Docket for Lettman v. Robertson, Anschutz, Schneid, Crane & Partners, PLLC, 1:21-cv-01531 - CourtListener.com (2023)

COMPLAINT against Nationstar Mortgage, LLC, Robertson, Anschutz, Schneid, Crane & Partners, PLLC filing fee $ 402, receipt number ANYEDC-14303661 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Persha J Lettman. (Kadochnikov, Alex) (Entered: 03/23/2021)

Civil Cover Sheet.. Re 1 Complaint, by Persha J Lettman (Kadochnikov, Alex) (Entered: 03/23/2021)

Proposed Summons. Re 1 Complaint, 2 Proposed Summons/Civil Cover Sheet by Persha J Lettman (Kadochnikov, Alex) (Entered: 03/23/2021)

Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla)

Civil Cover Sheet.. Re 3 Proposed Summons/Civil Cover Sheet, Notice: Re: Incomplete Civil Cover Sheet, 1 Complaint, 2 Proposed Summons/Civil Cover Sheet by Persha J Lettman (Kadochnikov, Alex) (Entered: 03/26/2021)

Case Assigned to Judge Diane Gujarati and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Summons Issued as to Nationstar Mortgage, LLC, Robertson, Anschutz, Schneid, Crane & Partners, PLLC. (Bowens, Priscilla) (Entered: 03/26/2021)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 03/26/2021)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 03/26/2021)

Proposed Summons. Re 4 Proposed Summons/Civil Cover Sheet, 1 Complaint, by Persha J Lettman (Kadochnikov, Alex) (Entered: 03/30/2021)

Proposed Summons. Re 4 Proposed Summons/Civil Cover Sheet, 1 Complaint, by Persha J Lettman (Kadochnikov, Alex) (Entered: 03/30/2021)

NOTICE of Appearance by Joseph F. Battista, III on behalf of Robertson, Anschutz, Schneid, Crane & Partners, PLLC (aty to be noticed) (Battista, Joseph) (Entered: 04/15/2021)

MOTION for pre motion conference for permission to proceed with a pre-answer motion to dismiss by Robertson, Anschutz, Schneid, Crane & Partners, PLLC. (Battista, Joseph) (Entered: 04/15/2021)

Letter pursuant to Rule 11 demanding that complaint be withdrawn with prejudice by Robertson, Anschutz, Schneid, Crane & Partners, PLLC (Battista, Joseph) (Entered: 04/15/2021)

CERTIFICATE OF SERVICE by Robertson, Anschutz, Schneid, Crane & Partners, PLLC re 12 Letter (Battista, Joseph) (Entered: 04/16/2021)

AMENDED COMPLAINT against Nationstar Mortgage, LLC, Robertson, Anschutz, Schneid, Crane & Partners, PLLC, filed by Persha J Lettman. (Kadochnikov, Alex) (Entered: 04/19/2021)

RESPONSE to Motion re 11 MOTION for pre motion conference for permission to proceed with a pre-answer motion to dismiss filed by Persha J Lettman. (Attachments: # 1 Exhibit Marked up Amended Complaint filed on April 19, 2021) (Kadochnikov, Alex) (Entered: 04/20/2021)

Second MOTION for pre motion conference re 14 Amended Complaint by Robertson, Anschutz, Schneid, Crane & Partners, PLLC. (Battista, Joseph) (Entered: 04/20/2021)

SUMMONS Returned Executed by Persha J Lettman. Nationstar Mortgage, LLC served on 4/14/2021, answer due 5/5/2021. (Kadochnikov, Alex) (Entered: 04/30/2021)

ORDER -- Plaintiff is DIRECTED to file a response to Defendant Robertson, Anschutz, Schneid, Crane & Partners, PLLC's 16 pre-motion letter by Friday, May 7, 2021. See Individual Rule III(A)(3). Ordered by Judge Diane Gujarati on 5/5/2021.

RESPONSE to Motion re 16 Second MOTION for pre motion conference re 14 Amended Complaint filed by Persha J Lettman. (Kadochnikov, Alex) (Entered: 05/07/2021)

ORDER denying Defendant Robertson, Anschutz, Schneid, Crane & Partners, PLLC's (Robertson) 11 16 motions for pre-motion conference -- After reviewing the parties' letters, the Court has determined that a pre-motion conference is not necessary. Defendant Robertson shall serve its motion to dismiss on Plaintiff by June 1, 2021; Plaintiff shall serve his opposition on Defendant Robertson by June 15, 2021; and Defendant Robertson shall serve his reply, if any, on Plaintiff by June 22, 2021, at which point Defendant Robertson shall file the fully-briefed motion on ECF in accordance with Individual Rule III(B)(4). Ordered by Judge Diane Gujarati on 5/11/2021. (Almonte, Kelly)

