King v. Commonwealth Financial Systems, Inc.
| Erlene King |
| Commonwealth Financial Systems, Inc. |
| 1:2022cv02034 |
| April 8, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Rachel P Kovner |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| None |
Docket Report
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This docket was last retrieved on April 21, 2022. A more recent docket listing may be available from PACER.
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ORDER: In light of defendant's letter #6 consenting to remand of this case to state court, this case is remanded to state court, see 28 U.S.C. 1447(c). The Clerk of Court is respectfully directed to mail a certified copy of this order to the clerk of the state court. Ordered by Judge Rachel P. Kovner on 4/21/2022. (Bell, Jason)
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by Commonwealth Financial Systems, Inc. (Easley, Aaron) |
| Filing 5 CERTIFICATE OF SERVICE by Commonwealth Financial Systems, Inc. re Order to Show Cause,,, Letter forwarding Order (Easley, Aaron) |
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ORDER: Defendant's notice of removal #1 argues that federal-question jurisdiction exists in this case because plaintiff's state-law claim for intentional infliction of emotional distress "is derived from, founded upon and has as its basis violation of" the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Courts in this circuit have found that neither of those statutes completely preempt state law such that federal courts have jurisdiction over state-law claims within the scope of those statutes. See Torres v. Bay Area Credit Servs., No. 20-CV-9342 (ALC), 2021 WL 406744, at *1-*2 (S.D.N.Y. Feb. 5, 2021). Given that line of authority, defendant shall show cause why this Court has subject-matter jurisdiction over plaintiff's claim by 4/26/2022. Defendant is directed to serve a copy of this order on plaintiff and file proof of service on the docket by 4/19/2022. Ordered by Judge Rachel P. Kovner on 4/12/2022. (JB).
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| 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 Judge Rachel P. Kovner and Magistrate Judge Sanket J. Bulsara. 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 Commonwealth Financial Systems, Inc. (Easley, Aaron) |
| Filing 1 NOTICE OF REMOVAL by Commonwealth Financial Systems, Inc. from Civil Court of the City of New York, County of Queens, case number CV-004536-22/QU. ( Filing fee $ 402 receipt number ANYEDC-15457770) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Summons and Complaint, #3 Exhibit B - Notice of Filing Notice of Removal) (Easley, Aaron) |
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| Plaintiff: Erlene King | |
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| Defendant: Commonwealth Financial Systems, Inc. | |
| Represented By: | Aaron R Easley |
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