Sarker v. Credit Corp Solutions, Inc.
| Farjana Sarker |
| Credit Corp Solutions, Inc. doing business as Tasman Credit |
| 1:2021cv05727 |
| October 14, 2021 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Eric N Vitaliano |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Defendant |
Docket Report
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| Document Text |
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ORDER. The parties' joint proposed briefing schedule is adopted. Moving papers shall be filed by 12/22/2021. Any opposition papers shall be served by 1/21/2022. Any reply papers shall be served by 2/4/2022. The fully-briefed motion shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule") by 2/4/2022. Ordered by Judge Eric N. Vitaliano on 11/30/2021. (Federowicz, Stephen)
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| Filing 15 Joint MOTION for Leave to File Document /Briefing Schedule on Defendant's Motion to Dismiss and Plaintiff's Motion to Remand by Credit Corp Solutions, Inc.. (Jiao, Chenxi) |
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ORDER. Having reviewing the parties'submissions at #9 through #12 , the Court determines that pre-motion conferences are unnecessary. Plaintiff and defendant may proceed with their respective motions. The Court will consider, together, plaintiff's motion to remand and, to the extent necessary, defendant's motion to dismiss. The parties are directed to file a joint proposed briefing schedule by 11/24/2021.Ordered by Judge Eric N. Vitaliano on 11/17/2021. (Federowicz, Stephen)
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| Filing 14 NOTICE by Farjana Sarker SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit decision in Luisi v. Portfolio Recovery Associates, LLC, 2:21-cv- 05725 (Nov. 16, 2021).) (Barshay, David) |
| Filing 13 Letter in response to Court's text Order. by Farjana Sarker (Barshay, David) |
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ORDER. Plaintiff is directed to respond, by 11/15/2021, to Defendant's motion for a pre-motion conference at #11 . Ordered by Judge Eric N. Vitaliano on 11/8/2021. (Federowicz, Stephen)
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| Filing 12 RESPONSE in Opposition re #11 MOTION for pre motion conference re #9 Letter MOTION for pre motion conference on proposed motion to dismiss, #1 Notice of Removal, TO REMAND TO STATE COURT and in OPPOSITION TO DEFENDANT'S PRE-MOTION CONFERENCE REQUEST filed by Credit Corp Solutions, Inc.. (Jiao, Chenxi) |
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ORDER. Defendant is directed to file a letter, by 11/5/2021, responding to Plaintiff's requests at #11 for a pre-motion conference on its proposed motion and to hold Defendant's proposed motion to dismiss in abeyance until the Court rules on Plaintiff's proposed motion to remand. Ordered by Judge Eric N. Vitaliano on 10/29/2021. (Federowicz, Stephen)
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| Filing 11 MOTION for pre motion conference re #9 Letter MOTION for pre motion conference on proposed motion to dismiss, #1 Notice of Removal, TO REMAND TO STATE COURT and in OPPOSITION TO DEFENDANT'S PRE-MOTION CONFERENCE REQUEST by Farjana Sarker. (Attachments: #1 Exhibit Order in Williams v. Credit Corp Solutions, Inc. d/b/a/ Tasman Credit, 2:21-cv-05729-GRB-SIL (E.D.N.Y. October 26, 2021), #2 Exhibit Complaint in Williams v. Credit Corp Solutions, Inc. d/b/a/ Tasman Credit, 2:21-cv-05729-GRB-SIL (E.D.N.Y. October 26, 2021)) (Barshay, David) |
| Filing 10 NOTICE of Appearance by Hilary Felice Korman on behalf of Credit Corp Solutions, Inc. (aty to be noticed) (Korman, Hilary) |
| Filing 9 Letter MOTION for pre motion conference on proposed motion to dismiss by Credit Corp Solutions, Inc.. (Jiao, Chenxi) |
| Filing 8 NOTICE of Appearance by Scott Evan Wortman on behalf of Credit Corp Solutions, Inc. (aty to be noticed) (Wortman, Scott) |
| Filing 7 NOTICE Designating Case To Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7. 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. An Arbitration Hearing will be scheduled after an Answer is filed. (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
| Filing 6 CERTIFICATE OF SERVICE by Credit Corp Solutions, Inc. re #1 Notice of Removal, #2 Corporate Disclosure Statement (Jiao, Chenxi) |
| Filing 5 AFFIDAVIT of Service for Notice of Removal with Exhibits, 7.1 Statement and Civil Cover Sheet served on Sarker on October 14,2021, filed by Credit Corp Solutions, Inc.., CERTIFICATE OF SERVICE by Credit Corp Solutions, Inc. re #2 Corporate Disclosure Statement, #1 Notice of Removal, (Jiao, Chenxi) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 2 Corporate Disclosure Statement by Credit Corp Solutions, Inc. identifying Corporate Parent Credit Corp Facilities Pty Ltd. for Credit Corp Solutions, Inc.. (Jiao, Chenxi) |
| Filing 1 NOTICE OF REMOVAL by Credit Corp Solutions, Inc. from Civil Court of the City of New York, Queens County, case number 21-022632. ( Filing fee $ 402 receipt number ANYEDC-14931977) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Pleading, #3 Exhibit 2 - Proposed Notice of Filing of Notice of Removal) (Jiao, Chenxi) |
| Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Marcia M. Henry. 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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| Plaintiff: Farjana Sarker | |
| Represented By: | David M. Barshay |
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| Defendant: Credit Corp Solutions, Inc. doing business as Tasman Credit | |
| Represented By: | Chenxi Jiao |
| Represented By: | Scott Evan Wortman |
| Represented By: | Hilary Felice Korman |
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