O'Neill v. Law Offices of Steven Cohen, LLC et al
| John J. O'Neill |
| LVNV Funding, LLC, Resurgent Capital Services, LP, Alegis Group, LLC, Law Offices of Steven Cohen, LLC and Steven Cohen |
| James M Baker |
| 1:2014cv07636 |
| September 19, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Debra C Freeman |
| Edgardo Ramos |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2016. A more recent docket listing may be available from PACER.
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Filing 125
AGREED ORDER OF DISMISSAL WITH PREJUDICE AS TO DEFENDANTS STEVEN COHEN AND LAW OFFICES OF STEVEN COHEN. Pursuant to Federal Rule of Civil Procedure 41, Plaintiff John O'Neill and the remaining Defendants Stephen Cohen and The Law Offices of Steven Cohen, LLC (collectively "Cohen") propose this agreed order dismissing this action with prejudice pursuant to Fed.R.Civ.P. 41(a)(2) with each party to bear its own costs, pursuant to the terms of their settlement agreement. The Court maintains jurisdiction lo enforce the terms in the settlement agreement between Plaintiff and the Cohen Defendants. As per this Court's August 24, 2015 dismissal order [DE 67] as to LVNV Funding, LLC, Resurgent Capital Services, LP, and Alegis Group, LLC (collectively "Resurgent"), this Court retains jurisdiction to enforce the prior settlement agreement between Plaintiff and Resurgent. An executed faxed copy of this Stipulalion shall be deemed as a signed original. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/9/2016) (adc)
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| Terminate Transcript Deadlines. (adc) |
| ***NOTE TO ATTORNEY TO E-MAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Matthew Bizzaro to E-MAIL Document No. #124 Stipulation of voluntary dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (jk) |
| Filing 124 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Law Offices of Steven Cohen, LLC, Steven Cohen and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Law Offices of Steven Cohen, LLC, Steven Cohen.(Bizzaro, Matthew) Modified on 3/9/2016 (jk). |
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Filing 123
ORDER granting #122 LETTER MOTION for Extension of Time to File letter motion to compel responses to outstanding discovery demands addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 02/17/2016. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. Granted. (This resolves Dkt. 122). So ordered. (Signed by Magistrate Judge Debra C. Freeman on 2/17/2016) (rjm)
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| Filing 122 LETTER MOTION for Extension of Time to File letter motion to compel responses to outstanding discovery demands addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 02/17/2016. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
| Filing 121 NOTICE of Withdrawal of Michael E. Pereira. Document filed by John J. O'Neill. (Pereira, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held on 2/4/2016. (aba) |
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Filing 120
ORDER denying as moot #83 Letter Motion for Conference; this Court held a conference on 10/21/15, and addressed the issue raised in counsel's letter at that time. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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Filing 119
ORDER granting #91 Letter Motion for Conference. Settlement conference scheduled for 2/4/16 at 2:00 p.m., in Courtroom 17A, 500 Pearl Street. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 118 MEMO ENDORSEMENT on re: #108 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 12/17/2015. filed by John J. O'Neill. ENDORSEMENT: The application to reopen defendant Cohen's deposition is denied. Plaintiff may, however, serve brief contention interrogatories, asking whether Cohen is contending that Plaintiff's alleged damages were caused, in whole or in part, by any third parties and, if so, asking further for the identification of each such third party and the basis of Cohen's contention. (Signed by Magistrate Judge Debra C. Freeman on 1/15/2016) (mro) |
| Filing 117 REPLY MEMORANDUM OF LAW in Support re: #108 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 12/17/2015. . Document filed by John J. O'Neill. (Keshavarz, Ahmad) |
| Filing 116 LETTER REPLY to Response to Motion addressed to Magistrate Judge Debra C. Freeman from James M. Baker dated January 12, 2016 re: #107 LETTER MOTION for Conference addressed to Magistrate Judge Debra C. Freeman from James M. Baker dated December 17, 2015. . Document filed by James M Baker. (Baker, James) |
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Filing 115
ORDER granting #114 Letter Motion to Adjourn Conference. Status conference adjourned to March 9, 2016, at 11:00 am. (Status Conference set for 3/9/2016 at 11:00 AM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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| Filing 114 LETTER MOTION to Adjourn Conference on January 8, 2016 addressed to Judge Edgardo Ramos from Plaintiff John O'Neill dated 1/5/2016. Document filed by John J. O'Neill.(Pereira, Michael) |
| Filing 113 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 12/29/2015 re: #108 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 12/17/2015. . Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Bizzaro, Matthew) |
| Filing 112 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 12/29/2015 re: #101 LETTER MOTION for Discovery to quash subpoena on prior counsel of plaintiff addressed to Magistrate Judge Debra C. Freeman from Ahmad Keshavarz dated November 25, 2015. . Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. (Attachments: #1 Exhibit)(Bizzaro, Matthew) |
| Filing 111 LETTER addressed to Magistrate Judge Debra C. Freeman from James M. Baker dated December 21, 2015 re: Motion to Quash. Document filed by James M Baker. (Attachments: #1 Subpoena to Testify at Deposition)(Baker, James) |
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Filing 110
ORDER denying #108 Letter Motion for Local Rule 37.2 Conference. This Court finds that neither a pre-motion conference, nor a formal motion, is necessary to resolve this discovery dispute. The Court deems Plaintiff's letter to constitute a motion seeking leave to re-depose Mr. Cohen, and directs Defendant to file a letter in opposition, responding to the substance of the motion, no later than 1/8/16. Plaintiff shall a reply, if any, no later than 1/12/16. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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Filing 109
