Garcia v. Kirschenbaum & Phillips, PC et al
Plaintiff: Dalia Garcia
Defendant: Kirschenbaum & Phillips, PC and Discover Bank
Case Number: 2:2023cv09223
Filed: December 18, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Steven Tiscione
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. ยง 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2024 Filing 10 NOTICE of Settlement by Dalia Garcia (Wennemer, Robert)
February 8, 2024 Opinion or Order ORDER re #10 Notice of Settlement filed by Dalia Garcia. In light of the notification by Plaintiff's counsel that the parties have reached a settlement in this case, the deadlines set on January 12th are stayed. The parties shall electronically filed the dismissal with the Court no later than March 12, 2024. So Ordered by Magistrate Judge Steven Tiscione on 2/8/2024. (LV)
January 12, 2024 Filing 9 Minute Entry for Initial Conference Hearing held on 1/12/2024 before Magistrate Judge Steven Tiscione: Wennemer for Plaintiff; Kohl for Defendants. Case is scheduled for arbitration on April 11, 2024. Parties shall file a joint status report by April 18, 2024. Parties will advise the Court if a settlement conference would be productive. (Not Recorded.) (LV)
January 10, 2024 Filing 8 Proposed Scheduling Order /Joint Discovery Plan Worksheet by Dalia Garcia (Wennemer, Robert)
December 27, 2023 Filing 7 NOTICE DESIGNATING CASE TO ARBITRATION and NOTICE OF ARBITRATION HEARING The Arbitration hearing is scheduled to be held on : April 11, 2024 at 10:00 a.m.The deadline to select an arbitrator and schedule a pre-arbitration conference with the arbitrator is February 9, 2024Counsel shall select an Arbitrator from the Courts Panel of Arbitrators and submit a fully executed Stipulation for Selection of Arbitrator to the ADR Coordinator noting the date of the pre-hearing conference. The Stipulation for Selection of Arbitrator can be found here: https://www.nyed.uscourts.gov/adr-forms. Counsel, please do not enter the Stipulation for Selection of Arbitrator on the docket. Counsel will return the fully executed Stipulation to the ADR Coordinator, Rita Credle at: Rita_credle@nyed.uscourts.gov. (RC)
December 27, 2023 CASE REFERRED to Arbitration. (RC)
December 26, 2023 Filing 6 ANSWER to Complaint by All Defendants. (Kohl, Michael)
December 21, 2023 Filing 5 CONSENT to Jurisdiction by US Magistrate Judge by Dalia Garcia. (Wennemer, Robert)
December 20, 2023 Opinion or Order Filing 4 SCHEDULING ORDER: This case has been assigned to the undersigned Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. https://img.nyed.uscourts.gov/files/general-ordes/AdminOrder2023-23.pdf. The Administrative Order answers to Frequently Asked Questions about the Pilot Program.An initial conference will be held at 10:00 a.m. on January 12, 2024 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. The attached Discovery Plan Worksheet is to be completed by counsel and electronically filed with the Court by January 10th. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 12/20/2023. (LV)
December 18, 2023 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD)
December 18, 2023 Filing 2 Civil Cover Sheet.. by Discover Bank, Kirschenbaum & Phillips, PC (CV)
December 18, 2023 Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme NY Kings County, case number 532017/2023. ( Filing fee $ 405 receipt number ANYEDC-17385473) (Attachments: #1 Removal Action Complaint) (Kohl, Michael)
December 18, 2023 Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit the Completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD)
December 18, 2023 Case Assigned to 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. (CL)
December 18, 2023 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CL)

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Plaintiff: Dalia Garcia
Represented By: Robert George Wennemer, Jr
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Defendant: Kirschenbaum & Phillips, PC
Represented By: Michael L. Kohl
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Defendant: Discover Bank
Represented By: Michael L. Kohl
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