Case: Doane v. National Westminster Bank

Doane v. National Westminster Bank USA

COMPLAINT filed and summons(es) issued for National Westminster FILING FEE $ 120.00 RECEIPT # 171090 (Greene, Donna) (Entered: 03/28/1995)

AMENDED COMPLAINT by Thomas L. Doane , (Answer due 5/13/95 for National Westminster ) amending [1-1] complaint. (Joseph, Derek) (Entered: 05/04/1995)

RETURN OF SERVICE executed as to National Westminster 5/1/95 Answer due on 5/21/95 for National Westminster. (Joseph, Derek) (Entered: 05/12/1995)

STIP/ORDER dated 6/23/95 that time for deft National Westminster Bank USA to answer; etc. extended to & including 7/5/95. (signed by Judge Raymond J. Dearie). (Greves, Liz) (Entered: 06/27/1995)

MOTION by National Westminster for Joseph F. Yenouskas to appear pro hac vice . (Joseph, Derek) (Entered: 07/12/1995)

Calendar entry before Judge Dearie dated July 7, 1995. Court reporter Fred Guerino. Pre-motion conference held. Deft motion to dismiss is denied. (Joseph, Derek) (Entered: 07/19/1995)

NOTICE of attorney appearance for National Westminster by Mitchel H. Kider. (Joseph, Derek) (Entered: 07/10/1995)

ORDER extending time for deft National Westminster Bank USA to answer the amended complaint to and including Aug. 21, 1995. cm ( signed by Judge Raymond J. Dearie and dated July 10, 1995 ) (Joseph, Derek) (Entered: 07/11/1995)

ORDER granting [8-1] motion for Joseph F. Yenouskas to appear pro hac vice. cm ( signed by Judge Raymond J. Dearie and dated July 10, 1995 ) (Joseph, Derek) (Entered: 07/12/1995)

ORDER extending time until Sept. 11, 1995, for deft National Westminster Bank USA to answer the complaint. cm ( signed by Judge Raymond J. Dearie and dated Aug. 1, 1995 ) (Joseph, Derek) (Entered: 08/02/1995)

ORDER set initial conference for 3:30 9/21/95 before Magistrate A. S. Chrein . cm ( signed by Magistrate A. S. Chrein and dated Aug. 17, 1995 ) (Joseph, Derek) (Entered: 09/05/1995)

Stipulation & Order: The parties agree that pltff may file a Second Amended Complaint . Pltff shall dismiss w/o prejudice his request for injunctive and declaratory relief. Pltff request that the Court enter judgment awarding pltff $1,000,000.00 in compensatory damages and 1,000,000.00 in punitive or exemplary damages for violation of law. Awarding pltff attys' fees, costs, and expensed. cm ( Signed by Judge Raymond J. Dearie and dated 9/13/95 ) (Joseph, Derek) (Entered: 09/15/1995)

SECOND AMENDED COMPLAINT by Thomas L. Doane , (Answer due 9/23/95 for National Westminster ), amending [2-1] amended complaint. (Joseph, Derek) (Entered: 09/15/1995)

NOTICE of Joint proposed discovery plan by plaintiff Thomas L. Doane, and deft National Westminster Bank, USA. (Joseph, Derek) (Entered: 09/19/1995)

Calendar entry: Before Mag. Judge Chrein on 9.21.95 at 3:30 p.m. case called for status conference., set discovery due for 5/31/96 , set status conference for 10:00 a.m. on 6/19/95 before Magistrate A. S. Chrein (Greene, Donna) (Entered: 09/25/1995)

NOTICE of motion by National Westminster Bank, USA, to dismiss pltff's Second and Third Claims for relief for lack of standing. (Joseph, Derek) (Entered: 09/25/1996)

ANSWER by Deft National Westminster Bank, to pltff's second amended complaint. (Joseph, Derek) (Entered: 10/11/1995)

