Oestreicher et al v. Collecto, Inc.
| Samuel Deutsch and Fishel Oestreicher |
| Collecto, Inc. and Collecto, Inc. doing business as EOS CCA |
| 1:2019cv04046 |
| July 12, 2019 |
| US District Court for the Eastern District of New York |
| Vera M Scanlon |
| Eric N Vitaliano |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| Filing 13 Letter MOTION for pre motion conference re #1 Complaint, Order on Motion to Dismiss for Failure to State a Claim,, Defendant Collecto, Inc. d/b/a EOS CCA's Motion for a Pre Motion Conference in anticipation of Defendant's re-Answer Motion to Dismiss Pursuant to Fed R Civ Pro 12(b)(6) by Collecto, Inc.. (Quinn, Lori) |
ORDER denying without prejudice #10 Motion to Dismiss for Failure to State a Claim. Defendant has filed a motion to dismiss without first seeking a pre-motion conference, see Individual Rule III(A), and has further filed its opening papers in violation of the Court's bundling rule, see Individual Rule III(D). The Court, therefore, will not entertain defendant's motion at this time. Counsel is directed to review the Court's Individual Rules before making any future filings. Ordered by Judge Eric N. Vitaliano on 9/3/2019. (Gottlieb, Spencer)
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| Filing 12 MEMORANDUM in Support of Defendants Motion to Dismiss filed by Collecto, Inc.. (Attachments: #1 Certificate of Service Certificate of service as to Memorandum of Law in Support of Defendants Motion to Dismiss) (Quinn, Lori) |
| Filing 11 DECLARATION of Lori J. Quinn in support of Defendants Motion to Dismiss Plaintiffs' Class Action Complaint by Collecto, Inc. (Attachments: #1 Exhibit Exhibit A- Glassine- Window Envelope for Payment, #2 Exhibit Exhibit B- Glassine- Window Envelope with Payment slip depicting mailing address for payment, #3 Exhibit Exhibit C- Oestreicher December 3, 2019 settlement letter and Deutsch October 1, 2018 Settlement letter, #4 Certificate of Service Certificate of service for Declaration of Lori Quinn in support of defendants motion to dismiss the complaint) (Quinn, Lori) |
| Filing 10 First MOTION to Dismiss for Failure to State a Claim for which relief can be granted by Collecto, Inc.. (Attachments: #1 Certificate of Service) (Quinn, Lori) |
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RE-SCHEDULING ORDER: Due to a conflict in the Court's schedule, the Initial Conference originally scheduled for 10/3/2019 will be held on 10/10/2019 at 10:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Plaintiff must appear in person for the conference. Counsel are to confirm amongst themselves that all are aware of this change. The Parties are to refer to #9 and must file the joint proposed scheduling order by 10/3/2019. Ordered by Magistrate Judge Vera M. Scanlon on 8/23/2019. (Quinlan, Krista)
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Filing 9
ORDER granting #8 Motion for Extension of Time to Answer as to Collecto, Inc. Defendant's deadline to answer the Complaint or otherwise move is extended to 9/16/2019. SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 10/3/2019 at 11:30 AM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiff must appear in person for the conference. Plaintiff's counsel is directed to confirm with Defendant's counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 9/26/2019. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference unless in an emergency. Ordered by Magistrate Judge Vera M. Scanlon on 8/6/2019. (Quinlan, Krista)
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| Filing 8 First MOTION for Extension of Time to File Answer to the Complaint by Collecto, Inc.. (Quinn, Lori) |
| Filing 7 NOTICE of Appearance by Lori Jean Quinn on behalf of Collecto, Inc. (aty to be noticed) (Quinn, Lori) |
| Filing 6 SUMMONS Returned Executed by Fishel Oestreicher, Samuel Deutsch. Collecto, Inc. served on 7/25/2019, answer due 8/15/2019. (Barshay, David) |
| Filing 5 Summons Issued as to Collecto, Inc.. (Davis, Kimberly) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Vera M. Scanlon. 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 2 NOTICE of Appearance by David M. Barshay on behalf of Samuel Deutsch, Fishel Oestreicher (aty to be noticed) (Barshay, David) |
| Filing 1 COMPLAINT against Collecto, Inc. filing fee $ 400, receipt number ANYEDC-11658878 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Fishel Oestreicher, Samuel Deutsch. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 Proposed Summons) (Sanders, Craig) |
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