In Re: Connie Abraham

1:21-cv-01628 | New York Southern District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Foley Square
Judge Judge Mary Kay Vyskocil
Filed Feb. 24, 2021
Case Flags ECF
Nature of Suit 422 Bankruptcy Appeal
Cause 28:0158 Notice of Appeal re Bankruptcy Matter (BA
Jury Demand None
Related Case 1:21-cv-01688
Last Updated: 3 years, 3 months ago Show Interactive Timeline
Filing Date # Docket Text
11/30/2021
  • Motion for Judgment
CLERK'S JUDGMENT re: 20 Memorandum & Opinion, in favor of Fay Servicing, LLC against Connie Abraham. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order of Dismissal dated November 30, 2021, the Motion of Appellee Fay Servicing, LLC, as servicer for Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-1, to dismiss Ms. Abraham's appeal is GRANTED. In addition, the Court DISMISSES both appeals with prejudice for lack of subject matter jurisdiction. The Clerk of Court is respectfully requested to close both appeals and the Motion to Dismiss at docket entry 9 in Case No. 21-cv-01628. In the event that Appellant elects to proceed in forma pauperis on appeal from this Opinion & Order, the Court certifies pursuant to 28 U.S.C. � 1915(a)(3) that any such appeal would not be taken in good faith and therefore denies in forma pauperis status. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962); accordingly, both cases are closed. (Signed by Clerk of Court Ruby Krajick on 11/30/2021) (Attachments: # 1 Notice of Right to Appeal) (dt) (Entered: 11/30/2021)
11/30/2021
  • Motion to Dismiss (Demurrer)
OPINION AND ORDER OF DISMISSAL re: (9 in 1:21-cv-01628-MKV) MOTION to Dismiss for Lack of Jurisdiction . filed by Fay Servicing, LLC. For the foregoing reasons, the Motion of Appellee Fay Servicing, LLC, as servicer for Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-1, to dismiss Ms. Abraham's appeal is GRANTED. In addition, the Court DISMISSES both appeals with prejudice for lack of subject matter jurisdiction. The Clerk of Court is respectfully requested to close both appeals and the Motion to Dismiss at docket entry 9 in Case No. 21-cv-01628. In the event that Appellant elects to proceed in forma pauperis on appeal from this Opinion & Order, the Court certifies pursuant to 28 U.S.C. � 1915(a)(3) that any such appeal would not be taken in good faith and therefore denies in forma pauperis status. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/30/2021) (tg) Transmission to Orders and Judgments Clerk for processing. (Entered: 11/30/2021)
11/19/2021
  • Motion to Dismiss for Lack of Jurisdiction
REPLY AFFIRMATION of Ronald P. Labeck in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Fay Servicing, LLC..(Labeck, Ronald) (Entered: 11/19/2021)
11/10/2021APPELLANT'S OPPOSITIONAL AFFIRMATION of Connie Abraham TO MFRA'S MOTION TO DISMISS, re: 9 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Connie Abraham. (sc) (Entered: 11/10/2021)
10/5/2021Mailed a copy of [17] Order on Motion to Dismiss/Lack of Jurisdiction to Connie Abraham at 4401 Carpenter Ave, #3, Bronx, NY 10470. (kh) (Entered: 10/05/2021)
10/5/2021Set/Reset Deadlines: Responses due by 11/5/2021 Replies due by 11/19/2021. (tg) (Entered: 10/05/2021)
10/5/2021
  • Order
ORDER with respect to 9 Motion to Dismiss for Lack of Jurisdiction. IT IS HEREBY ORDERED that Appellant shall file her opposition to Appellees Motion to Dismiss on or before November 5, 2021. Appellee shall file its reply on or before November 19, 2021. Failure to file an opposition to Appellees Motion to Dismiss on or before November 5, 2021 may result in the Court deciding Appellees Motion to Dismiss unopposed.The Clerk of Court is respectfully requested to mail a copy of this Order to the pro seAppellant at the address of record. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/5/2021) (tg) Transmission to Docket Assistant Clerk for processing. (Entered: 10/05/2021)
8/6/2021Mailed a copy of [16] Order on Motion for Extension of Time to Connie Abraham at 4401 Carpenter Ave, #3, Bronx, NY 10470. (kh) (Entered: 08/06/2021)
8/6/2021Set/Reset Deadlines: Responses due by 9/27/2021 Replies due by 10/11/2021. (rj) (Entered: 08/06/2021)
8/6/2021
  • Motion to Extend TimePartial
MEMO ENDORSED ORDER granting in part and denying in part 13 Motion for Extension of Time. ENDORSEMENT: GRANTED IN PART AND DENIED IN PART. The Court grants Appellant a 30-day extension of the deadline to submit her opposition to Appellee's motion to dismiss. Appellant shall file her opposition on or before September 27, 2021, and Appellee shall file its reply on or before October ll, 202l. The Clerk of Court is respectfully requested to terminate docket entry l3 and mail a copy of this Order to the pro se Appellant at the address of record. SO ORDERED.. (Signed by Judge Mary Kay Vyskocil on 8/6/2021) (rj) Transmission to Docket Assistant Clerk for processing. (Entered: 08/06/2021)
