GAFFNEY v. SELECT PORTFOLIO SERVICING, INC. et al
Plaintiff: THERESA GAFFNEY
Defendant: SELECT PORTFOLIO SERVICING, INC. and JOHN DOES I-X
Case Number: 2:2018cv12233
Filed: July 31, 2018
Court: US District Court for the District of New Jersey
Presiding Judge: Michael A Hammer
Referring Judge: Brian R Martinotti
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 February 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2022 Opinion or Order Filing 59 ORDER granting #54 Motion for Final Approval of the Class Action Settlement Agreement; The action is DISMISSED with prejudice. Signed by Judge Brian R. Martinotti on 2/14/2022. (ams, )
February 14, 2022 ***Civil Case Terminated. (ams, )
February 11, 2022 Filing 58 Proposed Order by THERESA GAFFNEY re #54 MOTION to Certify Class for Final Approval. (MARCUS, ARI)
February 10, 2022 Filing 57 Minute Entry for proceedings held before Judge Brian R. Martinotti: FAIRNESS HEARING held on 2/10/2022. OTBS (Court Reporter, Tammera Witte (732-948-6168)) (lr, )
February 3, 2022 Filing 56 NOTICE of Appearance by JORDAN B. GOLDBERG on behalf of SELECT PORTFOLIO SERVICING, INC. (GOLDBERG, JORDAN)
February 2, 2022 Set Deadlines as to #54 MOTION to Certify Class for Final Approval, #55 MOTION for Attorney Fees . Motion set for 3/7/2022 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ams, )
February 1, 2022 Filing 55 MOTION for Attorney Fees by THERESA GAFFNEY. (Attachments: #1 Brief, #2 Declaration of Ari Marcus in Support, #3 Text of Proposed Order)(MARCUS, ARI)
February 1, 2022 Filing 54 MOTION to Certify Class for Final Approval by THERESA GAFFNEY. (Attachments: #1 Brief, #2 Exhibit A - Settlement Agreement, #3 Declaration of Dorothy Sue Meriman, #4 Exhibit 1 - Class Notice, #5 Exhibit 2-3 - Opt Outs, #6 Declaration of Adam Deutsch, Esq. in Support, #7 Text of Proposed Order)(MARCUS, ARI)
January 21, 2022 Filing 53 Letter re Objection to Settlement from Joseph N. Amore. (ams, )
October 19, 2021 Filing 52 DECLARATION of Warren Wolf re #51 Order on Motion to Certify Class of compliance with Class Action Fairness Act notice requirements by SELECT PORTFOLIO SERVICING, INC.. (WOLF, WARREN)
October 13, 2021 Opinion or Order Filing 51 ORDER granting #49 Motion for Preliminary Approval Order; Final Fairness Hearing scheduled for 2/10/2022 at 10:00 AM. etc. Signed by Judge Brian R. Martinotti on 10/13/2021. (ams, )
June 23, 2021 Magistrate Judge Michael A. Hammer added. Magistrate Judge Zahid N. Quraishi no longer assigned to case. (eaj, )
June 21, 2021 Opinion or Order Filing 50 TEXT ORDER re #49 MOTION to Certify Class for Preliminary Approval filed by THERESA GAFFNEY. Ordered case reopened. So Ordered by Judge Brian R. Martinotti on 6/21/2021. (DS, )
May 5, 2021 Filing 49 MOTION to Certify Class for Preliminary Approval by THERESA GAFFNEY. (Attachments: #1 Brief in Support, #2 Exhibit A - Settlement Agreement, #3 Exhibit 1 - Proposed Class Notice, #4 Text of Proposed Order, #5 Exhibit 3 - proposed final approval order, #6 Declaration of Ari Marcus in Support)(MARCUS, ARI)
May 5, 2021 Set Deadlines as to #49 MOTION to Certify Class for Preliminary Approval. Motion set for 6/7/2021 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr, )
April 22, 2021 Text Minute Entry for proceedings held before Magistrate Judge Zahid N. Quraishi: Telephone Conference held on 4/22/2021. (kas)
March 25, 2021 Opinion or Order Filing 48 ORDER withdrawing #39 Motion to Certify Class. Signed by Judge Brian R. Martinotti on 3/25/2021. (abr, )
March 25, 2021 Filing 47 Letter from Ari Marcus, Esq. re #39 MOTION to Certify Class for Preliminary Approval. (MARCUS, ARI)
March 25, 2021 Opinion or Order Filing 46 TEXT ORDER: Telephone status call is hereby scheduled for 4/22/2021 at 10:00 a.m. Counsel for the plaintiff shall initiate the call. So Ordered by Magistrate Judge Zahid N. Quraishi on 3/25/2021. (kas)
March 25, 2021 Text Minute Entry for proceedings held before Magistrate Judge Zahid N. Quraishi: Telephone Conference held on 3/25/2021. (kas)
