Gold v. Shapiro, Dicaro, & Barak, LLC et al
| Yosef Gold |
| Shapiro, Dicaro, & Barak, LLC, Select Portfolio Servicing Inc. and The Bank of New York Mellon Trust Company, N.A. |
| 1:2018cv06787 |
| November 29, 2018 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Pamela K Chen |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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SCHEDULING ORDER: The in-person initial conference scheduled for 1/22/2019 is hereby rescheduled for 2/13/2019 at 10:00 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/22/2019. (Murphy, Colleen)
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| Filing 18 First MOTION to Adjourn Conference by Select Portfolio Servicing Inc.. (Swanson, Adam) |
| Filing 17 Letter from A. Swanson by Select Portfolio Servicing Inc. (Swanson, Adam) |
| Filing 16 Summons Issued as to The Bank of New York Mellon Trust Company, N.A.. (Barrett, C) |
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ORDER: The motion to adjourn #18 is granted. The initial conference scheduled for 1/22/2019 is hereby adjourned and will be rescheduled in short order. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/18/2019. (Murphy, Colleen)
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ORDER: Given Plaintiff's #12 Amended Complaint, all Defendants, including Select Portfolio Servicing ("SPS"), by February 1, 2019, shall advise the Court, by letter not exceeding three (3) pages (see Court's Individual Rule 3(A)), whether they are seeking to move for dismissal of the Amended Complaint. The previous briefing schedule relating to the original Complaint is adjourned. Ordered by Pamela K. Chen on 01/18/2019. (Brodziak, Maya)
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| Filing 15 Proposed Summons. Re #12 Amended Complaint by Yosef Gold (Kadochnikov, Alex) |
| Filing 14 Proposed Summons. by Yosef Gold (Kadochnikov, Alex) |
| Filing 13 Civil Cover Sheet.. Re #12 Amended Complaint by Yosef Gold (Kadochnikov, Alex) |
| Filing 12 AMENDED COMPLAINT against Select Portfolio Servicing Inc., Shapiro, Dicaro, & Barak, LLC, The Bank of New York Mellon Trust Company, N.A., filed by Yosef Gold. (Attachments: #1 Exhibit SPS Default Letter) (Kadochnikov, Alex) |
| Filing 11 Letter in response to a letter motion filed by Select Portfolio Servicing Inc. by Yosef Gold (Kadochnikov, Alex) |
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ORDER: Finding a pre-motion conference unnecessary, the Court construes #8 Defendant Select Portfolio Servicing's motion for a pre-motion conference as a motion to dismiss and sets the following briefing schedule: Defendant SPS shall supplement its original motion with a letter of no more than 5 pages by January 23, 2019; Plaintiff may respond with a letter of no more than 5 pages by February 13, 2019. Ordered by Judge Pamela K. Chen on 1/3/2019. (Abdallah, Fida)
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Filing 10
SCHEDULING ORDER: An in-person initial conference will be held at 11:00 A.M. on 1/22/2019 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 1/22/2019. Because this is a FDCPA case, each individual client and/or a principal with full settlement authority for a corporation or other business entity must personally appear with counsel at this initial conference. Upon failure to appear at the conference with authorized clients, the Court will entertain an application for fees and costs by the opposing side. Parties are to submit their respective ex-parte settlement positions via Chambers email no later than three days before 1/22/2019. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/2/2019.
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| Filing 9 SUMMONS Returned Executed by Yosef Gold. Select Portfolio Servicing Inc. served on 12/6/2018, answer due 12/27/2018. (Kadochnikov, Alex) |
| Filing 8 Letter MOTION for pre motion conference Motion to Dismiss by Select Portfolio Servicing Inc. (Swanson, Adam) Modified to update ecf filing event pursuant to Order dated 1/3/2019. (Abdallah, Fida). |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 6 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 5 Summons Issued as to All Defendants. (Attachments: #1 Select Portfolio summons) (Bowens, Priscilla) |
| Filing 4 Proposed Summons. by Yosef Gold (Kadochnikov, Alex) |
| Filing 3 Proposed Summons. by Yosef Gold (Kadochnikov, Alex) |
| Filing 2 Civil Cover Sheet.. by Yosef Gold (Kadochnikov, Alex) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-10979161 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Yosef Gold. (Attachments: #1 Exhibit) (Kadochnikov, Alex) |
| Case assigned to Judge Pamela K. Chen and Magistrate Judge Sanket J. Bulsara. 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) |
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