Order | Filed: September 04, 2026
| Entered: September 04, 2026
Sealy et al v. Cenlar FSB et al
Consumer Credit | New York Eastern
Order on Motion to Show Cause
ORDER. The Court has received Plaintiffs' request for an order to show cause, which is Plaintiffs' third request for emergency relief in this case. (ECF No. 71 ; see also ECF Nos. 29 , 38 ; Min. Entry, July 16, 2026; Min. Entry, Aug. 10, 2026.) Plaintiffs' request is denied in light of the Court's August 31, 2026 Order granting Plaintiffs leave to amend and entering a briefing schedule on the forthcoming motions to dismiss. (Elec. Order, Aug. 31, 2026.)
Plaintiffs seek an order to compel Cenlar's compliance with this Court's July 16, 2026 Order requiring Cenlar to provide, among other documents, all documents provided in response to Plaintiffs' January 9, 2026 and March 1, 2026 inquiries and proof of such mailing. (Min. Entry, July 18, 2026.) For the reasons discussed below, Cenlar's productions have substantially complied with the Court's Order. (See ECF Nos. 36 , 64 .) On July 23, 2026, Cenlar submitted, among other documents:
(1) a December 11, 2025 response to Plaintiffs, acknowledging receipt of Plaintiffs' request and attaching a copy of a current Loan Statement and the Note and Mortgage;
(2) a January 27, 2026 letter to Plaintiffs acknowledging receipt of Plaintiffs' subsequent request;
(3) a January 29, 2026 letter to Plaintiffs substantially reiterating the contents of the December 11, 2026 letter; and
(4) March 25 and March 27, 2026 letters indicating that Cenlar has responded to Plaintiffs' requests and attaching a transaction history of the mortgage.
On August 19, 2026, Cenlar filed the sworn declaration of Genevieve Gross, Vice President of Document Execution at Cenlar, who attested that her review of Cenlar's business records demonstrated that the above-referenced documents were transmitted to Venture Solutions, Cenlar's third-party vendor, for "printing and mailing" in accordance with Cenlar's ordinary business practices. (ECF No. 64 , paras 5-7.)
Furthermore, Cenlar's submissions described in #3 and 4 above were attached to Plaintiffs' Complaint, which indicates that Plaintiffs did receive those specific mailings before filing this litigation. (See ECF No. 1 -4.) Moreover, Cenlar's submission described in #1 is substantially similar to Cenlar's submission described in #3 above. (See id.)
Plaintiffs' request for an order to show cause seeks relief related to their RESPA, breach of contract, and fraud claims, all of which are the subject of the forthcoming amended complaint and anticipated motions to dismiss.
Ordered by Judge Nusrat J. Choudhury on 9/4/2026. (CQTH)