Beltrez v. Network Recovery Services, Inc.
| Maria Beltrez |
| Network Recovery Services, Inc. |
| 2:2023cv05647 |
| July 27, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| James M Wicks |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER: Based upon the Court's review of the removal papers, complaint, and the parties' responses to the Court's 7/31/2023 Order to Show Cause, the Court finds that the allegations in the complaint do not allege an injury in fact as set forth in Transunion LLC v. Ramirez, 141 S. Ct. 2190 (2021), a point that Plaintiff "readily concedes." (Dkt. 14, at 2.) Plaintiff thus lacks Article III standing and this Court lacks subject matter jurisdiction. See Maddox v. Bank of New York Mellon Tr. Co., N.A., 19 F.4th 58 (2d Cir. 2021) (finding after TransUnion, plaintiffs' claims seeking statutory damages absent materialized harm were implausible and insufficient to establish Article III standing). Remand is proper despite Plaintiff's conclusory allegation that she suffered "compensable harm" as a result of Defendant's alleged FDCPA violations and is entitled to "damages as provided for by Section 1692k of the FDCPA." (Dkt. 1-1, para. 68; see also Korzan v. United Collection Bureau, Inc., No. 22-CV-2709 (GRB) (AYS) (E.D.N.Y. May 23, 2022) (Docket Order) (remanding FDCPA action to state court under TransUnion where plaintiff alleged entitlement to "statutory damages [...] as provided for by Section 1692k of the FDCPA.").) Accordingly, this matter is remanded to District Court of the County of Suffolk (CV-1315-23/BR). The Clerk of Court is respectfully directed to close this case. Ordered by Judge Pamela K. Chen on 8/21/2023. (KW)
|
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Maria Beltrez (Barshay, David) |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by Maria Beltrez (Barshay, David) |
|
ORDER: The Court is in receipt of Plaintiff's #13 letter seeking clarification on whether the Court expects her to respond to Defendant's #12 response to the 7/31/2023 Order to Show Cause. Plaintiff is permitted to submit a response to the issues raised in Defendant's #12 submission and will have until 8/15/2023 to do so. Ordered by Judge Pamela K. Chen on 8/9/2023. (KW)
|
| Filing 12 RESPONSE to Motion re #9 MOTION for pre motion conference TO REMAND TO STATE COURT filed by Network Recovery Services, Inc.. (Pope, John) |
|
ORDER granting #11 Motion for Extension of Time to Answer. Defendant's deadline to answer or otherwise respond to the complaint is hereby held in abeyance. Following the resolution of the Order to Show Cause or the anticipated motion to remand if filed, whichever is later, Defendant shall have 30 days to answer or otherwise respond to the complaint. So Ordered by Magistrate Judge James M. Wicks on 8/7/2023. (MSH)
|
|
ORDER: Having taken into consideration both equity and judicial economy, the Court consolidates the following cases pursuant to Rule 42(a) of the Federal Rules of Civil Procedure: Beltrez v. Network Recovery Servs., Inc., 23-cv-5647; Beltrez v. Network Recovery Servs., Inc., 23-cv-5649; Beltrez v. Network Recovery Servs., Inc., 23-cv-5650; Beltrez v. Network Recovery Servs., Inc., 23-cv-5651; Beltrez v. Network Recovery Servs., Inc., 23-cv-5653. All filings should be made on docket 23-cv-5647, which is the lead case. The Clerk of Court is respectfully directed to consolidate these cases and terminate the dockets in 23-cv-5649; 23-cv-5650; 23-cv-5651; 23-cv-5653. Ordered by Judge Pamela K. Chen on 8/4/2023. Associated Cases: 2:23-cv-05647-PKC-JMW, 2:23-cv-05649-PKC-JMW, 2:23-cv-05650-PKC-ARL, 2:23-cv-05651-PKC-ARL, 2:23-cv-05653-PKC-JMW (FG)
|
| Filing 11 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Network Recovery Services, Inc.. (Medley, Lori) |
| Filing 10 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates related cases. (LJ) |
| Filing 9 MOTION for pre motion conference TO REMAND TO STATE COURT by Maria Beltrez. (Barshay, David) |
