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Case TitleWilliams v. HSBC Bank USA NA et al
DistrictDistrict of Kansas
CityKansas City
Case Number2:2015cv09372
Date Filed2015-11-03
Date Closed2016-06-08
JudgeDistrict Judge Julie A. Robinson
PlaintiffHenry Lee Williams henry_w_66048@yahoo.com
PlaintiffAsulu Fuga (Pro Se Filing and Electronic Noticing)
Case DescriptionHenry Lee Williams, a resident of Leavenworth, KS, filed suit against HSBC Bank requesting the court order HSBC Bank to release all claims it had against the property of which Williams was the trustee. The complaint cites to FOIA and the Privacy Act, but Williams has no apparent claim under either statute.
Complaint issues: FOIA mentioned only tangentially

DefendantHSBC Bank USA NA
DefendantIrene M. Dorner President & CEO
DefendantSalvatore Alfieri CEO, HSBC Bank USA, N.A.
DefendantGregory Zeeman
DefendantGregory Zeeman
TERMINATED: 04/15/2016
DefendantJohn T. McGinnis
DefendantJohn T. McGinnis
TERMINATED: 04/15/2016
DefendantAlexandria Garcia
DefendantTheresa A. Nicchia
DefendantJohn Coulman
DefendantRodney Scott
AppealTenth Circuit 16-3268
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-031COMPLAINT (No Summons Issued) with trial location of Kansas City, filed by Henry Lee Williams.(hw) (Modified on 11/10/2015 to correct filing party name. (mg)) (Entered: 11/03/2015)
2015-11-032CIVIL COVER SHEET re: 1 Complaint by Plaintiff Henry Lee Williams. (hw) (Modified on 11/10/2015 to correct filing party name. (mg)) (Entered: 11/03/2015)
2015-11-03FILING FEE PAID: in the amount of $400.00, receipt number K4631049792. (hw) (Entered: 11/03/2015)
2016-01-273AMENDED COMPLAINT against All Defendants, filed by Henry Lee Williams, Asulu Fuga. (Attachments: # 1 Supplement)(ydm) (Entered: 01/28/2016)
2016-01-274AMENDED CIVIL COVER SHEET re: 3 Amended Complaint by Plaintiffs Asulu Fuga, Henry Lee Williams. (ydm) (Entered: 01/28/2016)
2016-01-28SUMMONS ISSUED as to Salvatore Alfieri, John Coulman, Irene M. Dorner, Alexandria Garcia, John T. McGinnis, Theresa A. Nicchia, Rodney Scott, Gregory Zeeman. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm) (Entered: 01/28/2016)
2016-02-115EXHIBIT(S) IN SUPPORT of 3 Amended Complaint. (Attachments: # 1 Exhibit B, # 2 Exhibit B2, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit 5, # 9 Exhibit H, # 10 Exhibit I)(mm) (Entered: 02/12/2016)
2016-02-186CLERKS ORDER EXTENDING TIME until March 4, 2016 for Defendants Alexandria Garcia, Rodney Scott, Theresa A. Nicchia, HSBC Bank USA NA to answer or otherwise plead. Signed by deputy clerk on 2/18/2016. Mailed to pro se parties Henry Williams and Asulu Fuga by regular mail. (ydm) (Entered: 02/18/2016)
2016-02-227SUMMONS RETURNED EXECUTED -- Certified Mail by Asulu Fuga, Henry Lee Williams upon John Coulman served on 2/2/2016, answer due 2/23/2016. (mm) (Entered: 02/22/2016)
2016-02-228SUMMONS RETURNED EXECUTED -- Certified Mail by Asulu Fuga, Henry Lee Williams upon Theresa Nicchia on 2/8/2016. (mm) (Entered: 02/22/2016)
