Milan v. SCIL Texas, LLC et al
| Allissa Milan |
| Ivy Funding Eight, LLC, SCIL Texas, LLC, SCIL Texas, LLC doing business as www.speedycash.com and Ivy Funding Eight, LLC doing business as Ivy Management, LLC |
| 1:2019cv01938 |
| April 3, 2019 |
| US District Court for the Eastern District of New York |
| James Orenstein |
| Eric N Vitaliano |
| Consumer Credit |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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ORDER granting #16 Motion for Leave to Appear Pro Hac Vice -- Attorney Ethan J. Birnberg, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By July 2, 2019, Mr. Birnberg shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Birnberg shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Birnberg shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 6/25/2019. (Roantree, Bronwyn)
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| Filing 16 AMENDED MOTION to Appear Pro Hac Vice; filed by SCIL Texas, LLC. (Fee $ 150, Receipt number ANYEDC-11596612 - see doc.#15 .) (Attachments: #1 Affidavit in Support, #2 Certificates of Good Standing) (Birnberg, Ethan) Modified. (Latka-Mucha, Wieslawa) |
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ORDER denying #15 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to the movant's right to seek reconsideration in conformity with this court's local rules, which require that an application for admission pro hac vice include a properly sworn and notarized affidavit stating (a) whether the applicant has ever been convicted of a felony, (b) whether the applicant has ever been censured, suspended, disbarred or denied admission or readmission by any court, (c) whether there are any disciplinary proceedings presently against the applicant, and (d) the facts and circumstances surrounding any affirmative responses to (a) through (c). See Loc. Civ. R. 1.3(c). If the applicant seeks reconsideration, he must do so no later than July 8, 2019. Ordered by Magistrate Judge James Orenstein on 6/24/2019. (Roantree, Bronwyn)
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| Filing 15 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11596612. by SCIL Texas, LLC. (Attachments: #1 Affidavit in Support, #2 Certificates of Good Standing) (Birnberg, Ethan) |
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Filing 14
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: July 19, 2019. First request for production of documents and first request for interrogatories due by: August 20, 2019. Deadline for joinder of additional parties and amendment of pleadings: September 20, 2019. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by:October 22, 2019. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): November 4, 2019, at 11:30 a.m. Dispositive motion process started by: November 18, 2019. Joint pretrial order due by: December 16, 2019. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 6/19/2019. (Guy, Alicia)
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Filing 13
ORDER -- I will not require an initial discovery planning conference in this case, and the parties are not required to meet and confer in accordance with Rule 26(f). Instead, I will enter a separate case management and scheduling order that contemplates the completion of all discovery within four months. If there is an objection to the court's schedule, any party may either: (1) upon a showing of good cause and with the other party's consent, submit a proposed discovery plan in the form of the attached questionnaire; or (2) submit a letter request for an in-court conference that also sets forth the grounds for a different schedule. Ordered by Magistrate Judge James Orenstein on 6/19/2019. (Attachments: #1 Questionnaire) (Guy, Alicia)
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| Filing 12 Letter from all parties setting forth proposed briefing schedule for motion to compel arbitration and stay the action by SCIL Texas, LLC (Kim, James) |
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ORDER: #12 The parties' proposed briefing schedule is so ordered, subject to the Court's Bundling Rule, Individual Rule III.D. Defendants shall serve their motion on plaintiff on or before June 20, 2019. Plaintiff shall serve her opposition on defendants on or before July 25, 2019. Defendants shall serve their reply, if any, and file all motion papers on ECF on or before August 8, 2019, as well as deliver a courtesy copy to chambers. Ordered by Judge Eric N. Vitaliano on 6/14/2019. (Siegel, Max)
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| Filing 11 NOTICE of Appearance by Sabrina A Neff on behalf of Ivy Funding Eight, LLC (notification declined or already on case) (Neff, Sabrina) |
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ORDER denying #10 Motion for Pre-Motion Conference. Having reviewed defendants' submission, the Court concludes that a pre-motion conference is unnecessary. Nonetheless, defendants may proceed with their motion. The parties shall file a joint proposed briefing schedule on or before June 14, 2019. Ordered by Judge Eric N. Vitaliano on 6/10/2019. (Siegel, Max)
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ORDER granting #9 Motion for Leave to Appear Pro Hac Vice -- Attorney Sabrina A. Neff, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By June 10, 2019, Ms. Neff shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Neff shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Neff shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 6/3/2019. (Gustafson, Kaelyn)
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| Filing 10 Joint MOTION for pre motion conference by Ivy Funding Eight, LLC, SCIL Texas, LLC. (Kim, James) |
| Filing 9 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11532523. by Ivy Funding Eight, LLC. (Attachments: #1 Affidavit in Support, #2 Exhibit Good Standing Certificate) (Neff, Sabrina) |
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ORDER granting #8 Motion for Extension of Time to Answer -- The motion is granted on consent; the defendants shall answer or otherwise respond to the complaint by June 14, 2019. Ordered by Magistrate Judge James Orenstein on 5/28/2019. (Roantree, Bronwyn)
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| Filing 8 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Ivy Funding Eight, LLC, SCIL Texas, LLC. (Kim, James) |
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ORDER denying #7 Motion for Extension of Time to Answer -- I defer to Judge Vitaliano with respect to a briefing schedule on the anticipated motion to dismiss. In the absence of consent or any explanation why they cannot respond to the complaint within the prescribed time, the motion to extend the time to respond to the complaint is denied, without prejudice to renewal if the parties reach an agreement as to scheduling. Ordered by Magistrate Judge James Orenstein on 5/24/2019. (Roantree, Bronwyn)
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| Filing 7 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Ivy Funding Eight, LLC, SCIL Texas, LLC. (Kim, James) |
| Filing 6 Corporate Disclosure Statement by SCIL Texas, LLC identifying Corporate Parent CURO Intermediate Holdings Corp., Other Affiliate CURO Financial Technologies Corp., Other Affiliate CURO Group Holdings Corp. for SCIL Texas, LLC. (Kim, James) |
| Filing 5 NOTICE of Appearance by James Kim on behalf of SCIL Texas, LLC (aty to be noticed) (Kim, James) |
| 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 All Defendants. (Bowens, Priscilla) |
| Case assigned to Judge Eric N. Vitaliano and Magistrate Judge James Orenstein. 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 Ivy Funding Eight, LLC, SCIL Texas, LLC filing fee $ 400, receipt number ANYEDC-11349873 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Allissa Milan. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Fishbein, Adam) |
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