Clarke v. McCabe, Weisberg & Conway, LLC
| Elma Clarke and Elma Durant |
| McCabe, Weisberg & Conway, LLC |
| 1:2022cv03289 |
| June 3, 2022 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Peggy Kuo |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| None |
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Filing 8
ORDER DISMISSING CASE: For the reasons stated in the attached memorandum and order, plaintiff's motion to amend is denied, and the case is dismissed without prejudice to refiling in state court if appropriate. The Clerk of Court is respectfully directed to enter judgment and close the case. Ordered by Judge Rachel P. Kovner on 8/1/2022. (Daus, Benjamin)
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| Filing 7 Letter Re: Case should not be dismissed for lack of subject-matter jurisdiction by Elma Clarke (Marino, Charles) |
| Filing 6 APPROVAL re #2 Motion for Refund of Fees Paid Electronically. The duplicate payment of the filing fee has been confirmed. Filing fee $402.00, BNYEDC-15626331 is to be refunded. Signed Brenna B. Mahoney, Clerk of Court by Tiffeny Lee-Harris Case Administration Manager on 6/6/2022. (Lee, Tiffeny) |
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ORDER TO SHOW CAUSE: Plaintiff's Complaint alleges that defendant violated the Fair Debt Collection Practices Act, 15 U.S.C 1692 et seq. (the "FDCPA") by sending a letter to plaintiff rather than plaintiff's counsel, failing to itemize the amount owed, and misidentifying the creditor as "Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust, Series 2005-OPT" rather than "Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust, Series 2005-OPT2." See Compl. 11-17 (Dkt. #1). Plaintiff does not appear to identify any concrete injury that she actually suffered from these alleged violations. In 2021, the Supreme Court decided TransUnion LLC v. Ramirez, and established that, even where a defendant's conduct is prohibited by statute, a plaintiff may not have standing to sue in federal court if the plaintiff has not suffered an injury in fact. 141 S. Ct. 2190, 2205 (2021) ("[A]n important difference exists between (i) a plaintiff's statutory cause of action to sue a defendant over the defendant's violation of federal law, and (ii) a plaintiff's suffering concrete harm because of the defendant's violation of federal law."). To have standing, a plaintiff must allege a harm that "has a 'close relationship' to a harm traditionally recognized as providing a basis for a lawsuit in American courts -- such as physical harm, monetary harm, or various intangible harms including (as relevant here) reputational harm." Id. at 2200 (quoting Spokeo, Inc. v. Robins, 578 U. S. 330, 340-341, (2016)). Since TransUnion, courts in this circuit applying this principle have found that when plaintiffs fail to allege injuries in fact, they lack standing to sue in federal court. Examples of allegations that fail to meet the injury-in-fact standard include allegations that errors in notices produced confusion or resulted in wasted time and effort. See e.g., Cavazzini v. MRS Assocs., 2021 WL 5770273, at *7 (E.D.N.Y. Dec. 6, 2021) ("Multiple courts have found [mere] alleged confusion to be insufficient for standing in the FDCPA context." (collecting cases)); see ibid. ("A plaintiff who has failed to assert a concrete injury supporting any of his other claims cannot clear the standing threshold by claiming wasted time; to allow otherwise would enable litigants to manufacture standing merely by inflicting harm on themselves." (internal quotation marks and citations omitted)).Here, the complaint does not appear to allege any injury, let alone one that meets the injury-in-fact standard. Accordingly, by June 18, 2022, plaintiff is directed to file a letter showing cause why this case should not be dismissed for lack of subject-matter jurisdiction. Ordered by Judge Rachel P. Kovner on 6/6/2022. (Daus, Benjamin)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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 3 Summons Issued as to McCabe, Weisberg & Conway, LLC. (Attachments: #1 MWC summons) (Bowens, Priscilla) |
| Filing 2 MOTION for Refund of Fees Paid Electronically by ELMA CLARKE. (Attachments: #1 Exhibit A - RECEIPT) (Marino, Charles) |
| Filing 1 COMPLAINT CLASS ACTION against McCabe, Weisberg & Conway, LLC filing fee $ 402, receipt number ANYEDC-15626382 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by ELMA CLARKE. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons) (Marino, Charles) |
| Case Assigned to Judge Rachel P. Kovner 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) |
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