Kuffuor-Afriyie v. LVNV Funding LLC et al
| Andy Kuffuor-Afriyie |
| LVNV Funding LLC and Resurgent Capital Services L.P. |
| 1:2024cv01294 |
| February 20, 2024 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Kiyo A Matsumoto |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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ORDER denying #12 motion for pre-motion conference. Plaintiff is ordered to show cause by May 16, 2024, in a letter not to exceed two pages, why this case should not be dismissed for lack of standing. See TransUnion LLC v. Ramirez, 594 U.S. 413, 423 (2021). Ordered by Judge Kiyo A. Matsumoto on 4/16/2024. (MJF)
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| Filing 13 ANSWER to #11 Amended Complaint by LVNV Funding LLC, Resurgent Capital Services L.P.. (Dicicco, Jacquelyn) |
| 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 AMENDED COMPLAINT Andy Kuffuor-Afriyie against LVNV Funding LLC, Resurgent Capital Services L.P., filed by Andy Kuffuor-Afriyie. (Elo, Elliot) |
| Filing 10 Letter Response to Answer by Andy Kuffuor-Afriyie (Elo, Elliot) |
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ORDER striking Plaintiff's #10 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 intended his filing to be a motion to strike Defendants' affirmative defenses, that filing was improper because Section III.B of the undersigned judge's Chambers Practices (available on the Court's website at https://www.nyed.uscourts.gov/pub/rules/KAM-MLR.pdf) requires a pre-motion conference before the filing of such a motion. If Plaintiff is considering seeking such a 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 Judge Kiyo A. Matsumoto on 3/21/2024. (MJF)
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| Filing 9 ANSWER to #1 Complaint, by LVNV Funding LLC, Resurgent Capital Services L.P.. (Dicicco, Jacquelyn) |
| Filing 8 NOTICE of Appearance by Jacquelyn Alena Dicicco on behalf of LVNV Funding LLC, Resurgent Capital Services L.P. (aty to be noticed) (Dicicco, Jacquelyn) |
| Filing 7 NOTICE of Appearance by Jonathan M. Robbin on behalf of LVNV Funding LLC, Resurgent Capital Services L.P. (aty to be noticed) (Robbin, Jonathan) |
| CASE REFERRED to Arbitration. (RC) |
| 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) |
| Filing 5 SUMMONS Returned Executed by Andy Kuffuor-Afriyie. LVNV Funding LLC served on 2/26/2024, answer due 3/18/2024; Resurgent Capital Services L.P. served on 2/26/2024, answer due 3/18/2024. (Elo, Elliot) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (SDM) |
| Filing 2 Summons Issued as to LVNV Funding LLC, Resurgent Capital Services L.P.. (SDM) |
| Filing 1 COMPLAINT Andy Kuffuor-Afriyie against LVNV Funding LLC, Resurgent Capital Services L.P. filing fee $ 405, receipt number ANYEDC-17587610 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Andy Kuffuor-Afriyie. (Attachments: #1 Proposed Summons Summons, #2 Civil Cover Sheet civil cover sheet) (Elo, Elliot) |
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