial conference, currently scheduled for August 3, 2012, is hereby adjourned to November 2, 2012, at 11:00 pm. Pursuant to Section I.A. of the Pilot Project, the parties shall file an Initial Report no later than 7 days before the initial pretrial conference. Additional relief as set forth in this Order. ( Amended Pleadings due by 9/28/2012., Initial Conference set for 11/2/2012 at 11:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 7/23/2012) (pl) (Entered: 07/23/2012)
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Request |
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22 |
Filed: 7/6/2012, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE granting 18 Motion for Katherine L Halliday to Appear Pro Hac Vice. (Signed by Judge Alison J. Nathan on 7/6/2012) (cd) (Entered: 07/09/2012)
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Request |
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21 |
Filed: 7/6/2012, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE granting 19 Motion for Robyn C Quattrone to Appear Pro Hac Vice. (Signed by Judge Alison J. Nathan on 7/6/2012) (cd) (Entered: 07/09/2012)
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Request |
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20 |
Filed: 7/2/2012, Entered: None |
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PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL AS TO DEFENDANT GMAC INSURANCE MARKETING, INC. d/b/a GMAC AGENCY MARKETING WITHOUT PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): PLEASE TAKE NOTICE that Plaintiff Landon Rothstein ("Plaintiff'), pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(i), hereby voluntarily dismisses all claims in this action without prejudice as to Defendant GMAC Insurance Marketing, Inc. d/b/a GMAC Agency Marketing ("GMAC Insurance"). Defendant GMAC Insurance has neither answered Plaintiff's Complaint, nor filed a motion for summary judgment. Accordingly, the claims against GMAC Insurance may be dismissed without prejudice and without an Order of the Court. (Signed by Judge Alison J. Nathan on 7/2/2012) (djc) (Entered: 07/03/2012)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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19 |
Filed: 6/29/2012, Entered: None |
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MOTION for Robyn C. Quattrone to Appear Pro Hac Vice. Document filed by Balboa Insurance Company.(pgu) (pgu). (Entered: 07/02/2012)
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Request |
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18 |
Filed: 6/29/2012, Entered: None |
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MOTION for Katherine L. Halliday to Appear Pro Hac Vice. Document filed by Balboa Insurance Company.(pgu) (pgu). (Entered: 07/02/2012)
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Request |
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17 |
Filed: 6/29/2012, Entered: None |
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DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) GMAC Insurance Marketing, Inc.. Document filed by Landon Rothstein. (Walker, John) Modified on 7/2/2012 (dt). (Entered: 06/29/2012)
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Request |
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16 |
Filed: 6/28/2012, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Matthew Phineas Previn on behalf of Balboa Insurance Company, MeritPlan insurance Company. New Address: BuckleySandler LLP, 1133 Avenue of the Americas, Suite 3100, New York, New York, United States 10036, (212) 600-2310. (Previn, Matthew) (Entered: 06/28/2012)
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Request |
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15 |
Filed: 6/12/2012, Entered: None |
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STIPULATION AND ORDER CONCERNING THE RESPONSES OF DEFENDANTS BALBOA INSURANCE COMPANY AND MERITPLAN INSURANCE COMPANY TO THE COMPLAINT:IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel that the time for Defendants Balboa Insurance Company and Meritplan Insurance Company to answer, move, or otherwise respond to the complaint in this action is hereby extended from June 13, 2012 until such time as the Court directs at the Initial Case Management Conference. This is the first proposed extension of Balboa Insurance Company and Meritplan Insurance Company's time to respond to the complaint. (Signed by Judge Alison J. Nathan on 6/12/2012) (js) (Entered: 06/13/2012)
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14 |
Filed: 6/6/2012, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BA Insurance Group, Inc., Corporate Parent Balboa Insurance Company, Corporate Parent Bank Of America Corporation, Corporate Parent NB Holdings Corporation for MeritPlan insurance Company; Corporate Parent BA Insurance Group, Inc., Corporate Parent Bank Of America Corporation, Corporate Parent NB Holdings Corporation for Balboa Insurance Company. Document filed by Balboa Insurance Company, MeritPlan insurance Company.(Previn, Matthew) (Entered: 06/06/2012)