March 15, 2021 Opinion or Order Filing 45 LETTER ORDER scheduling conference call for 3/25/2021 at 11:00 AM. Signed by Magistrate Judge Zahid N. Quraishi on 3/15/2021. (abr, )
March 12, 2021 Filing 44 Letter from Ari Marcus. (MARCUS, ARI)
November 20, 2020 Text Minute Entry for proceedings held before Magistrate Judge Zahid N. Quraishi: Telephone Conference held on 11/20/2020. (kas)
November 12, 2020 Opinion or Order Filing 43 TEXT ORDER: Telephone status call is hereby scheduled for 11/20/2020 at 12:00 p.m. Counsel for the plaintiff shall initiate the call. So Ordered by Magistrate Judge Zahid N. Quraishi on 11/12/2020. (kas)
November 4, 2020 Opinion or Order Filing 42 STIPULATION AND ORDER dismissing Counts I and II of the First Amended Complaint (ECF No. #15 ). Signed by Judge Brian R. Martinotti on 11/04/2020. (jdb)
November 4, 2020 Filing 41 STIPULATION of Dismissal Counts I & II Only by THERESA GAFFNEY. (DEUTSCH, ADAM)
September 29, 2020 Opinion or Order Filing 40 LETTER ORDER extending the 60-day order one week, until 10/05/2020, to enable the parties to resolve the final issue. Signed by Judge Brian R. Martinotti on 09/29/2020. (jdb)
September 29, 2020 Filing 39 MOTION to Certify Class for Preliminary Approval by THERESA GAFFNEY. (Attachments: #1 Brief, #2 Exhibit A - Settlement Agreement, #3 Exhibit 1 - Proposed Class Notice, #4 Text of Proposed Order for Preliminary Approval, #5 Text of Proposed Order for Final Approval, #6 Declaration of Ari Marcus in Support)(MARCUS, ARI)
September 29, 2020 Reset Deadlines: Administrative Termination deadline set for 10/5/2020. (jdb)
September 29, 2020 Set Deadlines as to #39 MOTION to Certify Class for Preliminary Approval. Motion set for 11/2/2020 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr, )
September 28, 2020 Filing 38 Letter from Plaintiff's Counsel re #35 Order. (DEUTSCH, ADAM)
July 28, 2020 Opinion or Order Filing 37 LETTER ORDER granting the request for an additional 60 days to finalize the resolution of this matter. Signed by Judge Brian R. Martinotti on 07/28/2020. (jdb)
July 28, 2020 Filing 36 Letter from defense counsel. (WOLF, WARREN)
July 28, 2020 Reset Deadlines: Administrative Termination deadline reset for 9/28/2020. (jdb)
June 29, 2020 Opinion or Order Filing 35 LETTER ORDER extending the 60-day Order for 30 days. Signed by Judge Brian R. Martinotti on 06/29/2020. (jdb)
June 29, 2020 Filing 34 Letter re #33 Order 60-Day Administrative Termination. (DEUTSCH, ADAM)
June 29, 2020 Reset Deadlines: Administrative Termination deadline set for 7/30/2020. (jdb)
May 1, 2020 Opinion or Order Filing 33 Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 6/30/2020. Signed by Judge Brian R. Martinotti on 5/1/2020. (DS)
May 1, 2020 Text Minute Entry for proceedings held before Magistrate Judge Zahid N. Quraishi: Settlement Conference held on 5/1/2020. (kas)
March 20, 2020 Opinion or Order Filing 32 TEXT ORDER: The settlement conference scheduled for 4/2/2020 before Magistrate Judge Zahid N. Quraishi is ADJOURNED to 5/1/2020 at 10:30 a.m. Each party shall submit to the Court electronically in Word format (to znq_orders@njd.uscourts.gov) a confidential settlement memo, not to exceed 5 pages, with their respective settlement positions, three business days prior to the conference. So Ordered by Magistrate Judge Zahid N. Quraishi on 3/20/2020. (kas)
February 14, 2020 Opinion or Order Filing 31 TEXT ORDER: Settlement conference is hereby scheduled for 4/2/2020 at 11:00 a.m. before Magistrate Judge Zahid N. Quraishi. Parties with full settlement authority are required to be present at the conference. Each party shall submit to the Court electronically in Word format (to znq_orders@njd.uscourts.gov) a confidential settlement memo, not to exceed 5 pages, with their respective settlement positions, three business days prior to the conference. So Ordered by Magistrate Judge Zahid N. Quraishi on 2/14/2020. (kas, )
