Castellano v. Financial Recovery Services, Inc.
| Michele Castellano |
| Financial Recovery Services, Inc. |
| 2:2021cv07083 |
| December 22, 2021 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Anne Y Shields |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| Document Text |
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Order of Remand to State Court. For the reasons set forth in Ciccone v. Cavalry Portfolio Servs., LLC, No. 21-CV-2428, 2021 WL 5591725 (E.D.N.Y. Nov. 29, 2021) and In re FDCPA Mailing Vendor Cases , No. CV 21-2312, 2021 WL 3160794 (E.D.N.Y. July 23, 2021), which are incorporated herein by reference, Plaintiff's allegations fail to adequately plead a concrete injury-in-fact or that Defendant's conduct places them at risk of future economic harm. See, also, Sputz v. Alltran Fin., LP, No. 21-CV-4663, 2021 WL 5772033 (S.D.N.Y. Dec. 5, 2021); Cavazzini v. MRS Assocs., No. 21-CV-5087, 2021 WL 5770273 (E.D.N.Y. Dec. 6, 2021).Accordingly, Plaintiff lacks Article III standing and this Court lacks subject matter jurisdiction. See Maddox v. Bank of New York Mellon Tr. Co., N.A., 19 F.4th 58 (2d Cir. 2021)(finding after TransUnion v. Ramirez, 141 S. Ct. 2190 (2021), plaintiffs' claims seeking statutory damages absent materialized harm were implausible and insufficient to establish Article III standing). Plaintiff has requested sanctions, which the Court denies. This matter is hereby remanded to the District Court of the County of Suffolk. Ordered by Judge Joan M. Azrack on 1/28/2022. (Newbill, Quenique)
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| Filing 8 Letter supplement to Plaintiff motion for remand and response to the Court's Directive of January 13, 2022 by Michele Castellano (Barshay, David) |
| Filing 7 Letter Responding to Motion to Remand by Financial Recovery Services, Inc. (Etmund, Michael) |
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ORDER denying #4 Motion for Pre Motion Conference. The premotion conference is waived. This letter #4 is deemed to constitute Plaintiff's motion to remand to state court. To assist the Court in its review of standing in this action, parties are directed to respond via letter no more than 7 pages filed on ECF within 10 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 or dismissed. Ordered by Judge Joan M. Azrack on 1/13/2022.(Newbill, Quenique)
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| Filing 6 RESPONSE to Motion re #4 MOTION for pre motion conference TO REMAND TO STATE COURT filed by Financial Recovery Services, Inc.. (Etmund, Michael) |
| Filing 5 ANSWER to Complaint by Financial Recovery Services, Inc.. (Etmund, Michael) |
| Filing 4 MOTION for pre motion conference TO REMAND TO STATE COURT by Michele Castellano. (Barshay, David) |
| Filing 3 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) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields. 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 of the County of Suffolk Patchogue: Sixth District Court, case number CV-003618-21/BR. Was the Disclosure Statement on Civil Cover Sheet completed -Yes( Filing fee $ 402 receipt number ANYEDC-15140235) (Attachments: #1 Exhibit 1- state court summons and complaint, #2 Civil Cover Sheet) (Etmund, Michael) Modified on 12/28/2021 (Landow, Concetta). |
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| Plaintiff: Michele Castellano | |
| Represented By: | David M. Barshay |
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| Defendant: Financial Recovery Services, Inc. | |
| Represented By: | Michael Thomas Etmund |
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