Weisberg et al v. Credit Control LLC
| Weisberg, Dayna Weisberg, Stella Weisberg and Steven Weisberg |
| Credit Control LLC |
| 1:2015cv01157 |
| March 5, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol Bagley Amon |
| Robert M Levy |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| Filing 24 CLERK'S JUDGMENT directing thatthe action against Defendant Credit Control, LLC is hereby dismissed with prejudice and on the merits, without costs, or disbursements, or attorneys fees to any party. Ordered by Janet Hamilton, Deputy Clerk of Court on 2/22/2016. (Fernandez, Erica) |
Filing 23
STIPULATION AND ORDER re #22 : IT IS HEREBY STIPULATED AND AGREED by and between the Plaintiffs and their attorneys, along with Defendant and its attorney that the above-entitled action against this Defendant shall be and hereby is dismissed with prejudice and on the merits, without costs, or disbursements, or attorneys' fees to any party and that a judgment of dismissal with prejudice may be entered in the above-entitled action pursuant hereto. Ordered by Chief Judge Carol Bagley Amon on 2/17/2016. (Fernandez, Erica)
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| Filing 22 STIPULATION of Dismissal by Dayna Weisberg, Stella Weisberg, Steven Weisberg (Usher, Mikhail) |
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ORDER: Plaintiffs' counsel is directed to submit a stipulation of dismissal with prejudice signed by all parties by February 18, 2016. Ordered by Magistrate Judge Robert M. Levy on 2/11/2016. (Marino, Janine)
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| Filing 21 NOTICE of Voluntary Dismissal by Dayna Weisberg, Stella Weisberg, Steven Weisberg (Attachments: #1 Certificate of Service) (Usher, Mikhail) |
| Filing 20 Letter by Dayna Weisberg, Stella Weisberg, Steven Weisberg (Attachments: #1 Affidavit Affidavit of Service) (Usher, Mikhail) |
| Minute Entry for pre-motion conference held before Chief Judge Carol Bagley Amon on December 3, 2015. Appearances: For plaintiffs - Mikhail Usher. For defendant - Matt Johnson. Defendant's request to stay discovery is denied. The briefing schedule for defendant's motion for partial judgment on the pleadings is as follows: defendant's motion is due January 8, 2016; plaintiffs' opposition is due February 5, 2016; and defendant's reply, if any, is due February 19, 2016. Oral argument on this motion will be held on March 16, 2016, at 2:00 pm in Courtroom 10D South before Chief Judge Carol Bagley Amon. (Court Reporter Gene Rudolph.) (Day, Allison) |
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SCHEDULING ORDER re #19 Letter Motion for Pre-Motion Conference. Pre-motion conference on defendant's motion for partial judgment on the pleadings will be held on December 3, 2015, at 3:30 pm in Courtroom 10D South before Chief Judge Carol Bagley Amon. (Day, Allison)
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| Filing 19 Letter MOTION for pre motion conference re #1 Complaint, seeking leave to move for partial judgment on the pleadings by Credit Control LLC. (Johnson, Matthew) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Mikhail Usher, Matthew Johnson. (1) Following argument, plaintiffs will not pursue the motion for a default judgment. (2) Written discovery demands to be made by 10/31/15. Discovery deadline 2/29/16. Next conference 2/29/16 at 11:00 (tel).Motion Hearing held on 9/25/2015 re #11 First MOTION for Default Judgment by Plaintiffs filed by Dayna Weisberg, Stella Weisberg, Steven Weisberg, #12 First MOTION for Damages MOTION for Default Judgment filed by Dayna Weisberg, Stella Weisberg, Steven Weisberg (Levy, Robert) |
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ORDER: A telephone conference has been scheduled for September 25, 2015 at 11:00 a.m., before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Plaintiffs' counsel is directed to initiate the conference call and confirm with defendant's counsel that all necessary participants are award of the date & time of scheduled conference. Ordered by Magistrate Judge Robert M. Levy on 9/22/2015. (Marino, Janine)
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| Filing 18 MEMORANDUM in Opposition re #11 First MOTION for Default Judgment by Plaintiffs filed by Credit Control LLC. (Attachments: #1 Exhibit A) (Johnson, Matthew) |
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ORDER RE #17 Letter Requesting Clarification of Deadline. To clarify my scheduling order of July 27, 2015 supersedes my previous scheduling order: Defendant's opposition is due 9/11/15. Ordered by Magistrate Judge Robert M. Levy on 7/31/2015. (Marino, Janine)
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| Filing 17 Letter requesting clarification of deadline by Credit Control LLC (Johnson, Matthew) |
