Steinmetz v. Financial Recovery Services, Inc.
| Joel Steinmetz |
| Financial Recovery Services, Inc. |
| 1:2022cv01833 |
| April 1, 2022 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Peggy Kuo |
| Eric N Vitaliano |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| None |
Docket Report
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| Document Text |
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Financial Recovery Services, Inc. (Etmund, Michael) |
| Filing 6 NOTICE of Appearance by Eliyahu Babad on behalf of Joel Steinmetz (notification declined or already on case) (Babad, Eliyahu) |
ORDER TO SHOW CAUSE. Defendant is ORDERED TO SHOW CAUSE by 04/26/2022 why this action should not be remanded to state court for lack of subject matter jurisdiction. Plaintiff alleges a statutory violation of the FCRA, but, as the Supreme Court recently clarified "[a]n injury in law is not an injury in fact" and the "mere risk of future harm, without more, cannot qualify as concrete harm." TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2197 (2021). A plaintiff must "clearly allege" facts demonstrating standing, Harry Total Gas & Power N. Am., Inc., 889 F.3d 104, 110 (2d Cir. 2018), and is obliged to "amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible." Boykin v. KeyCorp, 521 F.3d 202, 213 (2d Cir. 2008). The conclusory allegations of the complaint appear to be insufficient to demonstrate standing. See Pollak v. Portfolio Recovery Assocs., LLC, No. 21-cv-6738, 2022 WL 580946, at *1 (E.D.N.Y. Feb. 24, 2022) (finding that the plaintiff's claims of having wasted time, being confused, and risking damages by seeking legal advice did not establish concrete injury in an FDCPA action). Moreover, even plaintiff himself has expressly stated in his complaint that he has failed to "allege[] a U.S. Const. Article III-worthy case or controversy." Therefore, defendant must demonstrate why plaintiff has standing. Ordered by Judge Brian M. Cogan on 4/19/2022. (Weisberg, Peggy)
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| Case no longer referred to Magistrate Judge Peggy Kuo. (Bowens, Priscilla) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case 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. Ordered by Chief Judge Margo K. Brodie on 4/19/2022. (Bowens, Priscilla)
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| Filing 5 ANSWER to Complaint by Financial Recovery Services, Inc.. (Attachments: #1 Exhibit A - Terms and Conditions) (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. (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 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 506483/2022. ( Filing fee $ 402 receipt number ANYEDC-15433123) (Attachments: #1 Exhibit 1 - state court summons and complaint, #2 Civil Cover Sheet) (Etmund, Michael) |
| 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 Peggy Kuo. 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) |
| 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) |
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| Plaintiff: Joel Steinmetz | |
| Represented By: | Eliyahu Babad |
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| Defendant: Financial Recovery Services, Inc. | |
| Represented By: | Michael Thomas Etmund |
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