Reyes v. Monterey Financial Services, LLC
| Whitney Reyes |
| Monterey Financial Services, LLC |
| 1:2019cv01586 |
| March 19, 2019 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Steven Tiscione |
| Consumer Credit |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on May 24, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Civil Case Terminated. See Docket No. #7 . (Valentin, Winnethka) |
| Filing 7 STIPULATION of Dismissal by Whitney Reyes (Geller, Edward) |
| MINUTE ENTRY AND ORDER: A pre-motion conference was held before Judge LaShann DeArcy Hall on April 25, 2019. Edward B. Geller appeared on behalf of Plaintiff. Brendan Hoffman Little appeared on behalf of Defendant. As set forth in Defendant's pre-motion letter, Plaintiff failed to adequately allege that Defendant is a debt collector subject to the Fair Debt Collection Practices Act ("FDCPA"). Where a "complaint does not allege that [the defendant] acquired [the plaintiffs] debt after it was in default," it "fails to plausibly allege that [the defendant] qualifies as a debt collector under FDCPA." Roth v. CitiMortgage Inc., 756 F.3d 178, 183 (2d Cir. 2014). Plaintiff's complaint suffers from this fatal defect. Accordingly, Defendant's oral motion to dismiss was GRANTED without prejudice. Plaintiff was granted leave to file an amended complaint by May 9, 2019. Failure to do so shall result in dismissal of this action for failure to prosecute. Defendant shall file its response by May 23, 2019. (Court Reporter Stacy Mace.) (Valentin, Winnethka) |
SCHEDULING ORDER: Defendant's motion #5 for a pre-motion conference regarding its proposed motion to dismiss the complaint is GRANTED. A pre-motion conference shall be held on April 25, 2019, at 2:00 p.m., in Courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 4/5/2019. (Valentin, Winnethka)
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| Filing 6 Letter in opposition to defendant's request for a pre-motion conference by Whitney Reyes (Geller, Edward) |
| Filing 5 MOTION for pre motion conference by Monterey Financial Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Little, Brendan) |
| Filing 4 NOTICE of Appearance by Edward B. Geller on behalf of Whitney Reyes (notification declined or already on case) (Geller, Edward) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (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) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Steven Tiscione. 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) |
| Filing 1 NOTICE OF REMOVAL by Monterey Financial Services, LLC from Queens County Civil Court, case number 007131/2019. ( Filing fee $ 400 receipt number ANYEDC-11300606) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (Little, Brendan) |
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| Plaintiff: Whitney Reyes | |
| Represented By: | Edward B. Geller |
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| Defendant: Monterey Financial Services, LLC | |
| Represented By: | Brendan Hoffman Little |
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