Letter from Emanuel Belibasakis, a student at New York Law School, to Judge Dearie file dated Nov. 1, 1995. Enclosing the required student practice order forms for representation of plaintiff Thomas Doane. (Joseph, Derek) (Entered: 11/03/1995)

MEMORANDUM by counsel for plaintiff Thomas L. Doane in opposition to deft's partial motion to dismiss. (Joseph, Derek) (Entered: 11/21/1995)

LETTER dated 10/30/95 from Emanual Belibasakis to Mr. Soric requesting a briefing schedule on deft's motion to dismiss the the court would like a follow-up on, and a timetable when the Court expects briefs submitted. (Romano, Dan) (Entered: 11/29/1995)

LETTER dated 11/13/95 from Richard Marsico to Judge Dearie advising of briefing schedule, agreed to by parties, on dft's partial motion to dismiss: pltff's answer to be submitted to dft's counsel on 11/17/95 via fax; dft's reply is due 12/15/95. (Ferguson, Frances) (Entered: 11/30/1995)

Endorsed order granting [22-1] letter; oral argument on 2/9/96 at 10:00 a.m. ( Signed by Judge Raymond J. Dearie, dated: 11/14/95; c/m ) (Ferguson, Frances) (Entered: 11/30/1995)

ORDER: By letter dated Dec. 11, 1995 counsel for the deft requests an order compelling Ms. Ann Northern to comply with a subpoena dated Nov. 13, 1995. Any objection the witness wishes to make to compliance with this subpoena is to reach the Mag. n/l/t Dec. 29, 1995. ( Signed by Magistrate A. S. Chrein and dated Dec. 14, 1995 ) (Joseph, Derek) (Entered: 12/18/1995)

REPLY MEMORANDUM OF LAW by National Westminster in further opposition to deft's partial motion to dismiss. (Joseph, Derek) (Entered: 09/25/1996)

ORDER: Compliance with dft's subpoena is stayed pending adjudication of its rule 12(b)(1) motion to dismiss. Parties are to contac tthe undersigned Magistrate Judge if and when it becomes necessary to rule on the merits of dft's request for an order to compel compliance. ( signed by Magistrate A. S. Chrein, dated: 1/2/96 ) (Ferguson, Frances) (Entered: 01/16/1996)

NOTICE of Student Practice Forms by Michael Marino, submitted on behalf of plaintiff Thomas L. Doane. (Joseph, Derek) (Entered: 02/13/1996)

Calendar entry before Judge Dearie dated March 15, 1996. ESR R. Eppenstein. Case called. Arguments heard. Decision reserved. (Joseph, Derek) (Entered: 03/19/1996)

ORDER, dated April 18, 1996, that pltf. may serve a non-party witness subpoena and deposition notice upon Barbara Scott at her residence in New Jersey . ( signed by Magistrate A. S. Chrein ) (Vaughn, Terry) (Entered: 04/19/1996)

ORDER dated 4/10/96 GRANTING pltff's request for an order permitting alternative service of a subpoena on Barbara Scott, a non-party witness in this case. Pltff to submit an appropriate Order. (signed by Magistrate A. S. Chrein on letter dated 4/5/96 from Richard Marsico). (Greves, Liz) (Entered: 04/23/1996)

Letter from Richard Marsico, counsel for pltff Thomas Doane, to Mag. Chrein dated April 23, 1996. Pursuant to FRCivP 45, pltff moves for an order permitting alternative service of a subpoena on Cheryl Sims. (Joseph, Derek) (Entered: 05/31/1996)

Endorsed order: The Court grants pltff's application to serve a subpoena on Cheryl Sims. cm ( Signed by Magistrate A. S. Chrein on letter Doc. #33 ) (Joseph, Derek) (Entered: 05/31/1996)

Letter from pltff's representative to Mag. Chrein dated April 24, 1996. Submitted as a joint application to extend the date for completion of discovery in this case by one month, to June 30, 1996. (Joseph, Derek) (Entered: 05/01/1996)

