| Court: | nynd |
| Docket #: | 1:12-cv-01576 |
| Case Name: | Cocco et al v. Bank of America Home Loans |
| PACER case #: | 91792 |
| Date filed: | 2012-10-19 |
| Date terminated: | 2013-08-21 |
| Assigned to: | Senior Judge Thomas J. McAvoy |
| Referred to: | Magistrate Judge Randolph F. Treece |
| Case Cause: | 15:1692 Fair Debt Collection Act |
| Nature of Suit: | 220 Real Property: Foreclosure |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| John N Cocco Plaintiff |
John N Cocco |
| Mary C. Cocco Plaintiff |
Mary C. Cocco |
| Bank of America Home Loans Defendant |
Scott H. Kaiser Suzanne M. Berger |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-10-19 | 1 | 0 | COMPLAINT against Bank of America Home Loans (Filing fee $350 receipt number 7573) filed by John N. Cocco, Mary C. Cocco. (Attachment: # 1 Civil Cover Sheet)(lah) (Entered: 10/22/2012) | |||
| 2012-10-19 | 2 | 0 | Summons Issued as to Bank of America Home Loans. (lah) (Entered: 10/22/2012) | |||
| 2012-10-19 | 3 | 0 | MOTION for Preliminary Injunction. Motion Hearing set for 12/11/2012 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. Response to Motion due by 11/26/2012. Reply to Response to Motion due by 11/30/2012. Filed by John N Cocco, Mary C. Cocco. (lah) (Entered: 10/22/2012) | |||
| 2012-12-03 | 4 | 0 | DECISION AND ORDER denying Pltfs' 3 Motion for Preliminary Injunction. Signed by Senior Judge Thomas J. McAvoy on 12/3/12. [Served by mail.] (sfp, ) (Entered: 12/03/2012) | 2012-12-04 08:23:53 | e4e18316846907fce583cc46072d467ab425b5bf | |
| 2012-12-10 | 5 | 0 | Minute Entry: MOTION CALENDAR held 12/10/2012 bef Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: None; CR: T. Casal; CRD/mp. Pltfs' 3 MOTION for Preliminary Injunction - TAKEN ON SUBMIT [addressed by TJM 4 order]. (cml) (Entered: 12/13/2012) | |||
| 2012-12-27 | 6 | 0 | Letter Motion from Scott H. Kaiser for Bank of America Home Loans requesting Extension of Time to Respond to the Complaint submitted to Judge McAvoy . (Kaiser, Scott) (Entered: 12/27/2012) | |||
| 2012-12-28 | 7 | 0 | ORDER granting 6 , Defendants' Letter Request, seeking an extension of time to respond to the Complaint. Accordingly, Bank of America Home Loans' time to respond to the Complaint is 1/30/2013. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 12/28/2012. (Treece, Randolph) (Entered: 12/28/2012) | |||
| 2013-01-30 | 8 | 0 | FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bank of America Home Loans identifying Corporate Parent NB Holdings Corporation, Corporate Parent Bank of America Corporation for Bank of America Home Loans.. (Attachments: # 1 Affidavit of Service)(Berger, Suzanne) (Entered: 01/30/2013) | |||
| 2013-01-30 | 9 | 0 | NOTICE of Appearance by Suzanne M. Berger on behalf of Bank of America Home Loans (Attachments: # 1 Affidavit of Service)(Berger, Suzanne) (Entered: 01/30/2013) | |||
| 2013-01-30 | 10 | 0 | NOTICE of Appearance by Scott H. Kaiser on behalf of Bank of America Home Loans (Attachments: # 1 Affidavit of Service)(Kaiser, Scott) (Entered: 01/30/2013) | |||
| 2013-01-30 | 11 | 0 | MOTION to Dismiss Motion Hearing set for 3/22/2013 10:00 AM before Senior Judge Thomas J. McAvoy Response to Motion due by 3/5/2013 Reply to Response to Motion due by 3/11/2013. filed by Bank of America Home Loans. (Attachments: # 1 Declaration of Scott H. Kaiser in Support of Motion to Dismiss, # 2 Exhibit(s) 1 to Kaiser's Declaration, # 3 Exhibit(s) 2 to Kaiser's Declaration, # 4 Exhibit(s) 3 to Kaiser's Declaration, # 5 Exhibit(s) 4 to Kaiser's Declaration, # 6 Exhibit(s) 5 to Kaiser's Declaration, # 7 Exhibit(s) 6 to Kaiser's Declaration, # 8 Exhibit(s) 7 to Kaiser's Declaration, # 9 Exhibit(s) 8 to Kaiser's Declaration, # 10 Exhibit(s) 9 to Kaiser's Declaration, # 11 Affidavit of Service) (Berger, Suzanne) Modified on 7/9/2013 (wbl, ). (Entered: 01/30/2013) | |||
| 2013-01-30 | 12 | 0 | MEMORANDUM OF LAW re 11 Motion to Dismiss,,, /Memorandum of Law in Support of Defendant's Motion to Dismiss filed by Bank of America Home Loans. (Attachments: # 1 Affidavit of Service)(Berger, Suzanne) (Entered: 01/30/2013) | |||
| 2013-02-21 | 13 | 0 | RESPONSE in Opposition re 11 MOTION to Dismiss filed by John N Cocco, Mary C. Cocco. (mgh) (Entered: 02/22/2013) | |||
| 2013-02-21 | 14 | 0 | CERTIFICATE OF SERVICE by John N Cocco, Mary C. Cocco re 13 Response in Opposition to Motion (mgh) (Entered: 02/22/2013) | |||
