Williams Jr. v. Credit Corp Solutions, Inc.
| Robert Williams Jr. |
| Credit Corp Solutions, Inc. doing business as Tasman Credit |
| 2:2021cv05729 |
| October 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 |
| Defendant |
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Order of Remand to State Court. The motion for a pre-motion conference, DE 7, is deemed made and GRANTED. As to Count One, Defendant concedes Article III standing is not satisfied. DE 11 at 1. As to the balance, Plaintiff argues that "this matter should be summarily remanded back to state court" because the "Notice of Removal is completely silent as to Plaintiff's standing under Article III." DE 7 at 2. 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. CV 21-1880(GRB)(ARL), 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 10/26/2021. c/ecf (Tahbaz, Joseph)
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| Filing 12 NOTICE of Appearance by Hilary Felice Korman on behalf of Credit Corp Solutions, Inc. (aty to be noticed) (Korman, Hilary) |
| Filing 11 RESPONSE to Motion re #7 MOTION for pre motion conference TO REMAND TO STATE COURT and Pursuant to the Court's Order to Show Cause Filed on October 19, 2021 filed by Credit Corp Solutions, Inc.. (Jiao, Chenxi) |
| Filing 10 RESPONSE in Opposition re #9 Letter MOTION for pre motion conference on proposed motion to dismiss filed by Robert Williams Jr.. (Barshay, David) |
| Filing 9 Letter MOTION for pre motion conference on proposed motion to dismiss by Credit Corp Solutions, Inc.. (Jiao, Chenxi) |
| Filing 8 NOTICE of Appearance by Scott Evan Wortman on behalf of Credit Corp Solutions, Inc. (aty to be noticed) (Wortman, Scott) |
| Filing 7 MOTION for pre motion conference TO REMAND TO STATE COURT by Robert Williams Jr.. (Barshay, David) |
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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 on or before October 25, 2021, as follows:1. Does the complaint set forth a factual basis for any concrete, particularized injury in fact from the statutory violations alleged herein? 2. If such concrete injury is not claimed, 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 continued litigation of this matter in this Court, or indicate whether defendant consents to remand. Notably, plaintiff has already filed a response indicating that remand would be appropriate as plaintiff has not alleged facts supporting standing, so further response by plaintiff, as well as oral argument, will NOT be required. Ordered by Judge Gary R. Brown on 10/19/2021. c/ecf (Tahbaz, Joseph)
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| Filing 6 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. (Corsini, Alexander) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Corsini, Alexander) |
| 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. (Corsini, Alexander) |
| Filing 4 CERTIFICATE OF SERVICE by Credit Corp Solutions, Inc. re #1 Notice of Removal, #2 Corporate Disclosure Statement, #3 Proposed Summons/Civil Cover Sheet (Jiao, Chenxi) |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal, by Credit Corp Solutions, Inc. (Jiao, Chenxi) |
| Filing 2 Corporate Disclosure Statement by Credit Corp Solutions, Inc. identifying Corporate Parent Credit Corp Facilities Pty Ltd. for Credit Corp Solutions, Inc.. (Jiao, Chenxi) |
| Filing 1 NOTICE OF REMOVAL by Credit Corp Solutions, Inc. from Nassau County District Court, Second District, Hempstead, case number CV-012620-21. ( Filing fee $ 402 receipt number ANYEDC-14932170) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Pleading, #3 Exhibit 2 - Proposed Notice of Filing of Notice of Removal) (Jiao, Chenxi) |
| Notice Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Specifically, on Page 2 of the Civil Cover Sheet, under the Rule 50.1(d)(2) Section, Question 2 (c) has not been completed. Because this case is a Fair Debt Collection Practices Act Case, Question 2(c) must be completed. Please resubmit a corrected Civil Cover Sheet. This event can be found under the event Other Filings - Other Documents - Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
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| Plaintiff: Robert Williams Jr. | |
| Represented By: | David M. Barshay |
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| Defendant: Credit Corp Solutions, Inc. doing business as Tasman Credit | |
| Represented By: | Chenxi Jiao |
| Represented By: | Scott Evan Wortman |
| Represented By: | Hilary Felice Korman |
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