Liew et al v. Eltman, Eltman & Cooper, P.C. et al
| Wai Hoe Liew, Mark Sam and Khurram Kayani |
| Eltman, Eltman & Cooper, P.C., James Brian Boyle, Platinum Financial Services Corp., Platinum Financial Services Corp., Assignee, Merriman Investments, LLC, North American Capital Corporation, Midland Credit Management, Inc, Midland Funding, LLC, Encore Capital Group, Inc., Discover Bank and DB Servicing Corp. |
| 1:2015cv06572 |
| August 19, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| 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 September 2, 2016. A more recent docket listing may be available from PACER.
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Filing 40
ORDER OF DISMISSAL ON CONSENT: The parties having informed the Court that they have reached a settlement agreement and are finalizing settlement documents (see Dkt. No. 39), IT IS HEREBY ORDERED THAT this action is dismissed with prejudice and without costs, provided, however that any party may reinstate the action within 15 days hereof if the settlement is not fully effectuated. Any application to reopen must be filed via ECF within 15 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Any pending motions are to be terminated as moot and all conferences are cancelled. (Signed by Magistrate Judge Andrew J. Peck on 9/2/2016) (kko)
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| Filing 39 LETTER addressed to Magistrate Judge Andrew J. Peck from Concepcion A. Montoya dated August 30, 2016 re: settlement of case and filing of Stipulation of Dismissal with prejudice as against the Eltman Defendants. Document filed by James Brian Boyle, Eltman, Eltman & Cooper, P.C., Merriman Investments, LLC.(Montoya, Concepcion) |
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time. Approved. Motions due by 9/7/2016. (Signed by Magistrate Judge Andrew J. Peck on 8/18/2016) Copies Sent By Chambers. (lmb)
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| Filing 37 LETTER MOTION for Extension of Time addressed to Magistrate Judge Andrew J. Peck from Mitchell L. Pashkin, Esq. dated August 18, 2016. Document filed by Khurram Kayani, Wai Hoe Liew.(Pashkin, Mitchell) |
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Filing 36
MEMO ENDORSEMENT on re: #35 Letter filed by Merriman Investments, LLC, Eltman, Eltman & Cooper, P.C., James Brian Boyle. ENDORSEMENT: Above approach approved as modified re Parag. 3.; Plaintiff is to dismiss all remaining non-served defendants and either dismiss Platinum or move for a default judgment, by 8/19.; Counsel to inform court by 8/19. whether they consent to my handling all matters pursuant to 28 USC 636(c)-form on SDNY website. SO ORDERED. Copies faxed by Chambers. (Signed by Magistrate Judge Andrew J. Peck on 8/05/2016) (ama) Modified on 8/5/2016 (ama).
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| Set/Reset Deadlines: Motions due by 8/19/2016. (ama) |
| Filing 35 LETTER addressed to Magistrate Judge Andrew J. Peck from Concepcion A. Montoya dated 08/04/2016 re: Court's Order #33 . Document filed by James Brian Boyle, Eltman, Eltman & Cooper, P.C., Merriman Investments, LLC.(Montoya, Concepcion) |
| Filing 34 LETTER addressed to Magistrate Judge Andrew J. Peck from Mitchell L. Pashkin, Esq. dated August 4, 2016 re: Rule 68 Acceptances Affect on Settlement Conference and Other Proceedings. Document filed by Khurram Kayani, Wai Hoe Liew.(Pashkin, Mitchell) |
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Filing 33
ORDER: The Court is in receipt of the accepted Rule 68 offers from some but not all defendants (Dkt. Nos. 31-32) but those offers are specific only as to statutory damages, leaving open issues as to actual damages, etc. Counsel are to advise the Court by August 4, 2016 as to what this means for further proceedings in this case, including the scheduled settlement conference. (Signed by Magistrate Judge Andrew J. Peck on 8/2/2016) (cf)
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| Filing 32 NOTICE of Acceptance with Offer of Judgment As to Khurram Kayani by Defendants Eltman, Eltman & Cooper, P.C., James Brian Doyle, and Merriman Investments LLC. Document filed by Khurram Kayani. (Attachments: #1 Exhibit Rule 68 Offer of Judgment-Kayani)(Pashkin, Mitchell) |
| Filing 31 NOTICE of Acceptance with Offer of Judgment As to Wai Hoe Liew by Defendants Eltman, Eltman & Cooper, P.C., James Brian Doyle, and Merriman Investments LLC. Document filed by Wai Hoe Liew. (Attachments: #1 Exhibit Rule 68 Offer of Judgment-Liew)(Pashkin, Mitchell) |
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Filing 30
ORDER FOR SETTLEMENT CONFERENCE: A settlement conference is scheduled for September 27, 2016 at 2:30 PM before Magistrate Judge Andrew J. Peck in Courtroom 20D, 500 Pearl Street. Counsel attending the conference must have full settlement authority and their client(s) must be present at the conference, as must a representative of the client's insurance company where the decision to settle and/or amount of settlement must be approved by the insurance company. And as set forth herein. SO ORDERED. ( Settlement Conference set for 9/27/2016 at 02:30 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck.) (Signed by Magistrate Judge Andrew J. Peck on 7/21/2016) Copies Sent By Chambers. (ama)
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Filing 29