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13 |
Filed: 6/6/2012, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GMAC Insurance Management Corporation for GMAC Insurance Marketing, Inc.. Document filed by GMAC Insurance Marketing, Inc..(Yousuf, Sarah) (Entered: 06/06/2012)
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12 |
Filed: 6/5/2012, Entered: None |
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STIPULATION AND ORDER CONCERNING THE RESPONSE OF DEFENDANT GMAC INSURANCE MARKETING TO THE COMPLAINT: the time for Defendant GMAC Insurance Marketing to answer, move, or otherwise respond to the complaint in this action is hereby extended from June 13, 2012 until such time as the Court directs at the Initial Case Management Conference. ENDORSEMENT: EXTENSION GRANTED UNTIL 7/13/2012. IF THE PARTIES NEED A FURTHER EXTENSION, THEY MAY REQUEST IT AND THE COURT WILL CONSIDER THAT REQUEST.(GMAC Insurance Marketing, Inc. answer due 7/13/2012.) (Signed by Judge Alison J. Nathan on 6/5/2012) (laq) Modified on 6/7/2012 (laq). (Entered: 06/06/2012)
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11 |
Filed: 6/5/2012, Entered: None |
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ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/3/2012 at 02:15 PM at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, NY before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 6/5/2012) (laq) Modified on 6/7/2012 (laq). (Entered: 06/06/2012)
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10 |
Filed: 6/5/2012, Entered: None |
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FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BA Insurance Group, Inc. for Balboa Insurance Company, MeritPlan insurance Company. Document filed by Balboa Insurance Company, MeritPlan insurance Company.(Previn, Matthew) Modified on 6/6/2012 (lb). (Entered: 06/05/2012)
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9 |
Filed: 6/5/2012, Entered: None |
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NOTICE OF APPEARANCE by Matthew Phineas Previn on behalf of Balboa Insurance Company, MeritPlan insurance Company (Previn, Matthew) (Entered: 06/05/2012)
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8 |
Filed: 6/5/2012, Entered: None |
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NOTICE OF APPEARANCE by Jeffrey H. Daichman on behalf of GMAC Insurance Marketing, Inc. (Daichman, Jeffrey) (Entered: 06/05/2012)
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7 |
Filed: 6/5/2012, Entered: None |
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NOTICE OF APPEARANCE by Sarah Hawa Bawany Yousuf on behalf of GMAC Insurance Marketing, Inc. (Yousuf, Sarah) (Entered: 06/05/2012)
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6 |
Filed: 6/5/2012, Entered: None |
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SUMMONS RETURNED EXECUTED. Balboa Insurance Company served on 5/24/2012, answer due 6/14/2012. Service was accepted by Denise Soscia. Document filed by Landon Rothstein. (Attachments: # 1 Affidavit)(Walker, John) (Entered: 06/05/2012)
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5 |
Filed: 6/5/2012, Entered: None |
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SUMMONS RETURNED EXECUTED. MeritPlan insurance Company served on 5/23/2012, answer due 6/13/2012. Service was accepted by Amber Carrouth. Document filed by Landon Rothstein. (Attachments: # 1 Affidavit)(Walker, John) (Entered: 06/05/2012)
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4 |
Filed: 6/5/2012, Entered: None |
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SUMMONS RETURNED EXECUTED. GMAC Insurance Marketing, Inc. served on 5/23/2012, answer due 6/13/2012. Service was accepted by Bridget Spann. Document filed by Landon Rothstein. (Attachments: # 1 Affidavit)(Walker, John) (Entered: 06/05/2012)
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3 |
Filed: 5/3/2012, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by John Brandon Walker on behalf of Landon Rothstein. New Address: Kirby McInerney LLP, 825 Third Avenue, 16th Floor, New York, NY, US 10022, (212) 371-6600. (Walker, John) (Entered: 05/03/2012)
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2 |
Filed: 4/30/2012, Entered: None |
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STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (ama) (Entered: 05/01/2012)
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1 |
Filed: 4/30/2012, Entered: None |
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COMPLAINT against Balboa Insurance Company, GMAC Insurance Marketing, Inc., GMAC Mortgage, LLC, John Does 1-20, MeritPlan insurance Company. (Filing Fee $ 350.00, Receipt Number 6812)Document filed by Landon Rothstein.(ama) (Entered: 05/01/2012)
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