Colas v. Portfolio Recovery Associates, LLC
| Flavie Colas |
| Portfolio Recovery Associates, LLC |
| 2:2021cv06953 |
| December 17, 2021 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Steven Tiscione |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
Docket Report
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Filing 15
STIPULATION AND ORDER TO REMAND TO STATE COURT: WHEREAS, based on the representations of Plaintiff that the Complaint, as to Plaintiffs FDCPA claims, seeks only statutory damages, the parties stipulate that the operative Complaint in this matter does not allege an injury in fact sufficient to establish Article III standing; and The Court finding, as a result of the parties agreement, For good cause shown, IT IS ORDERED on this 27th day of January, 2022 that this matter is remanded to the Second District Court of Suffolk County, New York. Ordered by Judge Kiyo A. Matsumoto on 1/27/2022. (Williams-Jackson, Sandra)
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| Filing 14 Letter re: Remand by Portfolio Recovery Associates, LLC (Attachments: #1 Stipulation and (Proposed) Order) (Goldstein, Philip) |
| Filing 13 NOTICE of Appearance by Emily Y Rottmann on behalf of Portfolio Recovery Associates, LLC (notification declined or already on case) (Rottmann, Emily) |
| Filing 12 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15219183. by Portfolio Recovery Associates, LLC. (Attachments: #1 Affidavit of Emily Y. Rottmann, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order, #4 Certificate of Service) (Rottmann, Emily) |
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ORDER granting #12 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #12 submitted by EMILY ROTTMANN for defendant and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 1/24/2022. (Vasquez, Lea)
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| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 1/24/2022. Appearances: David Barshay, Esq. for Plaintiff; Emily Rottmann and Philip Goldstein, Esqs., for Defendant. The court conducted a pre-motion conference regarding plaintiff's proposed motion to remand and also discussed defendant's request to exempt this case from the Court-Annexed Arbitration Program. The court held the motion schedule in abeyance to afford the parties an opportunity to resolve their dispute. By 5:30 PM on Wednesday, January 26, 2022, the parties shall file a joint status letter informing the court how they would like to proceed, including whether they will agree to remand this case to state court. (Court Reporter Rivka Teich) (Duhaime, Daniel) |
| Filing 11 NOTICE DESIGNATING CASE TO ARBITRATION and NOTICE OF ARBITRATION HEARING The Arbitration hearing is scheduled for: April 5, 2022 @ 10:00 a.m.The deadline to select an arbitrator and schedule a pre-arbitration conference with the arbitrator is March 4, 2022.Counsel shall select an Arbitrator from the Courts Panel of Arbitrators and submit a fully executed Stipulation for Selection of Arbitrator to the ADR Coordinator noting the date of the pre-hearing conference. The Stipulation for Selection of Arbitrator can be found here: https://www.nyed.uscourts.gov/adr-forms. Counsel shall not enter the Stipulation for Selection of Arbitrator on the docket. Counsel will return the fully executed Stipulation to the ADR Coordinator, Rita Credle at: Rita_credle@nyed.uscourts.gov (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
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ORDER terminating #6 Motion. The court terminates the motion at docket number 6, which was incorrectly filed as a motion to remand rather than a request for a pre-motion conference. The court GRANTS Plaintiff's #6 request for a pre-motion conference. The parties shall appear telephonically for a pre-motion conference on January 24, 2022 at 2:00 PM. At the conference, the parties may also address Defendant's #8 letter regarding the Court Annexed Arbitration Program. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 12/29/2021. (Duhaime, Daniel)
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| Filing 10 ANSWER to Complaint by Portfolio Recovery Associates, LLC. (Goldstein, Philip) |
| Filing 9 RESPONSE to Motion re #6 MOTION to Remand to State Court pre-motion conference filed by Portfolio Recovery Associates, LLC. (Goldstein, Philip) |
| Filing 8 Letter re: Arbitration by Portfolio Recovery Associates, LLC (Goldstein, Philip) |
| Filing 7 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(d) which 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(d)(3). (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
| Filing 6 MOTION to Remand to State Court pre-motion conference by Flavie Colas. (Attachments: #1 Exhibit decision in Luisi v. Portfolio Recovery Associates, LLC, 2:21-cv- 05725.) (Barshay, David) |
| Filing 5 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates related cases. (Jakubowski, Laura) |
| 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. (Jakubowski, Laura) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Case Assigned to Judge Kiyo A. Matsumoto 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. (Jakubowski, Laura) |
| 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 (Lindenhurst), New York: Second District Court, case number CV-2513-21/BA. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-15126163) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Certificate of Service) (Goldstein, Philip) Modified on 12/20/2021 (Jakubowski, Laura). |
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| Plaintiff: Flavie Colas | |
| Represented By: | David M. Barshay |
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| Defendant: Portfolio Recovery Associates, LLC | |
| Represented By: | Philip A. Goldstein |
| Represented By: | Emily Y Rottmann |
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