Yadgarov v. Equifax Information Services, LLC et al
| Angela Yadgarov |
| Equifax Information Services, LLC and Phoenix Financial Services LLC |
| 1:2022cv02554 |
| May 4, 2022 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Diane Gujarati |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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ORDER denying #10 Letter Motion for pre motion conference and #14 granting leave to amend: In her June 28, 2022 letter in response to the Court's June 21, 2022 Order, Plaintiff requests leave to amend the Complaint in this action and sets forth the nature of the contemplated amendment. See ECF No. 14. The Court has determined that leave to amend is appropriate here, where the record does not reflect any undue delay, bad faith by Plaintiff, that amendment at this stage will result in undue prejudice to Defendants, or that amendment would be futile. See Fed. R. Civ. P. 15(a)(2) (providing that "[t]he court should freely give leave [to amend] when justice so requires"); Adlife Mktg. & Commc'ns Co. v. Best Yet Mkt. Inc.,, No. 17-CV-02978, 2018 WL 4568801, at *1 (E.D.N.Y. Sept. 24, 2018) ("Unless there is a showing of bad faith, undue delay, futility or undue prejudice to the non-moving parties, the district court should grant leave to amend."). Plaintiff shall file her amended complaint on or before August 1, 2022, in accordance with the undersigned's Individual Practice Rules. See Individual Practice Rule I.E. Defendant Phoenix Financial Services LLC's #10 Letter Motion for pre-motion conference is denied without prejudice to Defendant renewing its request after that deadline. Ordered by Judge Diane Gujarati on 7/1/2022. (Almonte, Kelly)
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| Filing 14 Letter Responding to the Honorable Diane Gujarati's June 21, 2022 Order and Requesting Leave to Amend the Complaint by Angela Yadgarov (Merritt, Christofer) Modified on 7/1/2022 to correct event type. (Almonte, Kelly) |
| Filing 13 ANSWER to #1 Complaint, by Equifax Information Services, LLC. (Brownstein, Boris) |
| Filing 12 Corporate Disclosure Statement by Equifax Information Services, LLC identifying Corporate Parent Equifax Inc. for Equifax Information Services, LLC. (Brownstein, Boris) |
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ORDER re: #10 Letter Motion for pre motion conference: Pursuant to the undersigned's Individual Practice Rules, when a party responds to a pre-motion letter in anticipation of a motion to dismiss, the party must state whether it will seek leave to amend in light of one or more of the alleged pleading defects and must indicate the nature of any contemplated amendment. See Individual Practice Rule III.A.3. Plaintiff's #11 submission in response to Defendant's #10 Letter Motion for pre motion conference does not state whether Plaintiff will seek leave to amend. Plaintiff is directed to, by June 28, 2022, indicate in writing whether Plaintiff will seek leave to amend in light of one or more of the alleged pleading defects and, if so, set forth the nature of any contemplated amendment. Ordered by Judge Diane Gujarati on 6/21/2022. (Almonte, Kelly)
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| Filing 11 REPLY in Opposition re #10 Letter MOTION for pre motion conference to discuss its proposed Motion to Dismiss filed by Angela Yadgarov. (Merritt, Christofer) |
| Filing 10 Letter MOTION for pre motion conference to discuss its proposed Motion to Dismiss by Phoenix Financial Services LLC. (Easley, Aaron) |
| Filing 9 Letter MOTION for Extension of Time to File Answer by Phoenix Financial Services LLC. (Easley, Aaron) |
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ORDER granting #9 Motion for Extension of Time to Answer. Defendant Phoenix Financial Services LLC shall answer, move or otherwise respond to the complaint by 6/14/2022. Ordered by Magistrate Judge James R. Cho on 5/31/2022. (Gillespie-Cardo, Saudia)
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| Filing 8 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Equifax Information Services, LLC. (Brownstein, Boris) |
| Filing 7 NOTICE of Appearance by Boris Brownstein on behalf of Equifax Information Services, LLC (aty to be noticed) (Brownstein, Boris) |
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ORDER granting #8 Motion for Extension of Time to Answer. Defendant Equifax Information Services, LLC shall answer, move or otherwise respond to the complaint by 6/27/2022. Ordered by Magistrate Judge James R. Cho on 5/25/2022. (Gillespie-Cardo, Saudia)
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| Filing 6 SUMMONS Returned Executed by Angela Yadgarov. Phoenix Financial Services LLC served on 5/9/2022, answer due 5/30/2022. (Merritt, Christofer) |
| Filing 5 SUMMONS Returned Executed by Angela Yadgarov. Equifax Information Services, LLC served on 5/5/2022, answer due 5/26/2022. (Merritt, Christofer) |
| Filing 4 Summons Issued as to Equifax Information Services, LLC, Phoenix Financial Services LLC. (Attachments: #1 Summons) (Davis, Kimberly) |
| 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 COMPLAINT against Equifax Information Services, LLC, Phoenix Financial Services LLC filing fee $ 402, receipt number ANYEDC-15534830 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Angela Yadgarov. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Equifax Information Services, LLC, #3 Proposed Summons Phoenix Financial) (Merritt, Christofer) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge James R. Cho. 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) |
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