Ngambo v. Bank of America, No. 7:2020cv02221 - Document 17 (S.D.N.Y. 2021)

Court Description: ORDER denying without prejudice to renewal by formal motion 13 Letter Motion to Compel; denying without prejudice to renewal by formal motion 14 Motion for Summary Judgment. A review of the docket in the above-captioned matter reveals that p ro se Plaintiff Jules Ngambo has filed two motions without previously seeking leave from this Court to file such motions. (See ECF Nos. 13 & 14.) The first, a motion to compel Defendant Bank of America to comply with discovery requests, should be directed to Magistrate Judge Judith C. McCarthy after this Court issues an Order of Reference referring this matter to Judge McCarthy for general pretrial purposes. Accordingly, Plaintiff's motion to compel is DENIED without prejudice to rene wing that motion after this Court issues its Order of Reference. The second motion, a motion for summary judgment, is premature at this stage as discovery has not yet been completed. Accordingly, Plaintiff's motion for summary judgment is DEN IED without prejudice to Plaintiff renewing this motion after discovery is completed and only with leave of this Court. The Clerk of the Court is kindly directed to terminate the motions at ECF Nos. 13 and 14. The Clerk of the Court is further d irected to mail a copy of this Endorsement to Plaintiff at his address listed on ECF and to show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/15/2021) (rj) Transmission to Docket Assistant Clerk for processing.

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Ngambo v. Bank of America Doc. 17 Memorandum Endorsement Ngambo v. Bank of America, 20-civ-2221-NSR 6/15/2021 A review of the docket in the above-captioned matter reveals that pro se Plaintiff Jules Ngambo has filed two motions without previously seeking leave from this Court to file such motions. (See ECF Nos. 13 & 14.) The first, a motion to compel Defendant Bank of America to comply with discovery requests, should be directed to Magistrate Judge Judith C. McCarthy after this Court issues an Order of Reference referring this matter to Judge McCarthy for general pretrial purposes. Accordingly, Plaintiff’s motion to compel is DENIED without prejudice to renewing that motion after this Court issues its Order of Reference. The second motion, a motion for summary judgment, is premature at this stage as discovery has not yet been completed. Accordingly, Plaintiff’s motion for summary judgment is DENIED without prejudice to Plaintiff renewing this motion after discovery is completed and only with leave of this Court. The Clerk of the Court is kindly directed to terminate the motions at ECF Nos. 13 and 14. The Clerk of the Court is further directed to mail a copy of this Endorsement to Plaintiff at his address listed on ECF and to show proof of service on the docket. Dated: June 15, 2021 White Plains, New York Dockets.Justia.com EXHIBIT A EXHIBIT B EXHIBIT C UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JULES NGAMBO, Plaintiff, v. BANK OF AMERICA, Defendant. ) ) ) ) ) ) ) ) Case No.: 7:20-cv-02221-NSR DEFENDANT BANK OF AMERICA, N.A.’S RESPONSE TO PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSION TO DEFENDANT COMES NOW Defendant BANK OF AMERICA, N.A., (“BANA”), incorrectly named in this action as “Bank of America,” by and through its attorneys of record and pursuant to Rule 36 of the Federal Rules of Civil Procedure and the Local Civil Rules of the United States District Court, Southern District of New York, and hereby responds to Plaintiff’s First Set of Requests for Admission to Defendant as follows. GENERAL OBJECTIONS BANA objects to each separate request for admission propounded by Plaintiff on the grounds set forth below. Each of these objections is incorporated into BANA’s responses to each of the requests for admission regardless of whether any particular objections are made with respect to a specific request for admission. 1. BANA objects to each request for admission to the extent it encompasses matters that are outside the intended scope of Fed. R. Civ. P. 36, which serves to “facilitate proof with respect to issues that cannot be eliminated for the case” and “to narrow the issues by eliminating those that can be.” Fed. R. Civ. P. 36 Adv. Comm. Notes (1970). 2. BANA objects to each request for admission to the extent it seeks a legal conclusion. See, e.g., Williams v. Krieger, 61 F.R.D. 142, 144 (S.D. N.Y. 1973) (“Rule 36, by its express terms, embraces only requests for admissions of fact or the application of law to fact.”). 3. BANA objects to each request for admission to the extent any request focuses on resolving disputed facts regarding which investigation and discovery are incomplete. See 8B Charles Wright, Arthur R. Miller & Richard L. Marcus, Federal Practice and Procedure § 2252 3d Ed. (2010). 4. BANA responds to each discovery request based on BANA’s understanding of the request. If Plaintiff subsequently asserts any interpretation of any request that differs from BANA’s understanding, BANA reserves the right to modify, alter, amend, or supplement its response. RESPONSES TO REQUESTS FOR ADMISSION 1. Admit or deny that, in reporting credit information regarding the Plaintiff, Jules Ngambo or facsimile, you relied on information that you received from a third party. ANSWER: conclusion. BANA objects to this Request on the grounds that it calls for a legal Without waiving this objection, BANA denies Request for Admission No. 1. 2. Admit or deny that in alleging that the Plaintiff owed a debt you failed to provide the Plaintiff, Jules Ngambo, with notice and opportunity to correct information. ANSWER: BANA objects to this Request on the grounds that it calls for a legal conclusion. Without waiving this objection, BANA denies Request for Admission No. 2. 3. Admit or deny that your intention in completing a report was to inform third parties of my credit worthiness in a manner that could be damaging to me. ANSWER: BANA objects to this Request on the grounds that it calls for a legal conclusion. Without waiving this objection, BANA denies Request for Admission No. 3. 2 142685584_1 4. Admit or deny that the information that you put in any kind of a file maintained regarding Jules Ngambo, was misleading regarding any communication or procedure relative to 15 U.S.C. 1673, 15 U.S.C. 1681, 15 U.S.C. 1692. ANSWER: conclusion. BANA objects to this Request on the grounds that it calls for a legal Without waiving this objection, BANA denies Request for Admission No. 4. 5. Admit or deny that you failed to do a procedurally proper investigation, consistent with federal consumer protection law. ANSWER: conclusion. BANA objects to this Request on the grounds that it calls for a legal Without waiving this objection, BANA denies Request for Admission No. 5. 6. Admit or deny that you failed to respond to the Plaintiff's dispute. ANSWER: conclusion. BANA objects to this Request on the grounds that it calls for a legal Without waiving this objection, BANA denies Request for Admission No. 6. Dated: New York, New York April 9, 2021 /s/ Shan Massand Shan P. Massand MCGUIREWOODS LLP 1251 Avenue of the Americas, 20th Floor New York, New York 10020-1104 Phone: (212) 548-2100 Fax: (212) 548-2150 smassand@mcguirewoods.com Attorneys for Defendant Bank of America, N.A. 3 142685584_1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I caused a true and correct copy of the foregoing to be served electronically on the following counsel of record on April 9, 2021: Jules Ngambo 55 Ramapo Road, Unit 224 Garnerville, New York 10293 julesen@gmail.com /s/ Shan Massand Shan P. Massand MCGUIREWOODS LLP 4 142685584_1

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