Viveiros v. Resurgent Capital Services, L.P. et al
Plaintiff: Justin Viveiros
Defendant: Resurgent Capital Services, L.P. and LVNV Funding, LLC
Case Number: 1:2021cv11156
Filed: July 15, 2021
Court: US District Court for the District of Massachusetts
Presiding Judge: F Dennis Saylor
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 1, 2021 Filing 27 Chief Judge F. Dennis Saylor, IV: ORDER entered. 60-DAY SETTLEMENT ORDER OF DISMISSAL. (McManus, Caetlin)
December 1, 2021 Filing 26 NOTICE of Settlement by Justin Viveiros (Babad, Eliyahu)
November 23, 2021 Filing 25 NOTICE of Appearance by Eliyahu Babad on behalf of Justin Viveiros (Babad, Eliyahu)
November 9, 2021 Filing 24 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #23 Motion for Leave to Appear Pro Hac Vice Added Eliyahu Babad. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (McManus, Caetlin)
November 9, 2021 Filing 23 MOTION for Leave to Appear Pro Hac Vice for admission of Eliyahu Babad Filing fee: $ 100, receipt number AMADC-9048428 by Justin Viveiros. (Attachments: #1 Affidavit)(Bernstein, Scott)
November 8, 2021 Filing 22 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held by telephone on 11/8/2021. Case called; Court granted #18 Proceedings Pending Resolution of Defendants' Motion to Compel Arbitration. Plaintiff to file opposition to Motion to Compel by 12/8/21. Defendants reply due 12/17/21. NOTICE OF HEARING: Motion Hearing set for 12/22/2021 02:00 PM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's generalorders and public notices available on #www.mad.uscourts.govor contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of courtissued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Scott H. Bernstein for the plaintiff. Brian J. Wall for the defendants.) (McKillop, Matthew)
November 4, 2021 Filing 21 NOTICE of Appearance by Brian J. Wall on behalf of LVNV Funding, LLC, Resurgent Capital Services, L.P. (Wall, Brian)
November 3, 2021 Filing 20 CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (Messenger, James)
November 3, 2021 Filing 19 MEMORANDUM in Support re #18 MOTION to Stay Proceedings Pending Resolution of Defendants' Motion to Compel Arbitration filed by LVNV Funding, LLC, Resurgent Capital Services, L.P.. (Messenger, James)
November 3, 2021 Filing 18 MOTION to Stay Proceedings Pending Resolution of Defendants' Motion to Compel Arbitration by LVNV Funding, LLC, Resurgent Capital Services, L.P.. (Attachments: #1 Text of Proposed Order)(Messenger, James)
November 3, 2021 Filing 17 MEMORANDUM in Support re #16 MOTION to Compel Arbitration filed by LVNV Funding, LLC, Resurgent Capital Services, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Messenger, James)
November 3, 2021 Filing 16 MOTION to Compel Arbitration by LVNV Funding, LLC, Resurgent Capital Services, L.P.. (Attachments: #1 Text of Proposed Order)(Messenger, James)
November 1, 2021 Filing 15 JOINT STATEMENT re scheduling conference . (Attachments: #1 Exhibit A, #2 Exhibit B)(Messenger, James)
October 5, 2021 Filing 14 NOTICE of Scheduling Conference: Scheduling Conference set for 11/8/2021 10:00 AM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. (Attachments: #1 Template for Scheduling Order)This hearing shall be conducted remotely, by telephone only. Counsel of record will receive dial-in instructions at the email registered in CM/ECF. Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: #https://https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court.(McKillop, Matthew)
October 1, 2021 Filing 13 CORPORATE DISCLOSURE STATEMENT by Resurgent Capital Services, L.P.. (Messenger, James)
October 1, 2021 Filing 12 CORPORATE DISCLOSURE STATEMENT by LVNV Funding, LLC. (Messenger, James)
October 1, 2021 Filing 11 ANSWER to Complaint by Resurgent Capital Services, L.P..(Messenger, James)
October 1, 2021 Filing 10 ANSWER to Complaint by LVNV Funding, LLC.(Messenger, James)
September 10, 2021 Filing 9 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #8 Assented to MOTION for Extension of Time to October 1, 2021 to To File Answer, Counterclaim or Other Responsive Pleading (McKillop, Matthew)
September 10, 2021 Filing 8 Assented to MOTION for Extension of Time to October 1, 2021 to To File Answer, Counterclaim or Other Responsive Pleading by LVNV Funding, LLC, Resurgent Capital Services, L.P..(Messenger, James)
August 10, 2021 Filing 7 AFFIDAVIT OF SERVICE Executed by Justin Viveiros. LVNV Funding, LLC served on 7/28/2021, answer due 8/18/2021. Acknowledgement filed by Justin Viveiros. (Bernstein, Scott)
August 10, 2021 Filing 6 AFFIDAVIT OF SERVICE Executed by Justin Viveiros. Resurgent Capital Services, L.P. served on 7/28/2021, answer due 8/18/2021. Acknowledgement filed by Justin Viveiros. (Bernstein, Scott)
August 10, 2021 Filing 5 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #4 Motion for Extension of Time to September 17, 2021 to File Answer, Counterclaim or Other Responsive Pleading (McKillop, Matthew)
August 5, 2021 Filing 4 Assented to MOTION for Extension of Time to September 17, 2021 to File Answer, Counterclaim or Other Responsive Pleading by LVNV Funding, LLC, Resurgent Capital Services, L.P..(Messenger, James)
July 15, 2021 Filing 3 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Kelly, Danielle)
July 15, 2021 Filing 2 ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Danieli, Chris)
July 15, 2021 Filing 1 COMPLAINT /Class Action Complaint against All Defendants Filing fee: $ 402, receipt number 0101-8859458 (Fee Status: Filing Fee paid), filed by Justin Viveiros. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Category Sheet)(Bernstein, Scott) Modified on 7/15/2021: Corrected docket text (Kelly, Danielle).

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Plaintiff: Justin Viveiros
Represented By: Scott H. Bernstein
Represented By: Eliyahu Babad
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Defendant: Resurgent Capital Services, L.P.
Represented By: James L. Messenger
Represented By: Brian J. Wall
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Defendant: LVNV Funding, LLC
Represented By: James L. Messenger
Represented By: Brian J. Wall
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