New York Eastern District Court
Judge:Eric N Vitaliano
Case #: 1:24-cv-03783
Nature of Suit150 Contract - Recovery of Overpayment & Enforcement of Judgment
Cause28:1332 Diversity-Fraud
Case Filed:May 28, 2024
Terminated:Nov 27, 2024
Last checked: Sunday Nov 24, 2024 5:02 AM EST
Defendant
Bank of America N.A.
Represented By
Pamela Addison Miller
O'Melveny & Myers LLP
contact info
Danielle Oakley Morris
O'Melveny & Myers LLP
contact info
Plaintiff
Skye Ruozzi
Represented By
Michael J.S. Pontone
The Law Offices Of Michael J.S. Pontone, Esq.
contact info


Docket last updated: 42 minutes ago
Wednesday, November 27, 2024
23 23 1 pgs order Order Dismissing Case Wed 11/27 11:31 AM
ORDER DISMISSING CASE re22 Stipulation of Dismissal: The application has been granted. The Clerk of Court is directed to close this case. So Ordered by Judge Eric N. Vitaliano on 11/27/2024. (DLMP)
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order ~Util - Terminate Civil Case Wed 11/27 11:33 AM
Civil Case Terminated. (DLMP)
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Tuesday, November 26, 2024
22 22 misc Stipulation of Dismissal Tue 11/26 4:31 PM
STIPULATION of Dismissal with Prejudice by Bank of America N.A. (Morris, Danielle)
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Wednesday, October 23, 2024
order Order on Motion to Stay Status Report Order Wed 10/23 12:05 PM
ORDER granting the Motion at ECF No.21 . The parties must file the necessary settlement documents on or before 12/2/2024. All other deadlines are adjourned sine die . Ordered by Magistrate Judge Vera M. Scanlon on 10/23/2024. (SKJ)
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Tuesday, October 22, 2024
21 21 motion Stay Tue 10/22 5:15 PM
Letter MOTION to Stay Pending Settlement by Bank of America N.A.. (Morris, Danielle)
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Wednesday, October 09, 2024
utility Case Assigned/Reassigned Wed 10/09 8:28 AM
Case Reassigned to Judge Eric N. Vitaliano and Magistrate Judge Vera M. Scanlon. Magistrate Judge Vera M. Scanlon no longer assigned as presider to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (DA)
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Tuesday, October 08, 2024
order Order on Motion to Reassign Case Tue 10/08 7:02 PM
ORDER. The request to assign a district judge at ECF No.18 is granted. Ordered by Magistrate Judge Vera M. Scanlon on 10/8/2024. (JR)
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misc Consent to Jurisdiction by US Magistrate Judge - Declined Tue 10/08 7:03 PM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (JR)
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Friday, October 04, 2024
adr Mediation Instructions Fri 10/04 10:02 AM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Counsel are to select a mediator, contact the mediator to schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators, their qualifications and contact information, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1). The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR)
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Thursday, October 03, 2024
20 20 motion Extension of Time to File Answer Hearing Thu 10/03 11:45 AM
Letter MOTION to Stay of Deadline to Respond to Complaint and Request for Settlement Conference (Joint) by Bank of America N.A.. (Morris, Danielle) Modified on 10/3/2024 (JR). Added MOTION for Hearing on 10/3/2024 (JR)
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order Order on Motion for Extension of Time to Answer Order on Motion for Hearing 1 - Terminate Deadlines and Hearings Order Referring Case to Mediation Thu 10/03 5:11 PM
ORDER. The Court is in receipt of the parties' joint letter motion at ECF No.20 . The Court is not available for the proposed dates for a settlement conference. The parties are referred to Court-annexed mediation. They can reach out to the ADR program administrator to ask about an expeditiously scheduled mediation. The parties are to file a letter with their selection of mediator on or before 10/17/2024 and are to complete mediation, and file a joint letter as to its outcome, on or before 12/2/2024. If the parties object to the referral, they may submit a letter with dates for a settlement conference in December. In view of the anticipated settlement efforts described above, the initial conference, and the deadline for filing the CMP, are adjourned sine die . Also in view of the anticipated settlement efforts, the deadline for Defendant to answer or otherwise respond to Plaintiff's complaint is extended to 12/2/2024. Ordered by Magistrate Judge Vera M. Scanlon on 10/3/2024. (JR)
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Friday, September 13, 2024
order Order on Motion for Leave to Appear Pro Hac Vice Fri 09/13 11:57 AM
ORDER granting17 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Vera M. Scanlon on 9/13/2024. (SH)
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Friday, September 06, 2024
order Order on Motion for Extension of Time to Answer Fri 09/06 12:02 PM
ORDER. The19 Motion for an Extension of Time to Answer is granted. Defendant will answer or otherwise respond to the5 Amended Complaint by 10/3/2024. Ordered by Magistrate Judge Vera M. Scanlon on 9/6/2024. (CC)
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Tuesday, September 03, 2024
19 19 motion Extension of Time to File Document Tue 09/03 6:04 PM
Letter MOTION for Extension of Time to File a Response to Complaint by Bank of America N.A.. (Morris, Danielle)
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Thursday, August 22, 2024
18 18 misc Letter Thu 08/22 4:31 PM
