Mongiello v. Indymac Bank, F.S.B. et al

Filing 17

MEMO ENDORSEMENT on 16 denying 15 Motion for Default Judgment. ENDORSEMENT: Plaintiff's Motion for Default Judgment, (Dkt. No. 15) is denied. First, the Motion fails to comply with the Court's Individual Rules of Practice as it is no t accompanied by an Order To Show Cause. (See Individual Rules of Practice of the Honorable Kenneth M. Karas, IV; see generally Dkt.) Second, the deadline to answer established by the U.S. Marshals' service of process controls andhas not yet expired. (See Dkt. No. 11.) This denial is without prejudice to renewal if Defendants fail to appear by July 19, 2024. (Signed by Judge Kenneth M. Karas on 6/5/2024) (rro)

CHRISTOPHER M. MONGIELLO
889 James Street, Pelham Manor NY, 10803
Tel: [phone]
Email: [e-mail]
Plaintiff – Appellant
District Judge
Hon. Kenneth M. Karas
The Hon. Charles L. Brieant Jr.
Federal Building and United States Courthouse
300 Quarropas St.
White Plains, NY 10601-4150
Deputy Phone: [phone]
Courtroom: 521
Chambers Email:
Chambers Phone: [phone]
Chambers Fax:
RE: MONGIELLO v. SHELLPOINT APPEAL 7:24-cv-02548-KMK
ADVERSARY COURT Case Number 23-22732
Related Federal Court Case No. 7:24 civ 02290
To the Honorable Judge Kenneth M. Karas
STATUS REPORT
Your Honor
I wanted to keep the court apprised of my Related Federal Court
Case No. 7:24 civ 02290 pending against the SAME two appellee
defendants for the same grounds. Attached is my clerk’s entry of
default and I have made application for default judgment. In order
to preserve the court resources, I am requesting that this appeal be
held in abeyance pending the entry of the final judgment in the
attached case. If the court enters the final judgment as we are
asking in this appeal, then Appellant would request that this court
dismiss the appeal as moot. Thank you.
Thank you for your prompt attention to this urgent matter.

RESPECTFULLY SUBMITTED.
Dated June 3rd, 2024
_____________________________
CHRISTOPHER M. MONGIELLO
889 JAMES STREET
PELHAM MANOR, NY 10803
TEL: [phone]
EMAIL: [e-mail]
Cc: Shellpoint Mortgage Servicing, LLC
17000 Katy Freeway
Suite 399
Houston, TX 77094

Plaintiff's Motion for Default Judgment, (Dkt. No. 15) is denied.
First, the Motion fails to comply with the Court's Individual Rules of
Practice as it is not accompanied by an Order To Show Cause.
(See Individual Rules of Practice of the Honorable Kenneth M.
Karas, IV; see generally Dkt.) Second, the deadline to answer
established by the U.S. Marshals' service of process controls and
has not yet expired. (See Dkt. No. 11.) This denial is without
prejudice to renewal if Defendants fail to appear by July 19, 2024.
Dated: June 5, 2024
SO ORDERED

CERTIFICATE OF COMPLIANCE WITH F.R.A.P. 32
Pursuant to Rule 32(a)(7)(C) of the Federal Rules of Appellate
Procedure, the foregoing letter is in 14-Point Bookman Old Style
proportional font and contains 312 words pursuant to Fed. R. App.
P. 32(a)(7)(B)(iii), and thus is in compliance with the type-volume
limitation set forth in Rule 32(a)(7)(B) of the Federal Rules of
Appellate Procedure
RESPECTFULLY SUBMITTED.
Dated June 3rd, 2024
_____________________________
CHRISTOPHER M. MONGIELLO
889 JAMES STREET
PELHAM MANOR, NY 10803
TEL: [phone]
EMAIL: [e-mail]