Case Details

CourtEastern District of New York
Docket number1:08-cv-02777
Date case filed2008-07-11
Date case closed2013-12-19
Date of latest filing
Assigned toJudge Sterling Johnson, Jr
Case cause15:1601 Truth in Lending
Nature of suit890 Other Statutory Actions
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Yanki Tshering
Party type: Plaintiff
Attorney name: Robert Edward Brown
Attorney Contact:
Robert E. Brown, P.C.
30 Vessey Street
15th Floor
New York, NY 10007
212-766-9779
Fax: 212-766-1131
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas M. DeSimone
Attorney Contact:
Thomas M. DeSimone, Esq.
44 Wall Street
New York, NY 10005
212-461-2278
Fax: 212-461-2279
Email: [email protected]
TERMINATED: 02/11/2011
Party: Fairfield Financial Mortgage Group, Inc.
Party type: Defendant
TERMINATED: 02/25/2009
Party: Shaw Mortgage Group, Inc.
Party type: Defendant
TERMINATED: 02/25/2009
Party: Mortgage Electronic Registration Systems, Inc.
Party type: Intervenor Defendant
Attorney name: William C. Sandelands
Attorney Contact:
Sandelands Eyet LLP
1545 US Highway 206, Suite 304
Bedminster, NJ 07921
(908)470-1200
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Deutsche Bank Trust Company Americas, as Trustee
Party type: Intervenor Defendant
Attorney name: William C. Sandelands
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Aurora Loan Services LLC
Party type: Intervenor Defendant
otherSubstituted as Nationstar Mortgage, LLC
Attorney name: William C. Sandelands
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12008-07-11 COMPLAINT against Fairfield Financial Mortgage Group, Inc., Shaw Mortgage Group, Inc. $ 350, filed by Yanki Tshering. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 07/15/2008)
1.2 Civil Cover Sheet
22008-08-12 ORDER: An initial conference in the above-captioned case has been scheduled for November 12, 2008 at 2:30 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiff(s) counsel is directed to confirm with defendant(s) counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 8/12/08. (Marino, Janine) (Entered: 08/12/2008)
32008-11-12 Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Initial Conference Hearing held on 11/12/2008. Dfts did not appear or request an adjournment, nor have they answered. Pltff will file the affidavits of service and move for default. (Abdallah, Fida) (Entered: 11/18/2008)
42009-02-23 First MOTION for Default Judgment as to Fairfield Financial Group, Inc. and Shaw Mortgage Group, Inc. by Yanki Tshering. Responses due by 3/23/2009 (Attachments: # 1 Proposed Order Request to Enter Default) (Desimone, Thomas) (Entered: 02/23/2009)
52009-02-25 Supplemental MOTION for Default Judgment as to Defendants Fairfield Financial Mortgage Group, inc. and Shaw Mortgage Group, Inc. by Yanki Tshering. Responses due by 3/23/2009 (Desimone, Thomas) (Entered: 02/25/2009)
62009-02-25 Clerk's ENTRY OF DEFAULT as to Fairfield Financial Mortgage Group, Inc., Shaw Mortgage Group, Inc. Motions terminated: 5 Supplemental MOTION for Default Judgment as to Defendants Fairfield Financial Mortgage Group, inc. and Shaw Mortgage Group, Inc. filed by Yanki Tshering, 4 First MOTION for Default Judgment as to Fairfield Financial Group, Inc. and Shaw Mortgage Group, Inc. filed by Yanki Tshering. (Hamilton, Janet) (Entered: 02/25/2009)
72009-03-24 STATUS REPORT ORDER: Status Report due by 4/17/2009. Review of the record in the above referenced action reveals that the Clerk of Court entered a Notation of Default against Defendants Fairfield Financial Mortgage Group, Inc. and Shaw Mortgage Group, Inc. on February 25, 2009. Plaintiff is hereby directed to file a status report with this Court on or before April 17, 2009. SEE ATTACHED ORDER. Ordered by Senior Judge Sterling Johnson, Jr on 3/24/2009. (Salzman, Zoe) (Entered: 03/24/2009)
82009-04-20 Notice of Impending Dismissal. Plaintiff is hereby directed to move for a default judgment or take some other action to prosecute this case on or before May 22, 2009. Failure to comply with the instant order may result in dismissal of this action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. SEE ATTACHED ORDER. Ordered by Senior Judge Sterling Johnson, Jr. on 4/20/09. (Salzman, Zoe) (Entered: 04/20/2009)
