This case was last updated from PACER on 10/15/2018 at 07:21:57 (UTC).

Westcott et al v. Ocwen Loan Servicing LLC et al

Case Summary

On 08/16/2018 Westcott filed a Property - Foreclosure lawsuit against Ocwen Loan Servicing LLC. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is Cathy Seibel. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    7:18-CV-07444

  • Filing Date:

    08/16/2018

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Property - Foreclosure

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Cathy Seibel

 

Party Details

Plaintiffs

Wayne Westcott

Yonkers, NY 10701

Beverly Westcott

Yonkers, NY 10701

Defendants

Ocwen Loan Servicing LLC

Gerry C. Leonti

Attorney/Law Firm Details

Defendant Attorney

Patrick Gallagher Broderick

Attorney at Greenberg Traurig

777 S. Flagler Drive

West Palm Beach, FL 33401

 

Court Documents

#1

(#1) COMPLAINT against Gerry C. Leonti, Ocwen Loan Servicing LLC. (Filing Fee $ 400.00, Receipt Number 465407016238)Document filed by Wayne Westcott, Beverly Westcott. (Attachments: #1 Exhibit)(sj) (Entered: 08/16/2018)

#6

(#6) AMENDED COMPLAINT; re: amending #1 Complaint against Gerry C. Leonti, Ocwen Loan Servicing LLC with JURY DEMAND.Document filed by Wayne Westcott, Beverly Westcott. Related document: #1 Complaint.(sc) (Entered: 09/13/2018)

#2

(#2) CIVIL COVER SHEET filed. (sj) (Entered: 08/16/2018)

#5

(#5) NOTICE OF APPEARANCE by Patrick Gallagher Broderick on behalf of Ocwen Loan Servicing LLC. (Attachments: #1 Certificate of Service)(Broderick, Patrick) (Entered: 08/27/2018)

5 #1

Certificate of Service

#4

(#4) ORDER: The Court cannot discern any non-frivolous federal claim in Plaintiffs' pleading, and it appears that complete diversity of citizenship among the parties is lacking. One or the other is generally necessary for a case to proceed in federal court. See 28 U.S.C. 1331, 1332. Nevertheless, in an excess of caution, the Court will give Plaintiffs the opportunity to amend their Complaint to assert any federal claim they may have that does not seek to relitigate or appeal the foreclosure or eviction proceedings. See Tanasi v. CitiMortgage, Inc., 257 F. Supp. 3d 232, 252-55 (D. Conn. 2017). Any Amended Complaint must be filed no later than September 19, 2018, and must be labeled "Amended Complaint." The Amended Complaint will completely replace the original Complaint. If an Amended Complaint is not filed by September 19, 2018, the Court will dismiss theoriginal Complaint and close the case. The Clerk of Court is respectfully directed to send a copy of this Order to Plaintiffs. SO ORDERED. (Amended Pleadings due by 9/19/2018.) (Signed by Judge Cathy Seibel on 8/17/2018) (mml) Transmission to Docket Assistant Clerk for processing. (Entered: 08/17/2018)

#7

(#7) ORDER: The AC is dismissed for lack of jurisdiction, or in the alternative for failure to state a claim on which relief can be granted. The Clerk of Court is respectfully directed to send a copy of this Order to Plaintiffs and to close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 9/13/2018) (mml) Transmission to Docket Assistant Clerk for processing. (Entered: 09/13/2018)

1 #1

Exhibit

 

Docket Entries

  • 09/14/2018
  • View Court Documents
  • Mailed a copy of #7 Order of Dismissal, to Wayne Westcott 23 Water Grant Street Yonkers, NY 10701; Beverly Westcott 23 Water Grant Street Yonkers, NY 10701. (aea) (Entered: 09/14/2018)

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  • 09/13/2018
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  • (#7) ORDER: The AC is dismissed for lack of jurisdiction, or in the alternative for failure to state a claim on which relief can be granted. The Clerk of Court is respectfully directed to send a copy of this Order to Plaintiffs and to close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 9/13/2018) (mml) Transmission to Docket Assistant Clerk for processing. (Entered: 09/13/2018)

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  • 09/11/2018
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  • (#6) AMENDED COMPLAINT; re: amending #1 Complaint against Gerry C. Leonti, Ocwen Loan Servicing LLC with JURY DEMAND.Document filed by Wayne Westcott, Beverly Westcott. Related document: #1 Complaint.(sc) (Entered: 09/13/2018)

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  • 08/27/2018
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  • (#5) NOTICE OF APPEARANCE by Patrick Gallagher Broderick on behalf of Ocwen Loan Servicing LLC. (Attachments: #1 Certificate of Service)(Broderick, Patrick) (Entered: 08/27/2018)

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  • 08/20/2018
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  • Mailed a copy of #4 Order, Set Deadlines, to Wayne Westcott 23 Water Grant Street Yonkers, NY 10701; Beverly Westcott 23 Water Grant Street Yonkers, NY 10701. (aea) (Entered: 08/20/2018)

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  • 08/17/2018
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  • (#4) ORDER: The Court cannot discern any non-frivolous federal claim in Plaintiffs' pleading, and it appears that complete diversity of citizenship among the parties is lacking. One or the other is generally necessary for a case to proceed in federal court. See 28 U.S.C. 1331, 1332. Nevertheless, in an excess of caution, the Court will give Plaintiffs the opportunity to amend their Complaint to assert any federal claim they may have that does not seek to relitigate or appeal the foreclosure or eviction proceedings. See Tanasi v. CitiMortgage, Inc., 257 F. Supp. 3d 232, 252-55 (D. Conn. 2017). Any Amended Complaint must be filed no later than September 19, 2018, and must be labeled "Amended Complaint." The Amended Complaint will completely replace the original Complaint. If an Amended Complaint is not filed by September 19, 2018, the Court will dismiss theoriginal Complaint and close the case. The Clerk of Court is respectfully directed to send a copy of this Order to Plaintiffs. SO ORDERED. (Amended Pleadings due by 9/19/2018.) (Signed by Judge Cathy Seibel on 8/17/2018) (mml) Transmission to Docket Assistant Clerk for processing. (Entered: 08/17/2018)

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  • 08/16/2018
  • Case Designated ECF. (sj) (Entered: 08/16/2018)

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  • 08/16/2018
  • Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj) (Entered: 08/16/2018)

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  • 08/16/2018
  • SUMMONS ISSUED as to Gerry C. Leonti. (sj) (Entered: 08/16/2018)

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  • 08/16/2018
  • SUMMONS ISSUED as to Ocwen Loan Servicing LLC. (sj) (Entered: 08/16/2018)

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  • 08/16/2018
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  • (#2) CIVIL COVER SHEET filed. (sj) (Entered: 08/16/2018)

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  • 08/16/2018
  • View Court Documents
  • (#1) COMPLAINT against Gerry C. Leonti, Ocwen Loan Servicing LLC. (Filing Fee $ 400.00, Receipt Number 465407016238)Document filed by Wayne Westcott, Beverly Westcott. (Attachments: #1 Exhibit)(sj) (Entered: 08/16/2018)

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