This case was last updated from PACER on 12/10/2018 at 10:05:15 (UTC).

Modica v. Eastern Savings Bank, FSB et al

Case Summary

On 03/03/2014 Modica filed a Civil Right - Other Civil Right lawsuit against Eastern Savings Bank, FSB. This case was filed in U.S. District Courts, New York Eastern District. The Judges overseeing this case are Judge Kiyo A. Matsumoto and Magistrate Judge Viktor V. Pohorelsky. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:14-CV-01384

  • Filing Date:

    03/03/2014

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Eastern District

Judge Details

Judge

Judge Kiyo A. Matsumoto

Referral Judge

Magistrate Judge Viktor V. Pohorelsky

 

Party Details

Plaintiff

Anthony Modica

Howard Beach, NY 11414

Defendants

Esq. Karina Alomar

Ridgewood, NY 11385

Esq. Edward Feldman

Eastern Savings Bank, FSB

H-P Capital, LLC

Topaz Enterprises, Inc.

Esq. Charles Mester

Wachovia Bank, N.A.

First Union National Bank

John Doe 1-4

Esq. Karamvir Dahiya

New York, NY 10028

Ozone Park Funding Associates

Esq. Sheldon Farber

New York, NY 10019

Esq. Paul Kerson

Attorney/Law Firm Details

Defendant Attorneys

Karina E. Alomar

Attorney at Alomar & Associates, PC

60-89 Myrtle Avenue, 2Nd Floor

Ridgewood, NY 11385

Edward Steven Feldman

Attorney at Edward S. Feldman

33 East 33Rd Street, Suite 802

New York, NY 10016

Jerold C. Feuerstein

Attorney at Kriss & Feuerstein, LLP

360 Lexington Avenue, Suite 1300

New York, NY 10017

Jason Scott Leibowitz

Attorney at Kriss & Feuerstein LLP

360 Lexington Avenue, Suite 1200

New York, NY 10017

Lawrence Mark Gottlieb

Attorney at Hass & Gottlieb

670 White Plains Road, Suite 121

Scarsdale, NY 10583

Lisa Fried

Attorney at Hogan Lovells US LLP

875 Third Avenue

New York, NY 10022

Jonathan Evan Samon

Attorney at Hogan Lovells US LLP

875 Third Avenue

New York, NY 10022

Patrick Joseph Dempsey

Attorney at Hogan Lovels US LLP

875 Third Avenue

New York, NY 10022

Karamvir Dahiya

Attorney at Dahiya Law Offices LLC

75 Maiden Lane, Ste. 506

New York, NY 10028

Sheldon Farber

162 West 54Th Street

New York, NY 10019

Shari Claire Lewis

Attorney at Rivkin, Radler

926 Eab Plaza

Uniondale, NY 11556

 

Court Documents

#8

(#8) AFFIDAVIT/AFFIRMATION re 7 Notice of Appearance Affidavit of Service by Eastern Savings Bank, FSB (Leibowitz, Jason) (Entered: 03/25/2014)

#64

(#64) CERTIFICATE OF SERVICE by Eastern Savings Bank, FSB, Topaz Enterprises, Inc., Wachovia Bank, N.A. re 29 Letter MOTION for pre motion conference , 11 Letter MOTION for pre motion conference re 1 Complaint (Leibowitz, Jason) (Entered: 04/29/2014)

#5

(#5) CONSENT to Jurisdiction by US Magistrate Judge, filed by Anthony Modica. (Brucella, Michelle) (Entered: 03/14/2014)

#3

(#3) 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: 03/04/2014)

#58

(#58) Letter by Sheldon Farber (Farber, Sheldon) (Entered: 04/28/2014)

#61

(#61) REPLY in Opposition to plaintiff's docket #48 and in further support of motion to dismiss filed by Paul Kerson. (Lewis, Shari) (Entered: 04/29/2014)

#4

(#4) ORDER advising the plaintiff of the obligation to serve the defendants by 7/1/14. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/11/2014. (Attachments: # 1 Appendix) c/m (Toritto, Jim) (Entered: 03/11/2014)