92009-05-22 First MOTION for Default Judgment as to Fairfield Financial Group, Inc and Shaw Mortgage Group, Inc by Yanki Tshering. Responses due by 6/29/2009 (Attachments: # 1 Exhibit Plaintiff's Complaint, # 2 Exhibit Affidavits of Service, # 3 Exhibit Notation of Default) (Desimone, Thomas) (Entered: 05/22/2009)
102009-06-23 ORDER: By order dated May 29, 2009, the Honorable Sterling Johnson, Jr., United States District Judge, referred this case to me for a Report and Recommendation on plaintiffs motion for a default judgment. Accordingly, the following schedule shall govern: 1. Plaintiff is directed to file and serve a detailed written submission, with accompanying affidavits and documentation, in support of her claims for damages, attorneys fees, and other relief on or before July 31, 2009; and 2. The defaulting defendants may file and serve any opposition on or before August 31, 2009.Once the submissions are received, the court will notify the parties if it intends to conduct an in-person inquest hearing. Requests for extensions must be made in writing and received via Electronic Case Filing at least forty-eight (48) hours in advance of the above deadlines. Plaintiffs counsel is directed to send a copy of this order, via first class mail, to each defendants last known address within three days of receipt, and to include a certificate of service by mail with its next submission to the court. Ordered by Magistrate Judge Robert M. Levy on 6/23/2009. (Marino, Janine) (Entered: 06/23/2009)
112009-07-30 First MOTION for Extension of Time to File Damages Submission by Yanki Tshering. (Desimone, Thomas) (Entered: 07/30/2009)
122009-08-10 First MOTION for Default Judgment as to defendants by Yanki Tshering. Responses due by 9/14/2009 (Attachments: # 1 Exhibit Affidavit documenting damages) (Desimone, Thomas) (Entered: 08/10/2009)
132009-12-11 MOTION for Default Judgment as to Defendants by Yanki Tshering. Responses due by 12/18/2009 (Desimone, Thomas) (Entered: 12/11/2009)
142010-02-01 REPORT AND RECOMMENDATION: By order dated May 29, 2009, the Hon. Sterling Johnson, Jr., United States District Judge, referred this matter to me for a report and recommendation on plaintiff's motion for a default judgment. For the reasons stated in the attached Report & Recommendation, I respectfully recommend that plaintiff's motion for a default judgment be granted and that the mortgage at issue be declared void and unenforceable. I further recommend that plaintiff be given leave to submit additional documentation concerning her monetary damages. Any objections to this Report and Recommendation must be filed with the Clerk of Court, with courtesy copies to Judge Johnson and to my chambers, within fourteen days. Failure to file objections within the specified time waives the right to appeal the District Courts order. See 28 U.S.C. ยง 636(b)(1); Fed. R. Civ. P. 6(a), 72. Ordered by Magistrate Judge Robert M. Levy on 2/1/2010. (Marino, Janine) SEE ATTACHED REPORT & RECOMMENDATION. (Entered: 02/01/2010)
152010-02-22 ORDER granting 14 Report and Recommendations. Upon review of the recommendations, this Court adopts and affirms Magistrate Judge Levy's Report in its entirety. (See attached for details). Ordered by Senior Judge Sterling Johnson, Jr on 2/19/2010. (Rocco, Christine) (Entered: 02/22/2010)
162010-02-23 ORDER granting 9 Motion for Default Judgment. Ordered by Senior Judge Sterling Johnson, Jr on 2/23/2010.(Lee, Jessica) (Entered: 02/23/2010)
172010-02-23 ORDER granting 12 Motion for Default Judgment. Ordered by Senior Judge Sterling Johnson, Jr on 2/23/2010.(Lee, Jessica) (Entered: 02/23/2010)
182010-02-23 ORDER granting 13 Motion for Default Judgment. Ordered by Senior Judge Sterling Johnson, Jr on 2/23/2010.(Lee, Jessica) (Entered: 02/23/2010)
192010-06-22 Letter MOTION for pre motion conference by Mortgage Electronic Registration Systems, Inc., Deutsche Bank Trust Company Americas, as Trustee. (Sandelands, William) (Entered: 06/22/2010)
202010-07-02 REPLY in Opposition to Proposed Intervenors filed by Yanki Tshering. (Brown, Robert) (Entered: 07/02/2010)
212010-08-04 Letter re Defendant's untimely motion by Yanki Tshering (Brown, Robert) (Entered: 08/04/2010)
222010-08-04 Letter Response to 8/4/10 letter filed by Robert E. Brown, Esq. by Deutsche Bank Trust Company Americas, as Trustee, Mortgage Electronic Registration Systems, Inc., Aurora Loan Services LLC (Attachments: # 1 Exhibit A - copy of August 3, 2010 cover letter) (Sandelands, William) (Entered: 08/04/2010)