| 2013-02-27 | 15 | 0 | MEMORANDUM OF LAW of Reply in Further Support of Defendant's Motion to Dismiss and in Opposition to Plaintiffs' Purported Motion for Default filed by Bank of America Home Loans. (Attachments: # 1 Affidavit of Service)(Berger, Suzanne) (Entered: 02/27/2013) | |||
| 2013-03-11 | 16 | 0 | Minute Entry: MOTION CALENDAR held 3/11/2013 bef Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: None; CR: B. Buckley; CRD/mp. Deft Bank of America Home Loans' 11 MOTION to Dismiss - TAKEN ON SUBMIT. (cml) (Entered: 03/14/2013) | |||
| 2013-04-16 | 17 | 0 | ORDER granting 11 Motion to Dismiss, and Plaintiffs' Complaint is DISMISSED. Signed by Senior Judge Thomas J. McAvoy on 4/16/2013. Copy to Plaintiffs' served by certified mail, return receipt. (wbl, ) (Entered: 04/16/2013) | |||
| 2013-04-16 | 18 | 0 | JUDGMENT: IT IS ORDERED AND ADJUDGED Defendant's Motion to Dismiss is GRANTED and Plaintiffs' Complaint is DISMISSED, pursuant to the Order of the Hon. Judge Thomas J. McAvoy, dated 4/16/13. (wbl, ) (Entered: 04/16/2013) | |||
| 2013-04-23 | 19 | 0 | RETURN RECEIPT received as to John Cocco served on 4/22/2013 re 18 Judgment (wbl, ) (Entered: 04/24/2013) | |||
| 2013-04-23 | 20 | 0 | RETURN RECEIPT received as to Mary Cocco served on 4/22/2013 re 18 Judgment (wbl, ) (Entered: 04/24/2013) | |||
| 2013-04-30 | 21 | 0 | MOTION for Reconsideration re 18 Judgment filed by John N Cocco, Mary C. Cocco. (wbl, ) (Entered: 05/01/2013) | |||
| 2013-05-22 | 22 | 0 | AFFIDAVIT in Opposition re 21 MOTION for Reconsideration re 18 Judgment /Declaration of Scott H. Kaiser in Opposition to Plaintiffs' Motion for Reconsideration filed by Bank of America Home Loans. (Attachments: # 1 Affidavit of Service)(Kaiser, Scott) (Entered: 05/22/2013) | |||
| 2013-06-10 | 23 | 0 | Minute Entry: MOTION CALENDAR held 6/10/2013 bef Sr. District Judge Thomas J. McAvoy in Albany, NY re: Pltfs' 21 MOTION for Reconsideration of 18 Judgment (cml) (Entered: 06/10/2013) | |||
| 2013-07-08 | 24 | 0 | ORDER granting in part 21 Motion for Reconsideration. ORDERED: The April 16, 2013 Judgment is VACATED, Defendant's Motion to Dismiss is converted to 11 MOTION for Summary Judgment filed by Bank of America Home Loans, limited to the sole issue specified in this Order. Parties are excused from filing a Rule 7.1 Statement and are directed to file any supporting evidence and/or supplemental memoranda of law on or before 8/1/13. The clerk is directed to place this matter on the Court's 8/12/13 Motion Calendar in Albany (The motion will be taken on a submit basis and no appearances will be required). In consideration of Plaintiffs' pro se status, Plaintiffs are hereby GRANTED LEAVE of thirty (30) days to amend their Complaint in order to establish valid and timely claims. Signed by Senior Judge Thomas J. McAvoy on 7/8/2013.[Copy served on Pltfs by 1st class mail] (wbl, ) (Entered: 07/09/2013) | |||
| 2013-08-01 | 25 | 0 | AFFIDAVIT in Support re 11 MOTION for Summary Judgment /Declaration of Natalia A. Canaveral in Support of Defendant's Motion for Summary Judgment filed by Bank of America Home Loans. (Attachments: # 1 Exhibit(s) 1 to Canaveral's Declaration, # 2 Exhibit(s) 2 to Canaveral's Declaration, # 3 Exhibit(s) 3 to Canaveral's Declaration, # 4 Exhibit(s) 4 to Canaveral's Declaration, # 5 Exhibit(s) 5 to Canaveral's Declaration, # 6 Affidavit of Service)(Berger, Suzanne) (Entered: 08/01/2013) | |||
| 2013-08-01 | 26 | 0 | MEMORANDUM OF LAW re 11 Motion for Summary Judgment,,, /Memorandum of Law in Support of Motion for Summary Judgment of Defendant Bank of America, N.A. filed by Bank of America Home Loans. (Attachments: # 1 Affidavit of Service)(Berger, Suzanne) (Entered: 08/01/2013) | |||
| 2013-08-21 | 27 | 0 | DECISION AND ORDER granting 11 Motion for Summary Judgment. ORDERED, that having demonstrated their entitlement to summary judgment and because Plaintiffs have not submitted an amended complaint within the time frame allotted by the Court, Defendant's motion for summary judgment is GRANTED and Plaintiffs' Complaint is DISMISSED WITH PREJUDICE. The Clerk of the Court shall close the file in this matter. Signed by Senior Judge Thomas J. McAvoy on 8/21/2013. (dpk) (Entered: 08/21/2013) | |||
| 2013-08-21 | 28 | 0 | JUDGMENT in favor of Bank of America Home Loans against John N Cocco and Mary C. Cocco. (dpk) (Entered: 08/21/2013) |