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Filing 16
ORDER: By order dated July 17, 2015, the Hon. Carol Bagley Amon, United States District Judge, referred plaintiffs' motion for a default judgment to me for a report and recommendation. Plaintiffs' motion papers appear complete. If plaintiffs wish to supplement their submission with additional documentation, they may do so by August 14, 2015. Defendants may file and serve any opposition on or before September 11, 2015. Requests for extensions must be made in writing and received via Electronic Case Filing at least forty-eight (48) hours in advance of the deadlines. Plaintiffs' counsel is directed to send a copy of this order, via first class mail, to defendant's last known address or address used for service of process within three days of receipt, and to file a certificate of service by mail. Ordered by Magistrate Judge Robert M. Levy on 7/27/2015. (Marino, Janine)
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| Filing 15 ANSWER to #1 Complaint, by Credit Control LLC. (Johnson, Matthew) |
| Filing 14 Corporate Disclosure Statement by Credit Control LLC (Johnson, Matthew) |
| Filing 13 NOTICE of Appearance by Matthew Brady Johnson on behalf of Credit Control LLC (aty to be noticed) (Johnson, Matthew) |
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MOTION REFERRED: RE #11 First MOTION for Default Judgment & #12 First MOTION for Damages MOTION for Default Judgment are hereby referred to Magistrate Judge Levy for report and recommendation. So Ordered by Chief Judge Carol Bagley Amon on 7/17/2015. (copy mailed to defendant Credit Control LLC, 5757 Phantom Drive #330, Hazelwood, MO 63042) (MacDougall, Ian)
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| Filing 12 First MOTION for Damages , MOTION for Default Judgment ( Responses due by 7/17/2015) by Dayna Weisberg, Stella Weisberg, Steven Weisberg. (Usher, Mikhail) |
| Filing 11 First MOTION for Default Judgment by Plaintiffs by Dayna Weisberg, Stella Weisberg, Steven Weisberg. Responses due by 7/17/2015 (Attachments: #1 Proposed Judgment, #2 Declaration Declaration of Attorney, #3 Affidavit Dayna Weisberg, #4 Affidavit Stella Weisberg, #5 Affidavit Steven Weisberg, #6 Memorandum in Support, #7 Exhibit Exhibit 1 Complaint, #8 Exhibit Exhibit 2 Affidavit of Service of Complaint, #9 Exhibit Exhibit 3 Invoice of Attorney Hours) (Usher, Mikhail) |
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ORDER Plaintiffs shall file their motion for a default judgment on or before 7/17/15. Defendant shall file its opposition on or before 8/7/15. Plaintiffs' reply, if any, shall be filed by 8/18/15. Plaintiffs shall serve a copy of this Order on defendant and file a proof of service. Ordered by Magistrate Judge Robert M. Levy on 6/18/2015. (Levy, Robert)
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| Filing 10 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Credit Control LLC has failed to appear or otherwise defend this action, the default of Defendant Credit Control LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet) |
| Filing 9 Request for Certificate of Default by Dayna Weisberg, Stella Weisberg, Steven Weisberg (Usher, Mikhail) |
| Filing 8 Request for Certificate of Default by Dayna Weisberg, Stella Weisberg, Steven Weisberg (Usher, Mikhail) |
| Filing 7 Request for Certificate of Default by Dayna Weisberg, Stella Weisberg, Steven Weisberg (Attachments: #1 Proposed Order, #2 Proposed Order, #3 Proposed Order, #4 Affidavit in Support, #5 Certificate of Service) (Usher, Mikhail) |
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Filing 6
SCHEDULING ORDER: An initial conference has been scheduled for July 23, 2015, at 11:30 a.m., before the Honorable Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiffs' counsel is directed to confirm with defendant's counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 4/23/2015. (Marino, Janine)
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| Filing 5 SUMMONS Returned Executed by Dayna Weisberg, Steven Weisberg, Stella Weisberg. Credit Control LLC served on 3/26/2015, answer due 4/16/2015. (Usher, Mikhail) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case assigned to Chief Judge Carol Bagley Amon and Magistrate Judge Robert M. Levy. (Bowens, Priscilla) |
| Filing 1 COMPLAINT YES against All Plaintiffs filing fee $ 400, receipt number 0207-7568987, filed by DAYNA WEISBERG, STEVEN WEISBERG, STELLA WEISBERG. (Usher, Mikhail) (Main Document 1 replaced on 3/10/2015) (Bowens, Priscilla). (Additional attachment(s) added on 3/10/2015: #1 Civil Cover Sheet) (Bowens, Priscilla). (Additional attachment(s) added on 3/10/2015: #2 Proposed Summons) (Bowens, Priscilla). |
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