Kuhl v. U.S. Bank Trust National Association
- Vincent Briccetti
- 7:19-cv-08403-VB-PED
- U.S. District Court · Southern District of New York
- 2
In Kuhl v. U.S. Bank Trust National Association, Judge Briccetti set response and address deadlines without deciding the pending dismissal motions.
Jonathan Kuhl was required to respond to both dismissal motions and update his address. Rushmore Loan Management Services LLC was required to re-serve its motion and file proof of service. MTGLQ Investors, LP and Rushmore remained the defendants whose motions were pending.
What happened
In Kuhl v. U.S. Bank Trust National Association, MTGLQ Investors, LP and Rushmore Loan Management Services LLC had asked the court to dismiss the complaint, and Rushmore had also sought more time to respond.
The order addressed uncertainty about Jonathan Kuhl’s current mailing address and required Rushmore to serve its dismissal motion at two listed addresses. It also directed Kuhl to file one response to both dismissal motions.
Judge Briccetti set December 18, 2019, as the deadline for Kuhl’s response and address update, and January 3, 2020, as the deadline for any replies. The court warned that failing to update the address could lead to dismissal for failure to prosecute or follow court orders; it did not decide the dismissal motions.
The detailed version
- Kuhl v. U.S. Bank Trust National Association · No. 7:19-cv-08403-VB-PED
- Vincent Briccetti
- Nov. 18, 2019
Background
MTGLQ Investors, LP moved to dismiss the complaint on October 15, 2019. Rushmore Loan Management Services LLC requested more time to answer, move, or otherwise respond, and later moved to dismiss the complaint on November 15, 2019. The court had previously granted Rushmore’s request for additional time and directed Jonathan Kuhl not to respond to MTGLQ’s motion until further order.
Address and Service Issues
The docket listed Kuhl’s address as 115 South Quaker Lane, Hyde Park, New York 12538. In an earlier filing, Kuhl had listed 11 Melanie Way, Hyde Park, New York. The order also stated that Rushmore had served its dismissal motion at 115 Melanie Way, Hyde Park, New York 12538.
Court’s Orders
The court ordered Kuhl to file one opposition of no more than 25 pages responding to both pending motions to dismiss by December 18, 2019. Any replies from the defendants were due by January 3, 2020.
The court also ordered Kuhl to update the court in writing about his current address by December 18, 2019. It warned that failure to do so could result in dismissal of the case for failure to prosecute or comply with court orders under Federal Rule of Civil Procedure 41(b).
The court ordered Rushmore to re-serve its motion to dismiss at both 115 South Quaker Lane and 11 Melanie Way, and to file proof of service by November 20, 2019. The Clerk was directed to mail the order to both addresses. The court further certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying filing fees for an appeal. The order did not decide either motion to dismiss.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.