February 14, 2020 Text Minute Entry for proceedings held before Magistrate Judge Zahid N. Quraishi: Telephone Conference held on 2/14/2020. (kas)
December 17, 2019 Opinion or Order Filing 30 TEXT ORDER: Telephone status call is hereby scheduled for 2/14/2020 at 12:00 p.m. Counsel for the plaintiff shall initiate the call. So Ordered by Magistrate Judge Zahid N. Quraishi on 12/17/2019. (kas)
December 17, 2019 Text Minute Entry for proceedings held before Magistrate Judge Zahid N. Quraishi: Telephone Conference held on 12/17/2019. (kas)
September 11, 2019 Opinion or Order Filing 29 TEXT ORDER: Telephone Status Call is hereby scheduled for 12/17/2019 at 10:30 a.m. Plaintiff shall initiate the call. Kindly mark your calendars accordingly. So Ordered by Magistrate Judge Zahid N. Quraishi on 9/11/2019. (kas)
September 11, 2019 Text Minute Entry for proceedings held before Magistrate Judge Zahid N. Quraishi: Telephone Conference held on 9/11/2019. (kas)
August 21, 2019 Filing 28 Notice of Request by Pro Hac Vice Alyssa A. Sussman to receive Notices of Electronic Filings. (WOLF, WARREN)
August 21, 2019 Pro Hac Vice counsel, ALYSSA A. SUSSMAN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (km)
August 19, 2019 Pro Hac Vice fee received in the amount of $ 150.00 as to Alyssa A. Sussman, receipt number TRE105116. (km)
August 14, 2019 Opinion or Order Filing 27 CONSENT ORDER granting leave to appear Pro Hac Vice as to Alyssa A. Sussman. Signed by Magistrate Judge Zahid N. Quraishi on 8/14/2019. (km)
August 13, 2019 Filing 26 Letter from Warren Wolf for Pro Hac Vice of Alyssa Sussman. (Attachments: #1 Text of Proposed Order, #2 Certification)(WOLF, WARREN)
August 8, 2019 Opinion or Order Filing 25 Discovery Confidentiality Order. Signed by Magistrate Judge Zahid N. Quraishi on 8/8/2019. (km)
August 7, 2019 Filing 24 Letter from Warren Wolf, Esq.. (Attachments: #1 Text of Proposed Order)(WOLF, WARREN)
July 29, 2019 Pro Hac Vice fee received as to Thomas M. Herreron, Esq, and David S. Kantrowitz, Esq.: $ 300, receipt number TRE104494 (jmh)
June 13, 2019 This case has been reassigned from Magistrate Judge Tonianne J. Bongiovanni to Magistrate Judge Zahid N. Quraishi. Unless otherwise advised by Judge Quraishi's chambers, all conferences set by Magistrate Judge Tonianne J. Bongiovanni shall be conducted by Judge Quraishi on the previously scheduled date and time. (in-jal, )
June 12, 2019 Opinion or Order Filing 23 CONSENT ORDER granting leave to appear pro hac vice as to David S. Kantrowitz, Esq. Signed by Magistrate Judge Tonianne J. Bongiovanni on 06/12/2019. (jmh) Modified on 7/8/2019 (eaj, ).
June 12, 2019 Opinion or Order Filing 22 CONSENT ORDER granting leave to appear pro hac vice as to Thomas M. Hefferon, Esq. Signed by Magistrate Judge Tonianne J. Bongiovanni on 06/12/2019. (jmh) Modified on 7/8/2019 (eaj, ).
June 3, 2019 Opinion or Order Filing 21 SCHEDULING ORDER: Telephone Conference set for 9/11/2019 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff shall initiate the call. Any Motion to Amend the Pleadings and/or Join New Parties due by 7/12/2019. Fact Discovery due by 5/1/2020.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/3/2019. (km)
May 31, 2019 Filing 20 Joint Discovery Plan by THERESA GAFFNEY.(DEUTSCH, ADAM)
May 23, 2019 Opinion or Order Filing 19 TEXT ORDER - The parties are to submit a joint proposed schedule to the Court electronically in Word format to tjb_orders@njd.uscourts.gov no later than 5/31/2019. So Ordered by Magistrate Judge Tonianne J. Bongiovanni.(mm)
May 22, 2019 Filing 18 ANSWER to Amended Complaint by SELECT PORTFOLIO SERVICING, INC..(WOLF, WARREN)
April 22, 2019 Opinion or Order Filing 17 STIPULATION AND ORDER that the time for Defendant, Select Portfolio Serving, Inc., to respond to the complaint is extended to 5/22/2019. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/22/2019. (km) Modified on 4/29/2019 (eaj, ).