| Filing 8 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. (CL) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) (Main Document 7 replaced on 7/31/2023) (CL). |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge James M. Wicks. 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. (CL) |
|
ORDER TO SHOW CAUSE: The Court is in receipt of Plaintiff's #9 pre-motion conference letter seeking to remand this action, which alleges a violation of the Fair Debt Collection Practices Act ("FDCPA") based on an allegedly misleading, deceptive, and confusing debt collection letter, back to state court. (Dkt. 1, at ECF 6.) Before 2021, the Second Circuit explained that "an alleged violation of [the FDCPA] satisfies the injury-in-fact requirement of Article III." Cohen v. Rosicki, Rosicki & Assocs., P.C., 897 F.3d 75, 81-82 (2d Cir. 2018). In 2021, however, the Supreme Court decided TransUnion LLC v. Ramirez, clarifying that, even where a defendant violates a statute such as the FDCPA, the plaintiff has not necessarily suffered an injury-in-fact sufficient to establish Article III standing. 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."). Since TransUnion, courts in this Circuit have applied that principle to the types of facts alleged here and found that plaintiffs had not suffered injuries-in-fact and thus did not have standing to sue in federal court. See, e.g., Cavazzini v. MRS Assocs., No. 21-CV-5087 (ARR) (ST), 2021 WL 5770273, at *7 (E.D.N.Y. Dec. 6, 2021) ("Multiple courts have found alleged confusion to be insufficient for standing in the FDCPA context." (collecting cases)); Kola v. Forster & Garbus LLP, No. 19-CV-10496 (CS), 2021 WL 4135153, at *1, 7 (S.D.N.Y. Sept. 10, 2021) (explaining that merely receiving a misleading or confusing letter under the FDCPA does not establish an injury-in-fact). Such cases may, however, be brought in state courts, which have jurisdiction to enforce the FDCPA and are not bound by the injury-in-fact requirement of Article III of the Constitution. See Cavazzini, 2021 WL 5770273, at *8; Ciccone v. Cavalry Portfolio, No. 21-CV-2428 (JS) (JMW), 2021 WL 5591725, at *3 (E.D.N.Y. Nov. 29, 2021).In light of the Supreme Court's decision in TransUnion v. Ramirez, 141 S. Ct. 2190, 2205 (2021), the Court directs Defendant to respond to Plaintiff's #9 letter showing cause why this case should not be remanded for lack of standing on or before 8/8/2023. Ordered by Judge Pamela K. Chen on 7/31/2023. (KW)
|
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) (Additional attachment(s) added on 7/27/2023: #1 Additional Corrections) (LJ). |
| Filing 5 Civil Cover Sheet.. by Network Recovery Services, Inc. (Pope, John) |
| Filing 4 NOTICE of Appearance by Lori A Medley on behalf of Network Recovery Services, Inc. (aty to be noticed) (Medley, Lori) |
| Filing 3 NOTICE of Appearance by James S. Frank on behalf of Network Recovery Services, Inc. (aty to be noticed) (Frank, James) |
| Filing 2 Corporate Disclosure Statement by Network Recovery Services, Inc. (Pope, John) |
| Filing 1 NOTICE OF REMOVAL by Network Recovery Services, Inc. from District Court of the County of Suffolk, Sixth District Court: Patchogue, case number CV-1315-23BR. Was the Disclosure Statement on Civil Cover Sheet completed -Yes( Filing fee $ 402 receipt number ANYEDC-16932364) (Attachments: #1 Exhibit Summons and Complaint) (Pope, John) Modified on 7/31/2023 (CL). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Beltrez v. Network Recovery Services, Inc. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Maria Beltrez | |
| Represented By: | David M. Barshay |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Network Recovery Services, Inc. | |
| Represented By: | John Houston Pope |
| Represented By: | James S. Frank |
| Represented By: | Lori A Medley |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