ORDER denying #107 Letter Motion for Conference. This Court finds that no pre-motion conference is necessary. Mr. Baker is directed either (a) to file a motion to quash the subpoena no later than 1/8/16 (to which defendants should respond no later than 1/22/16, with any reply filed no later than 1/26/16), or (b) to inform the Court by 12/21/15 that he would like the Court to deem his 12/17/15 letter to constitute a motion to quash (in which case defendants should respond, by letter opposition, no later than 1/8/16, with reply, if any, filed by 1/12/16). (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 108 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 12/17/2015. Document filed by John J. O'Neill.(Keshavarz, Ahmad) |
| Filing 107 LETTER MOTION for Conference addressed to Magistrate Judge Debra C. Freeman from James M. Baker dated December 17, 2015. Document filed by James M Baker.(Baker, James) |
| Filing 106 NOTICE OF APPEARANCE by James M. Baker on behalf of James M Baker. (Baker, James) |
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Filing 105
ORDER granting #104 Letter Motion for Extension of Time to Complete Discovery. SO ORDERED. (This resolves Dkt. 104) (Signed by Magistrate Judge Debra C. Freeman on 12/11/2015) (kko)
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| Set/Reset Deadlines: Deposition due by 1/27/2016. Discovery due by 3/8/2016. Motions due by 2/8/2016. Responses due by 1/5/2016. (kko) |
| Filing 104 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 12/11/2015. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 12/1/2015. Settlement conference scheduled for 2/4/16 at 2:00 p.m. (aba) Modified on 12/15/2015 (aba). |
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Filing 103
ORDER denying without prejudice #101 Letter Motion to Quash Subpoena, for the reasons stated at the telephone conference held 12/1/15, including that Plaintiff has not demonstrated standing to move to quash. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 102 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 11/30/2015 re: #101 LETTER MOTION for Discovery to quash subpoena on prior counsel of plaintiff addressed to Magistrate Judge Debra C. Freeman from Ahmad Keshavarz dated November 25, 2015. . Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. (Attachments: #1 Exhibit)(Bizzaro, Matthew) |
| Filing 101 LETTER MOTION for Discovery to quash subpoena on prior counsel of plaintiff addressed to Magistrate Judge Debra C. Freeman from Ahmad Keshavarz dated November 25, 2015. Document filed by John J. O'Neill. (Attachments: #1 Exhibit Subpoena to prior counsel)(Keshavarz, Ahmad) |
| Filing 100 ANSWER to #99 Amended Complaint. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
| Filing 99 FIRST AMENDED COMPLAINT amending #2 Complaint, against Steven Cohen, Law Offices of Steven Cohen, LLC with JURY DEMAND.Document filed by John J. O'Neill. Related document: #2 Complaint, filed by John J. O'Neill.(Keshavarz, Ahmad) |
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Filing 98
MEMO ENDORSEMENT on re: #94 Letter request regarding Motions to Amend Pleadings, filed by Steven Cohen, Law Offices of Steven Cohen, LLC. ENDORSEMENT: SO ORDERED. (Amended Pleadings due by 11/13/2015.) (Signed by Judge Edgardo Ramos on 11/9/2015) (kl)
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Filing 97
STIPULATION OF CONSENT FOR PLAINTIFF TO FILE THE AMENDED COMPLAINT: IT IS HEREBY STIPLUATED AND AGREED, by and between the undersigned attorneys for the respective parties hereto, that Defendants Steven Cohen and Law Offices of Steven Cohen (collectively "the Attorney Defendants") consent to Plaintiff filing the proposed amended complaint as set forth in [DE 88-1](the "amended complaint"). Plaintiff agrees that the Attorney Defendants are not waiving their right to assert any affirmative defenses in response to the amended complaint, including but not limited to, an affirmative defense based upon any setoff/offset to which they may be entitled. Plaintiff further agrees that by consenting to the amended complaint, the Attorney Defendants are not waiving any defenses to liability or damages, which they may have. SO ORDERED. (Signed by Judge Edgardo Ramos on 11/9/2015) (kl)
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| Filing 96 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 09/25/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca) |
| Filing 95 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 9/25/2015 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/3/2015. Redacted Transcript Deadline set for 12/14/2015. Release of Transcript Restriction set for 2/10/2016.(ca) (Main Document 95 replaced on 11/9/2015) (ca). |
| Filing 94 LETTER addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated 11/09/2015 re: Motions to Amend Pleadings. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. (Attachments: #1 Stipulation)(Bizzaro, Matthew) |
| Filing 93 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 11/6/2015 re: #91 LETTER MOTION for Conference (settlement conference) addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 11/03/2015. . Document filed by John J. O'Neill. (Keshavarz, Ahmad) |
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Filing 92
ORDER granting #90 Letter Motion for Conference. A pre-motion conference will be held on November 18, 2015 at 11:30 am. Plaintiff is directed to submit a written response not longer than 3 pages by 5:00 pm, Wednesday, November 11, 2015. (Pre-Motion Conference set for 11/18/2015 at 11:30 AM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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| Filing 91 LETTER MOTION for Conference (settlement conference) addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 11/03/2015. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
| Filing 90 LETTER MOTION for Conference (pre-motion conference) addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated 11/03/2015. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. (Attachments: #1 Red-lined copy of proposed amended answer)(Bizzaro, Matthew) |
| Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 10/30/2015. Plaintiff's counsel present. Defendant's counsel present. Plaintiff granted leave to file a motion to amend the complaint with the following briefing schedule: moving papers due November 13, 2015; opposition due November 30, 2015; and reply due December 7, 2015. (Motions due by 11/13/2015. Responses due by 11/30/2015. Replies due by 12/7/2015.) (Court Reporter Eve Giniger) (jar) |
| Filing 89 LETTER addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated 10/23/2015 re: Response to plaintiff's opposition. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
| Filing 88 LETTER REPLY to Response to Motion addressed to Judge Edgardo Ramos from Plaintiff John O'Neill dated 10/21/2015 re: #82 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Edgardo Ramos from Plaintiff John O'Neill dated 10/15/2015. . Document filed by John J. O'Neill. (Attachments: #1 Exhibit A, revised proposed amended complaint, #2 Exhibit B, red-lined original proposed amended complaint)(Keshavarz, Ahmad) |
| Filing 87 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 10/21/15 re: Response to plaintiff's opposition. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. (Attachments: #1 Exhibit)(Bizzaro, Matthew) |
| Filing 86 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 10/19/2015 re: #83 LETTER MOTION for Conference (telephone conference) addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 10/16/2015. And Plaintiff's request for leave to depose the witness Virgil Williams. Document filed by John J. O'Neill. (Attachments: #1 Exhibit A)(Keshavarz, Ahmad) |
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Filing 85
ORDER granting #82 Letter Motion for Conference. A pre-motion conference will be held on October 30, 2015 at 11:30 am. (Pre-Motion Conference set for 10/30/2015 at 11:30 AM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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| Filing 84 LETTER addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated 10/16/2015 re: Opposition to motion to amend. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. (Attachments: #1 Exhibit)(Bizzaro, Matthew) |
| Filing 83 LETTER MOTION for Conference (telephone conference) addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 10/16/2015. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
| Filing 82 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Edgardo Ramos from Plaintiff John O'Neill dated 10/15/2015. Document filed by John J. O'Neill. (Attachments: #1 Exhibit A-Proposed Amended Complaint)(Keshavarz, Ahmad) |
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Filing 81
ORDER granting #72 Letter Motion to the extent it sought a discovery conference (as this Court held the requested conference on 9/25/15), and, after having heard argument by counsel, granting in part, and denying in part, the discovery relief sought. Specifically, Defendants' application for a protective order is granted to the extent that no deposition of the witness Virgil Williams shall be held at this time. Instead, Defendants are directed to provide Plaintiff with an affidavit from Mr. Williams on the question of whether he received any consumer complaints regarding collections of invalid judgments; if, after receipt and review of that affidavit, Plaintiff still believes that Mr. Williams should be made available for deposition questioning, then Plaintiff should explain his reasoning to the Court. Defendants' application to compel Plaintiff to produce Plaintiff's settlement agreement with the Resurgent Defendants, or to disclose the agreement's terms, is denied. Defendant has not shown that discovery of the settlement agreement would be reasonably calculated to lead to the discovery of admissible evidence relevant to any issue in this case, other than the apportionment of damages. See Fed. R. Civ. P. 26(b)(1). Under these circumstances, "[c]ourts routinely hold that settlement agreements may be withheld until after trial." King Cnty., Wash. v. IKB Deutsche Industriebank AG, No. 09cv8387 (SAS), 2012 WL 3553775, at *1 (S.D.N.Y. Aug. 17, 2012) (noting that a defendant can raise a setoff defense without knowing the settlement amount); see also ABF Capital Mgmt. v. Askin Capital, No. 95cv8905 (RWS), 200 WL 191698, at *3 (S.D.N.Y. Feb. 10, 2000) (finding that party arguing setoff defense was not entitled to production of settlement agreement before trial). (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 80 AMENDED ANSWER to #2 Complaint,. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. (Bizzaro, Matthew) |
| Filing 79 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
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Filing 78
MEMO ENDORSEMENT on re: #74 Response to Motion, filed by John J. O'Neill. ENDORSEMENT: Defendant granted leave to file an amended answer by Thursday, October 1, 2015. The September 18 pre-motion conference is canceled, and the status conference is adjourned to January 8, 2016 at 11:00 am. SO ORDERED., ( Amended Pleadings due by 10/1/2015., Status Conference set for 1/8/2016 at 11:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 9/17/2015) (ama)
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| Filing 77 LETTER RESPONSE to Motion addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 09/17/2015 re: #72 LETTER MOTION for Discovery addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 09/04/2015. In reply to plaintiff's opposition. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. (Bizzaro, Matthew) |
| Filing 76 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 9/14/2015 re: #72 LETTER MOTION for Discovery addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 09/04/2015. . Document filed by John J. O'Neill. (Attachments: #1 Exhibit A)(Keshavarz, Ahmad) |
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Filing 75
ORDER granting #73 Letter Motion for Extension of Time. SO ORDERED. (This resolves Dkt. 73) (Signed by Magistrate Judge Debra C. Freeman on 9/11/2015) (kl)
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| Set/Reset Deadlines: Responses due by 9/17/2015. (kl) |