2016-02-229SUMMONS RETURNED EXECUTED -- Certified Mail by Asulu Fuga, Henry Lee Williams upon Alexandria M. Garcia on 2/1/16. (mm) (Entered: 02/22/2016)
2016-02-2210SUMMONS RETURNED EXECUTED -- Certified Mail by Asulu Fuga, Henry Lee Williams upon Irene M. Dorner served on 2/2/2016, answer due 2/23/2016. (mm) (Entered: 02/22/2016)
2016-02-2211SUMMONS RETURNED EXECUTED -- Certified Mail by Asulu Fuga, Henry Lee Williams upon Salvatore Alfieri served on 2/2/2016, answer due 2/23/2016. (mm) (Entered: 02/22/2016)
2016-02-2212SUMMONS RETURNED UNEXECUTED by Asulu Fuga, Henry Lee Williams as to Gregory Zeeman. (mm) (Entered: 02/22/2016)
2016-02-2213SUMMONS RETURNED UNEXECUTED by Asulu Fuga, Henry Lee Williams as to John T. McGinnis. (mm) (Entered: 02/22/2016)
2016-02-2214SUMMONS RETURNED EXECUTED -- Certified Mail by Asulu Fuga, Henry Lee Williams upon Rodney Scott 2/2/16. (mm) (Entered: 02/22/2016)
2016-03-0315ENTRY OF APPEARANCE by Matthew D. Guletz on behalf of Alexandria Garcia, HSBC Bank USA NA, Theresa A. Nicchia, Rodney Scott. (Guletz, Matthew) (Entered: 03/03/2016)
2016-03-0316MOTION to Dismiss Plaintiff's Complaint, or in the Alternative, for More Definite Statement by Defendants Alexandria Garcia, HSBC Bank USA NA, Theresa A. Nicchia, Rodney Scott. (Guletz, Matthew) (Entered: 03/03/2016)
2016-03-0317MEMORANDUM IN SUPPORT of 16 MOTION to Dismiss Plaintiff's Complaint, or in the Alternative, for More Definite Statement by Defendants Alexandria Garcia, HSBC Bank USA NA, Theresa A. Nicchia, Rodney Scott. (Attachments: # 1 Exhibit 1)(Guletz, Matthew) (Entered: 03/03/2016)
2016-03-0318CORPORATE DISCLOSURE STATEMENT by HSBC Bank USA NA identifying HSBC Bank USA Inc., ultimately wholly-owned by HSBC North America Holdings, Inc. as corporate parent. (Guletz, Matthew) (Entered: 03/03/2016)
2016-03-1119NOTICE OF CHANGE OF ADDRESS by Asulu Fuga, and Henry Lee Williams. (mg) (Entered: 03/14/2016)
2016-03-1620MOTION for Extension of Time to View and Respond to 16 Motion to Dismiss by Plaintiffs Asulu Fuga, Henry Lee Williams. (mg) (Motion Referral Removed on 3/17/2016. (mg)) (Entered: 03/16/2016)
2016-03-1621NOTICE OF CHANGE OF ADDRESS by Asulu Fuga, and Henry Lee Williams. (Attachments: # 1 Copy of Mailing Envelope) (mg) (Entered: 03/17/2016)
2016-03-17MOTION REFERRAL to Magistrate Judge REMOVED as to: 20 MOTION for Extension of Time to View and Respond to 16 Motion to Dismiss. The motion will be resolved by the District Judge.(kg) (Entered: 03/17/2016)
2016-03-23DOCKET ANNOTATION: Certified Mail (7012 3460 0000 8262 8409) mailed to plaintiff Asulu Fuga (PO Box 1042, Bolivar, MO) on 3/23/16. Per our conversion via phone, she has still not gotten a copy of Motion to Dismiss (Docket # 16 ). She has called a couple times requesting this to be mailed to her. (hw) (Entered: 03/23/2016)
