Dingle v. Long Island Auto Recovery, Inc. et al
| Kevin Dingle |
| Long Island Auto Recovery, Inc. and Capital One Auto Finance, Inc. |
| 1:2023cv05888 |
| August 3, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Rachel P Kovner |
| Cheryl L Pollak |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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| Minute Entry for Initial Conference proceedings held on 9/29/2023 before Magistrate Judge James R. Cho. Appearances by counsel for all parties. Case discussed. Even though defendant Long Island Auto Recovery filed an answer to the Complaint, it also has filed a premotion conference request in anticipation of filing a motion to dismiss. The Court granted the request by co-defendant Capital One Auto Finance to hold entering the discovery schedule in abeyance pending a ruling on the premotion request. All parties are open to an early resolution of the case. The Court encourages the parties to discuss settlement privately.Telephonic status conference scheduled for 11/3/2023 at 9:30 a.m. before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 106-5334. At the conference, the Court anticipates entering a discovery schedule. If the parties would like to participate in a settlement conference with the Court, they should come prepared to propose dates for a settlement conference. (AT&T Conference Bridge.) (TT) |
ORDER: Per Individual Rule IV.A, plaintiff shall respond to the #14 request for a pre-motion conference by 10/5/2023. Ordered by Judge Rachel P. Kovner on 9/28/2023. (Miyamoto, Matthew)
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| Filing 15 REPORT of Rule 26(f) Planning Meeting (Zelman, Yitzchak) |
| Filing 14 Letter requesting permission to move to dismiss and for pre-motion conference by Long Island Auto Recovery, Inc. (Sherman, Marc) |
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Filing 13
SCHEDULING ORDER: A telephonic initial conference will be held on 9/29/2023 at 3:00 p.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 9/27/2023. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 9/12/2023. (Attachments: #1 Chamber's Individual Rules) (TT)
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| Filing 12 ANSWER to #1 Complaint, by Long Island Auto Recovery, Inc.. (Sherman, Marc) |
| Filing 11 Letter requesting 10-day extension to respond to Complaint by Long Island Auto Recovery, Inc. (Sherman, Marc) Modified event on 8/31/2023 (TT). |
| Filing 10 NOTICE of Appearance by Marc Adam Sherman on behalf of Long Island Auto Recovery, Inc. (aty to be noticed) (Sherman, Marc) |
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ORDER granting #11 Motion for Extension of Time to Answer. Defendant Long Island Auto Recovery, Inc. shall answer, move or otherwise respond to the complaint by 9/11/2023. Ordered by Magistrate Judge James R. Cho on 8/31/2023. (TT)
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| Filing 9 ANSWER to #1 Complaint, by Capital One Auto Finance, Inc.. (Belfort, Gerard) |
| Filing 8 Corporate Disclosure Statement by Capital One Auto Finance, Inc. identifying Corporate Parent Capital One Financial Corporation, Other Affiliate Capital One, N.A. for Capital One Auto Finance, Inc.. (Belfort, Gerard) |
| Filing 7 NOTICE of Appearance by Gerard Belfort on behalf of Capital One Auto Finance, Inc. (aty to be noticed) (Belfort, Gerard) |
| Filing 6 SUMMONS Returned Executed by Kevin Dingle. Long Island Auto Recovery, Inc. served on 8/8/2023, answer due 8/29/2023. (Zelman, Yitzchak) |
| Filing 5 SUMMONS Returned Executed by Kevin Dingle. Capital One Auto Finance, Inc. served on 8/8/2023, answer due 8/29/2023. (Zelman, Yitzchak) |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge James R. Cho for all further proceedings. Magistrate Judge Cheryl L. Pollak no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 8/4/2023. (KD)
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| Filing 4 Summons Issued as to Capital One Auto Finance, Inc., Long Island Auto Recovery, Inc.. (Attachments: #1 Summons) (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Filing 1 COMPLAINT against Capital One Auto Finance, Inc., Long Island Auto Recovery, Inc. filing fee $ 402, receipt number ANYEDC-16957650 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Kevin Dingle. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Long Island Auto Recovery, Inc., #3 Proposed Summons Capital One Auto Finance, Inc.) (Zelman, Yitzchak) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Cheryl L. Pollak. 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. (KD) |
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