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Smith Law Group LLP
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Appeal | Filed: March 21, 2024 | Entered: March 21, 2024 Rosenberg et al v. Rosenberg
Bankruptcy Appeal (801) | New York Southern
USCA Mandate
MANDATE of USCA (Certified Copy) as to 12 Notice of Appeal, filed by Educational Credit Management Corporation. USCA Case Number 23-7503. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 3/21/2024..(nd)
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Order | Filed: March 06, 2024 | Entered: March 06, 2024 Rosenberg v. Deutsch Bank Trust Corporation et al
Contract: Other | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 10 Status Report filed by Kevin Jared Rosenberg. ENDORSEMENT: Despite this case having been initiated in September 2022, it appears Defendants were never served with a Summons and Complaint pursuant to F.R.C.P. Rule 4, and have consequently never appeared in this action. Furthermore, while the Court has no reason to disbelieve Plaintiff's assertion that an ex parte telephone conference was held on December 15, 2022, the Docket does not reflect such a conference occurring nor what was communicated during any such conference. The bottom line is that this case has not meaningfully progressed since its initiation despite ample opportunity to, and the Court is therefore inclined to dismiss this action without prejudice to refiling pursuant to F.R.C.P. 41(b). Counsel would be free, if he can resolve the issues identified in his letter, to file a new complaint reflecting current circumstances and have that matter proceed in the normal course. The Application is therefore DENIED, and the Plaintiff, should it object to the Court's proposed dismissal of this action without prejudice, is hereby ORDERED to submit a letter by no later than Tuesday, March 12, 2024 detailing the legal grounds for its objection. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/6/2024) (mml)
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Misc | Filed: March 03, 2024 | Entered: March 03, 2024 Rosenberg v. Deutsch Bank Trust Corporation et al
Contract: Other | New York Southern
Status Report
STATUS REPORT. in response to notice of reassignment and to adjourn the next case status report (or case conference) to late June 2024 Document filed by Kevin Jared Rosenberg..(Wolk, Michael)
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