Smaia v. Portfolio Recovery Associates, LLC
| Sheindel Smaia |
| Portfolio Recovery Associates, LLC |
| 1:2021cv06384 |
| November 17, 2021 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Roanne L Mann |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| None |
Docket Report
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| Filing 11 MOTION for Sanctions by Sheindel Smaia. (Attachments: #1 Declaration in Support of Rule 11 Motion for Sanctions, #2 Memorandum in Support of Rule 11 Motion for Sanctions, #3 Exhibit 1, Notice of Rule 11 Motion for Sanction) (McCabe, Kara) |
| Filing 10 Notice of MOTION to Remand to State Court by Sheindel Smaia. (Attachments: #1 Declaration in Support of Motion to Remand, #2 Memorandum in Support of Motion to Remand, #3 Exhibit 1, Plaintiff's State Court Complaint, #4 Exhibit 2, Defendant's Notice of Removal) (McCabe, Kara) |
ORDER granting in part and denying in part #9 Motion for Pre Motion Conference. The Court admonishes plaintiff's counsel for failing to confer with defense counsel about the remand issue. As there thus is no stipulation, the parties are directed to comply with the briefing schedule set forth in this Court's Minute Entry of December 16, 2021 (DE #8). Ordered by Magistrate Judge Roanne L. Mann on 12/28/2021. (LK)
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| Filing 9 Letter MOTION for pre motion conference re #8 Set Deadlines,,,,,, Set Motion and R&R Deadlines/Hearings,,,,,, Initial Conference Hearing,,,,, by Portfolio Recovery Associates, LLC. (Steinlight, Stephen) |
| Filing 8 Minute Entry for Initial/Settlement/Premotion Conference Hearing held before Magistrate Judge Roanne L. Mann on 12/16/2021. The Court conducts a combined telephonic initial/settlement/premotion conference. Settlement discussions were held. Each party is directed to respond to the Court's settlement recommendation, via email, by close of business today, December 16, 2021. In the event no settlement is reached, the parties must, by December 27, 2021, meet and confer as to whether the parties will agree to remand the case to state court and file either a stipulation agreeing to remand the case or a joint-letter motion advising the Court that the parties will brief the remand issue. If no such stipulation is filed, plaintiff's motion to remand is due on January 4, 2022; defendant's opposition must be filed by January 25, 2022; and plaintiff's reply is due on February 1, 2022. The parties must also adhere to the following discovery deadlines: Pleadings for all parties may be amended as of right by February 11, 2022. Fact discovery must be completed by May 20, 2022. The parties have until May 31, 2022, to request a premotion conference for any contemplated Rule 56 motion before Judge Kuntz. See attached. (Ertzbischoff, Natasha) |
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ORDER re #8 Initial/Settlement/Premotion Conference. All parties have now responded to the Court's settlement proposal. Unfortunately, there is no settlement. The parties should comply with the schedule previously set by the Court. Ordered by Magistrate Judge Roanne L. Mann on 12/16/2021. (Ertzbischoff, Natasha)
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| Filing 7 NOTICE of Appearance by Craig B. Sanders on behalf of Sheindel Smaia (aty to be noticed) (Sanders, Craig) |
| Filing 6 Proposed Scheduling Order by Portfolio Recovery Associates, LLC (Steinlight, Stephen) |
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SCHEDULING ORDER: Due to a scheduling conflict, the combined initial conference/settlement conference scheduled for December 16 at 11:30 a.m. will instead commence at 10:30 a.m. Ordered by Magistrate Judge Roanne L. Mann on 12/11/2021. (Proujansky, Josh)
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Filing 5
SCHEDULING ORDER: A telephonic combined initial conference/settlement conference will be held on December 16, 2021 at 11:30 a.m. (See attached Scheduling Order.) Plaintiff and a client-representative must participate, along with counsel of record.Counsel are directed to confer to jointly fill out and docket the attached questionnaire by 3:00 p.m. on December 14, 2021. *** To dial in to the initial conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833. If the parties are initially unable to connect to the call, please try again as the third-party conference call system has been overloaded at times. Ordered by Magistrate Judge Roanne L. Mann on 11/29/2021. (LK)
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| Filing 4 ANSWER to Complaint by Portfolio Recovery Associates, LLC. (Steinlight, Stephen) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
| 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 NOTICE OF REMOVAL by Portfolio Recovery Associates, LLC from Kings County Supreme Court, case number 525480/2021. ( Filing fee $ 402 receipt number ANYEDC-15038965) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Filings, #3 Exhibit B - Notice of Filing Notice of Removal) (Steinlight, Stephen) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Roanne L. Mann. 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) |
| 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. (Davis, Kimberly) |
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| Plaintiff: Sheindel Smaia | |
| Represented By: | Kara Shannon McCabe |
| Represented By: | Craig B. Sanders |
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| Defendant: Portfolio Recovery Associates, LLC | |
| Represented By: | Stephen Jay Steinlight |
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