Goldberg v. Portfolio Recovery Associates, LLC
Plaintiff: Yechiel Goldberg
Defendant: Portfolio Recovery Associates, LLC
Case Number: 1:2023cv09341
Filed: December 19, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Taryn A Merkl
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. ยง 1681 Fair Credit Reporting Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2024 Filing 9 Proposed Scheduling Order follow-up: Proposed Consent Confidentiality Order by Portfolio Recovery Associates, LLC (Floyd, Jonathan)
February 6, 2024 Filing 8 NOTICE DESIGNATING CASE TO ARBITRATION and NOTICE OF ARBITRATION HEARING The Arbitration hearing is scheduled to be held on : June 6, 2024 at 10:00 a.m.The deadline to select an arbitrator and schedule a pre-arbitration conference with the arbitrator is April 12, 2024Counsel shall select an Arbitrator from the Courts Panel of Arbitrators and submit a fully executed Stipulation for Selection of Arbitrator to the ADR Coordinator noting the date of the pre-hearing conference. The Stipulation for Selection of Arbitrator can be found here: https://www.nyed.uscourts.gov/adr-forms. Counsel, please do not enter the Stipulation for Selection of Arbitrator on the docket. Counsel will return the fully executed Stipulation to the ADR Coordinator, Rita Credle at: Rita_credle@nyed.uscourts.gov [Rita Credle] (RC) (Main Document 8 replaced on 2/7/2024) (RC).
February 5, 2024 Opinion or Order Minute Entry and Order: A telephonic Initial Conference was held on 2/5/2024 before Magistrate Judge Taryn A. Merkl. Appearances by Uri Horowitz for Plaintiff and Jonathan P. Floyd for Defendant. The parties confirmed that they have held their Rule 26(f) conference. The Court also reminded the parties of their obligations to preserve and, if appropriate, produce electronically stored information during discovery. As stated on the record, the parties' discovery plan is adopted, in part, as follows. Rule 26(a) initial disclosures shall be exchanged by 2/5/2024. First requests for documents and interrogatories shall be exchanged by 2/9/2024, with responses due by 3/11/2024, as agreed-upon by the parties. The parties' proposed confidentiality order shall be filed on ECF by 2/16/2024. Phase I discovery shall be completed by 4/5/2024. The deadline for joining additional parties and amending the pleadings as of right is 4/29/2024. Fact discovery shall be completed on or before 5/24/2024. The parties are directed to file a joint status report certifying the close of fact discovery by 5/31/2024. The parties are directed to file a joint status report certifying the close of all discovery by 6/17/2024. In their joint status report certifying the close of fact discovery, the parties are directed to include an update as to whether they need an expert discovery schedule, and if so, to propose an agreed-upon expert discovery schedule. In the absence of an expert discovery schedule being set, the last date to take the first step in dispositive motion practice is 7/17/2024, and must be done in accordance with the Individual Rules of the assigned presiding judge. As discussed at the conference, this case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Court's website at # https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. The parties are respectfully directed to confer regarding whether both parties consent to jurisdiction by the undersigned Magistrate Judge. If the parties so consent, the parties should file the consent form available at # https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge by 3/5/2024. The parties are directed to file a joint status report by 4/15/2024, including an update as to their progress on discovery, any settlement discussions, and whether the case should be referred for mediation or a settlement conference before a magistrate judge. Ordered by Magistrate Judge Taryn A. Merkl on 2/5/2024. (AT&T Log #11:14-11:40.) (ALG)
January 29, 2024 Filing 7 CASE MANAGEMENT STATEMENT (Horowitz, Uri)
January 29, 2024 Filing 6 NOTICE of Appearance by Uri Horowitz on behalf of Yechiel Goldberg (aty to be noticed) (Horowitz, Uri)
December 27, 2023 Opinion or Order Filing 5 SCHEDULING ORDER: A telephonic Initial Conference will be held on 2/5/2024 at 11:00am before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 1/26/2024. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Courts website at # https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. In advance of the Initial Conference, the parties are respectfully directed to confer regarding whether both parties consent to jurisdiction by the undersigned Magistrate Judge. If the parties so consent, the parties should file the consent form available at # https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge. Ordered by Magistrate Judge Taryn A. Merkl on 12/27/2023. (ALG)
December 26, 2023 Filing 4 ANSWER to Complaint by Portfolio Recovery Associates, LLC. (Floyd, Jonathan)
December 21, 2023 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD)
December 21, 2023 Filing 2 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. (KD)
December 21, 2023 Case Assigned to Magistrate Judge Taryn A. Merkl. 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)
December 21, 2023 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. (KD)
December 20, 2023 CASE REFERRED to Arbitration. (RC)
December 19, 2023 Filing 1 NOTICE OF REMOVAL by Portfolio Recovery Associates, LLC from Supreme Court of New York - County of Kings, case number 527997/2023. ( Filing fee $ 405 receipt number BNYEDC-17393430) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (Floyd, Jonathan)

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Plaintiff: Yechiel Goldberg
Represented By: Joseph Y Balisok
Represented By: Uri Horowitz
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Defendant: Portfolio Recovery Associates, LLC
Represented By: Jonathan P. Floyd
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