Pearl Delta Funding LLC v. Illinois Collection Service Inc. et al
| Pearl Delta Funding LLC |
| Illinois Collection Service Inc., DJC Management & Consultants, Inc., Palm Beach Collection Management, Inc., Business Office Solutions, ICS Collection Service, Inc., ICS, INC. and John Cronin |
| Frank Floriani |
| 2:2023cv01153 |
| February 12, 2023 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Steven Tiscione |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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| SELECTION OF MEDIATOR: Frank Floriani selected as Mediator. Date Time and Location in-person/remote: May 12, 2023 (remote) at 10:00 AM Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (TP) |
ORDER REFERRING CASE to Mediation. Mediation shall be completed by 5/20/23.Selection of Mediator due by 4/3/2023. Ordered by Judge Frederic Block on 3/20/2023. (MI)
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| Minute Entry for proceedings held before Judge Frederic Block: Christopher Murray, Esq. for the plaintiff and Baruch Gottesman, Esq. by telephone for the defendants, all present. Pre-motion conference held on 3/20/2023. Defendants anticipated motion to dismiss was discussed. The case is referred to court mediation. All discovery and motion practice is stayed while the parties are pursuing mediation.(Court Reporter: Not Reported) (MI) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (TP) |
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Filing 12
SCHEDULING ORDER: Defendants letter application #8 dated 2/19/23 is GRANTED. An in person pre motion conference is scheduled for March 20, 2023 @ 3:30PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 3/6/2023. (MI)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 3/20/2023 03:30 PM before Judge Frederic Block. (MI) |
| Filing 11 Letter in Opposition to Defendants' Letter Request For A Pre-Motion To Dismiss Conference by Pearl Delta Funding LLC (Murray, Christopher) |
| Filing 10 NOTICE of Appearance by Christopher Ryan Murray on behalf of Pearl Delta Funding LLC (aty to be noticed) (Murray, Christopher) |
| Filing 9 NOTICE of Consent to Change Attorney by Christopher Ryan Murray (Murray, Christopher) |
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Order re: Notice of Consent to Change Attorney. Attorney Yehuda Klein terminated. So Ordered by Magistrate Judge Steven Tiscione on 2/28/2023. (LV)
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| Filing 8 Letter MOTION to Dismiss for Failure to State a Claim pursuant to this Court's Individual Practice Rules, Rule 2(A) by All Defendants by Business Office Solutions, John Cronin, DJC Management & Consultants, Inc., ICS Collection Service, Inc., ICS, INC., Illinois Collection Service Inc., Palm Beach Collection Management, Inc.. (Gottesman, Baruch) |
| Filing 7 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. (LJ) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 5 Civil Cover Sheet.. Re #1 Notice of Removal,,,,,, by Business Office Solutions, John Cronin, DJC Management & Consultants, Inc., ICS Collection Service, Inc., ICS, INC., Illinois Collection Service Inc., Palm Beach Collection Management, Inc. (Gottesman, Baruch) |
| Filing 4 Civil Cover Sheet.. Re #1 Notice of Removal,,,,,, by Business Office Solutions, John Cronin, DJC Management & Consultants, Inc., ICS Collection Service, Inc., ICS, INC., Illinois Collection Service Inc., Palm Beach Collection Management, Inc. (Gottesman, Baruch) |
| This case has been opened in the Eastern District of New York. Yehuda Klein - If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (LJ) |
| Notice: Re: Incomplete Civil Cover Sheet. A Civil Cover Sheet was not filed; the Clerk's Office cannot assign this case without a Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| Notice: Re: Incomplete Civil Cover Sheet. A completed Civil Cover Sheet was not filed - specifically page 2 of the document - please complete all applicable questions under Certificate of Arbitration, Disclosure Statement, NY-E Division of Business Rule 1(c) and Bar Admission. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Steven Tiscione. 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. (LJ) |
| Filing 3 Letter Demand on Plaintiff for Verified Statement Pursuant to Local Civil Rule 26.1 by Business Office Solutions, John Cronin, DJC Management & Consultants, Inc., ICS Collection Service, Inc., ICS, INC., Illinois Collection Service Inc., Palm Beach Collection Management, Inc. (Gottesman, Baruch) |
| Filing 2 Corporate Disclosure Statement by Business Office Solutions, John Cronin, DJC Management & Consultants, Inc., ICS Collection Service, Inc., ICS, INC., Illinois Collection Service Inc., Palm Beach Collection Management, Inc. (Gottesman, Baruch) |
| Filing 1 NOTICE OF REMOVAL by Business Office Solutions, John Cronin, DJC Management & Consultants, Inc., ICS Collection Service, Inc., ICS, INC., Illinois Collection Service Inc., Palm Beach Collection Management, Inc. from Supreme Court of the State of New York in and for the County of Nassau, case number 600694/2023. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-16400639) (Attachments: #1 Exhibit Summons and Complaint filed in Supreme Court of the State of New York in and for the County of Nassau under Index No. 600694/2023 (NYSCEF Doc. 1), #2 Exhibit Purported Service of Process on Illinois Collection Service Inc. (NYSCEF Doc. 2), #3 Exhibit Purported Service of Process on DJC Management & Consultants, Inc. (NYSCEF Doc. 3), #4 Exhibit Purported Service of Process on Palm Beach Collection Management, Inc. (NYSCEF Doc. 4), #5 Exhibit Purported Service of Process on Business Office Solutions (NYSCEF Doc. 5), #6 Exhibit Purported Service of Process on ICS Collection Service, Inc. (NYSCEF Doc. 6), #7 Exhibit Purported Service of Process on ICS, Inc. (NYSCEF Doc. 7), #8 Exhibit Purported Service of Process on John Cronin (NYSCEF Doc. 8), #9 Exhibit Affirmation of Service of Notice of Impending Default Judgment (NYSCEF Doc. 9), #10 Exhibit Draft Notice of Filing of Notice of Removal to be filed in State Case, #11 Exhibit Notice of Removal of State Court Action in Pearl Delta Funding LLC v. Jeffrey J. Peabody Plumbing & Heating LLC, et ano., Case 1:22-cv-01725 (March 28, 2022 E.D.N.Y.), #12 Exhibit Notice of Removal in Pearl Delta Funding LLC v. Health Top Travel USA L.L.C., et ano, Case No. 1:22-cv-8543 (Oct. 6, 2022 W.D.N.Y.)) (Gottesman, Baruch) Modified on 2/13/2023 (LJ). |
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