Berger v. Flagstar Bank
| Joseph Berger |
| Flagstar Bank |
| 1:2022cv04626 |
| August 5, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Eric R Komitee |
| Consumer Credit |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| None |
Docket Report
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Order of Remand to State Court -- Defendant's motion to remand this case to state court for lack of Article III standing, in which Plaintiff has consented, is granted. This case is remanded to the Supreme Court of the State of New York, Kings County. The Clerk of Court is respectfully directed to remand the action, send a certified copy of this Order to the Clerk of that court, and close this case. Ordered by Judge Eric R. Komitee on 8/29/2022. (certified copy mailed). (Guy, Alicia)
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Filing 8
ORDER: Defendant writes in response to the Court's August 10, 2022, Order to Show Cause and reports that the parties consent to remand this action to Kings County Supreme Court. ECF No. #7 . Accordingly, the initial conference scheduled for September 13, 2022, is canceled. Ordered by Magistrate Judge Lois Bloom on 8/24/2022. (Yindra, Hannah)
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| Filing 7 Letter Responding to Order to Show Cause, Dkt. No. 4 by Flagstar Bank (Philip, Lijue) |
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Filing 6
ORDER: Defendant requests, with plaintiff's consent, an extension of time to respond to the Complaint. ECF No. #5 . The request is granted. Defendant shall respond to plaintiff's Complaint by August 23, 2022. The Court encourages the parties to discuss settlement of this matter. See attached Order. Ordered by Magistrate Judge Lois Bloom on 8/11/2022. (Yindra, Hannah)
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| Filing 5 Consent MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Flagstar Bank. (Philip, Lijue) |
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Filing 4
ORDER: Defendant Flagstar Bank removed this Fair Credit Reporting Act ("FCRA") case from Kings County Supreme Court, invoking this Court's federal question jurisdiction, on August 5, 2022. ECF No. 1. In its 2021 decision TransUnion LLC v. Ramirez, the Supreme Court clarified that a violation of the FCRA does not itself constitute a concrete injury as required for Article III standing. 141 S.Ct. 2190, 2205 (2021) ("For standing purposes, therefore, an 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"). Since TransUnion, Courts in this district have found that plaintiffs without a concrete injury-in-fact did not have standing to sue in federal court. See e.g., Gross v. TransUnion, LLC, No. 21-CV-1329, 2022 WL 2116669, at *3 (E.D.N.Y. June 13, 2022) (plaintiff's allegations "fail to show how [defendant's] credit alleged error caused plaintiff to suffer a 'concrete and particularized' harm"); Zlotnick v. Equifax Info. Servs., LLC, No. 21-CV-7089, 2022 WL 351996, at *3 (E.D.N.Y. Feb. 3, 2022) ("[a] lowered credit score in and of itself is not a concrete harm"). In light of these decisions, defendant shall show good cause by letter why this case should not be remanded to state court for lack of standing by August 23, 2022. Plaintiff may respond to defendant's letter, if necessary, by August 30, 2022. Unless this matter is remanded to state court on the parties' consent by September 6, 2022, the Court shall hold the initial conference by telephone on September 13, 2022, at 11:00 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 11:00 a.m. No planning conference pursuant to Rule 26(a) shall be required at this time. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. See attached Order. Ordered by Magistrate Judge Lois Bloom on 8/10/2022. (Yindra, Hannah)
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| 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 NOTICE OF REMOVAL by Flagstar Bank from Supreme Court of the State of New York, County of Kings, case number 513921/2022. ( Filing fee $ 402 receipt number ANYEDC-15818306) (Attachments: #1 Exhibit A: State Court Filings, #2 Exhibit B: State Court Docket, #3 Exhibit C: State Notice of Removal, #4 Certificate of Service, #5 Civil Cover Sheet) (Philip, Lijue) |
| Case Assigned to Judge Eric R. Komitee 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. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
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| Plaintiff: Joseph Berger | |
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| Defendant: Flagstar Bank | |
| Represented By: | Lijue Thomas Philip |
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