Desilva v. Midland Credit Management, Inc.
| Marie Desilva |
| Midland Credit Management, Inc. |
| M. Salman Ravala |
| 2:2021cv01449 |
| March 19, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| A Kathleen Tomlinson |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Both |
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| Filing 8 SELECTION OF MEDIATOR: M. Salman Ravala selected as Mediator. The first mediation session will take place remotely on June 23, 2021. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Mediation reports due on or before July 7, 2021 (Tariq, Subhan) Modified on 5/17/2021 (Priftakis, Tina). |
ORDER REFERRING CASE to Mediation. In light of the undersigned's individual rules regarding FDCPA cases, this case is respectfully referred to the EDNY Mediation program. Mediation shall be completed by 7/7/2021. Selection of Mediator due by 5/5/2021. Ordered by Judge Gary R. Brown on 4/21/2021. (Meil, Stephen)
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ORDER denying #7 Motion for Pre Motion Conference without prejudice to renewal following mediation, if necessary. Ordered by Judge Gary R. Brown on 4/21/2021. (Meil, Stephen)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
| Filing 7 Letter MOTION for pre motion conference by Midland Credit Management, Inc.. (Attachments: #1 Plaintiff's Cease Letter dated December 2, 2020, #2 MCM Letter dated December 21, 2020, #3 MCM Letter dated December 21, 2020) (Briganti, Dana) |
| Filing 6 This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7. 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. The hearing will occur approximately 120 days after filing of the Answer.. (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
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ORDER granting #5 Motion for Extension of Time. The deadline to answer or otherwise respond to the Complaint is extended to April 16, 2021. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/23/2021. (Ameri, Mana)
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| Filing 5 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Midland Credit Management, Inc.. (Silverman, Ellen) |
| Filing 4 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 all 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. Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Filing 2 NOTICE of Appearance by Ellen Beth Silverman on behalf of Midland Credit Management, Inc. (aty to be noticed) (Silverman, Ellen) |
| Filing 1 NOTICE OF REMOVAL by Midland Credit Management, Inc. from Supreme Court of the State of New York, County of Nassau, Case Number 601840/2021. Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. ( Filing fee $ 402 receipt number ANYEDC-14292704) (Attachments: #1 Exhibit A - Summons and Verified Complaint, #2 Civil Cover Sheet) (Briganti, Dana) Modified on 3/19/2021 (Flanagan, Doreen). |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge A. Kathleen Tomlinson. 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. (Flanagan, Doreen) |
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