Letter confirming service of motion to dismiss by Robertson, Anschutz, Schneid, Crane & Partners, PLLC (Battista, Joseph) (Entered: 05/28/2021)

MOTION for pre motion conference re 14 Amended Complaint by Nationstar Mortgage, LLC. (Jeanfreau, Charles) (Entered: 06/01/2021)

RESPONSE to Motion re 20 MOTION for pre motion conference re 14 Amended Complaint filed by Persha J Lettman. (Kadochnikov, Alex) (Entered: 06/07/2021)

NOTICE of Appearance by Charles H. Jeanfreau, Jr on behalf of Nationstar Mortgage, LLC (notification declined or already on case) (Jeanfreau, Charles) (Entered: 06/07/2021)

Corporate Disclosure Statement by Nationstar Mortgage, LLC identifying Corporate Parent Nationstar Sub1 LLC, Corporate Parent Nationstar Sub2 LLC, Corporate Parent Nationstar Mortgage Holdings, Inc., Corporate Parent Mr. Cooper Group Inc., Corporate Parent KKR Wand Investors Corporation for Nationstar Mortgage, LLC. (Jeanfreau, Charles) (Entered: 06/07/2021)

ORDER denying 20 Motion for Pre Motion Conference -- After reviewing the parties' letters, the Court has determined that a pre-motion conference is not necessary. The current briefing schedule, set by this Court's May 11, 2021 Order, is AMENDED. Defendant Nationstar shall serve its motion to dismiss on Plaintiff by June 28, 2021; Plaintiff shall serve his consolidated opposition on Defendants Robertson and Nationstar by July 12, 2021; and Defendants Robertson and Nationstar shall serve their replies, if any, on Plaintiff by July 19, 2021, at which point Defendant Nationstar shall file the two fully-briefed motions on ECF in accordance with Individual Practice Rule III(B)(4). If Plaintiff requires additional pages in which to address Defendants' motions to dismiss, he should file a motion indicating how many additional pages are required. See Individual Practice Rule III(C). Ordered by Judge Diane Gujarati on 6/8/2021. (Almonte, Kelly)

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Nationstar Mortgage, LLC. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Jeanfreau, Charles) STRICKEN pursuant to Judge Gujarati's Order dated July 21, 2021. (Almonte, Kelly) (Entered: 07/19/2021)

MOTION to Dismiss for Failure to State a Claim of Robertson, Anschutz, Schneid, Crane & Partners, LLC filed by Nationstar Mortgage, LLC. (Attachments: # 1 Memorandum in Support) (Jeanfreau, Charles) STRICKEN pursuant to Judge Gujarati's Order dated July 21, 2021. (Almonte, Kelly) (Entered: 07/19/2021)

MOTION to Dismiss for Failure to State a Claim by Robertson, Anschutz, Schneid, Crane & Partners, PLLC. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Service, # 3 Memorandum in Support, # 4 Affidavit of Service) (Battista, Joseph) STRICKEN pursuant to Judge Gujarati's Order dated July 21, 2021. (Almonte, Kelly) (Entered: 07/19/2021)

RESPONSE in Opposition re 24 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 26 MOTION to Dismiss for Failure to State a Claim of Plaintiff filed by Nationstar Mortgage, LLC. (Attachments: # 1 Memorandum in Support) (Battista, Joseph) STRICKEN pursuant to Judge Gujarati's Order dated July 21, 2021. (Almonte, Kelly) (Entered: 07/19/2021)

REPLY in Support re 24 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 26 MOTION to Dismiss for Failure to State a Claim, 27 Response in Opposition to Motion, filed by Nationstar Mortgage, LLC. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Service) (Battista, Joseph) STRICKEN pursuant to Judge Gujarati's Order dated July 21, 2021. (Almonte, Kelly) (Entered: 07/19/2021)

REPLY in Support of Motion to Dismiss filed by Nationstar Mortgage, LLC. (Jeanfreau, Charles) STRICKEN pursuant to Judge Gujarati's Order dated July 21, 2021. (Almonte, Kelly) (Entered: 07/19/2021)

ORDER striking Defendants' 24 25 26 27 28 29 Fully-Briefed Motions to Dismiss -- Although Defendant Nationstar properly docketed its motion to dismiss, memorandum of law, accompanying declaration and exhibits, and its reply brief, see ECF Nos. 24 & 29, Defendant Robertson's motion papers and Plaintiff's opposition papers are incorrectly docketed, see ECF Nos. 25-28. Moreover, many of the parties' written submissions and supporting materials, including in particular Defendant Robertson's motion papers, are not text-searchable as required by this Court's Individual Practice Rules. See Individual Practice Rule I.D. Accordingly, Defendant Nationstar is DIRECTED to correctly refile, by July 23, 2021, the same fully-briefed motions to dismiss, with written submissions and supporting materials text-searchable to the extent practicable. All parties' counsel are reminded that when submitting electronic filings, the appropriate event must be used. Moreover, when filing electronically, counsel must select the correct filing party. For questions about the appropriate event to use, the party to select, or how to include attachments, please contact the Clerk's Office. The Clerk of Court is directed to strike the aforementioned documents. Ordered by Judge Diane Gujarati on 7/21/2021. (Almonte, Kelly)

