Panebianco v. Financial Recovery Services, Inc. et al
| Cory Panebianco |
| Financial Recovery Services, Inc. and Cavalry SPV I, LLC |
| 2:2021cv05496 |
| October 4, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| Civil Case Terminated pursuant to 10/7/2021 Electronic Order. (Tirado, Chelsea) |
| Filing 5 Letter MOTION to Amend/Correct/Supplement Order on Motion for Pre Motion Conference,,, to correct Court Designation by Cory Panebianco. (Barshay, David) |
ORDER granting #5 Motion to Amend/Correct/Supplement. AMENDED ORDER OF REMAND - For the reasons set forth in plaintiff's pre motion conference letter, and, upon review, finding the allegations in the complaint do not allege any injury in fact, and the defendant's removal petition is therefore insufficient, 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), this Court finds that removal was improper. This matter is hereby remanded to the District Court of the County of Suffolk, Sixth District. The Clerk is directed to remand the file and close the case. Ordered by Judge Gary R. Brown on 10/7/2021. c/ecf (Johnston, Linda)
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ORDER granting #4 Motion for Pre Motion Conference and ORDER OF REMAND - For the reasons set forth in plaintiff's pre motion conference letter, and, upon review, finding the allegations in the complaint do not allege any injury in fact, and the defendant's removal petition is therefore insufficient, 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), this Court finds that removal was improper. This matter is hereby remanded to the NY State Supreme Court. The Clerk is directed to remand the file and close the case. Ordered by Judge Gary R. Brown on 10/7/2021. (Brown, Gary)
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| Filing 4 MOTION for pre motion conference TO REMAND TO STATE COURT by Cory Panebianco. (Barshay, David) |
| 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. (Landow, Concetta) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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 NOTICE OF REMOVAL by Cavalry SPV I, LLC from District Court of the County of Suffolk, New York, Patchogue: Sixth District Court, case number CV-2852-21BR. ( Filing fee $ 402 receipt number ANYEDC-14900214) (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service) (Dominczyk, Thomas) |
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