Sykes v. Mel S. Harris and Associates LLC et al
| Monique Sykes |
| Mel S. Harris and Associates LLC, Mel S. Harris, Michael Young, Kerry Lutz, Mel Harris John Does 1-20, Mel Harris Jane Does 1-20, LR Credit 18, LLC, L-Credit, LLC, Leucadia National Corporation, LR Credit John Does 1-20, LR Credit Jane Does 1-20, Samserv, Inc., William Mlotok, Todd Fabacher, Benjamin Lamb, Samserv John Does 1-20 and Samserv Jane Does 1-20 |
| 1:2009cv08486 |
| October 6, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Denny Chin |
| Plaintiff |
| 15:1692 Fair Debt Collection Act |
| Plaintiff |
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Filing
123
OPINION: For the reasons stated above, plaintiffs' motion for class certification is granted. Accordingly the Court certifies(1) the Rule 23(b) (2) injunctive and declaratory relief class comprised of all persons who have been or will be sued by the Mel Harris defendants as counsel for the Leucadia defendants in actions commenced in New York City Civil Court and where a default judgment has been or will be sought --to resolve the equitable portion of plaintiffs' RICO I GBL and Judiciar y Law claims; and (2) the Rule 23(b) (3) liability class --comprised of all person who have been sued by the Mel Harris defendants as counsel for the Leucadia defendants in actions commenced in New York City Civil Court and where a default judgment h as been entered against them --to resolve the issues of whether defendants' actions violated the FDCPA, RICO, New York GBL § 349, and New York Judiciary Law § 487. Plaintiffs shall submit a proposed order on notice within fourteen days hereof. (Signed by Judge Denny Chin on 9/4/2012) (cd)
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Filing
58
OPINION: For the foregoing reasons, defendants' motions are granted in part and denied in part. The following claims are dismissed: the FDCPA claims asserted by Graham as against all defendants; the claims alleging a distinct "Leucadia RICO enterprise," a distinct "Mel Harris RICO enterprise," and a distinct "Samserv RICO enterprise"; the substantive RICO claims against David Waldman, Joseph Orlando, Philip Canella, Benjamin Lamb, Michael Mosquera, John Andino, Husam Al-Atrash, and Assmat Abdelrahman; and the RICO conspiracy and GBL section 349 claims against Waldman, Orlando, and Canella. Plaintiffs may proceed with their remaining claims. The stay on depositions is hereby lifted. The parties shall appear for a status conference on January 11, 2011 at 11:00 a.m. (Signed by Judge Denny Chin on 12/29/2010) (jfe)
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