Babst v. Phoenix Financial Services LLC et al
| Tracey Babst |
| Phoenix Financial Services LLC and Pendrick Capital Partners II, LLC |
| 2:2021cv03462 |
| June 18, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 8 SUMMONS Returned Executed by Tracey Babst. Pendrick Capital Partners II, LLC served on 7/20/2021, answer due 8/10/2021. (Barshay, David) |
| Filing 7 SUMMONS Returned Executed by Tracey Babst. Phoenix Financial Services LLC served on 7/20/2021, answer due 8/10/2021. (Barshay, David) |
Filing 6
MEMORANDUM & ORDER DISMISSING CASE - None of the plaintiffs have sufficiently alleged a concrete and particularized injury-in-fact sufficient to satisfy Article III standing. As such, the Court lacks jurisdiction over these claims, and the cases are dismissed. For avoidance of doubt, the complaints are dismissed without prejudice subject to repleading within 14 days. This period will allow, if appropriate, plaintiff's to amend their pleading to allege facts, if any exist, demonstrating actual damages, or, in the alternative, other forms of relief that plaintiffs may be able to pursue. In addition, this dismissal is without prejudice to refiling in state court if appropriate. After fourteen days, the dismissal will be deemed with prejudice. SO Ordered by Judge Gary R. Brown on 7/23/2021. (Tirado, Chelsea)
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| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by Tracey Babst (Barshay, David) |
| Incorrect Case/Document/Entry Information. - Notice to Kirsten H. Smith deleted in its entirety after being entered in error. (Tirado, Chelsea) |
| Filing 4 NOTICE of Appearance by Kirsten H. Smith on behalf of Pendrick Capital Partners II, LLC, Phoenix Financial Services LLC (aty to be noticed) (Smith, Kirsten) |
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ORDER TO SHOW CAUSE. To assist the Court in its review of standing in this action, plaintiff is directed to respond via letter filed on ECF within 14 days of the date of this order, as follows:1. Does plaintiff claim any concrete, particularized injury in fact from the statutory violations alleged herein? If so, please set forth such injury/injuries with particularity.2. If plaintiff is not claiming any such concrete injury, in light of the Supreme Court's decision in Transunion LLC v. Ramirez, Slip Op. No. 20-297, 2021 WL 2599472 (U.S. June 25, 2021), counsel shall provide any authority or basis for plaintiff to assert standing in this action, or indicate whether the action should be dismissed.Defendants shall file any response thereto within ten days of the filing by plaintiff. Plaintiff is further directed to serve defendants with a copy of this Order and file proof of service forthwith.Ordered by Judge Gary R. Brown on 6/29/2021. (Meil, Stephen)
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| This attorney case opening filing has been checked for quality control. (Landow, Concetta) |
| Filing 3 Summons Issued as to All Defendants. (Attachments: #1 Summons #2) (Landow, Concetta) |
| 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 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. (Landow, Concetta) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. 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. (Landow, Concetta) |
| Filing 1 COMPLAINT against Pendrick Capital Partners II, LLC, Phoenix Financial Services LLC filing fee $ 402, receipt number ANYEDC-14580227 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Tracey Babst. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Proposed Summons) (Barshay, David) |
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