Maxwell v. Portfolio Recovery Associates, L.L.C.
| Warren Maxwell |
| Portfolio Recovery Associates, L.L.C. |
| 1:2024cv00091 |
| January 17, 2024 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Thomas J McAvoy |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Both |
Docket Report
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This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 Pre-Motion Letter by Portfolio Recovery Associates, L.L.C., Portfolio Recovery Associates, L.L.C. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 3/18/2024 (Floyd, Jonathan) |
| Filing 18 RESPONSE in Opposition re #14 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Warren Maxwell. Motion returnable before Judge Hon. Thomas J. McAvoy MOTION to Dismiss for Failure to State a Claim filed by Warren Maxwell. Motion returnable before Judge Hon. Thomas J. McAvoy filed by Portfolio Recovery Associates, L.L.C.. (Attachments: #1 Exhibit(s) Exhibit A)(Floyd, Jonathan) |
Filing 17
TEXT ORDER granting #16 Letter Motion from Sophia Dauria for Portfolio Recovery Associates, L.L.C., requesting Withdrawal of Counsel : The clerk is directed to terminate Attorney Sophia Dauria, Esq. from the docket. Authorized by Magistrate Judge Christian F. Hummel on 2/21/2024. (tab)
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| Filing 16 Letter Motion from Sophia Dauria for Portfolio Recovery Associates, L.L.C., Portfolio Recovery Associates, L.L.C., Portfolio Recovery Associates, L.L.C. requesting Withdrawal of Counsel submitted to Judge Hon. Thomas J. McAvoy . (Attachments: #1 Proposed Order/Judgment)(Dauria, Sophia) |
| Filing 15 TEXT NOTICE: The Rule 16 Initial Conference scheduled for 2/20/2024 at 11:00AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. The Court will reschedule this conference after the motion to dismiss the counterclaim is decided. (tab) |
| Filing 14 MOTION to Dismiss for Lack of Subject Matter Jurisdiction #13 COUNTERCLAIM filed by Warren Maxwell. Motion returnable before Judge Hon. Thomas J. McAvoy, MOTION to Dismiss for Failure to State a Claim filed by Warren Maxwell. Motion returnable before Judge Hon. Thomas J. McAvoy Response to Motion due by 3/7/2024. Reply to Response to Motion due by 3/14/2024 (Attachments: #1 Affirmation AFFIRMATION OF BRIAN L. PONDER, ESQ. IN SUPPORT OF PLAINTIFFS MOTION TO DISMISS AMENDED COUNTERCLAIM #13 FILED BY DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, L.L.C. PURSUANT TO L.R. 7.1(b)(5), FED. R. CIV. P. 12(b)(1), AND FED. R. CIV. P. 12(b)(6), #2 Exhibit(s) A - Complaint #2 , #3 Exhibit(s) B - Amended Counterclaim #13 , #4 Memorandum of Law MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION TO DISMISS AMENDED COUNTERCLAIM #13 FILED BY DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, L.L.C. UNDER L.R. 7.1(b)(1), FED. R. CIV. P. 12(b)(1), AND FED. R. CIV. P. 12(b)(6)) (Ponder, Brian) |
| Filing 13 AMENDED ANSWER to Plaintiff's Complaint and, Amended COUNTERCLAIM against Warren Maxwell by Portfolio Recovery Associates, L.L.C.. (Floyd, Jonathan) |
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Filing 12
TEXT ORDER granting #11 Letter Motion from Defendant in Response to Pre-Motion Conference for Portfolio Recovery Associates, L.L.C., Portfolio Recovery Associates, L.L.C. requesting Postponement of Conference : As this Court prefers that the parties meet and confer to try and resolve any issues before coming to the Court, the Court Conference scheduled for 2/12/2024 @ 10:30am is adjourned. Parties are directed to file a Status Report by 2/16/2024 regarding this current issue. The civil case management plan that is due on 2/13/2026 is now due on 2/16/2024, along with the status report. The Rule 16 Conference scheduled for 2/20/2024 @ 11:00am remains set unless directed otherwise. Authorized by Magistrate Judge Christian F. Hummel on 2/8/2024. (tab)
