Lamonsoff v. The Receivable Management Services, LLC
| Eric J. Lamonsoff |
| The Receivable Management Services, LLC |
| 2:2022cv00092 |
| January 6, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Arlene R Lindsay |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Both |
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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 District Court of the County of Nassau. Ordered by Judge Joan M. Azrack on 1/28/2022. (Newbill, Quenique)
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| Filing 8 Letter concerning Article III standing by The Receivable Management Services, LLC (Little, Brendan) |
| Filing 7 Letter supplement to Plaintiff motion for remand and response to the Court's Directive of January 13, 2022 by Eric J. Lamonsoff (Barshay, David) |
| Filing 6 ANSWER to Complaint by The Receivable Management Services, LLC. (Little, Brendan) |
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ORDER denying #5 Motion for Pre Motion Conference. The premotion conference is waived. This letter #5 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 5 MOTION for pre motion conference TO REMAND TO STATE COURT by Eric J. Lamonsoff. (Barshay, David) |
| 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. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Filing 2 Corporate Disclosure Statement by The Receivable Management Services, LLC identifying Corporate Parent iQor US Inc. for The Receivable Management Services, LLC. (Little, Brendan) Modified on 1/6/2022 (Flanagan, Doreen). |
| Filing 1 NOTICE OF REMOVAL by The Receivable Management Services, LLC from District Court of the County of Nassau, Hempstead; First District Court, Case Number CV-016331-21. Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. ( Filing fee $ 402 receipt number ANYEDC-15171232) (Attachments: #1 Exhibit A - Complaint, #2 Civil Cover Sheet) (Little, Brendan) Modified on 1/6/2022 (Flanagan, Doreen). |
| Case Assigned to Judge Joan M. Azrack 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. (Flanagan, Doreen) |
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| Plaintiff: Eric J. Lamonsoff | |
| Represented By: | David M. Barshay |
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| Defendant: The Receivable Management Services, LLC | |
| Represented By: | Brendan Hoffman Little |
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