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Nationstar Mortgage, LLC. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Jeanfreau, Charles) (Entered: 07/22/2021)

MOTION to Dismiss for Failure to State a Claim by Robertson, Anschutz, Schneid, Crane & Partners, PLLC. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Service, # 3 Memorandum in Support Amended, # 4 Affidavit of Service, # 5 Affidavit in Support, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit) (Jeanfreau, Charles) (Entered: 07/22/2021)

RESPONSE in Opposition re 31 MOTION to Dismiss for Failure to State a Claim, 30 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Nationstar Mortgage, LLC. (Attachments: # 1 Declaration, # 2 Exhibit) (Jeanfreau, Charles) (Entered: 07/22/2021)

REPLY in Support re 31 MOTION to Dismiss for Failure to State a Claim, 30 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Robertson, Anschutz, Schneid, Crane & Partners, PLLC. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Service) (Jeanfreau, Charles) (Entered: 07/23/2021)

ORDER -- Defendant Nationstar failed to refile all parts of the fully-brief motions to dismiss by July 23, 2021, as directed by this Court's July 21, 2021 Order. Specifically, Defendant Nationstar failed to file one of the reply briefs. Accordingly, Defendant Nationstar is directed to file the remaining reply brief by July 29, 2021. Ordered by Judge Diane Gujarati on 7/28/2021. (Almonte, Kelly)

REPLY in Support of Motion to Dismiss filed by Nationstar Mortgage, LLC. (Jeanfreau, Charles) (Entered: 07/29/2021)

SCHEDULING ORDER -- Oral argument on Defendants' motions to dismiss, ECF Nos. 30 31, will be heard on January 25, 2022 at 4:00 p.m. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the assigned court reporter. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Ordered by Judge Diane Gujarati on 1/18/2022. (Almonte, Kelly)

NOTICE of Appearance by Harold Kofman on behalf of Nationstar Mortgage, LLC (aty to be noticed) (Kofman, Harold) (Entered: 01/21/2022)

First MOTION to Adjourn Conference by Persha J Lettman. (Kadochnikov, Alex) (Entered: 01/25/2022)

ORDER re 36 -- Plaintiff is directed to file a letter forthwith indicating whether Defendants consent to the adjournment requested in Plaintiff's 36 Motion. Ordered by Judge Diane Gujarati on 1/25/2022. (Almonte, Kelly)

Second MOTION to Adjourn Conference by Persha J Lettman. (Kadochnikov, Alex) (Entered: 01/25/2022)

ORDER granting 37 -- The motion is granted on consent. The oral argument previously scheduled for January 25, 2022 at 4:00 p.m. is adjourned sine die in light of Plaintiff's representation that Plaintiff intends to file a notice of voluntary dismissal. Plaintiff shall file such notice by January 31, 2022. Ordered by Judge Diane Gujarati on 1/25/2022. (Almonte, Kelly)

NOTICE of Voluntary Dismissal by Persha J Lettman (Kadochnikov, Alex) (Entered: 01/31/2022)

NOTICE of Voluntary Dismissal by Persha J Lettman (Kadochnikov, Alex) (Entered: 01/31/2022)

ORDER re 38, 39 -- Plaintiff has filed two notices of voluntary dismissal. Plaintiff is directed to file a letter, by February 2, 2022, advising the Court as to which notice Plaintiff seeks to have the Court consider for purposes of dismissing this action. Ordered by Judge Diane Gujarati on 1/31/2022. (Almonte, Kelly)

Letter by Persha J Lettman (Kadochnikov, Alex) (Entered: 02/01/2022)

ORDER DISMISSING CASE -- As per 39 NOTICE of Voluntary Dismissal, this action is hereby dismissed with prejudice as against Defendant Nationstar Mortgage LLC d/b/a Mr. Cooper with regard to 15 U.S.C. ยง 1692 claims, and without prejudice with regard to GBL ยง 349 claims, and with prejudice with respect to all claims as against Defendant Robertson, Anschutz, Schneid, Crane & Partners, PLLC. The Clerk of Court is directed to close this case. Ordered by Judge Diane Gujarati on 2/1/2022. (Almonte, Kelly)