Graff v. United Collection Bureau, Inc. et al
| Thomas M. Graff and Graff |
| John and Jane Does Numbers 1 through 25, United Collection Bureau, Inc. and United Collection Bureau, Inc |
| 2:2012cv02402 |
| May 15, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R Brown |
| Other Statutory Actions |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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ELECTRONIC ORDER re #61 . The Corrected Order Granting Preliminary Approval Of Class Settlement Agreement is hereby SO ORDERED. The final fairness hearing will be held on April 7, 2015 at 2:00 PM in courtroom 840 of the Central Islip courthouse. Ordered by Magistrate Judge Gary R. Brown on 10/29/2014. (Demosthenous, Constantina)
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Filing 61
Letter to the Honorable Gary R. Brown re Parties' Joint Request for Entry of Corrected Preliminary Approval Correcting Fairness Hearing Date by Thomas M. Graff (Thomasson, Andrew)
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Filing 60
ORDER granting #58 Motion to Certify Class. A final fairness hearing is scheduled on 4/7/2015 at 2:00 PM. Ordered by Magistrate Judge Gary R. Brown on 10/24/2014. (Posillico, Lauren)
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Filing 59
DECLARATION of Terry Sutor Pursuant to CAFA by United Collection Bureau, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Wallace, Kevin)
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Filing 58
Consent MOTION to Certify Class and Grant Preliminary Approval to the Parties' Class Settlement Agreement by Thomas M. Graff. (Attachments: #1 Memorandum in Support, #2 Exhibit "A" - Class Settlement Agreement, #3 Exhibit "B" - Declaration of Andrew T. Thomasson, Esq., #4 Exhibit "C" - Declaration of Abraham Klein, Esq., #5 Proposed Order, #6 Certificate of Service) (Thomasson, Andrew)
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Filing 57
STATUS REPORT re: Filing of the Parties' Joint Motion for Class Certification and Preliminary Approval of their Class Settlement Agreement by Thomas M. Graff (Thomasson, Andrew)
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Filing 56
Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Status Conference held on 7/16/2014. Rulings set forth on the record. (Posillico, Lauren)
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Filing 55
ANSWER to #54 Amended Complaint; filed by United Collection Bureau, Inc. (Bost Seaton, Christina) (Modified)
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SCHEDULING ORDER: In light of the parties' representation in #52 , a status conference has been scheduled for July 16, 2014 at 11:30 AM in courtroom 840 of the Central Islip courthouse. Ordered by Magistrate Judge Gary R. Brown on 6/29/2014. (Demosthenous, Constantina)
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Filing 54
AMENDED COMPLAINT for Violations of the Fair Debt Collection Practices Act against United Collection Bureau, Inc., filed by Thomas M. Graff. (Attachments: #1 Certificate of Service) (Thomasson, Andrew)
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Filing 53
STIPULATION for Plaintiff to File Amended Complaint Pursuant to Fed. R. Civ. P. 15(a)(2) by Thomas M. Graff (Thomasson, Andrew)
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Filing 52
STATUS REPORT and Request for In-Person Status Conference with Court by Thomas M. Graff (Thomasson, Andrew)
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STATUS REPORT ORDER: By order of this court dated 4/14/14, counsel for plaintiff was directed to file a stipulation of discontinuance by 5/14/2014. Whereas, no such stipulation has been filed, a status report or stipulation of discontinuance shall be filed by 6/27/2014. Ordered by Magistrate Judge Gary R. Brown on 6/12/2014. (Posillico, Lauren)
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ELECTRONIC ORDER granting #51 Motion for Leave to Appear Pro Hac Vice, David Neal Anthony for defendant. Mr. Anthony is directed to register for ECF and to electronically file a notice of appearance. Ordered by Magistrate Judge Gary R. Brown on 5/13/2014. (Demosthenous, Constantina)
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Filing 51
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6920697. by United Collection Bureau, Inc.. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order, #4 Certificate of Service) (Anthony, David)
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Filing 50
NOTICE and CONSENT to Jurisdiction by US Magistrate Judge by Thomas M. Graff and United Collection Bureau, Inc.. Case reassigned to Magistrate Judge Gary R. Brown. Ordered by Judge Joanna Seybert on 4/28/14. c/m by ecf. (Mahon, Cinthia)
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Filing 49
