Elysium Financial Network, LLC v. Tixi
| ELYSIUM FINANCIAL NETWORK, LLC, d/b/a DEBT SAVVY and Elysium Financial Network, LLC doing business as Debt Savvy |
| Rashel Tixi, NATIONWIDE ACCOUNTS COLLECTABLE RELIEF, LLC, d/b/a SETT RELIEF, and Nationwide Accounts Collection Relief, LLC doing business as Sett Relief |
| Nationwide Accounts Collection Relief, LLC |
| Elysium Financial Network, LLC |
| 1:2021cv05310 |
| September 23, 2021 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Ramon E Reyes |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 23, 2022. A more recent docket listing may be available from PACER.
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ORDER: The Court is in receipt of the parties' letter #16 indicating they have reached a settlement in principle. Accordingly, the parties' request #16 to adjourn the February 24, 2022 pre-motion conference is GRANTED. The pre-motion conference is ADJOURNED sine die. In the event the parties do not finalize a settlement agreement, Plaintiff's anticipated motion to strike or dismiss shall be briefed as follows: Plaintiff shall serve any motion on Defendants by April 29, 2022. Defendants' opposition shall be served on Plaintiff by May 27, 2022. Plaintiff shall serve its reply, if any, by June 10, 2022. As a courtesy, unless objected to by the parties, the Court asks that the parties file the motion only once it is fully briefed. Plaintiff shall provide the Court with a courtesy copy of the filed, stamped, fully briefed motion within two business days of filing. Memoranda of law and courtesy copies shall comply with this Court's Individual Practices. Ordered by Judge LaShann DeArcy Hall on 2/23/2022. (Syed, Ayla)
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| Filing 16 First MOTION to Adjourn Conference Joint Request by Elysium Financial Network, LLC. (Callner, Michelle) |
| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Video Initial Conference Hearing held on 2/22/2022. Case called. Plaintiff represented by Michelle Callner, Esq. Defendant represented by Eleazar Jacobs, Esq. Discussions held on the record. Case Management Statement #15 is approved. All discovery, including depositions of experts, shall be completed on or before 8/12/2022. Final Pretrial Conference set for 8/16/2022 at 10:30 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr., Telephone Conference set for 6/14/2022 at 12:30 PM dialing the AT&T toll-free number 1-888-684-8852 and Access Code 5496961# to join the teleconference before Magistrate Judge Ramon E. Reyes, Jr. Settlement discussions held off the record. (FTR Log #Webex Audio 10:30-10:55 Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript.) (Vertus, Miriam) |
| Filing 15 CASE MANAGEMENT STATEMENT (Callner, Michelle) |
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ORDER: Plaintiff's request #12 for a pre-motion conference on Plaintiff's anticipated motion to dismiss or strike Defendant's defenses and counterclaims is GRANTED. A telephonic pre-motion conference shall be held on February 24, 2022 at 9:00 a.m. The parties are directed to call 1-888-684-8852 and use the access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Ordered by Judge LaShann DeArcy Hall on 2/9/2022. (Williams, Erica)
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ORDER: Due to a change in the Court's calendar the 2/10/2022 Video Initial Conference is adjourned to 2/22/2022 at 10:30 AM before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/4/2022. (Vertus, Miriam)
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Filing 14
SCHEDULING ORDER: Initial Conference set for 2/10/2022 at 10:00 AM via video before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the Zoomgov invitation link sent to the email addresses listed on the docket and all other participates may join by phone dialing 1 551 285 1373 (US) Meeting ID: 160 946 2223 Passcode: 858261. 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. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 2/7/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/28/2021. (Vertus, Miriam)
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| Filing 13 RESPONSE in Opposition re #12 First MOTION to Dismiss for Failure to State a Claim pursuant to FRCP 12(b)(6) and to Strike Affirmative Defenses pursuant to FRCP 12(f) filed by Nationwide Accounts Collection Relief, LLC, Rashel Tixi. (Jacobs, Eleazar) |
| Filing 12 First MOTION to Dismiss for Failure to State a Claim pursuant to FRCP 12(b)(6) and to Strike Affirmative Defenses pursuant to FRCP 12(f) by Elysium Financial Network, LLC. (Callner, Michelle) |
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ELECTRONIC ORDER granting #10 Motion for Plaintiff Extension of Time to Answer Defendants' Answer and Counterclaims by 12/10/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/24/2021. (Vertus, Miriam)
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| Filing 11 Corporate Disclosure Statement by Elysium Financial Network, LLC (Callner, Michelle) |
| Filing 10 First MOTION for Extension of Time to File Answer re #9 Answer to Complaint, Counterclaim Request to So-Order Stipulation to Extend Plaintiff's Time to Respond to Defendants' Answer and Counterclaims by Elysium Financial Network, LLC. (Callner, Michelle) |
| Filing 9 ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by All Defendants. (Jacobs, Eleazar) |
| Filing 8 NOTICE of Appearance by Eleazar Jacobs on behalf of All Defendants (aty to be noticed) (Jacobs, Eleazar) |
| Filing 7 SUMMONS Returned Executed by Elysium Financial Network, LLC. Rashel Tixi served on 10/16/2021, answer due 11/8/2021. (Callner, Michelle) |
| Filing 6 SUMMONS Returned Executed by Elysium Financial Network, LLC. Nationwide Accounts Collection Relief, LLC served on 10/16/2021, answer due 11/8/2021. (Callner, Michelle) |
| 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 Nationwide Accounts Collection Relief, LLC, Rashel Tixi. (Attachments: #1 Nationwide summons) (Bowens, Priscilla) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Elysium Financial Network, LLC (Attachments: #1 Proposed Summons Request for Summons (Tixi), #2 Proposed Summons Request for Summons (Sett Relief) (Callner, Michelle) (Main Document 2 replaced on 10/4/2021) (Bowens, Priscilla). |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Ramon E. Reyes, Jr. 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) |
| Notice: Re: Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please submit Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Rashel Tixi, NATIONWIDE ACCOUNTS COLLECTABLE RELIEF, LLC, d/b/a SETT RELIEF, filing fee $ 402, receipt number ANYEDC-14867998 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by ELYSIUM FINANCIAL NETWORK, LLC, d/b/a DEBT SAVVY. (Callner, Michelle) |
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