Endorsed order, reset discovery due for 6/30/96 , reset pretrial conference for 10:00 6/24/96 before Magistrate A. S. Chrein . cm ( Signed by Magistrate A. S. Chrein and April 25, 1996 ) (Joseph, Derek) (Entered: 05/01/1996)

ORDER, set status conference for 10:00 6/24/96 before Magistrate A. S. Chrein . cm ( Signed by Magistrate A. S. Chrein and dated May 7, 1996 ) (Joseph, Derek) (Entered: 05/15/1996)

Calendar entry before Mag. Chrein dated May 8, 1996. Deft will provide pltff w/material submitted to HUB n its audit of deft. Should this be shown to be inadequate pltff may reapply at a time after the present Fleet Bank audit for further discovery. (Joseph, Derek) (Entered: 05/10/1996)

Letter from Richard Marsico, atty for pltff, to the Court file dated May 15, 1996. Enclosing for filing an Affidavit of Service and Certificate of Service for a subpoena and deposition notice on Beverly Scott. (Joseph, Derek) (Entered: 07/30/1996)

ORDER that pltff may serve a non-party witness subpoena and deposition notice upon Cheryl Sims at her residence. ( signed by Magistrate A. S. Chrein and dated May 23, 1996 ) (Joseph, Derek) (Entered: 06/11/1996)

Letter from Mitchel Kider, counsel for Mag. Chrein dated June 5, 1996. Counsel request that the Court reset the final pretrial conference date to the last week of July or the first week of Aug. (Joseph, Derek) (Entered: 09/03/1996)

Letter from defense counsel to Mag. Chrein dated June 14, 1996. Counsel request an extension of time to submit the proposed discovery schedule. (Joseph, Derek) (Entered: 07/11/1996)

Endorsed order extending time : The conf now scheduled for Aug. 19, 1996 was calendared on the belief that all discovery would have been substantially completed at that time. The Aug. 19, 1996 conference is adjourned to Oct. 2, 1996 at 4:30. ( Signed by Magistrate A. S. Chrein and dated June 17, 1996 ) (Joseph, Derek) (Entered: 07/11/1996)

Letter from Mitchel Kider, counsel for NatWest, to Mag. Chrein dated July 1, 1996. Deft NatWest moves the Court to enter an order directing Ann Northern, a non-pty witness, to file a privilege index n/l/t July 10, 1996. ( Request granted by Mag. Chrein. (Joseph, Derek) (Entered: 07/19/1996)

Calendar entry before Mag. Chrein dated July 19, 1996. In view of the delay in delivery of HUD files due to the difficulty of producing files dislocated by the Fleet Bank merger. The Court will if requested extend the expert discovery due date. (Joseph, Derek) (Entered: 08/05/1996)

Supplemental Memo by deft National Westminster in support of deft's partial motion to dismiss. (Joseph, Derek) (Entered: 09/11/1996)

MEMO & ORDER: The Court denied deft's motion to dismiss pltff's section 1981 and 1982 claims for reasons stated in the memo. cm ( Signed by Judge Raymond J. Dearie and dated Sept. 24, 1996 ) (Joseph, Derek) (Entered: 10/01/1996)

Calendar entry before Mag. Chrein and Oct. 2, 1996. Set discovery due for 7/11/97 , set status conference for 10:00 7/11/97 before Magistrate A. S. Chrein . (Joseph, Derek) (Entered: 10/15/1996)

Student Practice Rule form submitted on behalf of Teresa Albanese. (Asreen, Wendy) (Entered: 12/24/1996)

Student Practice Rule Form submitted on behalf of Jonathan Rosenbloom. (Asreen, Wendy) (Entered: 12/24/1996)

Student Practice Rule form submitted on behalf of Laurie Kalash. (Asreen, Wendy) (Entered: 12/24/1996)

Student Practice Rule Form submitted on behalf of Belinda Boone. (Asreen, Wendy) (Entered: 12/24/1996)

SUPPLEMENTAL ANSWER by National Westminster to Pltff's second amended complaint. (Joseph, Derek) (Entered: 10/11/1996)

