McAllister v. Resurgent Capital Services, L.P. et al
| Majid McAllister |
| Resurgent Capital Services, L.P. and LVNV Funding LLC |
| 1:2024cv01149 |
| February 14, 2024 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 12 MOTION for pre motion conference Request to Stay the Action by LVNV Funding LLC, Resurgent Capital Services, L.P.. (Dicicco, Jacquelyn) |
| Filing 11 NOTICE Designating Case To Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d) which requires the Clerk of Court to designate and process for compulsory arbitration all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs. Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d)(3). (RC) |
ORDER striking Plaintiff's #9 response to Defendants' answer. There is no such thing as a "response" to an answer under the Federal Rules of Civil Procedure. If Plaintiff intended his filing to be a reply to Defendants' answer, that filing was improper because a plaintiff may not file a reply to a defendant's answer without court permission. See Fed. R. Civ. P. 7(a)(7). If Plaintiff is considering seeking pre-motion conference, the Court reminds Plaintiff that "[m]otions to strike affirmative defenses are generally disfavored." See Sunrise One, LLC v. Harleysville Ins. Co. of N.Y., 293 F. Supp. 3d 317, 335 (E.D.N.Y. 2018) (quoting Emmpresa Cubana Del Tabaco v. Culbro Corp., 213 F.R.D. 151, 154-55 (S.D.N.Y. 2003)). Ordered by Magistrate Judge Peggy Kuo on 3/22/2024. (RO)
|
| Filing 10 NOTICE Designating Case To Arbitration and NOTICE Scheduling Arbitration Hearing. Procedures and Instructions for the selection of arbitrator sent to counsel.The Arbitration hearing is scheduled for July 12, 2024 at 10:00 a.m. The deadline to select the Arbitrator is May 10, 2024. Counsel will select Counsel shall select an arbitration from the Courts Panel of Arbitratorsand submit a fully executed Stipulation for Selection of Arbitrator to the ADR Coordinatornoting the date of the pre-hearing conference. The Stipulation for Selection of Arbitrator can be found here:https://forms.office.com/g/Y3Mut0UX0h. (RC) (Main Document 10 replaced on 3/25/2024) (RC). |
| Filing 9 STRICKEN Letter Response to Answer by Majid McAllister (Elo, Elliot) |
| Filing 8 NOTICE of Appearance by Jonathan M. Robbin on behalf of LVNV Funding LLC, Resurgent Capital Services, L.P. (aty to be noticed) (Robbin, Jonathan) |
| Filing 7 ANSWER to #1 Complaint, by LVNV Funding LLC, Resurgent Capital Services, L.P.. (Dicicco, Jacquelyn) |
| Filing 6 NOTICE Designating Case To Arbitration.This case has been designated to participate in the non-binding Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7: https://img.nyed.uscourts.gov/files/local_rules/localrules.pdf The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7. An Arbitration Hearing will be scheduled after an Answer is filed. (RC) |
| CASE REFERRED to Arbitration. (RC) |
| Filing 5 SUMMONS Returned Executed by Majid McAllister. LVNV Funding LLC served on 2/19/2024, answer due 3/11/2024; Resurgent Capital Services, L.P. served on 2/19/2024, answer due 3/11/2024. (Elo, Elliot) |
| CASE REFERRED to Arbitration. (RC) |
| Filing 4 Summons Issued as to LVNV Funding LLC, Resurgent Capital Services, L.P.. (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 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) |
| Filing 1 COMPLAINT Majid McAllister against LVNV Funding LLC, Resurgent Capital Services, L.P. filing fee $ 405, receipt number ANYEDC-17570137 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Majid McAllister. (Attachments: #1 Proposed Summons Summons, #2 Civil Cover Sheet civil cover sheet) (Elo, Elliot) |
| Case Assigned to 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. (KD) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
