Cabiness v. Midland Credit Management, Inc.
| Julian L. Cabiness |
| Midland Credit Management, Inc. |
| 1:2023cv03205 |
| April 28, 2023 |
| 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on June 13, 2023. Subhan Tariq, Esq. appeared on behalf of plaintiff. Dana Briganti, Esq. on behalf of defendant.Defendant stated that the Georgia statute of limitations of six years applies, rather than the New York statute of limitations of three years, because the collection letter was sent to Plaintiff's address in Georgia. Plaintiff stated that the address was his winter home.The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. The parties are directed to file a joint status report by September 11, 2023 reporting on the progress of discovery and raising any issues which need to be addressed. If the parties would like a referral to court-annexed mediation they should file a joint request. A settlement conference will be held on October 19, 2023 at 2:00 pm in Courtroom 11C South, before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendant with complete settlement authority (other than counsel) must be present. Leave is granted for the defendants representative to participate by phone. Any request to convert the settlement conference from in person to remote must be filed jointly.The parties are directed to submit confidential ex parte settlement statements to Kuo_Chambers@nyed.uscourts.gov by October 11, 2023. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. (FTR LOG: 10:35 - 10:50) (RO) |
| Filing 7 Proposed Scheduling Order Joint by Midland Credit Management, Inc. (Briganti, Dana) |
| Filing 6 Defendant Midland Credit Management, Inc.'s ANSWER to Complaint with Affirmative Defenses by Midland Credit Management, Inc.. (Briganti, Dana) |
Filing 5
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on June 13, 2023 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By June 8, 2023, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendant's counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 5/11/2023. (RO)
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ORDER granting #4 Motion for Extension of Time to Answer. The deadline for Defendant to answer or otherwise respond to the Complaint is extended to May 29, 2023. Ordered by Magistrate Judge Peggy Kuo on 5/3/2023. (JR)
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| Filing 4 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Midland Credit Management, Inc.. (Briganti, Dana) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 1 NOTICE OF REMOVAL by Midland Credit Management, Inc. from Supreme Court of the State of New York, County of Queens, case number 706700/2023. ( Filing fee $ 402 receipt number ANYEDC-16646851) (Attachments: #1 Exhibit A - Summons and Verified Complaint, #2 Civil Cover Sheet) (Briganti, Dana) |
| 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. (SR) |
| 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. (SR) |
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| Plaintiff: Julian L. Cabiness | |
| Represented By: | Subhan Tariq |
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| Defendant: Midland Credit Management, Inc. | |
| Represented By: | Dana Brett Briganti |
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