Leap v. LTD Financial Services, L.P. et al
| Garret Leap |
| LTD Financial Services, L.P., LTD Acquisitions LLC, Equifax Information Services, LLC, Experian Information Solutions, Inc. and Transunion LLC |
| 2:2022cv04604 |
| August 4, 2022 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Arlene R Lindsay |
| Consumer Credit |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
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SCHEDULING ORDER: In light of the #11 notice of settlement, the parties must file a stipulation of dismissal on or before November 7, 2022.Ordered by Judge Ann M. Donnelly on 9/8/2022. (Baer, Nicholas)
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| Filing 11 NOTICE of Settlement by Experian Information Solutions, Inc. (Pryor, Stephanie) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Experian Information Solutions, Inc. (Pryor, Stephanie) |
| Filing 9 State Court Record / Letter dated 8/5/2022 from the Suffolk County Clerk's Office, enclosing a certified copy of the Clerk's Minutes for the E-filed Supreme Court case along with a copy of the Notice of Removal. W/Document List attached. (Latka-Mucha, Wieslawa) |
| Filing 8 ANSWER to Complaint by Experian Information Solutions, Inc.. (Pryor, Stephanie) |
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ORDER TO SHOW CAUSE: On August 4, 2022, the defendant Experian Information Solutions filed a #1 notice of removal of the plaintiff's lawsuit brought under the Fair Debt Collection Practices Act ("FDCPA") and the Fair Credit Reporting Act ("FCRA"). The plaintiff alleges that the defendants' FDCPA and FCRA violations have "affect[ed] Plaintiff's creditworthiness and credit score," and that he "has suffered a decreased credit score." (ECF No. 1-2 ¶ 113.) He seeks actual, statutory and punitive damages, attorney's fees, and declaratory and injunctive relief.The Supreme Court has held that, even where a defendant's conduct is prohibited by statute, a plaintiff may not have standing to sue in federal court if the plaintiff has not suffered a concrete injury. See TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2205 (2021) ("[A]n important difference exists between (i) a plaintiff's statutory cause of action to sue a defendant over the defendant's violation of federal law, and (ii) a plaintiff's suffering concrete harm because of the defendant's violation of federal law."). In interpreting TransUnion, the Second Circuit has reiterated that "plaintiffs must show that the statutory violation caused them a concrete harm, regardless of whether the statutory rights violated were substantive or procedural." Maddox v. Bank of New York Mellon Tr. Co., N.A., 19 F.4th 58, 64 n.2 (2d Cir. 2021). Courts in this district have applied that principle in FDCPA and FCRA cases to find that a plaintiff lacks Article III standing where he does not set forth any concrete, particularized injuries apart from alleged statutory violations. See Grauman v. Equifax Info. Servs., LLC, 549 F. Supp. 3d 285 (E.D.N.Y. 2021); Bush v. Optio Sols., LLC, 551 F. Supp. 3d 66 (E.D.N.Y. 2021).By August 22, 2022, the defendant is required to file a letter showing cause why this case should not be remanded to state court for lack of subject matter jurisdiction. The plaintiff's letter-request for a pre-motion conference #6 is denied without prejudice to renew. Ordered by Judge Ann M. Donnelly on 8/8/2022. (Baer, Nicholas)
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| Filing 7 NOTICE of Voluntary Dismissal by Garret Leap DEFENDANT TRANSUNION LLC., ONLY (Goodman, Gregory) |
| Filing 6 First MOTION for pre motion conference Pre-Motion Conference Request Seeking an Order of Remand to State Court or in the alternative, a Request for Mediation by Garret Leap. (Goodman, Gregory) |
| Filing 5 NOTICE by Experian Information Solutions, Inc. (Pryor, Stephanie) |
| 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. (Jakubowski, Laura) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Filing 2 Corporate Disclosure Statement by Experian Information Solutions, Inc. identifying Corporate Parent Experian plc, Other Affiliate Opt-Out Services LLC, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC for Experian Information Solutions, Inc.. (Pryor, Stephanie) |
| Filing 1 NOTICE OF REMOVAL by Experian Information Solutions, Inc. from Suffolk County Supreme Court, case number 612319/2022. ( Filing fee $ 402 receipt number ANYEDC-15813667) Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (Pryor, Stephanie) Modified on 8/4/2022 (Jakubowski, Laura). |
| Case Assigned to Judge Ann M Donnelly 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. (Jakubowski, Laura) |
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