2016-03-2422MOTION for Extension of Time to View and Respond to 16 Motion to Dismiss by Plaintiffs Asulu Fuga, Henry Lee Williams. (Attachments: # 1 Copy of Mailing Envelope) (mg) (Motion Referral Removed on 3/25/2016. (mg)) (Entered: 03/25/2016)
2016-03-25MOTION REFERRAL to Magistrate Judge REMOVED as to: 22 MOTION for Extension of Time to File Response as to 16 MOTION to Dismiss Plaintiff's Complaint, or in the Alternative, for More Definite Statement. The motion will be resolved by the District Judge.(ah) (Entered: 03/25/2016)
2016-03-2523NOTICE AND ORDER TO SHOW CAUSE. Show Cause Response due by 4/8/2016. Signed by Magistrate Judge James P. O'Hara on 3/25/2016. (kg) (Entered: 03/25/2016)
2016-03-3024AFFIRMATION IN OPPOSITION/RESPONSE by Plaintiffs Asulu Fuga, Henry Lee Williams regarding 16 MOTION to Dismiss Plaintiff's Complaint. (Attachments: # 1 Exhibit, # 2 Copy of Mailing Envelope) (mg) (Entered: 03/31/2016)
2016-04-0425CERTIFIED MAIL RECEIPT Returned regarding 16 MOTION to Dismiss Plaintiff's Complaint, or in the Alternative, for More Definite Statement addressed to Asulu Fuga. (mg) (Entered: 04/04/2016)
2016-04-0526RESPONSE (Answer) regarding 23 Order to Show Cause by Plaintiffs Asulu Fuga, Henry Lee Williams. (mg) (Entered: 04/05/2016)
2016-04-0827NOTICE and APPLICATION FOR CLERKS ENTRY OF DEFAULT as to Irene M. Dorner by Asulu Fuga, Henry Lee Williams. (mg) (Entered: 04/08/2016)
2016-04-0828NOTICE and APPLICATION FOR CLERKS ENTRY OF DEFAULT as to Salvatore Alfieri by Asulu Fuga, Henry Lee Williams. (mg) (Entered: 04/08/2016)
2016-04-0829NOTICE and APPLICATION FOR CLERKS ENTRY OF DEFAULT as to John Coulman by Asulu Fuga, Henry Lee Williams. (mg) (Entered: 04/08/2016)
2016-04-1230REPLY to Response to Motion by Defendants Alexandria Garcia, HSBC Bank USA NA, Theresa A. Nicchia, Rodney Scott re: 16 MOTION to Dismiss Plaintiff's Complaint, or in the Alternative, for More Definite Statement. (Guletz, Matthew) (Entered: 04/12/2016)
2016-04-1531IT IS THEREFORE ORDERED BY THE COURT that Plaintiffs have sufficiently responded to the Notice and Order to Show Cause. The Clerk shall enter default against Defendants Dorner, Alfieri and Coulman. Defendants Zeeman and McGinnis are dismissed without prejudice. Signed by District Judge Julie A. Robinson on 4/15/16. Mailed to pro se party Henry Lee Williams and Asulu Fuga by regular mail. (mm) (Entered: 04/15/2016)
2016-04-1532ENTRY OF APPEARANCE by Matthew D. Guletz on behalf of Salvatore Alfieri, John Coulman, Irene M. Dorner. (Guletz, Matthew) (Entered: 04/15/2016)
2016-04-1533CLERKS ENTRY OF DEFAULT as to Salvatore Alfieri, John Coulman, Irene M. Dorner. (mm) (Entered: 04/15/2016)
2016-04-2234MOTION to Set Aside 33 Clerks Entry of Default by Defendant HSBC Bank USA NA. (Guletz, Matthew) (Entered: 04/22/2016)
2016-04-2235MEMORANDUM IN SUPPORT of 34 MOTION to Set Aside 33 Clerks Entry of Default by Defendant HSBC Bank USA NA. (Attachments: # 1 Affidavit)(Guletz, Matthew) (Entered: 04/22/2016)
