Horowitz v. Portfolio Recovery Associates, LLC
| Usher Horowitz |
| Portfolio Recovery Associates, LLC |
| 1:2019cv05575 |
| October 2, 2019 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Peggy Kuo |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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ORDER: The Court denies as unnecessary Defendant's #12 motion for pre-motion conference. The Court grants Defendant leave to file its anticipated motion to dismiss and sets the following briefing schedule: (1) Defendant shall serve its motion and accompanying memorandum by December 31, 2019; (2) Plaintiff shall serve and file his opposition papers by January 30, 2020; and (3) Defendant may serve and file its reply, if any, by February 13, 2020. Ordered by Judge Pamela K. Chen on 11/27/2019. (Shi, Yi Qing)
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ORDER: With respect to the briefing schedule just issued by the Court, as a courtesy to the Court, Defendant is encouraged to not file its motion papers until the motion is fully briefed. If Defendant follows this practice, the notice of motion and all supporting papers are to be served on the other party along with a cover letter setting forth whom the attorney represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter and not as a motion, on the day the motion is due. On the day the motion is fully briefed, in this case February 13, 2020, Defendant shall electronically file all of its motion papers. Ordered by Judge Pamela K. Chen on 11/27/2019. (Shi, Yi Qing)
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| Filing 14 RESPONSE in Opposition re #12 Letter MOTION for pre motion conference re #1 Complaint, filed by Usher Horowitz. (Cader, Jonathan) |
| Filing 13 NOTICE of Appearance by Jonathan Mark Cader on behalf of Usher Horowitz (aty to be noticed) (Cader, Jonathan) |
| Filing 12 Letter MOTION for pre motion conference re #1 Complaint, by Portfolio Recovery Associates, LLC. (Steinlight, Stephen) |
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Filing 11
SCHEDULING ORDER: An Initial Conference will be held in this case on December 10, 2019 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Peggy Kuo on 11/6/2019. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
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ORDER granting #9 motion for extension of time to Answer. The deadline for defendant Portfolio Recovery Associates, LLC., to answer or otherwise respond to the complaint is extended to November 18, 2019. Ordered by Magistrate Judge Peggy Kuo on 11/6/2019. (Riquelme, Claudia)
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| Filing 10 RESPONSE to Motion re #9 Letter MOTION for Extension of Time to File Answer re #1 Complaint, filed by Usher Horowitz. (Barshay, David) |
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ORDER SETTING DEADLINE: Plaintiff is directed to file a response to defendant's #9 MOTION for Extension of Time to File Answer today November 5, 2019. Ordered by Magistrate Judge Peggy Kuo on 11/5/2019. (Riquelme, Claudia)
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| Filing 9 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Portfolio Recovery Associates, LLC. (Steinlight, Stephen) |
| Filing 8 Corporate Disclosure Statement by Portfolio Recovery Associates, LLC identifying Corporate Parent PRA Group, Inc. for Portfolio Recovery Associates, LLC. (Steinlight, Stephen) |
| Filing 7 NOTICE of Appearance by Stephen Jay Steinlight on behalf of Portfolio Recovery Associates, LLC (aty to be noticed) (Steinlight, Stephen) |
| Filing 6 SUMMONS Returned Executed by Usher Horowitz. Portfolio Recovery Associates, LLC served on 10/8/2019, answer due 10/29/2019. (Barshay, David) |
| 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 Portfolio Recovery Associates, LLC. (Bowens, Priscilla) |
| Case assigned to Judge Pamela K. Chen and Magistrate Judge Peggy Kuo. 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 David M. Barshay on behalf of Usher Horowitz (aty to be noticed) (Barshay, David) |
| Filing 1 COMPLAINT against Portfolio Recovery Associates, LLC filing fee $ 400, receipt number ANYEDC-11904705 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Usher Horowitz. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Summons) (Sanders, Craig) |
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| Plaintiff: Usher Horowitz | |
| Represented By: | David M. Barshay |
| Represented By: | Craig B. Sanders |
| Represented By: | Jonathan Mark Cader |
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| Defendant: Portfolio Recovery Associates, LLC | |
| Represented By: | Stephen Jay Steinlight |
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