Underwood v. Bank Of America Corporation
- John Cronan
- 1:25-cv-05007
- U.S. District Court · Southern District of New York
- 2
In Underwood v. Bank Of America Corporation, Judge Netburn ordered service and postponed the defendant’s response to an emergency motion.
Erik M. Underwood must serve the filings and submit proof of service. Bank of America Corporation must wait for a further court order before responding to the emergency motion.
What happened
In Underwood v. Bank Of America Corporation, Erik M. Underwood filed an emergency complaint and a related emergency motion seeking several forms of relief, including declarations, a constructive trust, an injunction, investor protection, and damages.
The court noted earlier judgments involving substantially similar claims in another federal district and appeals from those judgments. It said it was not clear whether Underwood was entitled to the requested emergency relief or could pursue the claims again in this court.
Judge Sarah Netburn ordered Underwood to serve Bank of America Corporation with the complaint, emergency motion, and order, and to file proof of service. The defendant does not have to respond to the emergency motion until the court orders otherwise; the court will schedule a conference after the defendant appears.
The detailed version
- Underwood v. Bank Of America Corporation · No. 1:25-cv-05007
- John Cronan
- July 8, 2025
Background
On June 13, 2025, Erik M. Underwood filed an emergency verified complaint against Bank of America Corporation. The complaint sought declaratory judgment, a constructive trust, injunctive relief, investor protection, and damages. The same day, Underwood filed an ex parte emergency motion seeking declaratory judgment, a constructive trust, injunctive relief, and investor protection. An ex parte motion is submitted without requiring the opposing party to respond first.
The court referred to judgments issued in prior related proceedings involving substantially similar claims, including decisions affirmed in part and later affirmed on appeal. Based on those proceedings, the court stated that it was not apparent whether Underwood was entitled to the emergency relief requested or whether he could relitigate the claims in this court. The order did not decide those questions.
Order
The court ordered Underwood to serve Bank of America Corporation with the emergency complaint, the ex parte emergency motion, and the order. Underwood must file proof of service on the docket. After Bank of America Corporation appears, the court will schedule a conference. The defendant is not required to respond to the ex parte emergency motion until the court issues a further order.
Disposition and classification
This was a procedural order concerning service and the timing of the defendant’s response. The court did not grant or deny the requested emergency relief and did not decide whether the claims could be pursued again in this court. The opinion was signed by United States Magistrate Judge Sarah Netburn.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.