Colas v. Financial Recovery Services, Inc. et al
| Flavie Colas |
| Financial Recovery Services, Inc. and Cavalry SPV I, LLC |
| 2:2021cv07081 |
| December 22, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2022. A more recent docket listing may be available from PACER.
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| Civil Case Terminated pursuant to 1/13/2022 Electronic Order of Remand to State Court. (Tirado, Chelsea) |
Order of Remand to State Court. 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) (which plaintiff was a party to) 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 District Court of Suffolk County. Ordered by Judge Gary R. Brown on 1/13/2022. c/ecf (Cowan, Timothy)
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| Filing 10 Letter in Response to Order to Show Cause Regarding Standing by Financial Recovery Services, Inc. (Etmund, Michael) |
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ORDER granting #8 Motion for Extension of Time to Answer. Defendant Cavalry SPV I, LLC shall answer, move, or otherwise respond to the Complaint on or before 1/28/2022. Ordered by Magistrate Judge James M. Wicks on 1/5/2022. (Weinstein, Tracy)
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| Filing 9 Letter confirming prior consent to notice of removal by Cavalry SPV I, LLC (Dominczyk, Thomas) |
| Filing 8 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, without consent by Cavalry SPV I, LLC. (Dominczyk, Thomas) |
| Filing 7 NOTICE of Appearance by Thomas R Dominczyk on behalf of Cavalry SPV I, LLC (aty to be noticed) (Dominczyk, Thomas) |
| Filing 6 Letter advising Defendant's Failure to Satisfy the Rule of Unanimity by Flavie Colas (Barshay, David) |
| Filing 5 ANSWER to Complaint by Financial Recovery Services, Inc.. (Etmund, Michael) |
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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 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. Plaintiff shall file any response thereto with ten days of the filing by defendants. Ordered by Judge Gary R. Brown on 12/28/2021. c/ecf (Cowan, Timothy)
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| 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 James M. Wicks. 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 Financial Recovery Services, Inc. (Etmund, Michael) |
| Filing 1 NOTICE OF REMOVAL by Financial Recovery Services, Inc. from District Court County of Suffolk Lindenhurst; Second District, case number CV-002516-21/BA. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-15140140) (Attachments: #1 Exhibit 1 - state court summons and complaint, #2 Civil Cover Sheet) (Etmund, Michael) Modified on 12/27/2021 (Landow, Concetta). |
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