Melvin v. Portfolio Recovery Associates, LLC
| Areline Melvin |
| Portfolio Recovery Associates, LLC |
| 1:2021cv06754 |
| December 6, 2021 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Ramon E Reyes |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| Filing 14 Amended MOTION to Amend/Correct/Supplement #13 MOTION to Remand to State Court by Areline Melvin. (Attachments: #1 Declaration Atty. Decl. in Supp. of Mot. to Remand, #2 Exhibit Ex. 1 to Atty's Declaration - S&C, #3 Exhibit Ex. 2 to Atty's Declaration - Not. of Removal, #4 Memorandum in Support of Mot. to Remand) (McCabe, Kara) |
| Filing 13 MOTION to Remand to State Court by Areline Melvin. (McCabe, Kara) |
ORDER granting #12 proposed briefing schedule. The Court adopts the parties' proposed briefing schedule for plaintiff's motion to remand, and, as a courtesy to the Court, requests that the parties file the fully-briefed motion on or before February 11, 2022. Ordered by Chief Judge Margo K. Brodie on 1/13/2022. (Acquie, Dianisbeth)
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| Filing 12 Letter RE: Proposed Briefing Scheduling with Respect to Plaintiffs Anticipated Motion to Remand by Areline Melvin (McCabe, Kara) |
| Filing 11 Letter in response to the Courts December 28, 2021 order requesting PRA to address whether case law supports that Plaintiff has standing in this action. by Portfolio Recovery Associates, LLC (Goldstein, Philip) |
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ORDER: The parties are directed to confer and file a proposed briefing schedule for plaintiff's anticipated motion to remand on or before January 14, 2022. Ordered by Chief Judge Margo K. Brodie on 1/7/2022. (Acquie, Dianisbeth)
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| Filing 10 Letter In Response and in Opposition to Defendants Application for Exemption from Compulsory Arbitration (Dkt. No. 8). by Areline Melvin (McCabe, Kara) |
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ORDER. The Court directs defendant, on or before January 7, 2022, to address whether case law supports that plaintiff has standing in this action. Defendant should specifically address whether plaintiff has sufficiently alleged that she suffered concrete, particularized injury in fact distinct from the statutory violations as necessary to support standing in light of the Supreme Court's decision in TransUnion LLC v. Ramirez, 141 S.Ct. 2190 (2021) and the Second Circuit's decision in Maddox v. Bank of New York Mellon Tr. Co., N.A., 19 F.4th 58 (2d Cir. 2021). Ordered by Chief Judge Margo K. Brodie on 12/28/2021. (Acquie, Dianisbeth)
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| Filing 9 Notice of Related Case: The Civil Cover Sheet filed in civil action 21-cv-06953(KAM)(ST) indicates a related case. (Jakubowski, Laura) |
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ORDER re #8 Defendant's letter regarding arbitration. The Court orders Plaintiff to respond to Defendant's letter on or before December 28, 2021. Ordered by Chief Judge Margo K. Brodie on 12/20/2021. (Acquie, Dianisbeth)
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| Filing 8 Letter re: Arbitration by Portfolio Recovery Associates, LLC (Goldstein, Philip) |
| Filing 7 NOTICE DESIGNATING CASE TO ARBITRATION and NOTICE OF ARBITRATION HEARING The Arbitration hearing is scheduled for: March 22, 2022 @ 10:00 a.m. The deadline to select the arbitrator and schedule a pre-arbitration conference with the arbitrator is February 11, 2022.Counsel shall select an Arbitrator from the Courts Panel of Arbitrators and file a fully executed Stipulation for Selection of Arbitrator with the court. The Stipulation for Selection of Arbitrator can be found here: https://www.nyed.uscourts.gov/adr-forms. Counsel will not enter the Stipulation on the docket. Counsel willreturn the fully executed Stipulation to the ADR Coordinator, Rita Credle at: Rita_credle@nyed.uscourts.gov. (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
| Filing 6 NOTICE of Appearance by Craig B. Sanders on behalf of Areline Melvin (aty to be noticed) (Sanders, Craig) |
| Filing 5 ANSWER to Complaint by Portfolio Recovery Associates, LLC. (Goldstein, Philip) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Case Assigned to Chief Judge Margo K. Brodie 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. (Davis, Kimberly) |
| Filing 2 Corporate Disclosure Statement by Portfolio Recovery Associates, LLC identifying Corporate Parent PRA Group, Inc. for Portfolio Recovery Associates, LLC. (Goldstein, Philip) |
| Filing 1 NOTICE OF REMOVAL by Portfolio Recovery Associates, LLC from Supreme Court of the State of New York, County of Kings, case number 528926/2021. ( Filing fee $ 402 receipt number ANYEDC-15090033) (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Notice to State Court, #3 Civil Cover Sheet, #4 Certificate of Service) (Goldstein, Philip) |
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| Plaintiff: Areline Melvin | |
| Represented By: | Kara Shannon McCabe |
| Represented By: | Craig B. Sanders |
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| Defendant: Portfolio Recovery Associates, LLC | |
| Represented By: | Philip A. Goldstein |
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