NOTICE of Pltff's appeal from Mag. Judge's Order by pltff Thomas L. Doane. (Joseph, Derek) (Entered: 10/23/1996)

RESPONSE by Thomas L. Doane [48-1] to Deft's opposition to Appeal (Jackson, Ramona) (Entered: 11/04/1996)

Copy of fax from Mitchel Kider to Mag. Chrein dated Feb. 20, 1997. Written on behalf of pltff Thomas Doane and deft National Westminster Bank, USA. The parties have agreed upon a discovery schedule in this matter. (Joseph, Derek) (Entered: 03/05/1997)

Copy of letter from Mag. Chrein to counsel for the parties in this action. The Mag. proposes that the cutoff date for expert discovery be set for March 30, 1997. (Joseph, Derek) (Entered: 03/05/1997)

ORDER adjourning the scheduled status conference. Set status conference for 10:00 7/25/97 before Magistrate A. S. Chrein . cm ( Signed by Magistrate A. S. Chrein and dated April 2, 1997 ) (Joseph, Derek) (Entered: 04/04/1997)

Letter from Kate Usdrowski, legal intern at NY Law School, to the Clerk of Court file dated April 4, 1997. Enclosing two student practice orders to be filed. (Joseph, Derek) (Entered: 04/07/1997)

NOTICE of Eastern District Student Practice Form by law student Kate Usdrowski, file in case as to plaintiff Thomas L. Doane. (Joseph, Derek) (Entered: 04/07/1997)

NOTICE of Eastern District Student Practice Form submitted by law student Lisa Murry, for plaintiff Thomas L. Doane. (Joseph, Derek) (Entered: 04/07/1997)

ORDER dated 7/15/97 that the conference presently scheduled for 7/25/97 is adjourned to 8/4/97 at 2:30PM before Magistrate A. S. Chrein. (signed by Magistrate A. S. Chrein). (Greves, Liz) (Entered: 07/16/1997)

ORDER dated 7/1/97 that the 8/4/97 conference adjourned without date. Counsel for both parties are to advise the magistrate in writing when the motion to withdraw as counsel is decided. (signed by Magistrate A. S. Chrein on copy of letter dated 8/1/97 from Richard Marsico). (Greves, Liz) (Entered: 08/06/1997)

ORDER, setting status conference for 2:15 9/16/97 before Judge Raymond J. Dearie . ( signed by Judge Raymond J. Dearie on 9/4/97. ) (DiTomasso, Mike) (Entered: 09/09/1997)

ORDER, that the Clerk of the Court is directed to appoint an attorney from the Pro Bono Panel to represent the plaintiff. The assigned attorney is directed to file a Notice of Appearance or an application for relief from appointment within 30 days of receipt of the notice of appointment. (Signed by Judge Raymond J. Dearie on 10/7/97) c/m (Johnson, Tanya) (Entered: 10/08/1997)

ORDER granting motion to withdraw appearances of New York law School Civil and Human rights Clinic by Richard Marsico. Leave is given to withdraw as atty of record for pltff. Copies mailed to all parties on 10/16/97. ( signed by Judge Raymond J. Dearie dated 10/15/97) (Glenn, Marilyn) (Entered: 10/17/1997)

Calendar entry: Before Mag. Chrein on 1/7/98 at 11:00. Case called. Next status conference for 3:30 3/24/98 before Magistrate A. S. Chrein . Pltf. is still looking for counsel. Pro Se has discontinued efforts to obtain counsel for pltf. Discovery is stayed to 3/13/98. (Greene, Donna) (Entered: 01/16/1998)

ORDER, setting status conference for 11:00 on 6/3/98 before Magistrate A. S. Chrein . All parties must attend. ( signed by Magistrate A. S. Chrein, dated 5/19/98 ) c/m. (Murphy, Margaret) (Entered: 05/20/1998)

