Martine v. Portfolio Recovery Associates, LLC
Judna P. Martine |
Portfolio Recovery Associates, LLC |
2:2021cv07025 |
December 21, 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
This docket was last retrieved on January 10, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Order of Remand to State Court. Upon review, finding the allegations in the complaint do not allege any injury in fact, and after consideration of defendant's response to the Court's Show Cause Order, 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), plaintiff lacks standing, and this Court lacks jurisdiction. This matter is hereby remanded to the NY State District Court, which *may* have jurisdiction over the FDCPA claim (as set forth in the Supreme Court's Transunion decision) and certainly has jurisdiction over any NY State law claims. The Clerk is directed to close the case.Ordered by Judge Gary R. Brown on 1/10/2022. (Brown, Gary) |
Filing 6 Letter in response to this Courts sua sponte order to show cause regarding Article III standing. by Portfolio Recovery Associates, LLC (Goldstein, Philip) |
Filing 5 ANSWER to Complaint by Portfolio Recovery Associates, LLC. (Goldstein, Philip) |
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 within 14 days of the date of this order, 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 remanded. Defendant is further instructed to clarify how this action differs from Luisi v. Portfolio Recovery Assocs., LLC, No. 21-CV-5725. Plaintiff shall file any response thereto with ten days of the filing by defendants. Ordered by Judge Gary R. Brown on 12/23/2021. c/ecf (Cowan, Timothy) |
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) |
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 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-2515-21/BA. Was the Disclosure Statement on Civil Cover Sheet completed -Yes( Filing fee $ 402 receipt number ANYEDC-15133581) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Certificate of Service) (Goldstein, Philip) Modified on 12/22/2021 (Landow, Concetta). |
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Plaintiff: Judna P. Martine | |
Represented By: | David M. Barshay |
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Defendant: Portfolio Recovery Associates, LLC | |
Represented By: | Philip A. Goldstein |
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