Order | Filed: September 04, 2026
| Entered: September 04, 2026
Sealy et al v. Cenlar FSB et al
Consumer Credit | New York Eastern
Order on Motion to Show Cause
ORDER. The Court has received Plaintiffs' request for an order to show cause, which is Plaintiffs' third request for emergency relief in this case. (ECF No. 71 ; see also ECF Nos. 29 , 38 ; Min. Entry, July 16, 2026; Min. Entry, Aug. 10, 2026.) Plaintiffs' request is denied in light of the Court's August 31, 2026 Order granting Plaintiffs leave to amend and entering a briefing schedule on the forthcoming motions to dismiss. (Elec. Order, Aug. 31, 2026.)
Plaintiffs seek an order to compel Cenlar's compliance with this Court's July 16, 2026 Order requiring Cenlar to provide, among other documents, all documents provided in response to Plaintiffs' January 9, 2026 and March 1, 2026 inquiries and proof of such mailing. (Min. Entry, July 18, 2026.) For the reasons discussed below, Cenlar's productions have substantially complied with the Court's Order. (See ECF Nos. 36 , 64 .) On July 23, 2026, Cenlar submitted, among other documents:
(1) a December 11, 2025 response to Plaintiffs, acknowledging receipt of Plaintiffs' request and attaching a copy of a current Loan Statement and the Note and Mortgage;
(2) a January 27, 2026 letter to Plaintiffs acknowledging receipt of Plaintiffs' subsequent request;
(3) a January 29, 2026 letter to Plaintiffs substantially reiterating the contents of the December 11, 2026 letter; and
(4) March 25 and March 27, 2026 letters indicating that Cenlar has responded to Plaintiffs' requests and attaching a transaction history of the mortgage.
On August 19, 2026, Cenlar filed the sworn declaration of Genevieve Gross, Vice President of Document Execution at Cenlar, who attested that her review of Cenlar's business records demonstrated that the above-referenced documents were transmitted to Venture Solutions, Cenlar's third-party vendor, for "printing and mailing" in accordance with Cenlar's ordinary business practices. (ECF No. 64 , paras 5-7.)
Furthermore, Cenlar's submissions described in #3 and 4 above were attached to Plaintiffs' Complaint, which indicates that Plaintiffs did receive those specific mailings before filing this litigation. (See ECF No. 1 -4.) Moreover, Cenlar's submission described in #1 is substantially similar to Cenlar's submission described in #3 above. (See id.)
Plaintiffs' request for an order to show cause seeks relief related to their RESPA, breach of contract, and fraud claims, all of which are the subject of the forthcoming amended complaint and anticipated motions to dismiss.
Ordered by Judge Nusrat J. Choudhury on 9/4/2026. (CQTH)
Order | Filed: September 03, 2026
| Entered: September 03, 2026
Sealy et al v. Cenlar FSB et al
Consumer Credit | New York Eastern
Order on Motion for Pre Motion Conference Order on Motion for Partial Summary Judgment
ORDER. The Court has received Plaintiffs' request for a pre-motion conference and scheduling order regarding a motion for partial summary judgment. (ECF No. 69 .) The request is denied. Pursuant to the Court's Individual Rules, the Court will not issue a briefing schedule on a motion under Fed. R. Civ. P. 56 or hold a conference concerning any Joint Pre-Trial Order unless the parties have participated, in good faith, in a settlement conference before the assigned magistrate judge. See Individual Rules 5.1.1., 10.1.
During the August 10, 2026 conference, the Court explored the parties' interest in a settlement conference concerning Plaintiffs' breach of contract claim as that claim relates to Plaintiffs' challenge to the imposition of attorney fees. (Min. Entry, Aug. 10, 2026.) In its August 13, 2026 letter submission, Cenlar indicated that a settlement conference concerning this issue would not be fruitful. (ECF No. 62 .)
As noted in earlier Orders, the Court has held two lengthy conferences in this matter on issues related to the filing of the original Complaint, requests for a TRO, and early discovery. (Min. Entry, July 18, 2026; Min. Entry, Aug. 10, 2026.) Plaintiffs subsequently sought leave to amend the Complaint, which this Court granted. (Elec. Order, Aug. 31, 2026.) In light of Plaintiffs' request to file an amended complaint, this Court issued a briefing schedule on any renewed motion to dismiss the forthcoming amended complaint. Additional court conferences and summary judgment motion practice at this time would be premature, inefficient, and contrary to the mandate of Rule 1 of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 1 (requiring the parties and the court to "construe[], administer[], and employ[]" the Federal Rules of Civil Procedure "to secure the just, speedy, and inexpensive determination of every action and proceeding").
The action will proceed with briefing and resolution of the motions to dismiss pursuant to the schedule set forth in the Court's August 31, 2026 Order. (Elec. Order, Aug. 31, 2026.)
Ordered by Judge Nusrat J. Choudhury on 9/3/2026. (CQTH)