Donnelly v. Merrick Bank Corporation et al
| Ashley M. Donnelly |
| Merrick Bank Corporation and Equifax Information Services, LLC |
| 2:2022cv04010 |
| July 8, 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 Petition for Removal - Fair Credit Reporti |
| Plaintiff |
Docket Report
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| Civil Case Terminated; Remanded to Nassau County Supreme Court (Cubano, Jazmin) |
Filing 10
SCHEDULING ORDER: Rule 26 Meeting Report due by August 22, 2022. Ordered by Magistrate Judge Arlene R. Lindsay on 7/19/2022. (Attachments: #1 Rule 26(f) form) c/ecf (Imrie, Robert)
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Order Dismissing Parties pursuant to Notice of Settlement. Party Merrick Bank Corporation terminated.Ordered by Judge Gary R. Brown on 7/19/2022. (McMorrow, Karen)
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Order of Remand to State Court. Following review of this matter as well as defendant's response to this Court's Show Cause Order, this matter is remanded for two reasons. First, 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. Second, 28 U.S.C. 1446(b)(2)(A) establishes that "[w]hen a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action." Removing defendant failed to establish in its notice of removal that defendant Equifax Information Services LLC consented to the removal. As such, the case is REMANDED to the state court. The Clerk is directed to return the file to the state court and close the case. Ordered by Judge Gary R. Brown on 7/19/2022. c/ecf (Cowan, Timothy)
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| Filing 9 Letter by Equifax Information Services, LLC (Brownstein, Boris) |
| Filing 8 NOTICE of Appearance by Boris Brownstein on behalf of Equifax Information Services, LLC (aty to be noticed) (Brownstein, Boris) |
| Filing 7 NOTICE of Settlement as to Merrick Bank Corporation only by Ashley M. Donnelly (Russo, Patrick) |
| Filing 6 NOTICE of Appearance by Patrick Paul Russo on behalf of Ashley M. Donnelly (aty to be noticed) (Russo, Patrick) |
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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 7/13/2022. c/ecf (Cowan, Timothy)
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ORDER re #5 : The time for Merrick Bank Corporation to answer, move or otherwise respond to the complaint is extended to and including August 5, 2022.Ordered by Magistrate Judge Arlene R. Lindsay on 7/13/2022. c/ecf (Imrie, Robert)
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| Filing 5 Letter MOTION for Extension of Time to File Answer re #4 Affidavit of Service, #1 Notice of Removal, by Merrick Bank Corporation. (Gibson, Michael) |
| Filing 4 AFFIDAVIT of Service for NOTICE OF REMOVAL served on MAIL (ATTORNEYS OF RECORD) on JULY 8, 2022, filed by Merrick Bank Corporation. (Gibson, Michael) |
| 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) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Filing 1 NOTICE OF REMOVAL by Merrick Bank Corporation from Supreme Court of the State of New York, County of Nassau, case number 608141/2022. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-15728611) (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Complaint) (Gibson, Michael) Modified on 7/8/2022 (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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