Francis v. General Revenue Corporation
| Jasmin R. Francis |
| General Revenue Corporation |
| 1:2018cv06955 |
| December 6, 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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| Filing 11 MOTION to Appear Pro Hac Vice for Amy Gilbert on behalf of General Revenue Corporation Filing fee $ 150, receipt number ANYEDC-11161721. by General Revenue Corporation. (Gilbert, Amy) |
ORDER granting #10 defendant's motion for premotion conference. The initial status conference currently scheduled for 2/13/2019 will also serve as a premotion conference on defendant's anticipated motion to dismiss. The parties should note that the conference is reset to 10:30 am and will be held in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 2/1/2019. (Weisberg, Peggy)
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| Filing 10 Letter MOTION for pre motion conference re: anticipated motion to dismiss by General Revenue Corporation. (Attachments: #1 Exhibit A - Contract, #2 Exhibit B - Loan Agreement, #3 Exhibit C - Exit Interview) (Goldstein, Philip) |
| Filing 9 Letter re: January 18, 2019 Order by General Revenue Corporation (Goldstein, Philip) |
| Filing 8 Letter MOTION to Adjourn Conference by Jasmin R. Francis. (Zemel, Daniel) |
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ORDER granting #8 Motion to Adjourn Conference to 2/13/2019 at 4:00 pm in Chambers 704S. Defendant is reminded to file a supplemental letter as previously ordered and the parties will bring to the conference a completed case management plan. Ordered by Judge Brian M. Cogan on 1/23/2019. (Weisberg, Peggy)
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ORDER re: #9 . Defendant is directed to bring the underlying contract to the conference. Ordered by Judge Brian M. Cogan on 1/23/2019. (Weisberg, Peggy)
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| Filing 7 Letter in connection with Initial Status Conference by Jasmin R. Francis (Zemel, Daniel) |
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ORDER re: #7 . Defendant's portion of this letter is wholly inadequate, and the Court cannot understand why defense counsel thinks the Court would want a letter that says nothing. If that was what the Court wanted, it would have just waited for defendant's answer. The complaint, as summarized in plaintiff's portion of the letter, poses two straightforward questions: (1) does a collection letter in which 40% of the debt constitutes collection costs violate the FDCPA; and (2) was defendant attempting to impose a penalty or late fee that was not authorized by the underlying contract? What the Court expects from defendant is a letter that answers those questions with at least a brief explanation to support the answers, so that it can be discussed at the conference. If there are additional affirmative defenses, defendant needs to explain those, not simply set forth a laundry list. The Court notes that in the list of defenses, some of them appear almost certainly to be without a good faith basis, and defendant is cautioned that Fed. R. Civ. P. 11 is fully applicable to this letter.Defendant is ORDERED to file a supplemental letter that complies with this Court's order prior to the conference or the Court will conclude that defendant has no viable defenses to liability and enter an appropriate order under Fed. R. Civ. P. 16(f). Ordered by Judge Brian M. Cogan on 1/18/2019. (Weisberg, Peggy)
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ORDER granting #6 Motion for Extension of Time to Answer to 1/30/2019. Ordered by Judge Brian M. Cogan on 1/1/2019. (Weisberg, Peggy)
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| Filing 6 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by General Revenue Corporation. (Goldstein, Philip) |
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Filing 5
SCHEDULING ORDER: Initial Status Conference is set for 1/24/2019 at 4:30 PM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 12/12/2018. (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) |
| Filing 2 Summons Issued as to General Revenue Corporation. (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 General Revenue Corporation filing fee $ 400, receipt number ANYEDC-11000002 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Jasmin R. Francis. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Proposed Summons) (Zemel, Daniel) |
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| Defendant: General Revenue Corporation | |
| Represented By: | Amy S. Gilbert |
| Represented By: | Philip A. Goldstein |
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| Plaintiff: Jasmin R. Francis | |
| Represented By: | Daniel Zemel |
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