| Filing 74 LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Plaintiff John O'Neill dated 9/11/2015 re: #68 LETTER MOTION for Conference for leave to amend addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated August 27, 2015. Plaintiff consents to Defendants' request. Document filed by John J. O'Neill. (Keshavarz, Ahmad) |
| Filing 73 LETTER MOTION for Extension of Time to Respond to [DE 72] addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 9/10/2015. Document filed by John J. O'Neill.(Keshavarz, Ahmad) |
| Filing 72 LETTER MOTION for Discovery addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 09/04/2015. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. (Attachments: #1 Exhibit Discovery Demands)(Bizzaro, Matthew) |
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Filing 71
ORDER granting #70 Letter Motion to Adjourn Conference. Status Conference set for 9/18/2015 at 11:30 AM before Judge Edgardo Ramos. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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| Filing 70 LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated 08/31/15. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
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Filing 69
ORDER granting #68 Letter Motion for Conference. A pre-motion conference will be held on September 18, 2015 at 11:30 am. Plaintiff is directed to submit a written response not longer than 3 pages by Friday, September 11, 2015. (Pre-Motion Conference set for 9/18/2015 at 11:30 AM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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| Filing 68 LETTER MOTION for Conference for leave to amend addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated August 27, 2015. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 8/26/2015. Telephone conference scheduled for 9/25/15 at 11:30 a.m. (aba) |
| Filing 67 STIPULATION OF DISMISSAL ONLY AS TO DEFENDANTS LVNV FUNDING, LLC, RESURGENT CAPITAL SERVICES, LP AND ALEGIS GROUP, LLC. Plaintiff, John O'Neill, hereby voluntarily dismisses this action against only as to Defendants LVNV FUNDING, LLC, RESURGENT CAPITAL SERVICES, LP AND ALEGIS GROUP, LLC, with prejudice, and without costs, disbursements, or attorney's fees to either party as against the other. Said Parties request that the Court retain jurisdiction to enforce the terms of the settlement between said parties. This dismissal does not prejudice Plaintiff's rights as to the remaining Defendants. An executed faxed copy of this Stipulation shall be deemed as a signed original. Resurgent Capital Services, LP, Alegis Group, LLC and LVNV Funding, LLC terminated. (Signed by Judge Edgardo Ramos on 8/24/2015) (rjm). |
| ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Ahmad Keshavarz to E-MAIL Document No. #66 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km) |
| Filing 66 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by John J. O'Neill.(Keshavarz, Ahmad) Modified on 8/20/2015 (km). |
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Filing 65
ORDER: 1. Having now been persuaded that the LVNV Defendants have met their burden of demonstrating that good cause exists for protection of "training materials" and "purchasing agreements" from public disclosure, given the LVNV Defendants' representations as to the nature of the information contained therein, see Houbigant, Inc. v. Dev. Specialists, Inc., No. 01cv7388 (LTS)(GWG), 2003 WL 21688243 (S.D.N.Y. July 21, 2003), this Court declines to modify the Protective Order with respect to these categories of documents. 2. With respect to "collection and servicing agreements," though, Plaintiff has represented that only "one" such agreement is at issue in this case, and that this agreement was entered into over eight years ago (Dkt. 42, at 12-13), and the LVNV Defendants have not met their burden of establishing that any "clearly defined, specific, and serious injury" would now result from this one agreement's disclosure, US. Commodity Futures Trading Comm'n v. Parnon Energy Inc., No. 11cv3543 (WHP), 2013 WL 5882921, at *2-3 (S.D.N.Y. Oct. 25, 2013) (citations omitted), aff'd, 593 F. App'x 32 (2d Cir. 2014). Accordingly, paragraph 2(d) of the Protective Order is stricken. (Signed by Magistrate Judge Debra C. Freeman on 8/17/2015) (mro)
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Filing 64
ORDER denying #59 Letter Motion for Local Rule 37.2 Conference. No later than August 14, 2015, the LVNV Defendants shall amend their responses to Document Request Nos. 2, 3, and 21 of Plaintiff's "Re-sent First Set of Discovery Demands" (dated April 7, 2015), as the LVNV Defendants had previously agreed to do. The LVNV Defendants' objection to Document Request No. 3 of "Plaintiffs Third Set of Discovery Requests to All Defendants," dated June 4, 2015, is hereby overruled to the extent as further set forth in this Order. Plaintiff's request that this Court compel production of the "Agency Work Standards Manuar' (as discussed at the August 7th conference) is denied without prejudice. on the ground that - based on representations made by counsel for the LVNV Defendants - Plaintiff has not made an adequate showing of the relevance of this document. No later than August 24, 2015. the LVNV Defendants shall produce an amended privilege log sufficient to comply with Local Civil Rule 26.2. With respect to the email sent from Laura Hill to Edward Damsky on November 4, 2014 (Dkt. 59-2), the LVNV Defendants shall. no later than August 24, 2015, produce, as further set forth in this Order. Absent stipulation by the parties to modify this date, the depositions of the LVNV Defendants, and of Plaintiff shall take place no later than September 18, 2015. The deadline for the filing of any motions to amend the pleadings or to join any additional parties is extended to October 15, 2015. The deadline for the completion of all fact discovery is extended to December 28,2015. This deadline is final and will not be extended further. The remainder of Plaintiff's requests to compel discovery are denied, and the Clerk of Court is directed to close Dkt. 59 on the docket of this action. (As further set forth in this Order.) (Signed by Magistrate Judge Debra C. Freeman on 8/12/2015) (tro)
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| Set/Reset Deadlines: Fact Discovery due by 12/28/2015. Motions due by 10/15/2015. (tro) |
