Winkler v. Sequium Asset Solutions, LLC
| Naftuli Winkler |
| Sequium Asset Solutions, LLC |
| 1:2022cv04834 |
| August 16, 2022 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Vera M Scanlon |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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Filing 6
SCHEDULING ORDER: A Telephonic Initial Conference is scheduled for 12/7/2022 at 12:00 p.m. before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Persons granted remote access to proceedings are reminded of the general prohibition against recording and rebroadcasting of court proceedings. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 11/22/2022. Ordered by Magistrate Judge Vera M. Scanlon on 10/5/2022. (JR)
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| Filing 5 Letter responding to the Court's Order to Show Cause by Sequium Asset Solutions, LLC (Little, Brendan) |
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ORDER TO SHOW CAUSE: On August 16, 2022, the Defendant Sequium Asset Solutions filed a #1 notice of removal of Plaintiff's lawsuit brought under the Fair Debt Collection Practices Act ("FDCPA"). Plaintiff alleges that Defendant's FDCPA violations have forced him to hire a lawyer, lowered his credit score by approximately 90 points, caused him to lose sleep, and "made Plaintiff feel nervous, uncomfortable and terribly frustrated." (ECF No. 1-1 paras. 46-50) He seeks statutory and actual damages, costs including attorney's fees and expenses, interest and other relief.The United States Supreme Court has held 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 a concrete injury. See TransUnion LLC v. Ramirez, 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."). In interpreting TransUnion, the Second Circuit has reiterated that "plaintiffs must show that the statutory violation caused them a concrete harm, regardless of whether the statutory rights violated were substantive or procedural." Maddox v. Bank of New York Mellon Trust Co., N.A., 19 F.4th 58, 64 n.2 (2d Cir. 2021). Courts in this district have applied that principle in FDCPA cases to find that a plaintiff lacks Article III standing where he does not set forth any concrete, particularized injuries apart from alleged statutory violations. See Grauman v. Equifax Info. Servs., LLC, 549 F. Supp. 3d 285 (E.D.N.Y. 2021); Bush v. Optio Sols., LLC, 551 F. Supp. 3d 66 (E.D.N.Y. 2021).By September 9, 2022, Defendant is required to file a letter showing cause why the undersigned should not respectfully recommend to the District Judge that this case be remanded to state court for lack of subject matter jurisdiction. Ordered by Magistrate Judge Vera M. Scanlon on 8/18/2022. (Scully, Nicole)
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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 LaShann DeArcy Hall and Magistrate Judge Vera M. Scanlon. 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) |
| Filing 2 Corporate Disclosure Statement by Sequium Asset Solutions, LLC (Little, Brendan) |
| Filing 1 NOTICE OF REMOVAL by Sequium Asset Solutions, LLC from Kings County Supreme, case number 519392/2022. ( Filing fee $ 402 receipt number ANYEDC-15851147) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B- Answer, #3 Civil Cover Sheet) (Little, Brendan) |
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| Plaintiff: Naftuli Winkler | |
| Represented By: | Tamir Saland |
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| Defendant: Sequium Asset Solutions, LLC | |
| Represented By: | Brendan Hoffman Little |
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