CONSENT to Jurisdiction by US Magistrate Judge by Thomas M. Graff. (Thomasson, Andrew)
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ELECTRONIC ORDER terminating #47 Motion to Compel. In light of plaintiff's representation in #48 that the case has settled, the motion to compel is TERMINATED without prejudice to renewal. The parties are directed to file a stipulation of discontinuance by May 14, 2014. Ordered by Magistrate Judge Gary R. Brown on 4/14/2014. (Demosthenous, Constantina)
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Filing 48
Letter to the Honorable Gary R. Brown re Plaintiff's Withdrawal of Pending Motion to Compel Production of Defendant's Data by Thomas M. Graff (Thomasson, Andrew)
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Filing 47
Letter MOTION to Compel Production of Defendant's Previously Court-Ordered Electronically Stored Information Identifying the Putative Class Members by Thomas M. Graff. (Thomasson, Andrew)
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Filing 46
CASE MANAGEMENT STATEMENT Discovery Plan (Bost Seaton, Christina)
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ELECTRONIC ORDER re #44 #45 . In light of the parties' representations that the case is continuing with mediation #44 #45 , discovery is STAYED through February 28, 2014. Should the matter not be resolved by February 28, 2014, the parties should be prepared to have all discovery completed by March 31, 2014, and submit a joint proposed discovery schedule by February 28, 2014, reflecting that deadline. Ordered by Magistrate Judge Gary R. Brown on 2/4/2014. (Demosthenous, Constantina)
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Filing 45
STATUS REPORT (Joint Status Report - Rvsd.) by United Collection Bureau, Inc. (Bost Seaton, Christina)
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Filing 44
STATUS REPORT (Joint Status Report) by United Collection Bureau, Inc. (Bost Seaton, Christina)
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Email Notification Test - DO NOT REPLY. (Valle, Christine)
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Filing 43
NOTICE of Change of Firm Name, Address, Telephone, and E-mail by Andrew T. Thomasson (Thomasson, Andrew)
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ELECTRONIC ORDER re #42 . In light of the parties' representations that the case is continuing with mediation #42 , discovery is STAYED through January 31, 2014. In case the matter does not resolve by January 31, 2014, the parties should be prepared to have all discovery completed by March 31, 2014, and submit a joint proposed discovery schedule by January 31, 2014, reflecting that deadline. Ordered by Magistrate Judge Gary R. Brown on 12/12/2013. (Demosthenous, Constantina)
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Filing 42
STATUS REPORT - Joint - by United Collection Bureau, Inc. (Bost Seaton, Christina)
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Filing 41
NOTICE of Appearance by Andrew T. Thomasson on behalf of Thomas M. Graff (aty to be noticed) (Thomasson, Andrew)
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ELECTRONIC ORDER granting #40 Motion for Leave to Appear Pro Hac Vice, Andrew T. Thomasson for plaintiff. Mr. Thomasson is directed to register for ECF and to electronically file a notice of appearance. Ordered by Magistrate Judge Gary R. Brown on 11/21/2013. (Demosthenous, Constantina)
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Filing 40
MOTION for Leave to Appear Pro Hac Vice of Andrew T. Thomasson Filing fee $ 25, receipt number 0207-6570489. by Thomas M. Graff. (Attachments: #1 Affidavit of William F. Horn, Esq., #2 Proposed Order, #3 Certificate of Service) (Horn, William)
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ELECTRONIC ORDER granting #39 Motion for Extension of Time to Complete Discovery. In light of the parties' representation that the mediation is rescheduled for December 4, 2013, discovery in this matter is STAYED until December 10, 2013. The parties are directed to file a status report with the Court by December 10, 2013 advising the Court as to whether a settlement has been reached, or, in the alternative, setting forth dates that the parties would be available for a conference. Ordered by Magistrate Judge Gary R. Brown on 10/31/2013. (Demosthenous, Constantina)
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Filing 39
Letter MOTION for Extension of Time to Complete Discovery and to adjourn the date upon which the parties will file their status reports with the Court by United Collection Bureau, Inc.. (Bost Seaton, Christina)
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Filing 38
Letter MOTION to Stay by Thomas M. Graff, John and Jane Does Numbers 1 through 25, United Collection Bureau, Inc.. (Bost Seaton, Christina)