| Filing 63 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Debra C. Freeman from Ahmad Keshavarz dated August 10, 2015 re: #59 LETTER MOTION for Local Rule 37.2 Conference to compel; enforce the prior discovery Order; and set dates certain addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 7/29/2015. Plaintiff's proposed order.. Document filed by John J. O'Neill. (Attachments: #1 Exhibit A - comparison of two proposed orders)(Keshavarz, Ahmad) |
| Filing 62 LETTER REPLY to Response to Motion addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 8/5/2015 re: #59 LETTER MOTION for Local Rule 37.2 Conference to compel; enforce the prior discovery Order; and set dates certain addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 7/29/2015. . Document filed by John J. O'Neill. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Keshavarz, Ahmad) |
| Filing 61 LETTER addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated 08/05/2015 re: Attorney Defendants do not intend to file the motion pursuant to Rule 12(b)(1) and Rule 12(c) of the Federal Rules of Civil Procedure at this time. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
| Filing 60 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Han Sheng Beh dated August 4, 2015 re: #59 LETTER MOTION for Local Rule 37.2 Conference to compel; enforce the prior discovery Order; and set dates certain addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 7/29/2015. . Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP. (Attachments: #1 Exhibit A)(Beh, Han Sheng) |
| Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 7/31/2015. A pre-motion conference held on July 31, 2015. Plaintiffs counsel is present. Defendants shall advise the Court if they wish to move to dismiss by Wednesday, August 5, 2015. If Defendants so wish, they are to provide the Court with a joint proposed briefing schedule. (Court Reporter Sam Mauro) (jar) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing held via telephone on 7/30/2015. (aba) |
| Filing 59 LETTER MOTION for Local Rule 37.2 Conference to compel; enforce the prior discovery Order; and set dates certain addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 7/29/2015. Document filed by John J. O'Neill. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Keshavarz, Ahmad) |
| Filing 58 LETTER addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 7/28/2015 re: Letter to correct [DE 55], his "request to overrule Defendants last minute objections to long-served deposition topics". Document filed by John J. O'Neill.(Keshavarz, Ahmad) |
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Filing 57
ORDER granting #55 Letter Motion for Local Rule 37.2 Conference.This Court will hold a telephone conference on July 30, 2015 at 12:00 p.m. to address the issues raised in Dkts. 55 and 56. The parties are directed to initiate a call to my chambers at that time. This resolves Dkt. 55. Telephone Conference set for 7/30/2015 at 12:00 PM before Magistrate Judge Debra C. Freeman. (Signed by Magistrate Judge Debra C. Freeman on 7/28/2015) (mro)
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| Filing 56 LETTER RESPONSE to Motion addressed to Magistrate Judge Debra C. Freeman from Han Sheng Beh dated July 27, 2015 re: #55 LETTER MOTION for Local Rule 37.2 Conference regarding Plaintiff's request to overrule Defendants' last minute objections to long-served deposition topics addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neil . Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP. (Attachments: #1 Exhibit Exhibit A)(Beh, Han Sheng) |
| Filing 55 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference regarding Plaintiff's request to overrule Defendants' last minute objections to long-served deposition topics addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 7/27/2015. Document filed by John J. O'Neill.(Keshavarz, Ahmad) Modified on 7/28/2015 (db). |
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Filing 54
ORDER granting #53 Letter Motion to Adjourn Conference. The pre-motion conference is adjourned to Friday, July 31, 2015 at 12:00 pm. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ahmad Keshavarz to RE-FILE Document #50 Response in Opposition to Motion. Use the event type Letter found under the event list Other Documents. (db) |
| Filing 53 FIRST LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated 07/20/2015. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
| Filing 52 MEMO ENDORSEMENT on re: #44 MOTION to Stay (temporary stay of depositions) filed by Steven Cohen, Law Offices of Steven Cohen, LLC. ENDORSEMENT: This Court having considered Defendants' request for a stay of depositions pending the resolution of Defendants' proposed motion to dismiss the Complaint in this action (see Dkts. 44, 45, 48; see also Dkt. 46), as well as Plaintiff's response to Defendants' request (Dkt. 50), Defendants' request for a stay is hereby denied. The parties are directed to proceed with the depositions of Defendants Steven Cohen and Resurgent Capital Services as currently scheduled. (Signed by Magistrate Judge Debra C. Freeman on 7/20/2015) (kko) Modified on 7/20/2015 (kko). |
| Filing 51 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro dated 07/14/2015 re: temporary stay of depositions. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Nabil Gallo Foster to RE-FILE Document #45 MOTION to Stay re: #44 MOTION to Stay (temporary stay of depositions). . Use the event type Letter found under the event list Other Documents. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Matthew J. Bizzaro to RE-FILE Document #44 MOTION to Stay (temporary stay of depositions). Use the event type Letter found under the event list Other Documents. (db) |
| Filing 50 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Ahmad Keshavarz dated July 17, 2015 re: #45 MOTION to Stay re: #44 MOTION to Stay (temporary stay of depositions). ., #44 MOTION to Stay (temporary stay of depositions). . Document filed by John J. O'Neill. (Keshavarz, Ahmad) Modified on 7/21/2015 (db). |
| Filing 49 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Plaintiff John O'Neill dated 7/17/2015 re: #46 LETTER MOTION for Conference re: #43 LETTER MOTION for Conference (pre-motion conference) addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated 07/14/2015. addressed to Judge Edgardo Ramos from Nabil G. Foster dated, #43 LETTER MOTION for Conference (pre-motion conference) addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated 07/14/2015. . Document filed by John J. O'Neill. (Keshavarz, Ahmad) |