April 18, 2019 Filing 16 STIPULATION re #15 Amended Complaint extending time to respond to amended complaint by SELECT PORTFOLIO SERVICING, INC.. (WOLF, WARREN)
April 8, 2019 Filing 15 AMENDED COMPLAINT against SELECT PORTFOLIO SERVICING, INC., filed by THERESA GAFFNEY.(DEUTSCH, ADAM)
April 4, 2019 Opinion or Order Filing 14 LETTER ORDER granting #10 Motion to Amend Complaint. Signed by Judge Brian R. Martinotti on 4/4/2019. (km)
March 21, 2019 Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 3/21/2019. (mm)
March 18, 2019 Opinion or Order Filing 13 TEXT ORDER Settlement discussions ongoing; Motion to Amend [DE 10] is returnable on 4/15/2019. So Ordered by Magistrate Judge Tonianne J. Bongiovanni.(mm)
March 5, 2019 Reset Deadlines as to #10 First MOTION to Amend/Correct Pleadings. Motion set for 4/1/2019 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mm)
March 4, 2019 Filing 12 Letter from Adam Deutsch. (DEUTSCH, ADAM)
March 1, 2019 Opinion or Order Filing 11 TEXT ORDER: In light of the Court's intention to explore further settlement discussions, briefing on Plaintiff's pending motion to amend [Docket Entry No. 10] is stayed. So Ordered by Magistrate Judge Tonianne J. Bongiovanni.(mm)
February 21, 2019 Filing 10 First MOTION to Amend/Correct Pleadings by THERESA GAFFNEY. (Attachments: #1 Brief, #2 Declaration, #3 Certificate of Service, #4 Text of Proposed Order)(DEUTSCH, ADAM)
February 21, 2019 Set Deadlines as to #10 First MOTION to Amend/Correct Pleadings. Motion set for 3/18/2019 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km)
February 20, 2019 Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 2/20/2019. (mm)
February 19, 2019 Filing 9 NOTICE of Appearance by ARI HILLEL MARCUS on behalf of THERESA GAFFNEY (MARCUS, ARI)
February 19, 2019 Filing 8 NOTICE of Appearance by YITZCHAK ZELMAN on behalf of THERESA GAFFNEY (ZELMAN, YITZCHAK)
October 31, 2018 Opinion or Order Filing 7 SCHEDULING ORDER: Telephone Conference set for 2/20/2019 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff to initiate the call. Any Motion to Amend the Pleadings and/or Join New Parties due by 2/22/2019. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/31/2018. (km)
October 30, 2018 Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on 10/30/2018. (mm)
August 23, 2018 Opinion or Order Filing 6 ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 10/23/2018 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/22/2018. (km)
August 22, 2018 Filing 5 Corporate Disclosure Statement by SELECT PORTFOLIO SERVICING, INC. identifying SPS Holding Corp. as Corporate Parent.. (WOLF, WARREN)
August 22, 2018 Filing 4 ANSWER to Complaint by SELECT PORTFOLIO SERVICING, INC..(WOLF, WARREN)
August 3, 2018 Filing 3 CERTIFICATE OF SERVICE by THERESA GAFFNEY re #1 Complaint, #2 Summons Issued served on August 2, 2018 (DEUTSCH, ADAM)
July 31, 2018 Filing 2 SUMMONS ISSUED as to SELECT PORTFOLIO SERVICING, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jem)
July 31, 2018 Filing 1 COMPLAINT against SELECT PORTFOLIO SERVICING, INC., JOHN DOES I-X ( Filing and Admin fee $ 400 receipt number 0312-8920114) with JURY DEMAND, filed by THERESA GAFFNEY.(DEUTSCH, ADAM)
July 31, 2018 Judge Brian R. Martinotti and Magistrate Judge Tonianne J. Bongiovanni added. (jem)

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Plaintiff: THERESA GAFFNEY
Represented By: ARI HILLEL MARCUS
Represented By: YITZCHAK ZELMAN
Represented By: ADAM DEUTSCH
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Defendant: SELECT PORTFOLIO SERVICING, INC.
Represented By: JORDAN B. GOLDBERG
Represented By: WARREN S. WOLF
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Defendant: JOHN DOES I-X
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