Calendar entry: Before Magistrate Judge Chrein- conference held. The 125 files ordered are still being sought (see defendant's letter of 1/5/98). Defendant to submit a written status letter re: search for files by 7/31/98. Defendant will be allowed 1 day of added deposition of plaintiff (9:30-1:00; 2:30-5:00). Plaintiff to evaluate if he will offer expert testimony re: "emotional distress" by 7/31/98. Plaintiff's expert reports due by 10/16/98; defendant's due by 11/30/98. Discovery due by 11/30/98 . Next conference set for 2:30 on 12/1/98 . (Reddy, Lisa) Modified on 06/05/1998 (Entered: 06/05/1998)

LETTER dated 1/5/98 from Mitchel H. Kider to to Magistrate Judge Chrein, re: Fleet's search for the 125 requested files. (Reddy, Lisa) (Entered: 06/05/1998)

LETTER dated 7/30/98 from Thomas Doane to Mag. Chrein, providing the status of the case, and advising that he will be caling expert testimony as to the emotional and mental health consequences to his wrong ful conduct of deft. Fleet Bank N.A. (Greene, Donna) (Entered: 08/05/1998)

LETTER dated 7/30/98 from Mitchel H. Kider to Mag. Chrein, advising tht since the status conference employees of fleet have been invloved in a search of various storage warehouses where Fleet maintains files relating to mortgage loans. As of this date, Fleet has now identified 18,000 boxes of documents that may or may not contain the comparative files sought. Three Fleet emploees are now in the process of searching those boxes for the files requested by pltf. Fleet will supplement this report immediately upon completion of the search process. (Greene, Donna) (Entered: 08/05/1998)

Endorsed order on doc. #71. Counsel for deft. is to submit an affidavit subscribed by person conducting the search for the loan files fully describing the efforts undertaking to locate said files. All future correspondence is to contain the docket number of this case. ( Signed by Magistrate A. S. Chrein on 7/31/98). (Greene, Donna) (Entered: 08/05/1998)

LETTER dated 7/31/98 from Mitchel H. Kider to Mag. Chrein, asking the Court to enter an order directing pltf. to identify his experts and comply with the requirements of Rule 26, so that Fleet can depose his expert and prepare rebuttal testimony if needed. (Greene, Donna) (Entered: 08/13/1998)

Endorsed order on doc. #72. As indicated at a conference held on 6/3/98 pltf. will provide his expert report conforming to Rule 26 on his claimed " emotional destress" by 10/16/98. All correspondence will in the future contain the docket # of the case. ( Signed by Magistrate A. S. Chrein on 8/3/98). (Greene, Donna) (Entered: 08/13/1998)

Calendar entry: Before Mag. Chrein on 12/1/98 at 2:30. Case called. Deft. will provide pltf. with an affidavitt explaining the efforts made to obtain the loan files w/in 2 weeks. Deft to move for summary judgment by 12/31/98. (Greene, Donna) (Entered: 12/07/1998)

AFFIDAVIT of Michael R. zarro, Jr. in response to a directive by Mag. Judge Simon Chrein on 12/1/98. The affidavit details efforts by FMG to laocate certain laon files, etc. (Greene, Donna) (Entered: 12/21/1998)

ORDER that the parties have reported to the court that they have settled the case. Accordingly, the parties are directed to file a stipulation of discontinuance by 1/25/99. The Clerk of the Court is directed to close this case. ( signed by Judge Raymond J. Dearie on 12/23/98). c/m (Greene, Donna) (Entered: 12/28/1998)

Case closed (Greene, Donna) (Entered: 12/28/1998)

INTER-OFFICE MEMO from Mag. Chrein to Judge Dearie dated 12/22/98, advising that he has be advised by counsel that the above numbered matter has been settled. (Greene, Donna) (Entered: 12/29/1998)

STIPULATION of dismissal with prejudice, each party to bear its own costs, expenses, and attorneys fees. ( Signed by Judge Raymond J. Dearie on 1/7/99). (Greene, Donna) (Entered: 01/13/1999)