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ELECTRONIC ORDER granting #38 Motion to Stay. All discovery deadlines are STAYED until October 31, 2013 while the parties engage in private mediation. The parties are directed to file a status report with the Court by November 1, 2013, advising whether a settlement has been reached, or in the alternative, dates that the parties are available for a conference. Ordered by Magistrate Judge Gary R. Brown on 8/19/2013. (Demosthenous, Constantina)
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Filing 37
NOTICE of Appearance by Christina Heather Bost Seaton on behalf of United Collection Bureau, Inc. (aty to be noticed) (Bost Seaton, Christina)
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Filing 36
ORDER Re: #34 Notice of Consent to Change Attorney filed by United Collection Bureau, Inc. The Clerk of Court is directed to terminate Mr. Barry Jacobs and Ms. Shari D. Sckolnick as counsel of record for United Collection Bureau, Inc. So Ordered by Judge Joanna Seybert on 8/12/2013. C/ECF (Valle, Christine)
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Filing 35
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/2/13, before Judge Gary R. Brown. Court Reporter/Transcriber Typewrite Word Processing Service, Telephone number 718-966-1401. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2013. Redacted Transcript Deadline set for 9/9/2013. Release of Transcript Restriction set for 11/7/2013. (Talbott, Thomas)
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Filing 34
NOTICE of Consent to Change Attorney by Kevin Patrick Wallace (Wallace, Kevin)
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Filing 33
NOTICE of Appearance by Kevin Patrick Wallace on behalf of United Collection Bureau, Inc. (aty to be noticed) (Wallace, Kevin)
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Filing 32
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/23/2013, before Magistrate Judge Gary R. Brown. Transcriber Terry Gribben's Transcription Service, Telephone number (732) 263-0044. Email address: TGribben@comcast.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/4/2013. (Cox, Dwayne)
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Filing 31
Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Telephone Conference held on 8/2/2013. Rulings set forth on the record. (Brienza, Lauren)
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Filing 30
Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Motion Hearing held on 7/23/2013 re #26 Second MOTION to Compel Defendant's Responses to Written Discovery filed by Thomas M. Graff. #26 Motion to Compel is DENIED in its entirety. Rulings set forth on the record. The parties are to meet and confer to work out the software collection data issue. Only if they cannot come to a resolution are they to file a motion. (Brienza, Lauren)
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NOTICE of Hearing: The motion conference scheduled on 7/19/2013 at 1:30 PM is hereby ADJOURNED to 7/23/2013 at 11:00 AM in courtroom 840 of the Long Island Courthouse. (Brienza, Lauren)
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ORDER granting in part and denying in part #24 Motion for Protective Order; denying #27 Motion to Quash. Defendant's motion for a protective order #24 , is DENIED in part and GRANTED in part. The motion is denied with respect to documents 8 and 9. The protective order is granted as to documents 10, 11, and 60. Defendant's motion to quash the depositions #27 , is DENIED. The 6 depositions shall be conducted telephonically. Ordered by Magistrate Judge Gary R. Brown on 6/26/2013. (Demosthenous, Constantina)
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ELECTRONIC ORDER re #26 . A motion conference regarding plaintiff's motion to compel #26 , has been scheduled for July 19, 2013 at 1:30 PM in courtroom 840 of the Central Islip courthouse. Ordered by Magistrate Judge Gary R. Brown on 6/26/2013. (Demosthenous, Constantina)
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Filing 29
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/14/13, before Judge Gary R. Brown. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number Shari Riemer, 5185818973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/16/2013. Redacted Transcript Deadline set for 7/26/2013. Release of Transcript Restriction set for 9/23/2013. (Talbott, Thomas)
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Filing 28
RESPONSE to Motion re #26 Second MOTION to Compel Defendant's Responses to Written Discovery filed by United Collection Bureau, Inc.. (Attachments: #1 Exhibit A) (Sckolnick, Shari)
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Filing 27