8/6/2021LETTER REPLY to Response to Motion addressed to Judge Mary Kay Vyskocil from Michael L. Carey, Esq. dated August 5, 2021 re: 13 MOTION for Extension of Time. Opposition. Document filed by Fay Servicing, LLC..(Carey, Michael) (Entered: 08/06/2021)
8/4/2021AFFIRMATION of Connie Abraham IN SUPPORT OF MOTION FOR ENLARGEMENT OF TIME, re: 13 MOTION for Extension of Time. Document filed by Connie Abraham. (sc) (Entered: 08/04/2021)
8/4/2021NOTICE OF MOTION for Extension of Time, re: to respond to the Court's Decision dated 6/26/21. Document filed by Connie Abraham.(sc) (Entered: 08/04/2021)
8/3/2021AFFIDAVIT of Tristan Villanueva in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Fay Servicing, LLC..(Carey, Michael) (Entered: 08/03/2021)
7/28/2021DECLARATION of Michael L. Carey, Esq. in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Fay Servicing, LLC..(Carey, Michael) (Entered: 07/28/2021)
7/28/2021
  • Motion to Dismiss for Lack of Jurisdiction
MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Fay Servicing, LLC..(Carey, Michael) (Entered: 07/28/2021)
7/28/2021
  • Motion to Dismiss for Lack of Jurisdiction
MOTION to Dismiss for Lack of Jurisdiction . Document filed by Fay Servicing, LLC. Responses due by 8/27/2021.(Carey, Michael) (Entered: 07/28/2021)
6/29/2021INFORMATION PACKAGE MAILED to Connie Abraham, at 4401 Carpenter Ave #3, Bronx, NY 10470, on 6/29/2021 Re: 7 Order on Motion for Conference. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sha) (Entered: 06/29/2021)
6/28/2021Transmission to Pro Se Assistants. Transmitted re: [7] Order on Motion for Conference, to the Pro Se Assistants for processing..(rj) (Entered: 06/28/2021)
6/28/2021Set/Reset Deadlines: Motions due by 7/28/2021. Responses due by 8/27/2021 Replies due by 9/10/2021. (rj) (Entered: 06/28/2021)
6/28/2021
  • OrderDenied
ORDER denying 5 Letter Motion for Conference re: 5 LETTER MOTION for Conference addressed to Magistrate Judge Katharine H. Parker from Ronald P. Labeck dated May 10, 2021. Accordingly, the case remains before me. Appellee's request for a pre-motion conference is DENIED. Instead, the parties may proceed directly to briefing. The briefing schedule is as follows: motion due on or before July 28, 2021; opposition due on or before August 27, 2021; and reply due on or before September 10, 2021. The parties shall consult the Court's Individual Practice Rules and ensure compliance therewith. The Clerk of Court is respectfully requested to terminate docket entry 5 and mail a copy of this Order, the Court's Individual Practice Rules (below), and an information package to the pro se Appellant at the address of record. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 6/28/2021) (rj) Transmission to Docket Assistant Clerk for processing. (Entered: 06/28/2021)
5/21/2021 LETTER addressed to BEFORE MY LORD(S) from Connie Abraham dated 5/14/2021 re: I am of the Bench in the Courts, and at the Bar of England and Wales (Criminal Court life time appointment). Document filed by Connie Abraham..(rj) (Entered: 05/21/2021)
5/10/2021
  • Motion
LETTER MOTION for Conference addressed to Magistrate Judge Katharine H. Parker from Ronald P. Labeck dated May 10, 2021. Document filed by Fay Servicing, LLC..(Labeck, Ronald) (Entered: 05/10/2021)
5/10/2021NOTICE of Consent to Magistrate. Document filed by Fay Servicing, LLC..(Labeck, Ronald) (Entered: 05/10/2021)
5/10/2021NOTICE OF APPEARANCE by Ronald P. Labeck on behalf of Fay Servicing, LLC..(Labeck, Ronald) (Entered: 05/10/2021)
3/3/2021NOTICE of NOTICE OF RETURN AND REJECTION OF PLAINITFFS NOTICE OF APPEAL DATED JANUARY 7, 2021 re: 1 Bankruptcy Appeal,. Document filed by Fay Servicing, LLC. (Attachments: # 1 Exhibit Notice of Appeal dated 1/7/21, # 2 Exhibit Order Granting Defendant's Motion for Summary Judgment, # 3 Exhibit Certificate of Service).(Schwalb, Jonathan) (Entered: 03/03/2021)
2/24/2021Case Designated ECF. (bkar) (Entered: 02/24/2021)
2/24/2021Magistrate Judge Katharine H. Parker 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bkar) (Entered: 02/24/2021)
2/24/2021NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Cecelia G. Morris dated October 5, 2020. Bankruptcy Court Case Numbers: 20-1059A, 19-B-13999 (CGM). Certified copies of file received.Document filed by Connie Abraham.(bkar) (Entered: 02/24/2021)