Gentile v. American Express Company et. al.
| Anthony V. Gentile |
| American Express Company, American Express National Bank, Zwicker & Associates, P.C., Provest, LLC, Feisal Abderahman, Letisha Noel, Esq. and Jason P. Verhagen, Esq. |
| 1:2021cv07210 |
| December 31, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| LaShann DeArcy Hall |
| Consumer Credit |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Filing 42 MOTION to Dismiss by Feisal Abderahman, Provest, LLC. (Attachments: #1 Declaration In support of Dismissal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Memorandum in Support, #16 Memorandum in Opposition, #17 Memorandum in Support Reply, #18 Exhibit A- to Reply) (Gross, Marc) |
| Filing 41 MOTION to Withdraw #39 First MOTION for Extension of Time to File pre-answer Motion to Dismiss by Feisal Abderahman, Provest, LLC. (Gross, Marc) |
| Filing 40 AFFIDAVIT/AFFIRMATION re #39 First MOTION for Extension of Time to File pre-answer Motion to Dismiss, #38 Notice of Appearance Certificate of Service by Feisal Abderahman, Provest, LLC (Gross, Marc) |
| Filing 39 First MOTION for Extension of Time to File pre-answer Motion to Dismiss by Feisal Abderahman, Provest, LLC. (Gross, Marc) |
| Filing 38 NOTICE of Appearance by Marc J. Gross on behalf of Feisal Abderahman, Provest, LLC (aty to be noticed) (Gross, Marc) |
Filing 37
ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons stated in the attached Memorandum and Order, the Report and Recommendation #29 is ADOPTED in its entirety as the opinion of this Court. Plaintiffs motion #17 for remand is DENIED. The Clerk of Court is respectfully directed to mail a copy of this memorandum and order to the pro se Plaintiff. Ordered by Judge LaShann DeArcy Hall on 9/29/2022. (Syed, Ayla)
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ORDER: Defendant's request #7 for a pre-motion conference on its anticipated motion to dismiss is DENIED. The parties shall brief Defendant's motion to dismiss in accordance with this Court's Individuals Practices. Defendant shall serve Plaintiff with any motion to dismiss on or before October 31, 2022. Plaintiff shall serve Defendant with any opposition papers on or before November 30, 2022. Defendant shall serve any reply on or before December 14, 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. Defendant 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. The Clerk of Court is respectfully directed to mail a copy of this order to pro se Plaintiff. Ordered by Judge LaShann DeArcy Hall on 9/29/2022. (Syed, Ayla)
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| Filing 36 Plaintiff's Reply In Support of his #33 Objections, and In Response to Defendants' #35 Opposition filed by Anthony V. Gentile. (Gentile, Anthony). Modified event text on 6/24/2022 (Layne, Monique). |
| Filing 35 RESPONSE In Opposition to Plaintiff's Objections To Report & Recommendation filed by American Express Company, American Express National Bank, Letisha Noel, Esq, Provest, LLC, Jason P. Verhagen, Esq, Zwicker & Associates, P.C.. (Sanders, Arthur) Modified event text on 6/24/2022. (Layne, Monique). |
| Filing 34 OBJECTION to #29 Report and Recommendations --actually an objection to R&R ECF No. 30-- filed by Anthony V. Gentile. (Gentile, Anthony) |
| Filing 33 OBJECTION to #29 Report and Recommendations filed by Anthony V. Gentile. (Gentile, Anthony) |
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ORDER: Pro se plaintiff's request #31 #32 for an extension of time to file objections to the April 29, 2022 report and recommendation is GRANTED. Any objections shall be filed by June 1, 2022. The Clerk of Court is respectfully directed to mail a copy of this order to pro se Plaintiff. Ordered by Judge LaShann DeArcy Hall on 5/12/2022. (Williams, Erica)
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| Filing 32 First MOTION for Extension of Time to File Objections to Dkt. 30 -- Order/Report and Recommendation of Judge Bloom by Anthony V. Gentile. (Gentile, Anthony) |
| Filing 31 First MOTION for Extension of Time to File Objections to Report and Recommendation by Anthony V. Gentile. (Gentile, Anthony) |
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Filing 30
ORDER: Pro se plaintiff requests that the Court grant him permission to file electronically. ECF No. 27. As plaintiff is an attorney admitted in this district and maintains a PACER account, the request is granted. Plaintiff is permitted to continue to file electronically on the docket in this case. Ordered by Magistrate Judge Lois Bloom on 4/8/2022. (Yindra, Hannah)