232010-09-07 Fully Briefed MOTION to Intervene and, MOTION to Vacate Default Judgment by Aurora Loan Services LLC, Deutsche Bank Trust Company Americas, as Trustee, Mortgage Electronic Registration Systems, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Declaration of William C. Sandelands, Esq. in support of Motion, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Proposed Order, # 25 Certificate of Service) (Sandelands, William) (Entered: 09/07/2010)
242010-09-07 MEMORANDUM in Opposition re 23 Fully Briefed MOTION to Intervene and MOTION to Vacate Default Judgment, AFFIDAVIT/DECLARATION in Opposition re 23 Fully Briefed MOTION to Intervene and MOTION to Vacate Default Judgment filed by Yanki Tshering. (Attachments: # 1 Declaration of Robert Brown, Esq. in Opposition, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Sandelands, William) (Entered: 09/07/2010)
252010-09-07 REPLY in Support re 23 Fully Briefed MOTION to Intervene and MOTION to Vacate Default Judgment Reply Memorandum of Law filed by Aurora Loan Services LLC, Deutsche Bank Trust Company Americas, as Trustee, Mortgage Electronic Registration Systems, Inc.. (Attachments: # 1 Reply Declaration of William C. Sandelands, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Certificate of Service of Reply Papers) (Sandelands, William) (Entered: 09/07/2010)
262010-10-28 Letter by Yanki Tshering (Brown, Robert) (Entered: 10/28/2010)
272010-10-28 Letter Response to October 28 Letter filed by Plaintiff's Counsel by Aurora Loan Services LLC (Sandelands, William) (Entered: 10/28/2010)
282010-10-28 Letter re Aurora Loan Services by Yanki Tshering (Brown, Robert) (Entered: 10/28/2010)
292012-03-27 Joint MOTION to Adjourn Conference by Yanki Tshering. (Brown, Robert) (Entered: 03/27/2012)
302012-09-07 Letter regarding the status of the pending motion by Aurora Loan Services LLC, Deutsche Bank Trust Company Americas, as Trustee, Mortgage Electronic Registration Systems, Inc. (Sandelands, William) (Entered: 09/07/2012)
312012-09-27 Letter in Response to proposed intervener-defendants' letter dated September 7, 2012 by Yanki Tshering (Brown, Robert) (Entered: 09/27/2012)
322012-09-28 Letter response to Plaintiff's 9/27/12 letter by Aurora Loan Services LLC, Deutsche Bank Trust Company Americas, as Trustee, Mortgage Electronic Registration Systems, Inc. (Sandelands, William) (Entered: 09/28/2012)
332013-03-08 NOTICE of Consent to Change Attorney by William Graig Sandelands (Sandelands, William) (Entered: 03/08/2013)
342013-04-23 Letter to Hon. Carol Bagley Amon, C.J. by Aurora Loan Services LLC, Deutsche Bank Trust Company Americas, as Trustee, Mortgage Electronic Registration Systems, Inc. (Sandelands, William) (Entered: 04/23/2013)
352013-05-07 Letter dated 5/1/2013 to William C. Sandelands from Chief Judge Carol Bagley Amon RE: Judge Amon acknowledges receipt of counsel's letter dated 4/23/2013 and alerts the presiding judge to counsel's concerns. (Siegfried, Evan) (Entered: 05/07/2013)
362013-07-03 Letter to the Hon. Sterling Johnson, Jr., U.S.D.J. by Aurora Loan Services LLC, Deutsche Bank Trust Company Americas, as Trustee, Mortgage Electronic Registration Systems, Inc. (Sandelands, William) (Entered: 07/03/2013)
372013-07-11 ORDER granting 23 Motion to Intervene. See attached. Ordered by Judge Sterling Johnson, Jr on 7/11/2013. (Figeroux, Davina) (Entered: 07/11/2013)
382013-08-23 STIPULATION Replacing Aurora Loan Services LLC with Nationstar Mortgage LLC by Aurora Loan Services LLC, Deutsche Bank Trust Company Americas, as Trustee, Mortgage Electronic Registration Systems, Inc. (Sandelands, William) (Entered: 08/23/2013)
392013-08-23 ANSWER to 1 Complaint by Aurora Loan Services LLC, Deutsche Bank Trust Company Americas, as Trustee, Mortgage Electronic Registration Systems, Inc.. (Sandelands, William) (Entered: 08/23/2013)
402013-12-10 Letter to Honorable Sterling Johnson, Jr. by Yanki Tshering (Brown, Robert) (Entered: 12/10/2013)
412013-12-17 STIPULATION of Dismissal with Prejudice by Deutsche Bank Trust Company Americas, as Trustee (Sandelands, William) (Entered: 12/17/2013)
422013-12-18 ORDER DISMISSING CASE per attached stipulation. The Clerk of the Court is directed to close the case. Ordered by Judge Sterling Johnson, Jr on 12/18/2013. (Figeroux, Davina) (Entered: 12/18/2013)