| Filing 48 LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew J. Bizzaro, Esq. dated 07/17/2015 re: supplemental correspondence to Hon. Freeman dated 7/14/15. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) |
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Filing 47
ORDER granting #43 Letter Motion for Conference. A pre-motion conference will be held on July 29, 2015, at 11:30 am. Plaintiff is directed to submit a written response not longer than 3-pages by 5:00 pm, July 22, 2015. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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| Filing 46 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: #43 LETTER MOTION for Conference (pre-motion conference) addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated 07/14/2015. addressed to Judge Edgardo Ramos from Nabil G. Foster dated July 15, 2015. Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP.(Foster, Nabil) Modified on 7/20/2015 (db). |
| Filing 45 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Stay re: #44 MOTION to Stay (temporary stay of depositions). . Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP.(Foster, Nabil) Modified on 7/20/2015 (db). |
| Filing 44 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Stay (temporary stay of depositions). Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC.(Bizzaro, Matthew) Modified on 7/20/2015 (db). |
| Filing 43 LETTER MOTION for Conference (pre-motion conference) addressed to Judge Edgardo Ramos from Matthew J. Bizzaro dated 07/14/2015. Document filed by Steven Cohen, Law Offices of Steven Cohen, LLC. (Attachments: #1 Exhibit Offer of Judgment)(Bizzaro, Matthew) |
| Filing 42 RESPONSE re: #34 Order to Show Cause,,,,, #38 Declaration, #39 Memorandum of Law . Document filed by John J. O'Neill. (Attachments: #1 Exhibit A-Sales Agreement produced in Agbuya, #2 Exhibit B-collection and servicing agreements produced by other debt collectors)(Keshavarz, Ahmad) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ahmad Keshavarz to RE-FILE Document #41 MOTION for Order to Show Cause response to DE 39. Use the event type Response (non-motion) found under the event list Other Answers. (db) |
| Filing 41 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Order to Show Cause response to DE 39. Document filed by John J. O'Neill. (Attachments: #1 Exhibit A - Sales agreement produced in Agbuya, #2 Exhibit B - collection and servicing agreements produced by other debt collectors)(Keshavarz, Ahmad) Modified on 7/13/2015 (db). |
| Filing 40 NOTICE OF APPEARANCE by Matthew J. Bizzaro on behalf of Steven Cohen, Law Offices of Steven Cohen, LLC. (Bizzaro, Matthew) |
| Filing 39 MEMORANDUM OF LAW re: #34 Order to Show Cause,,,,, (MEMORANDUM OF LAW IN RESPONSE TO ORDER TO SHOW CAUSE). Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP. (Beh, Han Sheng) |
| Filing 38 DECLARATION of Han Sheng Beh re: #34 Order to Show Cause,,,,, (DECLARATION OF HAN SHENG BEH IN RESPONSE TO ORDER TO SHOW CAUSE). Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Beh, Han Sheng) |
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Filing 37
ORDER terminating #35 Letter Motion for Conference; terminating #36 Letter Motion for Conference. Defendants LVNV Funding, LLC; Resurgent Capital Services, LP; and Alegis Group, LLC (collectively, the "LVNV Defendants") having requested a conference pursuant to Local Civil Rule 37.2 to resolve certain discovery disputes, including the timing of depositions (Dkt. 35); and plaintiff John J. O'Neill ("Plaintiff") having moved to compel the LVNV Defendants' production of certain items in discovery (Dkt. 36); and this Court having held a telephone conference with counsel for all parties on June 18, 2015; it is hereby ORDERED, as stated at the conference, that: 1. Now that this Court has issued a Protective Order governing the production of confidential material in this case, the parties shall, no later than June 23, 2015: a. produce unredacted copies of any documents, previously produced in discovery in redacted form; and b. produce all documents that had previously been withheld from production pending this Court's issuance of a protective order. 2. To the extent they have not already done so, the LVNV Defendants are directed to reach out, in writing and no later than June 19, 2015, to their sub-servicers and other entities with which they have contractual relationships and that may have played some role in collecting, or attempting to collect, the purported debt that is the subject of this action, so as to request that each of those entities provide the LVNV Defendants with copies of any documents responsive to the document demands previously served by Plaintiff on the LVNV Defendants. No later than July 2, 2015, the LVNV Defendants are directed to supplement their prior responses to Plaintiff's document demands, by producing any additional, responsive documents that Defendants obtain through this effort. 3. Plaintiff and the LVNV Defendants are directed to confer, promptly and in good faith, as to whether Plaintiff will revise the Interrogatories and/or Requests for Admissions he previously served on the LVNV Defendants. a. If Plaintiff opts not to revise his previously served Interrogatories and/or Requests for Admissions, then the LVNV Defendants are directed to revise their previously provided responses, no later than June 26, 2015, so as to ensure that those responses comply fully with the Federal Rules of Civil Procedure. b. If Plaintiff opts to revise his previously served Interrogatories and/or Requests for Admissions, then he is directed to do so no later than June 26, 2015. The LVNV Defendants shall then respond to the revised Interrogatories and/or Requests for Admissions no later than July 10, 2015. 4. The deadline for Defendants to respond to this Court's previously issued Order to Show Cause (Dkt. 34) is extended to July 1, 2015. Plaintiff's deadline to respond is extended to July 10, 2015. 5. The deadline for the filing of any motions to amend the pleadings or to join any additional parties is extended to August 31, 2015. 6. The parties are directed to work together cooperatively to schedule firm dates, between July 13 and 24, 2015, for the depositions of (a) a corporate representative of the LVNV Defendants, and (b) defendant Cohen. The Court, however, will extend the deadline for these depositions, should Plaintiff opt to move for amendment or joinder based on paper discovery, without deposition testimony. In that event, the Court will permit the depositions to be conducted following the resolution of the motion. Nothing herein is intended to limit the scope of any deposition that is taken prior to the potential filing of a motion to amend or for joinder. 7. The telephonic case management conference previously scheduled for August 11, 2015 is adjourned to August 26, 2015 at 10:00 a.m. 8. The Clerk of Court is directed to close Dkts. 35 and 36 on the docket of this action. (Signed by Magistrate Judge Debra C. Freeman on 6/19/2015) (mro)
