Gray et al v. Capstone Financial et al
| Michele Gray and Cheetah Foods LLC |
| Tyler Stone and Capstone Financial |
| 1:2020cv00896 |
| August 10, 2020 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Gary L Sharpe |
| Real Property: Foreclosure |
| 12 U.S.C. ยง 3751 |
| None |
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This docket was last retrieved on November 5, 2020. A more recent docket listing may be available from PACER.
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Filing 5
REPORT-RECOMMENDATION & ORDER - ORDERED, that the motion for leave to proceed IFP (Dkt. No. 2) is GRANTED as to plaintiff Michele Gray only. RECOMMENDED, that the claims asserted by co-plaintiff Cheetah Foods LLC be DISMISSED without prejudice. RECOMMENDED, that plaintiff's Fair Debt Collection Practices Act, Federal Trade Commission Act, Truth In Lending Act, Home Ownership Equity Protection Act, and violation of the automatic bankruptcy stay claims be DISMISSED with prejudice. RECOMMENDED, that the remainder of plaintiff's complaint be DISMISSED without prejudice and with leave to replead. RECOMMENDED, that, if the District Judge permits plaintiff to amend her complaint, any amended complaint must be filed within thirty (30) days of the District Judge's Order adopting this Report-Recommendation and Order, and that should plaintiff file such amended complaint, the Clerk of the Court return this case to the Magistrate Judge for further review. That the Clerk serve this Report-Recommendation and Order on plaintiff in accordance with the Local Rules Objections to R&R due by 10/6/2020 Case Review Deadline 10/9/2020. Signed by Magistrate Judge Christian F. Hummel on 9/22/2020. (Attachments: #1 Exhibit(s) Unreported Decisions)(Copy served via regular mail upon plaintiff)(jel, )
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| Filing 4 NOTICE OF CONTACT INFORMATION FOR PLAINTIFF by Michele Gray (jel, ) |
| Filing 3 PRO SE HANDBOOK and NOTICE issued and explained to Michele Gray at time complaint was filed. (jel, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Michele Gray. Motions referred to Christian F. Hummel. (jel, ) Modified on 8/11/2020 (jel, ). |
| Filing 1 COMPLAINT against Capstone Financial, Tyler Stone filed by Michele Gray, Cheetah Foods LLC. (Attachments: #1 Exhibit(s) 1, #2 Civil Cover Sheet)(jel, ) (Additional attachment(s) added on 8/11/2020: #3 Proposed Summons) (jel, ). |
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