Abreu v. Receivable Collection Services, LLC
| Bianca Abreu |
| Receivable Collection Services, LLC |
| 1:2018cv04103 |
| July 18, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Pamela K Chen |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Both |
Docket Report
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ORDER DISMISSING CASE: Plaintiff's voluntary discontinuance #5 is So Ordered. Defendant's request for a pre-motion conference #4 is denied as moot. However, the Court will retain jurisdiction to allow Defendant to file its motion for attorney's fees pursuant to Fed. R. Civ. P. 11, 28 U.S.C. 1927, and the inherent power of the Court.The Court sets the following briefing schedule: (1) Defendant shall file its motion by September 20, 2018; (2) Plaintiff shall file her opposition by October 4, 2018; and (3) Defendant's reply, if any, shall be filed by October 11, 2018.Ordered by Judge Pamela K. Chen on 9/6/2018. (Hess, Alexandra)
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| Filing 9 Letter by Bianca Abreu (Geller, Edward) |
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ORDER granting #8 Motion for Extension of Time to File: Plaintiff shall file a response to Defendant's letters [6, 7] by August 16, 2018. Ordered by Judge Pamela K. Chen on 8/10/2018. (Hess, Alexandra)
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ORDER: In light of the pre-motion conference request before Judge Chen (ECF No. 4), the Court adjourns the September 5, 2018 initial conference sine die pending the resolution of defendant's anticipated motion. Ordered by Magistrate Judge Lois Bloom on 8/10/2018. (Smith, Roberta)
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| Filing 8 First MOTION for Extension of Time to File by Bianca Abreu. (Geller, Edward) |
| Filing 7 Letter in supplement to request to retain jurisdiction to allow the Defendant to file a motion for attorneys fees and costs by Receivable Collection Services, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Arleo, Robert) |
| Filing 6 Letter requesting the court to retain jurisdiction so that the Defendant may file a motion for attorneys fees and costs by Receivable Collection Services, LLC (Arleo, Robert) |
| Filing 5 Letter by Bianca Abreu (Geller, Edward) |
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ORDER: Plaintiff shall file a response to Defendant's letter dated August 2, 2018 #6 by August 9, 2018. Ordered by Judge Pamela K. Chen on 8/2/2018. (Hess, Alexandra)
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ORDER: Plaintiff has failed to comply with the Court's Individual Rules requiring a response to Defendant's pre-motion conference request #4 within seven days. Plaintiff shall file a response letter by August 3, 2018. Ordered by Judge Pamela K. Chen on 8/1/2018. (Hess, Alexandra)
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| Filing 4 Letter MOTION for pre motion conference for purpose of obtaining permission to file a motion to dismiss the Complaint for failure to state a cause of action by Receivable Collection Services, LLC. (Arleo, Robert) |
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SCHEDULING ORDER: Defendant removed this Fair Debt Collections Practices Act case from Queens County Supreme Court on the basis of federal question jurisdiction on July 18, 2018. ECF No. 1. Defendant's answer is due on July 25, 2018. Fed. R. Civ. P. 81(c)(2)(C). Any party seeking a trial by jury shall file a jury demand by July 25, 2018. Fed. R. Civ. P. 81(c)(3)(A). The Court shall hold an initial conference on September 5, 2018 at 10:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by August 29, 2018. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 7/19/2018. (Doody, Sara)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. Please Refer to all Corrections made on this case. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by RECEIVABLE COLLECTION SERVICES, LLC from Civil court of the city of New York County of Queens, case number 016579. ( Filing fee $ 400 receipt number 0207-10592232) (Attachments: #1 Civil Cover Sheet, #2 Exhibit Civil Court Complaint, #3 Exhibit Civil summons, #4 Exhibit civil affidavit) (Arleo, Robert) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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| Plaintiff: Bianca Abreu | |
| Represented By: | Edward B. Geller |
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| Defendant: Receivable Collection Services, LLC | |
| Represented By: | Robert L. Arleo |
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