#62

(#62) CERTIFICATE OF SERVICE by Paul Kerson re 61 Reply in Opposition (Lewis, Shari) (Entered: 04/29/2014)

#7

(#7) NOTICE of Appearance by Jason Scott Leibowitz on behalf of Eastern Savings Bank, FSB (aty to be noticed) (Leibowitz, Jason) (Entered: 03/25/2014)

#2

(#2) Summons Issued as to Karina Alomar, Karamvir Dahiya, Eastern Savings Bank, FSB, Sheldon Farber, Edward Feldman, First Union National Bank, H-P Capital, LLC, Paul Kerson, Charles Mester, Ozone Park Funding Associates, Topaz Enterprises, Inc., Wachovia Bank, N.A.. (Bowens, Priscilla) (Entered: 03/04/2014)

#9

(#9) NOTICE of Appearance by Jerold C. Feuerstein on behalf of Eastern Savings Bank, FSB (aty to be noticed) (Feuerstein, Jerold) (Entered: 03/25/2014)

#65

(#65) ORDER DISMISSING CASE. For the reasons set forth in the enclosed Memorandum & Order, defendants' motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction is granted. The clerk of court is respectfully requested to enter judgment for defendants, mail a copy of the judgment and this Memorandum & Order to the pro se plaintiff, and to close this case. Ordered by Judge Kiyo A. Matsumoto on 5/2/2014. (Raghunathan, Abhishek) (Entered: 05/02/2014)

#66

(#66) CLERK'S JUDGMENT: Ordered and Adjudged that Defendants' motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction is granted; and that Plaintiff shall recover nothing of the Defendants. Ordered by Clerk of Court on 5/5/2014. C/M with appeals packet. (Brucella, Michelle) (Entered: 05/06/2014)

#63

(#63) REPLY to Response to Motion re 29 Letter MOTION for pre motion conference , 11 Letter MOTION for pre motion conference re 1 Complaint In Further Support of Dismissal of Plaintiff's Complaint filed by Eastern Savings Bank, FSB, Topaz Enterprises, Inc., Wachovia Bank, N.A.. (Attachments: # 1 Exhibit A) (Leibowitz, Jason) (Entered: 04/29/2014)

#59

(#59) CERTIFICATE OF SERVICE by Sheldon Farber (Farber, Sheldon) (Entered: 04/28/2014)

#60

(#60) Letter by Sheldon Farber (Farber, Sheldon) (Entered: 04/28/2014)

#6

(#6) Letter Requesting permission to file motion to dismiss in lieu of answer on behalf of Sheldon Farber, Edward Feldman and Karina Alomar by Edward Feldman (Feldman, Edward) (Entered: 03/24/2014)

56 More Documents Available

 

Docket Entries

  • 05/06/2014
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  • (#66) CLERK'S JUDGMENT: Ordered and Adjudged that Defendants' motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction is granted; and that Plaintiff shall recover nothing of the Defendants. Ordered by Clerk of Court on 5/5/2014. C/M with appeals packet. (Brucella, Michelle) (Entered: 05/06/2014)

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  • 05/02/2014
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  • (#65) ORDER DISMISSING CASE. For the reasons set forth in the enclosed Memorandum & Order, defendants' motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction is granted. The clerk of court is respectfully requested to enter judgment for defendants, mail a copy of the judgment and this Memorandum & Order to the pro se plaintiff, and to close this case. Ordered by Judge Kiyo A. Matsumoto on 5/2/2014. (Raghunathan, Abhishek) (Entered: 05/02/2014)

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  • 04/29/2014
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  • (#64) CERTIFICATE OF SERVICE by Eastern Savings Bank, FSB, Topaz Enterprises, Inc., Wachovia Bank, N.A. re 29 Letter MOTION for pre motion conference , 11 Letter MOTION for pre motion conference re 1 Complaint (Leibowitz, Jason) (Entered: 04/29/2014)