Letter MOTION to Quash Employee Depositions by United Collection Bureau, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Sckolnick, Shari)
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Filing 26
Second MOTION to Compel Defendant's Responses to Written Discovery by Thomas M. Graff. (Attachments: #1 Exhibit "A" - Defendant's Objections to Interrogatories, #2 Exhibit "B" - Defendant's Objections to Requests for Production, #3 Exhibit "C" - Defendant's Objections to Requests for Admission) (Horn, William)
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Filing 25
Letter Correction of Dkt. No. 24 by United Collection Bureau, Inc. (Sckolnick, Shari)
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Filing 24
Letter MOTION for Protective Order by United Collection Bureau, Inc.. (Attachments: #1 Affidavit in Support) (Sckolnick, Shari)
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Filing 23
Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Telephone motion conference held on 6/14/2013. Motion to compel deposition #18 is granted. Deposition dates should be agreed upon by close of business on 6/17/2013. Application for costs is denied. If the parties are to move for a protective order, an affidavit by the client should be submitted by close of business on 6/18/2013. Motion to resolve discovery disputes #19 is resolved. Discovery deadline is extended through 8/21/2013. (Brienza, Lauren)
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Filing 22
RESPONSE in Opposition re #19 Letter MOTION for Hearing to Resolve Discovery Disputes or, in the Alternative, for an Order Compelling Defendant's Responses to Written Discovery filed by United Collection Bureau, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Sckolnick, Shari)
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Filing 21
RESPONSE in Opposition re #18 Letter MOTION to Compel the Deposition of Defendant's Witness, Kristin P. Arsenault, filed by United Collection Bureau, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Sckolnick, Shari)
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ELECTRONIC ORDER granting #20 Motion for Protective Order. The Confidentiality and Protective Order is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 6/12/2013. (Demosthenous, Constantina)
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Filing 20
MOTION for Protective Order and Stipulated Confidentiality Agreement by United Collection Bureau, Inc.. (Jacobs, Barry)
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Filing 19
Letter MOTION for Hearing to Resolve Discovery Disputes or, in the Alternative, for an Order Compelling Defendant's Responses to Written Discovery by Thomas M. Graff. (Attachments: #1 Exhibit "A" - Defendant's Responses to Interrogatories, #2 Exhibit "B" - Defendant's Responses to Requests for Production of Documents, #3 Exhibit "C" - Defendant's Responses to Requests for Admissions) (Horn, William)
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Filing 18
Letter MOTION to Compel the Deposition of Defendant's Witness, Kristin P. Arsenault, by Thomas M. Graff. (Attachments: #1 Exhibit "A" - Stipulation of Settlement dated as of July 20, 2010, #2 Exhibit "B" - Defendant's Rule 26(f) Disclosures, dated August 10, 2012, #3 Exhibit "C" - Notice of Deposition Directed to Kristin P. Arsenault, dated April 12, 2013) (Horn, William)
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Filing 17
Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Telephone Status Conference held on 3/11/2013. By 3/25/2013, plaintiff's counsel is to advise the Court if the parties have reached a settlement. SO ORDERED. (Brienza, Lauren)
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Oral MOTION to Adjourn Conference scheduled on 3/7/2013 by Thomas M. Graff. (Brienza, Lauren)
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ORDER granting [] Motion to Adjourn Conference. The telephone status conference is ADJOURNED to 3/11/2013 at 12:00 PM. Plaintiff's counsel shall have all parties on the line before connecting to the Court at 631-712-5700. SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 3/7/2013. (Brienza, Lauren)
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Filing 16
MOTION for Extension of Time to Complete Discovery by Thomas M. Graff. (Horn, William)
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ELECTRONIC ORDER granting #16 Motion for Extension of Time to Complete Discovery. A 60 day extension of the discovery schedule is GRANTED. The telephone status conference scheduled for January 7, 2013 is ADJOURNED to March 7, 2013 at 10:00 AM. All discovery, including expert discovery, shall be completed by June 10, 2013. Any party planning on making a dispositive motion must commence such motion practice by June 24, 2013. The joint proposed pretrial order must be submitted by July 8, 2013. Ordered by Magistrate Judge Gary R. Brown on 1/2/2013. (Demosthenous, Constantina)
