Soto v. Midland Credit Management, Inc. et. al.
| Rose Soto |
| Midland Credit Management, Inc. and Midland Funding, LLC |
| 2:2021cv05110 |
| September 14, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
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| Filing 6 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Rose Soto take nothing of defendants Midland Credit Management, Inc., and Midland Funding, LLC; that this case is dismissed without prejudice to refiling in state court; and that this case is closed. Ordered by Clerk of Court on 9/21/2021. (Toritto, Jim) |
ORDER DISMISSING CASE: Based upon review of the complaint as well as the plaintiff's responses to the Courts Show Cause Order, the Court finds that the plaintiff has not plausibly alleged a concrete and particularized injury as set forth in Transunion LLC v. Ramirez, 2021 WL 2599472 (U.S. June 25, 2021). Plaintiff alleges only informational violations, to wit: an effort to collect a debt which allegedly had been resolved, which plaintiff did not pay as a result, and in all of the filings had herein, has not identified any other tangible harm. Based on the foregoing, the case is DISMISSED WITHOUT PREJUDICE to refiling in state court as plaintiff lacks standing to prosecute this case in this Court. Bush v. Optio Sols., LLC, No. CV211880GRBARL, 2021 WL 3201359, at *3 (E.D.N.Y. July 28, 2021). Counsel's concerns about leaving the plaintiff without remedy are unfounded, as plaintiff can prosecute state claims (and, very likely, the FDCPA claims) in the state courts. The Clerk is directed to close the case. Ordered by Judge Gary R. Brown on 9/21/2021. (Brown, Gary)
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| Filing 5 Letter in response to Court's Order to Show Cause by Rose Soto (Saland, Tamir) |
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ORDER TO SHOW CAUSE. To assist the Court in its review of standing in this action, which appears to involve an FDCPA informational violation, plaintiff is directed to respond via letter filed on ECF by close of business on September 20, 2021, 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 without prejudice to refiling in state court. Ordered by Judge Gary R. Brown.
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| Filing 4 Summons Issued as to Midland Credit Management, Inc., Midland Funding, LLC. (Attachments: #1 Summons-Midland Funding, LLC) (Flanagan, Doreen) |
| 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. (Flanagan, Doreen) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven I. Locke. 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) |
| Filing 1 COMPLAINT Rose Soto et al. against Midland Credit Management, Inc., Midland Funding, LLC filing fee $ 402, receipt number ANYEDC-14836626 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Rose Soto. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Proposed Summons) (Saland, Tamir) |
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