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Filing 29
REPORT AND RECOMMENDATION: Plaintiff Anthony Gentile brings this pro se case alleging defendants violated his rights under the Fair Debt Collection Practices Act ("FDCPA") 15 U.S.C. 1692 et seq. ECF No. 18-4. Plaintiff seeks damages in the amount of $100,000.00. Id. Plaintiff filed his Amended Complaint in New York State Supreme Court, Kings County on December 21, 2021, and defendants, American Express Company, American Express National Bank, Zwicker & Associates, P.C., Letisha Noel, Esq., and Jason P. Verhagen, Esq., removed this case to this Court on December 31, 2021, based on federal question jurisdiction. ECF No. 1. Plaintiff moves to remand this action back to state court, for a second time. ECF No. 17. The Honorable LaShann DeArcy Hall referred plaintiff's motion to me for a Report and Recommendation in accordance with 28 U.S.C. 636(b). For the reasons set forth below, it is respectfully recommended that plaintiff's motion should be denied. See attached Report and Recommendation. Objections to R&R due by 4/22/2022. Ordered by Magistrate Judge Lois Bloom on 4/8/2022. (Yindra, Hannah)
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ORDER denying #28 Motion for Hearing. See ECF No. 29. Ordered by Magistrate Judge Lois Bloom on 4/8/2022. (Yindra, Hannah)
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| Filing 28 First MOTION for Hearing re #18 Memorandum in Opposition, #19 Memorandum in Opposition, #21 Reply in Support, #20 Reply in Support,, Reply to Response to Motion, #17 First MOTION to Remand to State Court (hearing in the form of oral argument on the motion) by Anthony V. Gentile. (Gentile, Anthony) |
| Filing 27 First MOTION for leave to allow Pro Se to Electronically File and to receive email notifications of all efilings by Anthony V. Gentile. (Gentile, Anthony) |
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ORDER granting #26 Motion to Withdraw as Attorney. The proposed order at ECF No. 26 is so ordered. Attorney Arthur Thomas Tergesen terminated. Ordered by Magistrate Judge Lois Bloom on 3/4/2022. (Yindra, Hannah)
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| Filing 26 First MOTION to Withdraw as Attorney for Provest and Feisal Abdelrahman by Provest, LLC. (Attachments: #1 Proposed Order to remove Arthur T. Tergesen as Counsel) (Tergesen, Arthur) |
| Filing 25 Letter in response to the Amex Defs. letter dated 1-25-22, Dkt. No. 15 by Anthony V. Gentile (Gentile, Anthony) |
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Filing 24
ORDER: Plaintiff requests that the Court accept his memorandum supporting his motion to remand, ECF No. #17 , and reply memoranda, ECF Nos. #20 , #21 . The Honorable LaShann DeArcy Hall referred plaintiff's motion to me for a Report and Recommendation on February 22, 2022. Plaintiff's request is granted; plaintiff's memoranda shall be considered without tables of content and authorities. See attached Order. Ordered by Magistrate Judge Lois Bloom on 2/23/2022. (Yindra, Hannah)
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| Filing 23 First MOTION to Amend/Correct/Supplement (seeking leave to correct Reply Memorandum [20-1 and 21-1] to include tables of content/authorities) by Anthony V. Gentile. (Attachments: #1 Exhibit Ex. A-Postal wrappers and mail tracking) (Gentile, Anthony) |
| Filing 22 First MOTION to Amend/Correct/Supplement #17 First MOTION to Remand to State Court (seeking leave to correct supporting Memorandum to include tables) by Anthony V. Gentile. (Gentile, Anthony) |
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ORDER REFERRING MOTION: Plaintiff's motion for remand #17 is respectfully referred to Magistrate Judge Lois Bloom for report and recommendation. The Court directs the Clerk of Court to serve a copy of this order on the pro se Plaintiff. Ordered by Judge LaShann DeArcy Hall on 2/22/2022. (Williams, Erica)
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| Filing 21 REPLY in Support re #19 Memorandum in Opposition, #17 First MOTION to Remand to State Court filed by Anthony V. Gentile. (Attachments: #1 Memorandum in Support Reply Memorandum in Response to Provest Defs. Opposition) (Gentile, Anthony) |