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| Filing 11 Letter Motion from Defendant in Response to Pre-Motion Conference for Portfolio Recovery Associates, L.L.C., Portfolio Recovery Associates, L.L.C. requesting Postponement of Conference submitted to Judge Hummel . (Floyd, Jonathan) |
| Filing 10 NOTICE OF APPEARANCE by Jonathan P. Floyd on behalf of Portfolio Recovery Associates, L.L.C. (Floyd, Jonathan) |
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Filing 9
TEXT ORDER granting #8 Letter Motion from Brian L. Ponder, Esq. on behalf of Plaintiff WARREN MAXWELL requesting A COURT CONFERENCE WITH MAGISTRATE JUDGE RE: MOTION TO STRIKE DEFENDANTS AFFIRMATIVE DEFENSES PURSUANT TO L.R. 7.1(b) : A Pre-Motion/Status Filing Conference set for Monday, 2/12/2024 @ 10:30 AM. The conference will be conducted by telephone. Counsel are to DIAL IN @ 518-217-2288 and use Conference ID 826 330 326 # to connect to the conference call. Authorized by Magistrate Judge Christian F. Hummel on 2/6/2024. (tab)
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| Filing 8 Letter Motion from Brian L. Ponder, Esq. on behalf of Plaintiff WARREN MAXWELL for Warren Maxwell, Warren Maxwell requesting A COURT CONFERENCE WITH MAGISTRATE JUDGE RE: MOTION TO STRIKE DEFENDANTS AFFIRMATIVE DEFENSES PURSUANT TO L.R. 7.1(b)(5) AND FED. R. CIV. P. 12(f) submitted to Judge Hon. Christian F. Hummel . (Ponder, Brian) |
| Filing 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction #5 COUNTERCLAIM filed by Warren Maxwell. Motion returnable before Judge Hon. Thomas J. McAvoy, MOTION to Dismiss for Failure to State a Claim filed by Warren Maxwell. Motion returnable before Judge Hon. Thomas J. McAvoy Response to Motion due by 2/20/2024. Reply to Response to Motion due by 2/26/2024 (Attachments: #1 Affirmation AFFIRMATION OF BRIAN L. PONDER, ESQ. IN SUPPORT OF PLAINTIFFS MOTION TO DISMISS COUNTERCLAIM #5 FILED BY DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, L.L.C. PURSUANT TO L.R. 7.1(b)(5), FED. R. CIV. P. 12(b)(1), AND FED. R. CIV. P. 12(b)(6), #2 Exhibit(s) A - true and correct copy of Plaintiffs Complaint #2 , #3 Exhibit(s) B - true and correct copy of the Counterclaim #5 filed by Defendant PORTFOLIO RECOVERY ASSOCIATES, L.L.C., #4 Memorandum of Law MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION TO DISMISS COUNTERCLAIM #5 FILED BY DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, L.L.C. PURSUANT TO L.R. 7.1(b)(1), FED. R. CIV. P. 12(b)(1), AND FED. R. CIV. P. 12(b)(6)) (Ponder, Brian) Modified on 1/29/2024 to edit docket text (ztc). |
| Filing 6 NOTICE OF APPEARANCE by Brian L. Ponder on behalf of Warren Maxwell (Ponder, Brian) |
| ***Answer due date updated for #5 Counterclaim for Warren Maxwell answer due 2/14/2024. (ztc) |
| Filing 5 ANSWER to Complaint and Affirmative Defenses, COUNTERCLAIM against Warren Maxwell by Portfolio Recovery Associates, L.L.C..(Dauria, Sophia) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 2/20/2024 at 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/13/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc) |
| ***Answer due date updated for Portfolio Recovery Associates, L.L.C. answer due 1/24/2024. (ztc) |
| Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Portfolio Recovery Associates, L.L.C. identifying Corporate Parent PRA Group, Inc. for Portfolio Recovery Associates, L.L.C. (ztc) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff in NYS Supreme Court Albany County. (ztc) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court Albany County, case number 912209-23 (Filing fee $405 receipt number ANYNDC-6582087) filed by Portfolio Recovery Associates, L.L.C. (Attachments: #1 Exhibit A- State Court Record, #2 Exhibit B- Notice of Filing Notice of Removal, #3 Civil Cover Sheet)(ztc) |
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| Plaintiff: Warren Maxwell | |
| Represented By: | Brian L. Ponder |
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| Defendant: Portfolio Recovery Associates, L.L.C. | |
| Represented By: | Sophia N. Dauria |
| Represented By: | Jonathan P. Floyd |
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