Rubin v. HSBC Bank USA, NA et al
| David Rubin |
| Equifax Information Services LLC, Experian Information Solutions, Inc. and HSBC Bank USA, NA |
| 1:2020cv04566 |
| September 25, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Rachel P Kovner |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Filing 22 ANSWER to #1 Complaint, and Affirmative Defenses by HSBC Bank USA, NA. (Frontino, Brian) |
| Filing 21 Corporate Disclosure Statement by HSBC Bank USA, NA identifying Corporate Parent HSBC Holdings plc., Other Affiliate HSBC USA, Inc., Other Affiliate HSBC North America Holdings, Inc. for HSBC Bank USA, NA. (Frontino, Brian) |
| Filing 20 Defendant Equifax Information Services LLC's ANSWER to #1 Complaint, and Affirmative and Other Defenses by Equifax Information Services LLC. (Stieber, Courtney) |
| Filing 19 Corporate Disclosure Statement by Equifax Information Services LLC identifying Corporate Parent Equifax Inc. for Equifax Information Services LLC. (Stieber, Courtney) |
| Filing 18 NOTICE of Appearance by Carol Ann DiPrinzio on behalf of HSBC Bank USA, NA (aty to be noticed) (DiPrinzio, Carol) |
ORDER: The Motion to Extend Time to File an Answer #15 is granted. Defendant HSBC Bank USA, NA ("HSBC") has established that the factors set out in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), namely "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented," weigh in favor of granting the motion. First, HSBC has established that the default was not willful, but rather the result of protracted negotiations with Plaintiff to extend the time to answer. See Kaisha v. Train Wreck Ltd. Liab. Co., No. 17-CV-3625, 2018 WL 4103582, at *3 (E.D.N.Y. May 29, 2018) ("[T]he court may find a default to have been willful where the conduct of counsel or the litigant was egregious and was not satisfactorily explained." (quotation omitted)). Indeed, HSBC first contacted Plaintiff regarding a proposed extension a week before the answer was due. Second, Plaintiff consented to the extension of time to file. And third, HSBC is prepared to promptly file an answer and proceed with litigation, which indicates that a meritorious defense may be present; the Court's preference is to resolve cases on the merits, not on default. HSBC is directed to file its answer by 11/23/2020. The Motion #14 is denied as moot in light of the subsequent motion. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/6/2020. (Farrell, Gillian)
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| Filing 17 AFFIDAVIT/DECLARATION in Support re #15 Notice of MOTION for Extension of Time to File Answer re #1 Complaint, /Notice of Motion for an Extension of Time to Respond to Complaint filed by HSBC Bank USA, NA. (Attachments: #1 Exhibit A - 10/23/2020 Email) (Frontino, Brian) |
| Filing 16 MEMORANDUM in Support re #15 Notice of MOTION for Extension of Time to File Answer re #1 Complaint, /Notice of Motion for an Extension of Time to Respond to Complaint filed by HSBC Bank USA, NA. (Frontino, Brian) |
| Filing 15 Notice of MOTION for Extension of Time to File Answer re #1 Complaint, /Notice of Motion for an Extension of Time to Respond to Complaint by HSBC Bank USA, NA. (Frontino, Brian) |
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ORDER: On October 26, 2020, Defendant HSBC Bank USA, NA moved to extend the time to answer, move, or otherwise respond to the Complaint #14 . The answer was due on October 23, 2020. Because it is seeking to extend the time to answer after the time to do so has passed, it must file a motion by 11/2/2020 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). So Ordered by Magistrate Judge Sanket J. Bulsara on 10/28/2020. (Farrell, Gillian)
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| Filing 14 Letter MOTION for Extension of Time to File Answer re #1 Complaint, /Letter Motion for a 45-day extension of time up to and including December 7, 2020 to move, answer or otherwise respond to the complaint by HSBC Bank USA, NA. (Frontino, Brian) |
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ORDER: The Motion for Extension of Time to Answer #13 is granted. Defendant Equifax Information Services LLC shall file an answer to the Complaint by 11/23/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/22/2020. (Farrell, Gillian)
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| Filing 13 Letter MOTION for Extension of Time to File Answer re #1 Complaint, Stipulated Extension Request by Equifax Information Services LLC. (Stieber, Courtney) |
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Filing 12
SCHEDULING ORDER: An initial/telephone conference will be held on 1/08/2021 at 12:00 PM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 12:00 PM conference. Plaintiff are directed to notify defendants of this scheduling order at the time defendants makes an appearance with in the matter. Counsel are also directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 1/08/2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/20/2020. (Manson, Eddie)
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ORDER: The Motion for Extension of Time to Answer #11 is granted. Defendant Experian Information Solutions, Inc. shall answer the Complaint by 11/20/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/16/2020. (Farrell, Gillian)
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| Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint, by Experian Information Solutions, Inc.. (Burman, Ashley) |
| Filing 10 Corporate Disclosure Statement by Experian Information Solutions, Inc. identifying Corporate Parent Experian plc, Other Affiliate Opt-Out Services LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC for Experian Information Solutions, Inc.. (Burman, Ashley) |
| Filing 9 NOTICE of Appearance by Ashley Diane Burman on behalf of Experian Information Solutions, Inc. (aty to be noticed) (Burman, Ashley) |
| Filing 8 SUMMONS Returned Executed by David Rubin. Experian Information Solutions, Inc. served on 10/2/2020, answer due 10/23/2020. (Singer, Adam) |
| Filing 7 SUMMONS Returned Executed by David Rubin. HSBC Bank USA, NA served on 10/2/2020, answer due 10/23/2020. (Singer, Adam) |
| Filing 6 SUMMONS Returned Executed by David Rubin. Equifax Information Services LLC served on 10/1/2020, answer due 10/22/2020. (Singer, Adam) |
| Filing 5 NOTICE of Appearance by Brett David Sherman on behalf of David Rubin (aty to be noticed) (Sherman, Brett) |
| Filing 4 Summons Issued as to Equifax Information Services LLC, Experian Information Solutions, Inc., HSBC Bank USA, NA. (Attachments: #1 Summons, #2 Summons) (Davis, Kimberly) |
| 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) |
| Filing 1 COMPLAINT against Equifax Information Services LLC, Experian Information Solutions, Inc., HSBC Bank USA, NA filing fee $ 400, receipt number ANYEDC-13422019 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by David Rubin. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Proposed Summons: HSBC, #3 Proposed Summons Proposed Summons: Equifax, #4 Proposed Summons Proposed Summons: Experian) (Singer, Adam) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Sanket J. Bulsara. 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) |
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