2016-04-2636SURREPLY (Titled: Memorandum and Affirmation to Defendant's Reply Memorandum of Law in Further Support of the Support of Their Motion to Dismiss, or in the Alternative, for More Definite Statement) by Plaintiffs Asulu Fuga, Henry Lee Williams re: 16 MOTION to Dismiss Plaintiff's Complaint, or in the Alternative, for More Definite Statement. (mg) (Entered: 04/27/2016)
2016-04-2737EXHIBITS IN SUPPORT of 36 Surreply (Titled: Memorandum and Affirmation to Defendant's Reply Memorandum of Law in Further Support of the Support of Their Motion to Dismiss, or in the Alternative, for More Definite Statement), by Plaintiffs Asulu Fuga, Henry Lee Williams. (Attachments: Main Document Exhibit A1 Affidavit of Henry L. Williams, # 1 Exhibit A1 - Affidavit of Facts) (mg) (Entered: 04/28/2016)
2016-04-2938MOTION to Strike 36 Surreply, 37 Exhibits in Support by Defendants Alexandria Garcia, HSBC Bank USA NA, Theresa A. Nicchia, Rodney Scott. (Guletz, Matthew) (Motion Referral Removed on 4/29/2016. (mg)) (Entered: 04/29/2016)
2016-04-2939MEMORANDUM IN SUPPORT of 38 MOTION to Strike 36 Surreply, 37 Exhibits in Support of Response/Reply, by Defendants Alexandria Garcia, HSBC Bank USA NA, Theresa A. Nicchia, Rodney Scott(Guletz, Matthew) (Entered: 04/29/2016)
2016-04-29MOTION REFERRAL to Magistrate Judge REMOVED as to: 38 MOTION to Strike 36 Surreply, 37 Exhibits in Support of Response/Reply, . The motion will be resolved by the District Judge.(srj) (Entered: 04/29/2016)
2016-05-0240MEMORANDUM IN OPPOSITION by Plaintiffs Asulu Fuga, Henry Lee Williams re: 34 MOTION to Set Aside 33 Clerks Entry of Default. (Attachments: # 1 Exhibit Oath)(mm) (Entered: 05/02/2016)
2016-05-0441AMENDED EXHIBIT(S) IN SUPPORT (A1) of 37 exhibits in support by Plaintiffs Asulu Fuga, Henry Lee Williams. (mm) (Entered: 05/04/2016)
2016-05-0542CERTIFICATE OF SERVICE of Exhibit D1(3) by Asulu Fuga, Henry Lee Williams. (mm) (Entered: 05/06/2016)
2016-05-1043RESPONSE (Titled: Declaration in Opposition) by Plaintiffs Asulu Fuga, Henry Lee Williams regarding 38 MOTION to Strike 36 Surreply, 37 Exhibits in Support. (mg) (Entered: 05/10/2016)
2016-05-1244REPLY to Response to Motion by Defendant HSBC Bank USA NA re: 34 MOTION to Set Aside 33 Clerks Entry of Default. (Guletz, Matthew) (Entered: 05/12/2016)
2016-05-1945SURREPLY by Plaintiffs Asulu Fuga, Henry Lee Williams re: 34 MOTION to Set Aside 33 Clerks Entry of Default. (mm) (Entered: 05/20/2016)
2016-06-0246MEMORANDUM AND ORDER granting defendant HSBC Bank USA, N.A.'s 34 Motion to Set Aside Clerk's Entry of Default. Signed by District Judge Julie A. Robinson on 6/2/2016. Mailed to pro se parties Henry Lee Williams, and Asulu Fuga by regular mail. (mg) (Entered: 06/02/2016)
2016-06-0247MEMORANDUM AND ORDER granting Defendants' 16 Motion to Dismiss Plaintiffs' Complaint. Defendants' alternative motion for definite statement is moot. Plaintiffs' 20 and 22 Motions for Extension of Time to View and Respond to the motions to dismiss are granted. Defendants' 38 Motion to Strike Sur-reply is denied. Signed by District Judge Julie A. Robinson on 6/2/2016. Mailed to pro se parties Henry Lee Williams, and Asulu Fuga by regular mail. (mg) (Entered: 06/02/2016)