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Filing 15
REPLY in Opposition re #12 Notice of Related Case filed by United Collection Bureau, Inc.. (Attachments: #1 Certificate of Service) (Jacobs, Barry)
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Filing 14
Letter Responding to William Horn's Letter Dated August 15, 2012 by United Collection Bureau, Inc. (Jacobs, Barry)
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Filing 13
Letter to the Honorable Gary R. Brown re: Plaintiff's Response to Court's Order [Doc. 10] Requesting Status of Parties' Settlement Discussions and Plaintiff's Notification to Judge Wexler of Related Case by Thomas M. Graff (Horn, William)
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Filing 12
Notice of Related Case and Request for Consolidation (Horn, William)
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Filing 11
SCHEDULING ORDER: Discovery deadlines have been set. A telephone status conference is scheduled on 1/7/2013 at 11:30 AM. See order for additional directives. Ordered by Magistrate Judge Gary R. Brown on 8/1/2012. (Brienza, Lauren)
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Filing 10
Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Initial Conference Hearing held on 8/1/2012. Scheduling order entered. The parties are to advise the Court within 2 weeks regarding potential settlement of the action. Within 60 days the plff should ensure dft has all identifying information about the alleged violations. Dft is to turn over recordings and any materials regarding the safe harbor defense. The parties are to contact the Courtroom Deputy at 631-712-5704 to schedule a settlement conference after they exchange information. Plaintiff is to inform Judge Wexler within 2 weeks regarding relating cases. (Brienza, Lauren)
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ELECTRONIC ORDER granting #9 Motion to Adjourn Conference. The initial conference scheduled for July 26, 2012 is ADJOURNED to August 1, 2012 at 10:00 a.m. in courtroom 840. Ordered by Magistrate Judge Gary R. Brown on 7/9/2012. (Demosthenous, Constantina)
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Filing 9
Letter MOTION to Adjourn Conference with Consent by United Collection Bureau, Inc.. (Sckolnick, Shari)
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Filing 8
ORDER: An initial conference has been scheduled on 7/26/2012. See order and attachment. Ordered by Magistrate Judge Gary R. Brown on 6/22/2012. (Attachments: #1 GRB Individual Rules) (Brienza, Lauren)
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Filing 7
NOTICE of Appearance by Shari D Sckolnick on behalf of United Collection Bureau, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Sckolnick, Shari)
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Filing 6
ANSWER to #1 Complaint by United Collection Bureau, Inc.. (Attachments: #1 Certificate of Service) (Jacobs, Barry)
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Filing 5
Corporate Disclosure Statement by United Collection Bureau, Inc. (Attachments: #1 Certificate of Service) (Jacobs, Barry)
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Filing 4
Letter MOTION for Extension of Time to File Answer re #1 Complaint, #3 Summons Returned Executed by United Collection Bureau, Inc.. (Attachments: #1 Exhibit Stipulation to Extend Time to Answer) (Jacobs, Barry)
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ELECTRONIC ORDER granting #4 Motion for Extension of Time to Answer. Defendant's motion to extend the time to respond to the Complaint is GRANTED. Defendant, United Collection Bureau, Inc., shall respond to the Complaint by June 20, 2012. Ordered by Magistrate Judge Gary R. Brown on 6/7/2012. (Demosthenous, Constantina)
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Filing 3
SUMMONS Returned Executed by Thomas M. Graff. United Collection Bureau, Inc. served on 5/16/2012, answer due 6/6/2012. (Horn, William)
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Case Ineligible for Arbitration (Bollbach, Jean)
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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 the 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. (Russo, Eric)
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Filing 1
COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -No,, filed by Thomas M. Graff. (Attachments: #1 Civil Cover Sheet) (Russo, Eric)
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Summons Issued as to All Defendants. (Russo, Eric)
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FILING FEE: $ 350.00, receipt number 9571. (Russo, Eric)
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