| Filing 20 REPLY in Support re #18 Memorandum in Opposition, #17 First MOTION to Remand to State Court , REPLY to Response to Motion re #17 First MOTION to Remand to State Court filed by Anthony V. Gentile. (Attachments: #1 Memorandum in Support Reply Memorandum in Response to Amex Opposition) (Gentile, Anthony) |
| Filing 19 MEMORANDUM In Opposition to Plaintiff's Motion to Remand filed by Provest, LLC. and Fiesal Abdelrahman (Attachments: #1 Declaration Tergesen Affirmation, #2 Exhibit Summons with Notice, #3 Exhibit Notice of Removal, #4 Exhibit Demand for Complaint, #5 Exhibit Complaint, #6 Exhibit Remand Order, #7 Exhibit Amended Complaint, #8 Exhibit Notice of Removal) (Tergesen, Arthur) Modified text to add add'l. deft. on 2/15/2022. (Layne, Monique). |
| Filing 18 MEMORANDUM in Opposition re #17 First MOTION to Remand to State Court filed by American Express Company, American Express National Bank, Letisha Noel, Esq, Jason P. Verhagen, Esq, Zwicker & Associates, P.C.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Sanders, Arthur) |
| Filing 17 First MOTION to Remand to State Court by Anthony V. Gentile. (Attachments: #1 Declaration, #2 Memorandum in Support) (Gentile, Anthony) |
| Filing 16 NOTICE of Change of email address added. Also, notice of appearance of pro se plaintiff. Once the filing has been made, you must login to www.pacer.gov and update your account. (Gentile, Anthony) |
| Filing 15 Letter addressing plf's correspondence - Doc. 14 by American Express Company, American Express National Bank, Letisha Noel, Esq, Jason P. Verhagen, Esq, Zwicker & Associates, P.C. (Sanders, Arthur) |
| Filing 14 RESPONSE in Opposition re #7 First MOTION for pre motion conference by Feisal Abderahman and along with request to hold motion in abeyance pending remand motion filed by Anthony V. Gentile. (Gentile, Anthony) |
| Filing 13 Corporate Disclosure Statement by Zwicker & Associates, P.C. (Sanders, Arthur) |
| Filing 12 ANSWER to Complaint by Zwicker & Associates, P.C., Letisha Noel, Esq, and Jason P. Verhagen, Esq.. (Sanders, Arthur) Modified on 1/13/2022 to add 2 attys. names atty. omitted when filing the answer. (Layne, Monique). |
| Filing 11 Corporate Disclosure Statement by American Express Company, American Express National Bank (Sanders, Arthur) |
| Filing 10 CERTIFICATE OF SERVICE by American Express Company, American Express National Bank re #9 Answer to Complaint (Sanders, Arthur) |
| Filing 9 ANSWER to Complaint by American Express Company, American Express National Bank. (Sanders, Arthur) |
| Filing 8 AFFIDAVIT of Service for Motion for Pre-motion Conference via Certified Mail served on Anthony Gentile on 1.11.2022, filed by Provest, LLC. (Tergesen, Arthur) |
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ORDER: Pro se Plaintiff is directed to file a response to Defendants' request #7 for a pre-motion conference regarding their anticipated motion to dismiss on or before January 21, 2022. Any letter response must not exceed three pages. The Clerk of Court is respectfully directed to mail a copy of this order to pro se Plaintiff. Ordered by Judge LaShann DeArcy Hall on 1/11/2022. (Williams, Erica)
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| Filing 7 First MOTION for pre motion conference by Feisal Abderahman and by Provest, LLC. (Tergesen, Arthur) |
| Filing 6 Corporate Disclosure Statement by Provest, LLC identifying Corporate Parent ProVest Holdings LLC for Provest, LLC. (Tergesen, Arthur) |
| Filing 5 NOTICE of Appearance by Arthur Thomas Tergesen on behalf of Feisal Abderahman (aty to be noticed) (Tergesen, Arthur) |
| Filing 4 NOTICE of Appearance by Arthur Thomas Tergesen on behalf of Provest, LLC (aty to be noticed) (Tergesen, Arthur) |
| 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 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| 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. (Bowens, Priscilla) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Lois Bloom. 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) |
| Filing 1 NOTICE OF REMOVAL by American Express Company, American Express National Bank, Letisha Noel, Esq., Jason P. Verhagen, Esq., Zwicker & Associates, P.C. from Supreme Court of the State of New York, County of Kings, Case Number 525472/2020. Was the Disclosure Statement on the Civil Cover Sheet completed - No. ( Filing fee $ 402 receipt number ANYEDC-15153922) (Attachments: #1 Civil Cover Sheet) (Sanders, Arthur) Modified on 1/3/2022 (Flanagan, Doreen). |
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