2016-06-0348STATEMENT OF CLAIMS by Plaintiffs Asulu Fuga, Henry Lee Williams. (Attachments: # 1 Affidavit of Fact) (mg) (Entered: 06/06/2016)
2016-06-0849JUDGMENT Pursuant to the Court's 47 Memorandum and Order. Signed by a deputy clerk on 6/7/2016. Mailed to pro se Plaintiffs Asulu Fuga and Henry Lee Williamsby regular mail. (mg) (Entered: 06/08/2016)
2016-06-2150MOTION for Reconsideration re: 47 Memorandum and Order, 49 Judgment by Plaintiffs Asulu Fuga, Henry Lee Williams. (Attachments: # 1 Affidavit, # 2 Expenses, # 3 Affidavit, # 4 Writ, # 5 Judicial Notice)(mm) (Motion Referral Removed on 6/22/2016. (mg)) (Entered: 06/22/2016)
2016-06-2151MEMORANDUM IN SUPPORT of 50 MOTION for Reconsideration re: 47 Memorandum and Order, 49 Judgment by Plaintiffs Asulu Fuga, Henry Lee Williams.(mm) (Entered: 06/22/2016)
2016-06-22MOTION REFERRAL to Magistrate Judge REMOVED as to: 50 MOTION for Reconsideration re: 47 Memorandum and Order, 49 Judgment. The motion will be resolved by the District Judge.(ah) (Entered: 06/22/2016)
2016-06-2352CERTIFICATE OF SERVICE of Notice of Motion and Order by Asulu Fuga, Henry Lee Williams. (Attachments: # 1 Copy of Mailing Envelope) (mg) (Entered: 06/27/2016)
2016-07-0653MEMORANDUM IN OPPOSITION by Defendants Alexandria Garcia, HSBC Bank USA NA, Theresa A. Nicchia, Rodney Scott re: 50 MOTION for Reconsideration re: 47 Memorandum and Order, 49 Judgment. (Guletz, Matthew) (Entered: 07/06/2016)
2016-07-13DOCKET ANNOTATION: Plaintiff Asulu Fuga is now a registered pro se participant who will receive electronic notification, and who has been granted e-filing privileges in this case.(mg) (Entered: 07/13/2016)
2016-07-1554REPLY to Response to Motion by Plaintiffs Asulu Fuga, Henry Lee Williams re: 50 MOTION for Reconsideration re: 47 Memorandum and Order, 49 Judgment. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(mm) (Entered: 07/15/2016)
2016-07-2955MEMORANDUM AND ORDER denying Plaintiffs' 50 Motion for Reconsideration. Signed by District Judge Julie A. Robinson on 7/29/2016. Mailed to pro se plaintiff Henry Lee Williams by regular mail. (mg) (Entered: 07/29/2016)
2016-07-2956DISREGARD ENTRY. DUPLICATE OF DOCUMENT 55. MEMORANDUM AND ORDER denying 50 Motion for Reconsideration. Signed by District Judge Julie A. Robinson on 7/29/16. Mailed to pro se party Henry Lee Williams and Asulu Fuga Williams by regular mail (mm) (Entered: 07/29/2016)
2016-08-2357NOTICE OF APPEAL as to 55 Order on Motion for Reconsideration, 47 Order on Motion to Dismiss, 49 Judgment by Plaintiffs Asulu Fuga, Henry Lee Williams. (kao) (Entered: 08/24/2016)
2016-08-2358MOTION for Leave to Appeal in forma pauperis (NOTE Access to document is restricted pursuant to the Courts privacy policy.) by Plaintiffs Asulu Fuga, Henry Lee Williams. (Attachment: # 1 Financial Affidavit)(kao) (Entered: 08/24/2016)
