Ripalda v. LVNV Funding, LLC et al
| Carlos A Ripalda |
| LVNV Funding, LLC and Resurgent Capital Services, L.P. |
| 2:2022cv02776 |
| May 12, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Defendant |
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| Civil Case Terminated pursuant to 5/23/2022 Electronic Order of Remand to State Court. (Tirado, Chelsea) |
Order of Remand to State Court. Based upon review of the removal papers, complaint, and defendants' 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 State of New York, Nassau County, which may have jurisdiction. Ordered by Judge Gary R. Brown on 5/23/2022. c/ecf (Cowan, Timothy)
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| Filing 6 Letter Brief Regarding Plaintiff's Standing by LVNV Funding, LLC, Resurgent Capital Services, L.P. (Robbin, Jonathan) |
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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 5 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 with five days of the filing by defendants. Ordered by Judge Gary R. Brown on 5/17/2022. c/ecf (Cowan, Timothy)
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| Filing 5 ANSWER to Complaint with Affirmative Defenses, COUNTERCLAIM against Carlos A Ripalda by Resurgent Capital Services, L.P., LVNV Funding, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Robbin, Jonathan) |
| 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) |
| Filing 2 NOTICE of Appearance by Jonathan M. Robbin on behalf of LVNV Funding, LLC, Resurgent Capital Services, L.P. (aty to be noticed) (Robbin, Jonathan) |
| Filing 1 NOTICE OF REMOVAL by LVNV Funding, LLC, Resurgent Capital Services, L.P. from District Court, Nassau County, case number CV-003841-22.Was the Disclosure Statement on Civil Cover Sheet completed -NO ( Filing fee $ 402 receipt number ANYEDC-15560024) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (Dicicco, Jacquelyn) Modified on 5/12/2022 (Landow, Concetta). |
| Case Assigned to Judge Gary R. Brown 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. (Landow, Concetta) |
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