Berry v. Queens Luxury Cars Corp. et al
| NEPTINA BERRY |
| QUEENS LUXURY CARS CORP. dba or aka ELITE MITSUBISHI, dba or aka ATLANTIC MITSUBISHI, CAPITAL ONE AUTO FINANCE, INC., a division of CAPITAL ONE, N.A., Queens Luxury Cars Corp. doing business as Elite Mitsubishi also known as Atlantic Mitsubishi, Atlantic Mitsubishi and Capital One Auto Finance, Inc. |
| 1:2023cv09018 |
| December 8, 2023 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Truth in Lending |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 2, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 SUMMONS Returned Executed by Neptina Berry. Capital One Auto Finance, Inc. served on 12/19/2023, answer due 1/9/2024. (Nahoum, Robert) |
ORDER re #1 : Rule 4(m) of the Federal Rules of Civil Procedure requires a plaintiff to serve each defendant within 90 days of filing the Complaint. Fed. R. Civ. P. 4(m). Accordingly, Plaintiff must serve the complaint by 03/07/2024 and shall file proof of service by 03/11/2024. So Ordered by Magistrate Judge Marcia M. Henry on 12/12/2023. (RA)
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| Filing 7 Proposed Summons. Re Quality Control Check - Summons, #1 Complaint, by Neptina Berry (Nahoum, Robert) |
| Filing 6 Proposed Summons. Re Quality Control Check - Summons, #1 Complaint, by Neptina Berry (Nahoum, Robert) |
| Filing 5 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (AF) |
| Your proposed summons was not issued for one of the following reasons: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION or AO 441 Rev 7/10, SUMMONS ON A THIRD-PARTY COMPLAINT. Please update the Clerk of Court on the summons. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (AF) |
| Case Assigned to Magistrate Judge Marcia M. Henry. 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. (AF) |
| Filing 4 Proposed Summons. Re #1 Complaint, by NEPTINA BERRY (Nahoum, Robert) |
| Filing 3 Proposed Summons. Re #1 Complaint, by NEPTINA BERRY (Nahoum, Robert) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by NEPTINA BERRY (Nahoum, Robert) |
| Filing 1 COMPLAINT against CAPITAL ONE AUTO FINANCE, INC., a division of CAPITAL ONE, N.A., QUEENS LUXURY CARS CORP. dba or aka ELITE MITSUBISHI, dba or aka ATLANTIC MITSUBISHI filing fee $ 405, receipt number ANYEDC-17358088 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by NEPTINA BERRY. (Nahoum, Robert) |
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