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| Set/Reset Deadlines: Answer to Interrogatories due by 7/10/2015. Deposition due by 7/24/2015. Motions due by 8/31/2015. Responses due by 7/10/2015 Show Cause Response due by 7/1/2015. (mro) |
| Set/Reset Hearings: Telephone Conference set for 8/26/2015 at 10:00 AM before Magistrate Judge Debra C. Freeman. (mro) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing held via telephone on 6/18/2015. Telephone conference scheduled for 8/26/15 at 10:00 a.m. (aba) |
| Filing 36 LETTER MOTION for Conference To Compel Discovery addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 6/17/2015. Document filed by John J. O'Neill. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Keshavarz, Ahmad) |
| Filing 35 LETTER MOTION for Conference REGARDING DISCOVERY DISPUTE addressed to Magistrate Judge Debra C. Freeman from Han Sheng Beh dated June 17, 2015. Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Beh, Han Sheng) |
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Filing 34
ORDER TO SHOW CAUSE: Defendants are hereby ORDERED to show cause, no later than June 25, 2015, why the Court should not modify the Protective Order to eliminate protection for "training materials," "collection and servicing agreements," and "purchasing agreements." Defendants are reminded that, under Rule 26(c), it is their burden to demonstrate that good cause exists for a protective order, requiring a showing of "a clearly defined, specific, and serious injury," a standard that applies to business information that Defendants contend is commercially sensitive. U.S. Commodity Futures Trading Comm'n v. Parnon Energy Inc., No. 11cv3543 (WHP), 2013 WL 5882921, at *2 (S.D.N.Y. Oct. 25, 2013) (citations omitted), aff'd, 593 F. App'x 32 (2d Cir. 2014). Plaintiff may have until June 30, 2015, to file an opposition to any submission made by Defendants in response to this Order. If Defendants fail to make a submission in response to this Order by June 25, 2015, then the Protective Order will be deemed modified to delete Section 2, items (c), (d), and (e) (referring to "training materials," "collection and servicing agreements," and "purchasing agreements"). (As further set forth in this Order) (Signed by Magistrate Judge Debra C. Freeman on 6/16/2015) (mro)
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Filing 33
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Debra C. Freeman on 6/16/2015) (mro)
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| Set/Reset Deadlines: Responses due by 6/30/2015 Show Cause Response due by 6/25/2015. (mro) |
| Filing 32 LETTER addressed to Magistrate Judge Debra C. Freeman from Han Sheng Beh dated June 4, 2015 re: Proposed Confidentiality Order. Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP.(Beh, Han Sheng) |
| Filing 31 LETTER addressed to Magistrate Judge Debra C. Freeman from Ahmad Keshavarz dated June 4, 2015 re: Joint proposed protective order, with differences highlighted.. Document filed by John J. O'Neill. (Attachments: #1 Exhibit A - jointly composed protective order (with remaining differences noted), #2 Exhibit B - collection agreements in public domain)(Keshavarz, Ahmad) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 5/20/2015. Telephone conference scheduled for 8/11/15 at 11:00 a.m. (aba) |
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Filing 30
ORDER granting #28 Letter Motion for Conference. Telephonic conference held 5/20/15. No later than 6/4/15, the parties are directed to submit to this Court, for its consideration, a jointly-proposed protective order, highlighting any provisions as to which the parties are unable to reach agreement. In addition, for the reasons stated at the 5/20/15 conference, or as otherwise jointly proposed by the parties, the discovery and other deadlines previously set by the Court are hereby modified as follows: Defendants first set of document requests and interrogatories shall be served no later than 6/4/15. (In its initial interrogatories, any party may, as reasonable, seek information outside the scope of Local Civil Rule 33.3(a).) Defendants' responses to Plaintiff's outstanding discovery requests shall be served no later than 6/15/15. Any motion to amend the pleadings or to join additional parties shall be filed no later than 7/31/15. Any further interrogatories shall be served no later than 9/15/15. Fact depositions shall be completed by 11/12/15. As the parties have informed the Court that they do not currently expect to retain experts, all discovery shall be completed by 11/12/15, absent further order of the Court. This Court will hold a follow-up case management conference, by telephone, on 8/11/11, at 11:00 a.m. The parties are directed to initiate that call jointly, to my Chambers. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 29 LETTER RESPONSE to Motion addressed to Magistrate Judge Debra C. Freeman from Han Sheng Beh dated May 19, 2015 re: #28 LETTER MOTION for Conference regarding outstanding discovery issues addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 5/15/2015. . Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP. (Beh, Han Sheng) |
| Filing 28 LETTER MOTION for Conference regarding outstanding discovery issues addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 5/15/2015. Document filed by John J. O'Neill. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Keshavarz, Ahmad) |
