Genzone v. Client Services, Inc. et al
| PETER A GENZONE |
| Client Services, Inc. and John and Jane Does 1-10 |
| 2:2021cv03995 |
| July 14, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| Consumer Credit |
| 28 U.S.C. ยง 1442 Notice of Removal |
| Plaintiff |
Docket Report
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Order of Remand to State Court. Upon review, finding the allegations in the complaint do not allege any injury in fact, for the reasons set forth in In re FDCPA Mailing Vendor Cases, No. CV 21-2312, 2021 WL 3160794, at *1 (E.D.N.Y. July 23, 2021) and Bush v. Optio Sols., LLC, No. CV211880GRBARL, 2021 WL 3201359, at *3 (E.D.N.Y. July 28, 2021), plaintiff lacks standing, and this Court lacks jurisdiction. This matter is hereby remanded to the NY State Supreme Court, which *may* have jurisdiction over the FDCPA claim (as set forth in the Supreme Court's Transunion decision) and certainly has jurisdiction over plaintiff's NY State law claims. Ordered by Judge Gary R. Brown on 9/8/2021. (Brown, Gary)
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| Filing 10 Letter responding to the Court's Order to Show Cause by Client Services, Inc. (Little, Brendan) |
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ORDER TO SHOW CAUSE. It is well established that "the defendant bears the burden of demonstrating the propriety of removal." California Pub. Employees' Ret. Sys. v. WorldCom, Inc., 368 F.3d 86, 100 (2d Cir. 2004). Accordingly, to assist the Court in its review of standing in this action, defendants are 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 remanded. Plaintiff shall file any response thereto with ten days of the filing by defendants. Ordered by Judge Gary R. Brown on 8/26/2021. (Meil, Stephen)
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| Filing 9 Letter in Opposition to Defendant's Request To Move for Motion for Judgment on the Pleadings by Peter A Genzone (Goldenberg, Simon) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Gary R. Brown for all further proceedings. Judge Denis R. Hurley no longer assigned to case 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. Ordered by Chief Judge Margo K. Brodie on 8/20/2021. (Bowens, Priscilla)
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| Motions terminated, docketed incorrectly: #8 MOTION for pre motion conference for permission to move for judgment on the pleadings filed by Client Services, Inc. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made). (Cubano, Jazmin) |
| Filing 8 Letter application for pre motion conference for permission to move for judgment on the pleadings by Client Services, Inc.. (Little, Brendan) Modified on 8/19/2021 (Cubano, Jazmin). |
| Filing 7 STATE COURT RECORD received from Judith Pascale, Suffolk County Clerk, Index No. 609243/2021. Since the above mentioned case is E-filed, there are no hard copies of the documents listed on the Civil Court Minutes Report. (Cubano, Jazmin) |
| Filing 6 AMENDED ANSWER to Complaint by Client Services, Inc.. (Attachments: #1 Exhibit A - Declaration) (Little, Brendan) |
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Filing 5
SCHEDULING ORDER: Status Report due by October 26, 2021. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/9/2021. c/ecf (Imrie, Robert)
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| Filing 4 ANSWER to Complaint by Client Services, Inc.. (Little, Brendan) |
| Filing 3 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. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna) |
| Filing 1 NOTICE OF REMOVAL by Client Services, Inc. from Supreme Court - Suffolk County, case number 609243/2021. (Filing fee $402 receipt number ANYEDC-14658982) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A - Complaint, #2 Civil Cover Sheet) (Little, Brendan) Modified on 7/15/2021 (Rodin, Deanna). |
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