Coughlin v. Portfolio Recovery Associates, LLC
| Karen Coughlin |
| Portfolio Recovery Associates, LLC |
| 2:2021cv05968 |
| October 27, 2021 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Arlene R Lindsay |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Both |
Docket Report
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| Document Text |
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| Filing 14 Letter re: Court's December 10, 2021 Order by Portfolio Recovery Associates, LLC (Goldstein, Philip) |
| Filing 13 Notice of Related Case: The Civil Cover Sheet filed in civil action 21-cv-06953(KAM)(ST) indicates a related case. (Jakubowski, Laura) |
| Filing 12 REPLY in Support re Order,, filed by Karen Coughlin. (Attachments: #1 Exhibit Ciccone v. Cavalry Portfolio Services, LLC, No. 21-CV-2428-JS-JMW, 2021 WL 5591725 (E.D.N.Y. Nov. 29, 2021), #2 Exhibit Sputz v. Alltran Financial, LP, No. 21-CV-4663-CS, 2021 WL 5772033 (S.D.N.Y. Dec. 5, 2021), #3 Exhibit Cavazzini v. MRS Associates, No. 21-CV-05087-ARR-ST, 2021 WL 5770273 (E.D.N.Y. Dec. 6, 2021), #4 Exhibit Soto v. Credit Control Services, Inc., No. 2:21-cv-06321-GRB-ST (E.D.N.Y. Dec. 3, 2021), #5 Exhibit Maddox v. Bank of New York Mellon Tr. Co., N.A., __ 4th __, No. 19-1774, 2021 WL 5347004 (2d Cir. Nov. 17, 2021)) (Barshay, David) |
ORDER re [9, 11] : Before the Court is plaintiff's pre-motion conference request to file a motion to remand and defendant's response thereto. It appears that the issue is fully framed and the pre-motion conference letter should be treated as the motion itself. To the extent that any party (1) objects to converting the pre-motion conference letter to the motion or (2) wishes to put additional arguments or authorities before the Court, they may do so by letter filed on or before December 21, 2021. Ordered by Judge Denis R. Hurley on 12/10/2021. (Gapinski, Michele)
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ORDER re #10 Letter MOTION for pre motion conference / Request to Exclude Case from Compulsory Arbitration filed by Portfolio Recovery Associates, LLC: The Court will treat the request for a pre-motion conference as as the motion to exempt from arbitration. To the extent plaintiff wishes to be heard on the matter, he may file opposing papers on or before December 6, 2021; defendant may file a reply on or before December 8, 2021. Ordered by Judge Denis R. Hurley on 12/1/2021. (Gapinski, Michele)
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| Filing 11 Letter response to Plaintiff Karen Coughlins pre-motion letter regarding her intended motion for remand. Dkt. 9. by Portfolio Recovery Associates, LLC (Goldstein, Philip) |
| Motions terminated, docketed incorrectly: #10 Letter MOTION for pre motion conference / Request to Exclude Case from Compulsory Arbitration filed by Portfolio Recovery Associates, LLC. (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 10 Letter application for pre motion conference / Request to Exclude Case from Compulsory Arbitration by Portfolio Recovery Associates, LLC. (Goldstein, Philip) Modified on 11/22/2021 (Cubano, Jazmin). |
| Filing 9 Letter updated letter seeking permission to file Motion for Remand by Karen Coughlin (Attachments: #1 Exhibit decision in Luisi v. Portfolio Recovery Associates, LLC, 2:21-cv- 05725.) (Barshay, David) |
| Filing 8 Notice of Related Case: The Civil Cover Sheet filed in Civil Action Case No. 2:21-cv-06252 (JS)(SIL) indicates that this case is a related case. (Flanagan, Doreen) |
| Filing 7 ANSWER to Complaint by Portfolio Recovery Associates, LLC. (Goldstein, Philip) |
| Filing 6 NOTICE Designating Case To Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7. The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7. An Arbitration Hearing will be scheduled after an Answer is filed (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
| Filing 5 Notice of Related Case: The Civil Cover Sheet filed in Civil Action Case No. 2:21-cv-05970 (DRH)(ST) indicates that this case is a related case. (Flanagan, Doreen) |
| Filing 4 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 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Filing 2 Corporate Disclosure Statement by Portfolio Recovery Associates, LLC identifying Corporate Parent PRA Group, Inc. for Portfolio Recovery Associates, LLC. (Goldstein, Philip) |
| Filing 1 NOTICE OF REMOVAL by Portfolio Recovery Associates, LLC from District Court of the County of Suffolk (Patchogue) - Sixth District, case number CV-003128-21/BR. ( Filing fee $ 402 receipt number ANYEDC-14971021) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Notice to State Court, #3 Civil Cover Sheet, #4 Certificate of Service) (Goldstein, Philip) Modified on 10/27/2021 (Landow, Concetta). |
| 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. (Landow, Concetta) |
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| Plaintiff: Karen Coughlin | |
| Represented By: | David M. Barshay |
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| Defendant: Portfolio Recovery Associates, LLC | |
| Represented By: | Philip A. Goldstein |
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