2016-08-2459PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 57 Notice of Appeal. (Attachment: # 1 Preliminary Record)(kao) (Entered: 08/24/2016)
2016-08-2460APPEAL DOCKETED in 10CCA on 8/23/16 and assigned Appeal No. 16-3268 re 57 Notice of Appeal filed by Asulu Fuga, Henry Lee Williams. (kao) Modified on 8/24/2016 to replace incorrect document originally attached; notice regenerated. (kao) (Entered: 08/24/2016)
2016-09-0661ORDER granting 58 Motion for Leave to Appeal in forma pauperis. Signed by District Judge Julie A. Robinson on 9/6/2016. Mailed to pro se party Henry Lee Williams by regular mail. (mg) (Entered: 09/06/2016)
2016-09-0762RECORD ON APPEAL transmitted to 10CCA electronically (Volumes I-IV) re 57 Notice of Appeal. (Appeal No. 16-3268). (kao) (Entered: 09/07/2016)
2016-10-2063EMERGENCY MOTION TO VACATE FINAL JUDGMENT AND TO VACATE SHERIFF SALE BASED UPON FRAUD ON THE COURT AND NO CONSTITUTIONAL AUTHORITY RULE 60(b3),(b4)and(b6)and(d3) by Plaintiffs Asulu Fuga, Henry Lee Williams (Attachments: # 1 Exhibit Sheet, # 2 Exhibit HB, # 3 Exhibit PET, # 4 Exhibit FL, # 5 Exhibit PP, # 6 Exhibit QWR, # 7 Exhibit AOM-1, # 8 Exhibit AOM-2, # 9 Excerpts of Deposition TN, # 10 Exhibit I, # 11 Exhibit JJ, # 12 Exhibit Invoice, # 13 Exhibit LP, # 14 Exhibit JB, # 15 Envelope)(hw) (Entered: 10/25/2016)
2016-10-3164RESPONSE by Defendants Alexandria Garcia, HSBC Bank USA NA, Theresa A. Nicchia, Rodney Scott re 63 MOTION for Order (Guletz, Matthew) (Entered: 10/31/2016)
2016-11-01MOTION REFERRAL to Magistrate Judge REMOVED as to: 63 MOTION for Order. The motion will be resolved by the District Judge.(ah) (Entered: 11/01/2016)
2016-11-1465CERTIFICATE OF SERVICE by Asulu Fuga, Henry Lee Williams re 63 MOTION to Vacate. (Attachment: # 1 Envelope)(kao) (Entered: 11/14/2016)
2016-11-2966REPLY TO RESPONSE TO MOTION by Plaintiffs Asulu Fuga, Henry Lee Williams re: 63 MOTION for Order (ydm) (Entered: 11/30/2016)
2016-12-0667ORDER dismissed for lack of jurisdiction 63 Emergency Motion to vacate final judgment and to vacate sheriff sale based upon fraud on the court and fraud upon the court and no constitutional authority Rule 60. Signed by District Judge Julie A. Robinson on 12/6/2016. (ydm) Mailed to Henry Lee Williams and Asulu Fuga by regular and certified mail; certified tracking # 70150920000170458546 and 7015092000170458539 (Entered: 12/06/2016)
2016-12-1968CERTIFIED MAIL RECEIPT returned re 67 Order on Motion for Order, addressed to Henry Lee Williams (ydm) (Entered: 12/20/2016)
2016-12-2269CERTIFIED MAIL RECEIPT returned re 67 Order on Motion for Order, addressed to Asulu Fuga (ydm) (Entered: 12/22/2016)
2017-04-0370APPEAL MANDATE from 10CCA: AFFIRMING decision of the District Court. (Appeal No. 16-3268) (Attachment: # 1 Transmittal Letter)(kao) (Entered: 04/03/2017)
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