Madorskaya v. Frontline Asset Strategies, LLC
| Olga Madorskaya |
| Frontline Asset Strategies, LLC |
| 1:2019cv00895 |
| February 14, 2019 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Ramon E Reyes |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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ORDER: The Court sets the following briefing schedule on Defendant's motion to dismiss: (1) Defendant shall serve its motion and accompanying memorandum of law in support by May 3, 2019; (2) Plaintiff shall serve her opposition by May 24, 2019; and (3) Defendant may serve and file its reply, if any, by June 7, 2019. As a courtesy to the Court, the parties are encouraged to not file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other party along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, in this case June 7, 2019, each party shall electronically file its moving papers. Ordered by Judge Pamela K. Chen on 4/8/2019. (Nadig, Alok)
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| Filing 9 Letter to Hon. Pamela K. Chen, U.S.D.J. Requesting Briefing Schedule by Frontline Asset Strategies, LLC (Siachos, Peter) |
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ORDER: This is a Fair Debt Collection Practices Act ("FDCPA") case in which Plaintiff has purported to bring her claims on behalf of a class. On March 12, 2019, Defendant filed a premotion conference ("PMC") letter seeking leave to move to dismiss. The Court directed Plaintiff to respond to Defendant's PMC request, as required by the Court's Individual Rules, no later than March 28, 2019. Plaintiff failed to do so. With respect to its proposed motion, Defendant's primary argument is that "Plaintiff has released her claims against Frontline, and therefore lacks standing to bring suit." (Dkt. 7, at 1.) Defendant additionally intends to argue that Second Circuit precedent establishes that the alleged misrepresentation set forth in Defendant's dunning letter is insufficiently material to state a claim under the FDCPA. (Id.) Because Plaintiff has effectively waived any objection to Defendant's PMC request, the Court grants Defendant leave to file a motion to dismiss. The Court also finds that, based on the nature of Defendant's motion, a PMC is unnecessary. Defendant shall submit a proposed briefing schedule for its motion by April 5, 2019. Lastly, as the Court has noted, Plaintiff failed to respond to Defendant's premotion conference letter, as directed by the Court. Plaintiff's counsel is cautioned that any future failure to comply with the Court's orders could result in sanctions. Ordered by Judge Pamela K. Chen on 4/1/2019. (Nadig, Alok)
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| Filing 8 NOTICE of Appearance by Peter G. Siachos on behalf of Frontline Asset Strategies, LLC (aty to be noticed) (Siachos, Peter) |
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ORDER: Plaintiff is directed to respond by letter, not to exceed three (3) pages, to Defendant's pre-motion conference request #7 by March 28, 2019. Ordered by Judge Pamela K. Chen on 3/21/2019. (Nadig, Alok)
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ORDER: Counsel for defendant is respectfully directed to file a notice of appearance by 3/27/2019. Ordered by Judge Pamela K. Chen on 3/21/2019. (Abdallah, Fida)
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ORDER: The Court accepts Defendant Frontline Asset Strategies, LLC's pre-motion conference letter #7 in lieu of its answer. Consistent with this Court's Individual Rules, Plaintiff may file a letter in response by March 19, 2019. Ordered by Judge Pamela K. Chen on 3/13/2019. (Nadig, Alok)
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| Filing 7 Letter to Hon. Pamela K. Chen, U.S.D.J. Requesting a Pre-Motion Conference in Lieu of an Answer by Frontline Asset Strategies, LLC (Siachos, Peter) |
| Filing 6 SUMMONS Returned Executed by Olga Madorskaya. Frontline Asset Strategies, LLC served on 2/19/2019, answer due 3/12/2019. (Zelman, Yitzchak) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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 3 Summons Issued as to Frontline Asset Strategies, LLC. (Bowens, Priscilla) |
| Case assigned to Judge Pamela K. Chen and Magistrate Judge Ramon E. Reyes, Jr. 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 2 NOTICE of Appearance by Ari Hillel Marcus on behalf of Olga Madorskaya (aty to be noticed) (Marcus, Ari) |
| Filing 1 COMPLAINT against Frontline Asset Strategies, LLC filing fee $ 400, receipt number ANYEDC-11200786 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Olga Madorskaya. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Defendant's Collection Letter, #3 Proposed Summons) (Zelman, Yitzchak) |
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| Plaintiff: Olga Madorskaya | |
| Represented By: | Yitzchak Zelman |
| Represented By: | Ari Hillel Marcus |
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| Defendant: Frontline Asset Strategies, LLC | |
| Represented By: | Peter G. Siachos |
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