Davanzo v. Selene Finance LP et al
| Maria J. Davanzo |
| Shellpoint Mortgage Servicing, Selene Finance LP and Equifax Information Services LLC |
| 2:2024cv03607 |
| May 17, 2024 |
| U.S. District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| James M Wicks |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Defendant |
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| Filing 28 ANSWER to Complaint by Shellpoint Mortgage Servicing. (Diclemente, Ryan) |
ORDER Plaintiff's claims against Defendant Experian Information Solutions Inc. only are dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) in light of the parties' Stipulation of Dismissal (ECF No. #27 ), because Defendant has neither filed an answer nor a motion for summary judgment. Defendant Experian Information Solutions Inc. is hereby terminated with prejudice. Ordered by Judge Nusrat J. Choudhury on 6/28/2024. (DE)
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| Filing 27 STIPULATION of Dismissal with Prejudice by Experian Information Solutions Inc. (Skedzielewski, Sean) |
| Filing 26 NOTICE of Settlement in Principle by Experian Information Solutions Inc. (Skedzielewski, Sean) |
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ORDER granting #25 Motion for Extension of Time to Answer. This third and final request for an extension of time to respond to the complaint is granted. Defendants shall respond to the complaint on or before July 1, 2024. There will be no further extensions of this deadline, and "final" means "final". See In re Harris, 228 B.R. 740, 745 (Bankr. D. Ariz. 1998) ("the word 'final' means final'") So Ordered by Magistrate Judge James M. Wicks on 6/22/2024. (Wicks, James)
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| Filing 25 Third MOTION for Extension of Time to File Answer to July 1, 2024 by Shellpoint Mortgage Servicing. (Diclemente, Ryan) |
| Filing 24 ANSWER to Complaint by Experian Information Solutions Inc.. (Skedzielewski, Sean) |
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ORDER: Plaintiff's claims against Defendant TransUnion, LLC only are dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) in light of the parties' Stipulation of Dismissal (ECF No. #23 ), because Defendant has neither filed an answer nor a motion for summary judgment. Ordered by Judge Nusrat J. Choudhury on 6/18/2024. (DE)
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| Filing 23 STIPULATION of Dismissal With Prejudice by Trans Union LLC (Hope, Andrew) |
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ORDER granting #21 Motion for Extension of Time to Answer. Defendant Experian Information Solutions Inc. ("Experian") is directed to answer or otherwise respond to Plaintiff's Complaint on or before June 21, 2024. So Ordered by Magistrate Judge James M. Wicks on 6/14/2024. (DN)
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| Filing 22 NOTICE of Appearance by Ryan Lawrence Diclemente on behalf of Shellpoint Mortgage Servicing (aty to be noticed) (Diclemente, Ryan) |
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ORDER granting #19 Motion to Adjourn Conference. The Initial Conference via Zoom scheduled for June 25, 2024 at 10:30 AM before Magistrate Judge James M. Wicks has been RESCHEDULED for August 6, 2024 at 10:30 AM. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the Proposed 26(f) Scheduling Order attached at ECF No. #5 and electronically file same with the Court no later than July 30, 2024. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625.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 James M. Wicks on 6/13/2024. (DN)
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| Filing 21 Second MOTION for Extension of Time to File Answer by Experian Information Solutions Inc.. (Skedzielewski, Sean) |
| Filing 20 Corporate Disclosure Statement by Shellpoint Mortgage Servicing identifying Corporate Parent Rithm Capital Corp. for Shellpoint Mortgage Servicing. (Diclemente, Ryan) |
| Filing 19 Proposed MOTION to Adjourn Conference by Maria J. Davanzo. (Byrnes, John) |
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ORDER granting #17 Motion for Extension of Time to Answer. Defendant Shellpoint Mortgage Servicing ("Shellpoint") is directed to answer or otherwise respond to Plaintiff's Complaint on or before June 24, 2024. So Ordered by Magistrate Judge James M. Wicks on 6/11/2024. (DN)
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| Filing 17 Second MOTION for Extension of Time to File Answer by Shellpoint Mortgage Servicing to June 17, 2024 by Shellpoint Mortgage Servicing. (Fox, Colleen) |
| Filing 18 STATE COURT RECORD received from County of Suffolk for E-filed Supreme Court Case, Index No. 606509/2024. (CV) |
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ORDER granting #16 Motion for Extension of Time to Answer. Defendant Shellpoint Mortgage Servicing ("Shellpoint") is directed to answer or otherwise respond to Plaintiff's Complaint on or before June 11, 2024. So Ordered by Magistrate Judge James M. Wicks on 5/29/2024. (DN)
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| Filing 16 Letter MOTION for Extension of Time to File Answer by Shellpoint Mortgage Servicing. (Fox, Colleen) |
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ORDER granting #11 Motion for Extension of Time to Answer. Defendant, Equifax Information Services LLC ("Equifax") is directed to answer or otherwise respond to Plaintiff's Complaint on or before June 24, 2024. So Ordered by Magistrate Judge James M. Wicks on 5/27/2024. (DN)
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| Filing 15 NOTICE of Appearance by Alfred W.J. Marks on behalf of Selene Finance LP (aty to be noticed) (Marks, Alfred) |
| Filing 14 NOTICE of Appearance by Gregory Robert Bruno on behalf of Selene Finance LP (notification declined or already on case) (Bruno, Gregory) |
| Filing 13 ANSWER to Complaint by Selene Finance LP. (Bruno, Gregory) |
| Filing 12 Corporate Disclosure Statement by Equifax Information Services LLC identifying Corporate Parent Equifax Inc. for Equifax Information Services LLC. (Roffe, Jonathan) |
| Filing 11 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal,, by Equifax Information Services LLC. (Roffe, Jonathan) |
| Filing 10 NOTICE of Appearance by Jonathan Roffe on behalf of Equifax Information Services LLC (aty to be noticed) (Roffe, Jonathan) |
| Filing 9 Corporate Disclosure Statement by Trans Union LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion for Trans Union LLC. (Hope, Andrew) |
| Filing 8 ANSWER to Complaint by Trans Union LLC. (Hope, Andrew) |
| Filing 7 NOTICE of Appearance by Andrew George Hope on behalf of Trans Union LLC (aty to be noticed) (Hope, Andrew) |
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ORDER granting #6 Motion for Extension of Time to Answer. Defendant Experian Solutions Inc.'s time within which to respond to the complaint is hereby extended to and including June 14, 2024. So Ordered by Magistrate Judge James M. Wicks on 5/22/2024. (Wicks, James)
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| Filing 6 First MOTION for Extension of Time to File Answer by Experian Information Solutions Inc.. (Skedzielewski, Sean) |
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Filing 5
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held June 25, 2024 at 10:30 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than June 18, 2024. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625.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 James M. Wicks on 5/21/2024. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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| 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 (CL) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Case Assigned to Judge Nusrat Jahan Choudhury 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) |
| This attorney case opening filing has been checked for quality control. (CL) |
| 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.. (Skedzielewski, Sean) |
| Filing 1 NOTICE OF REMOVAL by Experian Information Solutions Inc. from New York State Supreme Court, Suffolk County, case number 606509/2024. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 405 receipt number ANYEDC-17888555) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Filings, #3 Exhibit B - Trans Union Consent, #4 Exhibit C - Selene Finance Consent, #5 Exhibit D - Equifax Consent) (Skedzielewski, Sean) Modified on 5/20/2024 (CL). |
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