Zephrine v. Resurgent Capital Services L.P. et al
| Tarik Elijah Zephrine |
| Resurgent Capital Services L.P. and LVNV Funding LLC |
| 2:2023cv09415 |
| December 21, 2023 |
| US District Court for the Eastern District of New York |
| Natasha C Merle |
| Anne Y Shields |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 15, 2024. A more recent docket listing may be available from PACER.
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SCHEDULING ORDER: re #14 Letter filed by LVNV Funding LLC, Resurgent Capital Services L.P. Defense counsel's request to appear remotely for the March 6, 2024 initial conference is DENIED. A review of the docket reflects that two attorneys currently appear as attorneys of record for Defendants. Therefore, while the Court notes that the application was made on consent, counsel's application to appear remotely due to both her late stage in pregnancy and her distance from the courthouse is, nevertheless, denied. The initial conference shall go forward as originally scheduled, as an in-person conference on March 6, 2024, at 1:30 PM in courtroom 840 of the Central Islip courthouse. So Ordered by Magistrate Judge Anne Y. Shields on 2/15/2024. (DM)
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| Filing 14 Letter Request to Appear Virtually by LVNV Funding LLC, Resurgent Capital Services L.P. (Dicicco, Jacquelyn) |
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Filing 13
ORDER: An IN-PERSON Initial Conference is set for 3/6/2024 at 01:30 PM in Courtroom 840 before Magistrate Judge Anne Y. Shields. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 2/9/2024. (Attachments: #1 AYS RULES) (JT)
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| Filing 12 ANSWER to #1 Complaint, by LVNV Funding LLC, Resurgent Capital Services L.P.. (Dicicco, Jacquelyn) |
| Case Reassigned to Judge Natasha C. Merle and Magistrate Judge Anne Y. Shields. Judge Hector Gonzalez no longer assigned to the case. 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. (BBM) |
| Filing 11 Letter MOTION for Extension of Time to File Answer by LVNV Funding LLC, Resurgent Capital Services L.P.. (Dicicco, Jacquelyn) |
| Filing 10 NOTICE of Appearance by Jacquelyn Alena Dicicco on behalf of All Defendants (aty to be noticed) (Dicicco, Jacquelyn) |
| Filing 9 NOTICE of Appearance by Jonathan M. Robbin on behalf of All Defendants (aty to be noticed) (Robbin, Jonathan) |
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ORDER: The Court grants Defendants' motion for an extension of time, see ECF No. #11 , and Defendants shall file an answer or otherwise respond to Plaintiff's complaint on or before February 2, 2024. Ordered by Judge Hector Gonzalez on 2/1/2024. (ICP)
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| Filing 8 SUMMONS Returned Executed by Tarik Elijah Zephrine. LVNV Funding LLC served on 1/8/2024, answer due 1/29/2024; Resurgent Capital Services L.P. served on 1/8/2024, answer due 1/29/2024. (Elo, Elliot) |
| Filing 7 Request for Refund of Fees Paid Electronically approved by Lisa Florio, Operations Manager, on 1/8/2024. (Attachments: #1 24cv46 docket, #2 24cv46 complaint, #3 24cv46 ACO QC check) (LF) |
| Filing 6 Letter MOTION for Refund of Fees Paid Electronically by Tarik Elijah Zephrine. (Attachments: #1 Exhibit, #2 Exhibit) (Elo, Elliot) |
| Filing 5 Summons Issued as to All Defendants. (LJ) |
| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before January 29, 2024, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 1/8/2024. (ICP)
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| Case Assigned to Judge Hector Gonzalez. 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 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Additional attachment(s) added on 1/8/2024: #1 Additional Corrections) (LJ). |
| Filing 2 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, by Tarik Elijah Zephrine (Elo, Elliot) |
| Missing 2nd Page of Civil Cover Sheet NOTICE: Incomplete Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please resubmit a COMPLETED Civil Cover Sheet including the SECOND PAGE (Not the Instruction Page). This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. |
| Filing 1 COMPLAINT TARIK ELIJAH ZEPHRINE against LVNV Funding LLC, Resurgent Capital Services L.P. filing fee $ 405, receipt number ANYEDC-17401643 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Tarik Elijah Zephrine. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Elo, Elliot) |
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