Letter re Intent to File a Motion to Dismiss and assignment of District Judge by Bank of America N.A. (Morris, Danielle)
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Friday, August 16, 2024
order Order on Motion for Extension of Time to Answer Fri 08/16 4:18 PM
ORDER. The16 Motion for an Extension of Time to Answer. Defendant will answer or otherwise respond to the Complaint by 9/12/2024. Ordered by Magistrate Judge Vera M. Scanlon on 8/16/2024. (CC)
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Monday, August 12, 2024
17 17 motion Appear Pro Hac Vice Mon 08/12 8:46 PM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18170113 by Bank of America N.A.. (Morris, Danielle)
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Att: 1 Declaration of Danielle N. Morris in Support of Motion to Admit Pro Hac Vice,
Att: 2 Exhibit A - Certificate of Good Standing - California,
Att: 3 Proposed Order
Friday, August 09, 2024
16 16 motion Extension of Time to File Answer Fri 08/09 5:00 PM
Letter MOTION for Extension of Time to File Answer re5 Amended Complaint by Bank of America N.A.. (Miller, Pamela)
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15 15 misc Corporate Disclosure Statement Fri 08/09 4:51 PM
Corporate Disclosure Statement by Bank of America N.A. identifying Corporate Parent BAC North America Holding Company, Other Affiliate Bank of America Corporation, Other Affiliate NB Holdings Corporation for Bank of America N.A.. (Miller, Pamela)
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14 14 notice Notice of Appearance Fri 08/09 4:09 PM
NOTICE of Appearance by Pamela Addison Miller on behalf of Bank of America N.A. (aty to be noticed) (Miller, Pamela)
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Tuesday, August 06, 2024
13 13 service Summons Returned Executed Tue 08/06 11:29 AM
SUMMONS Returned Executed by Skye Ruozzi. Skye Ruozzi served on 7/23/2024, answer due 8/13/2024. (Pontone, Michael)
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Monday, July 15, 2024
12 12 order Scheduling Order Mon 07/15 12:49 PM
SCHEDULING ORDER: An Initial Conference is scheduled for 10/15/2024 at 11:30 AM before Magistrate Judge Vera M. Scanlon via ZoomGov. To gain access to the ZoomGov audio conferencing system, the parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 10/01/2024. In the event that any Defendant(s) has not answered or otherwise appeared, Plaintiff must also mail a copy of this Order, its attachment and the full docket to the last known mailing address(es) for such Defendant(s) and file proof on ECF by the CMP filing date. The Court reminds the parties of their responsibility to file a disclosure statement under Federal Rule of Civil Procedure 7.1, if applicable, within 30 days of appearing in this action. As to any LLC, the disclosure statement should identify all of the members and their respective citizenship. Ordered by Magistrate Judge Vera M. Scanlon on 7/15/2024. (CC)
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Monday, June 03, 2024
11 11 service Summons Issued Mon 06/03 10:08 AM
Summons Issued as to Bank of America N.A.. (KD)
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10 10 misc Quality Control Check - Attorney Case Opening Mon 06/03 10:05 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD)
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9 9 notice Notice of Opportunity to Consent Mon 06/03 10:04 AM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (KD)
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8 8 misc Proposed Summons/Civil Cover Sheet Mon 06/03 12:46 AM
Civil Cover Sheet.. by Skye Ruozzi (Pontone, Michael)
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utility Case Assigned/Reassigned Mon 06/03 9:36 AM
Case Assigned to Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD)
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Thursday, May 30, 2024
7 7 notice Notice: Re: Incomplete Civil Cover Sheet Thu 05/30 8:10 AM
NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Again you have not provided the second page of the civil cover sheet. One has been provided to you on this docket entry. To submit use event Other Documents - Proposed Summons/Civil Cover Sheet. (KD)
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Wednesday, May 29, 2024
6 6 misc Proposed Summons/Civil Cover Sheet Wed 05/29 11:05 PM
Civil Cover Sheet.. by Skye Ruozzi (Pontone, Michael)
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5 5 cmp Amended Complaint Wed 05/29 10:58 PM
AMENDED COMPLAINT Second against Bank of America N.A., filed by Skye Ruozzi. (Pontone, Michael)
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4 4 cmp Amended Complaint Wed 05/29 10:49 PM
AMENDED COMPLAINT against Bank of America N.A., filed by Skye Ruozzi. (Pontone, Michael)
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Tuesday, May 28, 2024
3 3 misc Proposed Summons/Civil Cover Sheet Tue 05/28 1:37 PM
Proposed Summons.Civil Cover Sheet.. by Skye Ruozzi (Pontone, Michael)
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2 2 misc Proposed Summons/Civil Cover Sheet Tue 05/28 11:52 AM
Proposed Summons.Civil Cover Sheet.. by SKYE RUOZZI (Pontone, Michael)
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1 1 cmp Complaint Tue 05/28 11:50 AM
COMPLAINT against SKYE RUOZZI filing fee $ 405, receipt number ANYEDC-17915811 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by SKYE RUOZZI. (Pontone, Michael)
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Att: 1 VERIFICATION
notice Notice: Re: Incomplete Civil Cover Sheet Tue 05/28 1:15 PM
NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit a completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD)
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