Capek v. Bny Mellon, N.A.

MOTION for Summary Judgment . Document

S.D.N.Y.January 9, 2017

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x SANDRA A. CAPEK, : Plaintiff, : -against- : Case No. 15 CV 4155-LTS-AJP BNY MELLON, N.A., : Oral Argument Is Requested Defendant. : ---------------------------------------------------------------x NOTICE OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; AND NOTICE AND CERTIFICATION OF SERVICE OF UNREDACTED PAPERS IN SUPPORT THEREOF PLEASE TAKE NOTICE, that upon the accompanying Memorandum of Law in Support of Defendant’s Motion for Summary Judgment, Defendant’s Rule 56.1 Statement of Material Facts, the Declaration of Lloyd S. Clareman dated January 9, 2017 and the exhibits attached thereto, and upon all prior proceedings and the evidentiary record herein: Defendant BNY Mellon, N.A. (“BNYM”), by its undersigned counsel, hereby moves this Court, before the Honorable Laura Taylor Swain, United States District Judge, at the Daniel Patrick Moynihan United States Courthouse, Courtroom 12D, 500 Pearl Street, New York, New York 10017, on a date and time to be determined by the Court, for an Order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, granting summary judgment in favor of Defendant with respect to each and every cause of action (i.e., each of the First through Sixth Causes of Action) asserted in Plaintiff’s Amended Complaint herein. PLEASE TAKE FURTHER NOTICE, that pursuant to the Local Civil Rule 6.1(b) of the Southern District of New York, Plaintiff’s answering papers with respect to this motion shall be Case 1:15-cv-04155-LTS-AJP Document 76 Filed 01/09/17 Page 1 of 2 2 served on or before January 23, 2017, and Defendant’s reply papers shall be served on or before January 30, 2017. In accordance with Rule 2(b)(ii) of the Individual Rules of Practice of Judge Laura Taylor Swain (“Individual Rules”), the undersigned counsel hereby confirms compliance with Rule 2(b)(i)(A) of those Rules, and certifies that he has communicated in writing and by telephone with Jonathan Harris, Esq., counsel for the Plaintiff, to discuss the parties’ respective positions, and that due to the dispositive nature of this motion and the divergence of the parties’ positions, no informal resolution of the summary judgment motion was possible. PLEASE TAKE FURTHER NOTICE, that in accordance with the Order of this Court dated January 6, 2017 permitting the filing of redacted motion papers and the subsequent telephonic conference among counsel and Chambers regarding the procedure therefor, the undersigned counsel hereby certifies that unredacted copies of Defendant’s Memorandum of Law in Support of Its Motion to Dismiss, Defendant’s Rule 56.1 Statement of Material Facts, and Declaration of Lloyd S. Clareman dated January 9, 2017 and all exhibits attached thereto, were served on Plaintiff’s counsel by email on January 9, 2017 (exhibits by hand delivery to Harris St. Laurent), at the email addresses noted on their respective notices of appearance in this action. Dated: New York, New York January 9, 2017 LLOYD S. CLAREMAN By: /s/ Lloyd S. Clareman 121 East 61st Street, 2nd Floor New York, NY 10065 Tel. No. (212) 751-1585 Lloyd.Clareman@clareman.com Attorney for Defendant The BNY Mellon, N.A. Case 1:15-cv-04155-LTS-AJP Document 76 Filed 01/09/17 Page 2 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x SANDRA A. CAPEK, : Plaintiff, : -against- : Case No. 15 CV 4155-LTS-AJP BNY MELLON, N.A., : Oral Argument is Requested Defendant. : ---------------------------------------------------------------x NOTICE OF SERVICE OF UNREDACTED DEFENDANT’S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT PLEASE TAKE NOTICE that the undersigned counsel hereby certifies that on January 9, 2017, an unredacted copy of Defendant’s Memorandum of Law in Support of its Motion for Summary Judgment was served upon Plaintiff’s counsel in the above-captioned action by email. Pursuant to the Order of this Court dated January 6, 2017 and the subsequent telephonic conference with Chambers on that date, a redacted copy of the foregoing document will be filed via ECF following counsels’ joint determination of the scope of redactions, and pursuant to any further direction from the Court. Dated: New York, New York January 9, 2017 LLOYD S. CLAREMAN By: /s/ Lloyd S. Clareman 121 East 61st Street, 2nd Floor New York, NY 10065 Tel. No. (212) 751-1585 Lloyd.Clareman@clareman.com Attorney for Defendant BNY Mellon, N.A. Case 1:15-cv-04155-LTS-AJP Document 76-1 Filed 01/09/17 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x SANDRA A. CAPEK, : Plaintiff, : -against- : Case No. 15 CV 4155-LTS-AJP BNY MELLON, N.A., : Oral Argument is Requested Defendant. : ---------------------------------------------------------------x NOTICE OF SERVICE OF UNREDACTED DEFENDANT’S RULE 56.1 STATEMENT OF MATERIAL FACTS PLEASE TAKE NOTICE that the undersigned counsel hereby certifies that on January 9, 2017, an unredacted copy of Defendant’s Rule 56.1 Statement of Material Facts was served upon Plaintiff’s counsel in the above-captioned action by email. Pursuant to the Order of this Court dated January 6, 2017 and the subsequent telephonic conference with Chambers on that date, a redacted copy of the foregoing document will be filed via ECF following counsels’ joint determination of the scope of redactions, and pursuant to any further direction from the Court. Dated: New York, New York January 9, 2017 LLOYD S. CLAREMAN By: /s/ Lloyd S. Clareman 121 East 61st Street, 2nd Floor New York, NY 10065 Tel. No. (212) 751-1585 Lloyd.Clareman@clareman.com Attorney for Defendant BNY Mellon, N.A. Case 1:15-cv-04155-LTS-AJP Document 76-2 Filed 01/09/17 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x SANDRA A. CAPEK, : Plaintiff, : -against- : Case No. 15 CV 4155-LTS-AJP BNY MELLON, N.A., : Oral Argument Is Requested Defendant. : ---------------------------------------------------------------x NOTICE OF SERVICE OF UNREDACTED DECLARATION OF LLOYD S. CLAREMAN IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT PLEASE TAKE NOTICE that the undersigned counsel hereby certifies that on January 9, 2017, an unredacted copy of the Declaration of Lloyd S. Clareman in Support of Defendant’s Motion for Summary Judgment was served upon Plaintiff’s counsel in the above-captioned action by email, and Exhibits A-K thereto by hand delivery. Pursuant to the Order of this Court dated January 6, 2017 and the subsequent telephonic conference with Chambers on that date, redacted copies of the foregoing documents will be filed via ECF following counsels’ joint determination of the scope of redactions, and pursuant to any further direction from the Court. Dated: New York, New York January 9, 2017 LLOYD S. CLAREMAN By: /s/ Lloyd S. Clareman 121 East 61st Street, 2nd Floor New York, NY 10065 Tel. No. (212) 751-1585 Lloyd.Clareman@clareman.com Attorney for Defendant BNY Mellon, N.A. Case 1:15-cv-04155-LTS-AJP Document 76-3 Filed 01/09/17 Page 1 of 1