Korzan v. Credit Control Services, Inc.
Plaintiff: Tanya Korzan
Defendant: United Collection Bureau, Inc.
Case Number: 2:2022cv02709
Filed: May 10, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: Anne Y Shields
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. ยง 1692 Fair Debt Collection Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 23, 2022 Civil Case Terminated pursuant to 5/23/2022 Electronic Order of Remand to State Court. (Tirado, Chelsea)
May 23, 2022 Opinion or Order Order of Remand to State Court. Based upon review of the removal papers, complaint, and defendant's response to the Court's Show Cause Order, the Court finds that the allegations in the complaint do not allege an injury in fact as set forth in Transunion LLC v. Ramirez, 2021 WL 2599472 (U.S. June 25, 2021); cf. In re FDCPA Mailing Vendor Cases, No. CV 21-2312, 2021 WL 3160794, at *1 (E.D.N.Y. July 23, 2021); Bush v. Optio Sols., LLC, No. CV211880GRBARL, 2021 WL 3201359, at *3 (E.D.N.Y. July 28, 2021); Zlotnick v. Equifax Info. Servs., LLC, 2022 WL 351996 (E.D.N.Y. Feb. 3, 2022); and Adler v. Penn Credit Corp., 2022 WL 744031 (S.D.N.Y. Mar. 11, 2022). As such, plaintiff lacks standing, and this Court lacks jurisdiction. This matter is hereby remanded to the District Court of the County of Suffolk, which may have jurisdiction over the FDCPA claim (as set forth in the Supreme Court's Transunion decision) and certainly has jurisdiction over plaintiff's NY State law claims. Ordered by Judge Gary R. Brown on 5/23/2022. c/ecf (Cowan, Timothy)
May 18, 2022 Filing 4 RESPONSE TO ORDER TO SHOW CAUSE by United Collection Bureau, Inc. (Attachments: #1 Exhibit) (Siachos, Peter)
May 11, 2022 Opinion or Order 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 7 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), and this Courts decision in Zlotnick v. Equifax, 2022 WL 351996 (E.D.N.Y. Feb. 3, 2022), 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 within five days of the filing by defendants. Ordered by Judge Gary R. Brown on 5/11/2022. c/ecf (Cowan, Timothy)
May 10, 2022 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)
May 10, 2022 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Main Document 2 replaced on 5/10/2022) (Bowens, Priscilla). (Additional attachment(s) added on 5/10/2022: #1 Additional Corrections) (Landow, Concetta).
May 10, 2022 Filing 1 NOTICE OF REMOVAL by United Collection Bureau, Inc. from , case number 0780-22/BR District Court of the County of Suffolk, Sixth District Court in Patchogue Disclosure Statement on Civil Cover Sheet completed -Yes, (Attachments: #1 Civil Cover Sheet, #2 Exhibit A) (Bowens, Priscilla) Modified on 5/10/2022 (Bowens, Priscilla). Modified on 5/10/2022 (Landow, Concetta). (Attachment 2 replaced on 5/17/2022) (Tirado, Chelsea).
May 10, 2022 Case Assigned to Judge Gary R. Brown 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)
May 10, 2022 CIVIL CASE FILING FEE: $ 402, receipt number ANYEDC-15551820 (Siachos, Peter)

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Plaintiff: Tanya Korzan
Represented By: David M. Barshay
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Defendant: United Collection Bureau, Inc.
Represented By: Peter G. Siachos
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