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  • 04/29/2014
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  • (#63) REPLY to Response to Motion re 29 Letter MOTION for pre motion conference , 11 Letter MOTION for pre motion conference re 1 Complaint In Further Support of Dismissal of Plaintiff's Complaint filed by Eastern Savings Bank, FSB, Topaz Enterprises, Inc., Wachovia Bank, N.A.. (Attachments: # 1 Exhibit A) (Leibowitz, Jason) (Entered: 04/29/2014)

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  • 04/29/2014
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  • (#62) CERTIFICATE OF SERVICE by Paul Kerson re 61 Reply in Opposition (Lewis, Shari) (Entered: 04/29/2014)

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  • 04/29/2014
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  • (#61) REPLY in Opposition to plaintiff's docket #48 and in further support of motion to dismiss filed by Paul Kerson. (Lewis, Shari) (Entered: 04/29/2014)

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  • 04/28/2014
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  • (#60) Letter by Sheldon Farber (Farber, Sheldon) (Entered: 04/28/2014)

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  • 04/28/2014
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  • (#59) CERTIFICATE OF SERVICE by Sheldon Farber (Farber, Sheldon) (Entered: 04/28/2014)

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  • 04/28/2014
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  • (#58) Letter by Sheldon Farber (Farber, Sheldon) (Entered: 04/28/2014)

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  • 04/28/2014
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  • (#57) CERTIFICATE OF SERVICE by H-P Capital, LLC, Ozone Park Funding Associates re 56 Letter to the Honorable Kiyo Matsumoto dated April 28, 2014 (Gottlieb, Lawrence) (Entered: 04/28/2014)

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46 More Docket Entries
  • 03/25/2014
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  • (#10) AFFIDAVIT/AFFIRMATION re 9 Notice of Appearance Affidavit of Service by Eastern Savings Bank, FSB (Feuerstein, Jerold) (Entered: 03/25/2014)

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  • 03/25/2014
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  • (#9) NOTICE of Appearance by Jerold C. Feuerstein on behalf of Eastern Savings Bank, FSB (aty to be noticed) (Feuerstein, Jerold) (Entered: 03/25/2014)

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  • 03/25/2014
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  • (#8) AFFIDAVIT/AFFIRMATION re 7 Notice of Appearance Affidavit of Service by Eastern Savings Bank, FSB (Leibowitz, Jason) (Entered: 03/25/2014)

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  • 03/25/2014
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  • (#7) NOTICE of Appearance by Jason Scott Leibowitz on behalf of Eastern Savings Bank, FSB (aty to be noticed) (Leibowitz, Jason) (Entered: 03/25/2014)

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  • 03/24/2014
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  • (#6) Letter Requesting permission to file motion to dismiss in lieu of answer on behalf of Sheldon Farber, Edward Feldman and Karina Alomar by Edward Feldman (Feldman, Edward) (Entered: 03/24/2014)

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  • 03/11/2014
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  • (#5) CONSENT to Jurisdiction by US Magistrate Judge, filed by Anthony Modica. (Brucella, Michelle) (Entered: 03/14/2014)

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  • 03/11/2014
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  • (#4) ORDER advising the plaintiff of the obligation to serve the defendants by 7/1/14. Ordered by Magistrate Judge Viktor V. Pohorelsky on 3/11/2014. (Attachments: # 1 Appendix) c/m (Toritto, Jim) (Entered: 03/11/2014)

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  • 03/04/2014
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  • (#3) 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: 03/04/2014)

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  • 03/03/2014
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  • (#2) Summons Issued as to Karina Alomar, Karamvir Dahiya, Eastern Savings Bank, FSB, Sheldon Farber, Edward Feldman, First Union National Bank, H-P Capital, LLC, Paul Kerson, Charles Mester, Ozone Park Funding Associates, Topaz Enterprises, Inc., Wachovia Bank, N.A.. (Bowens, Priscilla) (Entered: 03/04/2014)

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  • 03/03/2014
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  • (#1) COMPLAINT against All Defendants, filed by Anthony Modica. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 03/04/2014)

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