Saraci v. Convergent Outsourcing, Inc.
| Sunaj Saraci |
| Convergent Outsourcing, Inc. |
| 1:2018cv06505 |
| November 15, 2018 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 1/10/2019. Counsel for both parties present. The Court held brief oral argument on its 11/16/2018 order to show cause. Defendant to file its motion for summary judgment by 1/31/2019. Plaintiff may either file a cross-motion for summary judgment on that same day, or file an opposition to defendant's motion by 2/21/2019. If plaintiff files a cross-motion, then both parties' oppositions are due on 2/28/2019, and the parties need not file replies. If plaintiff chooses to oppose defendant's motion rather than cross-move, then defendant's reply in support of its motion is due on 2/28/2019. The Court waives the requirement for Local Rule 56.1 statements. See transcript for details. (Court Reporter: Lisa Schmid.) (Weisberg, Peggy) |
| Filing 14 Letter / Joint Letter by Sunaj Saraci (Maximov, Maxim) |
| Filing 13 CASE MANAGEMENT STATEMENT / Civil Case Management Plan (Maximov, Maxim) |
| Filing 12 NOTICE of Appearance by Igor B Litvak on behalf of Sunaj Saraci (aty to be noticed) (Litvak, Igor) |
| Filing 11 Letter MOTION to Adjourn Conference by Sunaj Saraci. (Maximov, Maxim) |
ORDER granting #11 Motion to Adjourn Conference. Oral argument on the Court's November 16, 2018 order to show cause will be held in conjunction with the Initial Status Conference on January 10, 2019 at 5:00 pm in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 12/13/2018. (Weisberg, Peggy)
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| Filing 10 Corporate Disclosure Statement by Convergent Outsourcing, Inc. identifying Corporate Parent Account Control Technology Holdings, Inc. for Convergent Outsourcing, Inc.. (Johnson, Matthew) |
| Filing 9 NOTICE of Appearance by Matthew Brady Johnson on behalf of Convergent Outsourcing, Inc. (aty to be noticed) (Johnson, Matthew) |
| Filing 8 NOTICE of Appearance by Julius Toonkel on behalf of Sunaj Saraci (aty to be noticed) (Toonkel, Julius) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Sunaj Saraci. Convergent Outsourcing, Inc. waiver sent on 11/18/2018, answer due 1/17/2019. (Maximov, Maxim) |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by Sunaj Saraci (Maximov, Maxim) |
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Filing 5
SCHEDULING ORDER: Initial Status Conference is set for 12/20/2018 at 5:45 PM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 11/16/2018. (Weisberg, Peggy)
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| 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) |
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ORDER. Plaintiff's counsel has circumvented this Court's mandatory arbitration procedure by including a superficial request for unspecified injunctive relief in the complaint. However, although the Second Circuit has not resolved the issue, it has noted that the great weight of authority recognizes that there is no right to injunctive relief under the FDCPA. See Hecht v. United Collection Bureau, Inc,, 691 F.3d 218, 223 n.1 (2d Cir. 2012). Plaintiff is therefore ORDERED TO SHOW CAUSE by 11/26/2018 why an Order should not be entered: (1) referring this case to mandatory arbitration pursuant to the local rules of this Court; and (2) directing plaintiff's counsel to certify future cases he brings under the FDCPA as eligible for mandatory arbitration. Ordered by Judge Brian M. Cogan on 11/16/2018. (Weisberg, Peggy)
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| Filing 2 Summons Issued as to Convergent Outsourcing, Inc.. (Bowens, Priscilla) |
| Case assigned to Judge Brian M. Cogan. 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. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Convergent Outsourcing, Inc. filing fee $ 400, receipt number ANYEDC-10940654 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Sunaj Saraci. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Proposed Summons) (Maximov, Maxim) |
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| Defendant: Convergent Outsourcing, Inc. | |
| Represented By: | Matthew Brady Johnson |
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| Plaintiff: Sunaj Saraci | |
| Represented By: | Maxim Maximov |
| Represented By: | Igor B Litvak |
| Represented By: | Julius Toonkel |
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