Wolkenfeld v. Financial Recovery Services, Inc.
| Meir Wolkenfeld |
| Financial Recovery Services, Inc. |
| 1:2021cv06202 |
| November 8, 2021 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| James R Cho |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| None |
Docket Report
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| Filing 9 Letter in response to order to show cause by Financial Recovery Services, Inc. (Etmund, Michael) |
ORDER TO SHOW CAUSE: On November 8, 2021, Defendant filed a #1 Notice of Removal of Plaintiff's lawsuit brought under the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (the "FDCPA"). Plaintiff alleges that Defendant violated provisions of the FDCPA by "engaging in abusive, deceptive and unfair practices" to collect the debt owed by Plaintiff. (Complaint, Dkt. #1 -1.) The Supreme Court has held that, even where a defendant's conduct is prohibited by statute, a plaintiff may not have standing to sue in federal court if the plaintiff has not suffered an injury in fact. See TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2205 (2021). Courts in this jurisdiction have applied that principle to cases with facts similar to those alleged in this case and found that the plaintiffs did not have standing to sue in federal court. See, e.g., Cavazzini v. MR Assocs, No. 21-CV-5087 (ARR) (ST), 2021 WL 5770273, at *6-8 (E.D.N.Y. Dec. 6, 2021) (finding lack of standing where the plaintiff alleged that the defendant violated the FDCPA by averring that "defendants engaged in abusive, deceptive, unfair, and unlawful means to collect the debt." (internal quotation marks omitted)). Such cases may, however, be brought in state courts, which have jurisdiction to enforce the FDCPA and are not bound by the injury in fact requirement of Article III of the Constitution. See Ciccone v. Cavalry Portfolio, No. 21-CV-2428 (JS) (JMW), 2021 WL 5591725, at *3 (E.D.N.Y. Nov. 29, 2021). Accordingly, by January 6, 2022, Defendant is required to file a letter showing cause why this case should not be remanded to state court for lack of subject matter jurisdiction. Plaintiff shall file a response to Defendant's letter on or before January 13, 2022. This order does not affect any of the deadlines in this case. Ordered by Judge Pamela K. Chen on 12/20/2021. (Mahkamova, Shirin)
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| Filing 8 NOTICE of Appearance by Craig B. Sanders on behalf of Meir Wolkenfeld (aty to be noticed) (Sanders, Craig) |
| Minute Entry: Initial Conference Hearing held on 12/10/2021 before Magistrate Judge James R. Cho. Appearances by counsel for all parties. The Court entered the following pretrial schedule: parties to exchange automatic disclosures by 12/17/2021; no amendment of the pleadings or joinder of additional parties permitted after 2/1/2022; and parties to complete fact discovery by 4/11/2022. Telephonic status conference scheduled for 3/10/2022 at 10:30 a.m. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. (AT&T Conference Bridge.) (Gillespie-Cardo, Saudia) |
| Filing 7 Proposed Scheduling Order by Financial Recovery Services, Inc. (Etmund, Michael) |
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Filing 6
SCHEDULING ORDER:A Telephonic-Initial Conference will be held at 12:00 p.m. on 12/10/2021 before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 12/8/2021. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Ordered by Magistrate Judge James R. Cho on 11/16/2021. (Attachments: #1 Chamber's Individual Rules) (Gillespie, Saudia)
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| Filing 5 ANSWER to Complaint by Financial Recovery Services, Inc.. (Etmund, Michael) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| 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. (Neptune, Pierre) |
| Filing 2 Corporate Disclosure Statement by Financial Recovery Services, Inc. (Etmund, Michael) |
| Filing 1 NOTICE OF REMOVAL by Financial Recovery Services, Inc. from Supreme Court of the State of New York County of Kings, case number 525356/2021. ( Filing fee $ 402 receipt number ANYEDC-15010763) (Attachments: #1 Exhibit 1 - state court summons and complaint, #2 Civil Cover Sheet) (Etmund, Michael) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Neptune, Pierre) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge James R. Cho. 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. (Neptune, Pierre) |
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| Plaintiff: Meir Wolkenfeld | |
| Represented By: | Kara Shannon McCabe |
| Represented By: | Craig B. Sanders |
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| Defendant: Financial Recovery Services, Inc. | |
| Represented By: | Michael Thomas Etmund |
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