Rapaport v. Receivables Performance Management LLC
| Pearl Rapaport |
| Receivables Performance Management LLC |
| 1:2019cv02965 |
| May 20, 2019 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| James Orenstein |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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Filing 11
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 11:00 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 6/18/2019. (Guy, Alicia)
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Filing 10
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 6/18/2019. (Attachments: #1 Questionnaire) (Guy, Alicia)
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| Filing 9 ANSWER to Complaint by Receivables Performance Management LLC. (Cipparulo, Peter) |
| Filing 8 SUMMONS Returned Executed by Pearl Rapaport. Receivables Performance Management LLC served on 6/4/2019, answer due 6/25/2019. (Barshay, David) |
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ORDER granting #7 Motion for Reconsideration -- The motion for reconsideration is granted. Attorney Peter Cipparulo, III, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By June 7, 2019, Mr. Cipparulo shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Cipparulo shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Cipparulo shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 5/31/2019. (Gustafson, Kaelyn)
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| Filing 7 Letter Addressing Court's Order of May 28, 2019 by Receivables Performance Management LLC (Cipparulo, Peter) Modified on 5/31/2019 (Guy, Alicia). |
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ORDER denying #6 Motion for Leave to Appear Pro Hac Vice -- Peter Cipparulo, III, is an attorney who is admitted to practice in the State of New Jersey and who has applied to be admitted pro hac vice on behalf of the defendants in the instant case pursuant to Local Civil Rule 1.3(c). See Docket Entry #6 . He is not admitted to practice before this court. For the reasons set forth below, I deny the motion without prejudice to renewal upon a showing that such admission is appropriate under the circumstances. Mr. Cipparulo practices law in New Jersey, where he is a member of the Law Offices of Peter Cipparulo, III, LLC. Mr. Cipparulo has been admitted pro hac vice in at least three cases in this district since 2018. See Faust v. Receivables Performance Management LLC, 18-CV-7139 (RJD), order dated Jan. 23, 2019; Pinyuk v. Receivables Performance Management, LLC, 18-CV-4121 (LDH), order dated Sept. 24, 2018; Kostivitch et al v. Receivables Performance Management LLC, 18-CV-3461 (JMA), order dated Aug. 31, 2018. In each of those prior cases, as in the instant case, Mr. Cipparulo represented defendant Receivables Performance Management LLC. It thus appears that Mr. Cipparulo regularly engages in the practice of law in this district. Yet by routinely gaining admission pro hac vice rather than taking the steps necessary to join the bar of this court, Mr. Cipparulo remains immune to much of the disciplinary oversight to which his colleagues are subjected. See Loc. Civ. R. 1.5(b)-(c). This court routinely grants attorneys who practice elsewhere the courtesy of representing clients who find themselves involved in litigation in this court. But "[a]dmission pro hac vice is by definition, at most, admission for a single proceeding." In re Rappaport, 558 F.2d 87, 88 n. 1 (2d Cir. 1977). It is a privilege rather than a right, see Leis v. Flynt, 439 U.S. 438, 441-42, 99 S.Ct. 698, 58 L.Ed.2d 717 (1979), and one that should not be abused. If Mr. Cipparulo intends to continue representing Receivables Performance Management LLC or other clients in this court, he can and should secure the admission to our bar. If, on the other hand, Mr. Cipparulo can demonstrate that his many applications for admission pro hac vice represent an aberration in his normal practice, and that he does not anticipate making future similar applications on a routine basis, then I will of course grant him the same courtesy that is routinely afforded to out-of-state counsel in their occasional visits to this district. Ordered by Magistrate Judge James Orenstein on 5/28/2019. (Gustafson, Kaelyn)
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| Filing 6 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11515040. by Receivables Performance Management LLC. (Cipparulo, Peter) |
| 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 Receivables Performance Management LLC. (Bowens, Priscilla) |
| Filing 2 NOTICE of Appearance by David M. Barshay on behalf of Pearl Rapaport (aty to be noticed) (Barshay, David) |
| Filing 1 COMPLAINT against Receivables Performance Management LLC filing fee $ 400, receipt number ANYEDC-11494824 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Pearl Rapaport. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Proposed Summons) (Sanders, Craig) |
| Case assigned to Judge William F. Kuntz, II 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) |
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| Defendant: Receivables Performance Management LLC | |
| Represented By: | Peter Cipparulo, III |
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| Plaintiff: Pearl Rapaport | |
| Represented By: | David M. Barshay |
| Represented By: | Craig B. Sanders |
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