Danese v. Credit Control, LLC et al
| Moshe Danese |
| LVNV Funding, LLC and Credit Control, LLC doing business as Credit Control & Collections, LLC |
| 1:2021cv00435 |
| January 26, 2021 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Cheryl L Pollak |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 Second MOTION for pre motion conference by LVNV Funding, LLC. (Attachments: #1 Exhibit) (Siachos, Peter) |
ORDER re #20 Second MOTION for pre motion conference filed by LVNV Funding, LLC. Plaintiff is respectfully directed to respond to defendant LVNV's #20 request for a pre motion conference by March 31, 2021. Plaintiff is ordered to specifically address defendant's contention that LVNV provided documentation accurately showing LVNV's ownership of the debt. Plaintiff should also address defendant's intention to move attorneys' fees, costs, and sanctions should defendant prevail on its motion. Ordered by Judge Kiyo A. Matsumoto on 3/25/2021. (Tran, Alexander)
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| Filing 19 STATUS REPORT (joint status report) by Moshe Danese (Cader, Jonathan) |
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Filing 18
SCHEDULING ORDER: An Initial Conference is set for 4/29/2021 @ 2:45 PM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:45 PM. Enter Access code: 380-1746 and security code: 21-0435. So Ordered by Chief Magistrate Cheryl L. Pollak on 3/17/2021. (Caggiano, Diana)
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| Filing 17 ANSWER to #14 Amended Complaint by Credit Control, LLC. (Watts, Patrick) |
| Filing 16 NOTICE of Appearance by Patrick A. Watts on behalf of Credit Control, LLC (notification declined or already on case) (Watts, Patrick) |
| ELECTRONIC ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Chief Magistrate Cheryl L. Pollak on 3/16/2021. (Bayer, Sarah) |
| Filing 15 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14277868. by Credit Control, LLC. (Attachments: #1 Affidavit in Support, #2 Exhibit MO Certificate of Good Standing, #3 Exhibit IL Certificate of Good Standing) (Watts, Patrick) |
| Filing 14 AMENDED COMPLAINT against Credit Control, LLC, LVNV Funding, LLC, filed by Moshe Danese. (Attachments: #1 Exhibit 1 - Collection Letter) (Cader, Jonathan) |
| Filing 13 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Credit Control, LLC. (Little, Brendan) |
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ORDER granting #13 Motion for Extension of Time to Answer Credit Control, LLC answer due 3/16/2021. The Court grants defendant Credit Control's request for an extension of time to respond to plaintiff's complaint, upon which plaintiff consents. Ordered by Judge Kiyo A. Matsumoto on 3/2/2021. (Tran, Alexander)
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| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Pre Motion Conference held on 2/25/2021 to discuss defendants' proposed motion to dismiss. Appearance for plaintiff: Jonathan Cader, Esq. Appearance for defendant LVNV Funding, LLC Kasey Mahoney, Esq.Defendant Credit Control, LLC has been served and Ms. Mahoney will notify the Court whether her firm intends to represent Credit Control. The Court ordered as follows: (1) by March 11, 2021, plaintiff will file an amended complaint, (2) in the meantime, defendants will provide documents supporting their defenses. By March 18, 2021, the parties shall file a joint letter advising the Court how the parties intend to proceed. If the parties intend to pursue motion practice, the parties will provide a jointly agreeable briefing schedule. (Court Reporter Victoria Butler.) (Tran, Alexander) |
| Filing 12 Letter in opposition to Defendants' request for a pre-motion conference (Dkt. No. 10) by Moshe Danese (Cader, Jonathan) |
| Filing 11 NOTICE of Appearance by Kasey Theresa Mahoney on behalf of LVNV Funding, LLC (aty to be noticed) (Mahoney, Kasey) |
| Filing 10 MOTION for pre motion conference by LVNV Funding, LLC. (Siachos, Peter) |
| Filing 9 NOTICE of Appearance by Peter G. Siachos on behalf of LVNV Funding, LLC (aty to be noticed) (Siachos, Peter) |
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ORDER granting defendant's #10 Motion for Pre Motion Conference. The court grants defendant's request for a pre motion conference. The court will hold a telephonic pre-motion conference on February 25, 2021 at 10:00 am. The parties should dial into the status conference on that date by calling 1-888-684-8852 and entering the following access code: 1312089. Plaintiff is respectfully directed to respond to defendant's #10 request for a pre motion conference by February 22, 2021. Ordered by Judge Kiyo A. Matsumoto on 2/17/2021. (Tran, Alexander)
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| Filing 8 SUMMONS Returned Executed by Moshe Danese. Credit Control, LLC served on 2/9/2021, answer due 3/2/2021. (Sanders, Craig) |
| Filing 7 CASE REFERRED to Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d). The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d) (3). An Arbitration Hearing will be scheduled after an Answer is filed. The hearing will occur approximately 120 days after filing of the Answer. (Credle, Rita) |
| Filing 6 SUMMONS Returned Executed by Moshe Danese. LVNV Funding, LLC served on 1/27/2021, answer due 2/17/2021. (Sanders, Craig) |
| 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 All Defendants. (Attachments: #1 LVNV summons) (Bowens, Priscilla) |
| Filing 2 NOTICE of Appearance by Jonathan Mark Cader on behalf of Moshe Danese (aty to be noticed) (Cader, Jonathan) |
| Filing 1 COMPLAINT against Credit Control, LLC d/b/a Credit Control & Collections, LLC, LVNV Funding, LLC filing fee $ 402, receipt number ANYEDC-14050401 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Moshe Danese. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Proposed Summons) (Sanders, Craig) |
| Case Assigned to Judge Kiyo A. Matsumoto and Chief Magistrate Cheryl L. Pollak. 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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