| Filing 27 LETTER addressed to Magistrate Judge Debra C. Freeman from Ahmad Keshavarz dated May 14, 2015 re: Joint proposed revised scheduling order.. Document filed by John J. O'Neill. (Attachments: #1 Text of Proposed Order)(Keshavarz, Ahmad) |
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Filing 26
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Edgardo Ramos on 5/7/2015) (mro)
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time. Defendants may have until May 23, 2015 to respond to Plaintiff's discovery requests. The parties are directed (a) to submit, within one week of the date of this Order, a jointly proposed, reasonable modification of the overall discovery schedule, and (b) to initiate a telephone conference with the Court on May 20, 2015, at 12:00 noon. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 24 LETTER MOTION for Extension of Time to respond to Plaintiff's discovery requests addressed to Magistrate Judge Debra C. Freeman from Han Sheng Beh dated May 6, 2015. Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP.(Beh, Han Sheng) |
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Filing 23
MEMO ENDORSEMENT on re: #22 Letter filed by John J. O'Neill. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 4/23/2015) (mro)
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| Filing 22 LETTER addressed to Magistrate Judge Debra C. Freeman from Plaintiff John O'Neill dated 4/21/2015 re: Confirmation of the Extention of the Deadline to Amend/Join. Document filed by John J. O'Neill.(Keshavarz, Ahmad) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 4/21/2015. (aba) |
| Filing 21 LETTER addressed to Magistrate Judge Debra C. Freeman from Han Sheng Beh dated 04/17/2015 re: damages in this case. Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP.(Beh, Han Sheng) |
| Filing 20 NOTICE OF APPEARANCE by Michael Elia Pereira on behalf of John J. O'Neill. (Pereira, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 3/24/2015. Telephone conference scheduled for 4/21/15 at 11:00 a.m. (aba) |
| Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/26/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 18 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/26/2015 before Judge Edgardo Ramos. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/16/2015. Redacted Transcript Deadline set for 4/27/2015. Release of Transcript Restriction set for 6/25/2015.(McGuirk, Kelly) |
| Filing 17 ENDORSED LETTER addressed to Judge Edgardo Ramos from Nabil Foster and Han Shen Beh dated 3/02/2015 re: For all of these reasons, we respectfully request that your Honor stay the time for the Defendants to respond to Plaintiff discovery demands until the parties meet with Magistrate Freeman and the scope of discovery is determined by her. ENDORSEMENT: The Application is Granted. (Signed by Judge Edgardo Ramos on 3/05/2015) (ama) |
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Filing 16
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge Edgardo Ramos on 2/27/2015) (ama)
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| Minute Entry for proceedings held before Judge Edgardo Ramos: Initial Pretrial Conference held on 2/26/2015. Plaintiff's counsel present. Defendants' counsel present. Case management plan signed. The Court will enter an order of reference to U.S. Magistrate Judge Debra C. Freeman for settlement purposes. A case management conference schedule for September 2, 2015, at 11:00 am. (Court Reporter Rebecca Forman) (jar) |
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Filing 15
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Amended Pleadings due by 4/15/2015. Joinder of Parties due by 4/15/2015. Deposition due by 8/26/2015. Discovery due by 8/26/2015. Case Management Conference set for 9/2/2015 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 2/26/2015) (kko)
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| Filing 14 NOTICE OF APPEARANCE by Nabil Gallo Foster on behalf of Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP. (Foster, Nabil) |
| Filing 13 NOTICE OF INITIAL COURT CONFERENCE: Initial Conference set for 2/26/2015 at 10:45 AM in Courtroom 619 at the United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (mro) |
| Filing 12 NOTICE OF APPEARANCE by Nabil Gallo Foster on behalf of Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP. (Foster, Nabil) |
| Filing 11 ANSWER to #2 Complaint. Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP.(Beh, Han Sheng) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alegis Group, LLC.(Beh, Han Sheng) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Resurgent Capital Services, LP.(Beh, Han Sheng) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by LVNV Funding, LLC.(Beh, Han Sheng) |
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Filing 7
ORDER granting #6 Letter Motion for Extension of Time to Answer re #2 Complaint. Alegis Group, LLC answer due 12/16/2014; LVNV Funding, LLC answer due 12/16/2014; Resurgent Capital Services, LP answer due 12/16/2014. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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| Filing 6 LETTER MOTION for Extension of Time to File Answer addressed to Judge Edgardo Ramos from Han Sheng Beh dated November 17, 2014. Document filed by Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP.(Beh, Han Sheng) |
| Filing 5 NOTICE OF APPEARANCE by Han Sheng Beh on behalf of Alegis Group, LLC, LVNV Funding, LLC, Resurgent Capital Services, LP. (Beh, Han Sheng) |
| Filing 4 ANSWER to Complaint. Document filed by Law Offices of Steven Cohen, LLC.(Cohen, Steven) |
| Filing 3 WAIVER re: Waiver of the Service of Summons & Complaint. Document filed by Law Offices of Steven Cohen, LLC.(Cohen, Steven) |
| Filing 2 COMPLAINT against Alegis Group, LLC, Steven Cohen, LVNV Funding, LLC, Law Offices of Steven Cohen, LLC, Resurgent Capital Services, LP. (Filing Fee $ 350.00, Receipt Number 465401105520)Document filed by John J. O'Neill.(jom) (Main Document 2 replaced on 2/26/2015) (laq). |
| Filing 1 CIVIL COVER SHEET filed. (jom) |
| SUMMONS ISSUED as to Alegis Group, LLC, Steven Cohen, LVNV Funding, LLC, Law Offices of Steven Cohen, LLC, Resurgent Capital Services, LP. (jom) |
| Case Designated ECF. (jom) |
| Magistrate Judge Debra C. Freeman is so designated. (jom) |
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