ORDER granting #26 Letter Motion for Conference. The Court will enter an order of reference to the magistrate judge for settlement purposes. Discovery is stayed pending the result of the settlement conference. SO ORDERED. (Signed by Judge Edgardo Ramos on 7/18/2016) (kko)
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Filing 28
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Edgardo Ramos on 7/18/2016) (kko)
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| Filing 27 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Mitchell L. Pashkin, Esq. dated July 15, 2016 re: #26 LETTER MOTION for Conference a Settlement Conference addressed to Judge Edgardo Ramos from Concepcion A. Montoya dated 07/15/2016. . Document filed by Khurram Kayani, Wai Hoe Liew. (Pashkin, Mitchell) |
| Filing 26 LETTER MOTION for Conference a Settlement Conference addressed to Judge Edgardo Ramos from Concepcion A. Montoya dated 07/15/2016. Document filed by James Brian Boyle, Eltman, Eltman & Cooper, P.C., Merriman Investments, LLC.(Montoya, Concepcion) |
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Filing 25
REVISED 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. This case is to be tried to a jury. Amended Pleadings due by 1/25/2016. Joinder of Parties due by 1/25/2016. Expert Depositions due by 10/15/2016. All Discovery due by 11/15/2016. The Magistrate Judge assigned to this case is the Hon. Andrew J. Peck. Case Management Conference set for 11/17/2016 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 6/3/2016) (kko)
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| Filing 24 LETTER addressed to Judge Edgardo Ramos from Concepcion A. Montoya dated June 3, 2016 re: Revised Civil Case Discovery Plan. Document filed by James Brian Boyle, Eltman, Eltman & Cooper, P.C., Merriman Investments, LLC. (Attachments: #1 Revised Civil Case Discovery Plan and Scheduling Order)(Montoya, Concepcion) |
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Filing 23
NOTICE OF VOLUNTARY DISMISSAL AS TO DISCOVER BANK AND DB SERVICING CORP.: Plaintiffs, Wai How Liew, Mark Sam and Khurram and Kayani, by their undersigned counsel and pursuant to Fed. R. Civ. P. 41, hereby voluntarily dismiss with prejudice the above-captioned case only as to Defendants, Discover Bank and DB Servicing Corp., and ask that they be removed as parties to this action. SO ORDERED. DB Servicing Corp. and Discover Bank terminated. (Signed by Judge Edgardo Ramos on 5/27/2016) (kko)
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to Complete Discovery. The application is granted. The parties are directed to submit a revised discovery plan by 5:00pm on Friday, June 3, 2016. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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| ***NOTE TO ATTORNEY TO E-MAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Mitchell Pashkin to E-MAIL Document No. #20 Notice of Voluntary Dismissal to judgments@nysd.uscourts.gov with handwritten signatures. This document is not filed via ECF. (jk) |
| Filing 21 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Edgardo Ramos from Concepcion A. Montoya dated 05/26/2016. Document filed by James Brian Boyle, Eltman, Eltman & Cooper, P.C., Merriman Investments, LLC.(Montoya, Concepcion) |
| Filing 20 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) DB Servicing Corp., Discover Bank. Document filed by Mark Sam, Khurram Kayani, Wai Hoe Liew. (Pashkin, Mitchell) Modified on 5/27/2016 (jk). |
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Complete Discovery. Non-expert depositions shall be completed by May 31, 2016. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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| Filing 18 JOINT LETTER MOTION for Extension of Time to Complete Discovery As Regards Non-Expert Depositions addressed to Judge Edgardo Ramos from Mitchell L. Pashkin, Esq. dated 04/21/16. Document filed by Khurram Kayani, Wai Hoe Liew. (Attachments: #1 Exhibit Current Scheduling Order, #2 Text of Proposed Order Proposed Revised Scheduling Order)(Pashkin, Mitchell) |
| Filing 17 ANSWER to #14 Amended Complaint,,. Document filed by James Brian Boyle, Eltman, Eltman & Cooper, P.C., Merriman Investments, LLC.(Montoya, Concepcion) |
| Filing 16 EXHIBIT TO PLEADING re: #14 Amended Complaint,,. Document filed by Khurram Kayani, Wai Hoe Liew, Mark Sam.(Pashkin, Mitchell) |
| Filing 15 EXHIBIT TO PLEADING re: #14 Amended Complaint,,. Document filed by Khurram Kayani, Wai Hoe Liew, Mark Sam.(Pashkin, Mitchell) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mitchell Pashkin re: Document No. #14 Amended Complaint. The filing is deficient for the following reason(s): opposing party did not consent to the amendment of the pleading; Court's leave has not been granted. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (moh) |
| Filing 14 AMENDED COMPLAINT amending #13 Amended Complaint, against James Brian Boyle, DB Servicing Corp., Discover Bank, Eltman, Eltman & Cooper, P.C., Encore Capital Group, Inc., Merriman Investments, LLC, Midland Credit Management, Inc, Midland Funding, LLC, North American Capital Corporation, Platinum Financial Services Corp., Platinum Financial Services Corp., Assignee with JURY DEMAND.Document filed by Mark Sam, Khurram Kayani, Wai Hoe Liew. Related document: #13 Amended Complaint, filed by Wai Hoe Liew, Khurram Kayani. (Attachments: #1 Exhibit Order Allowing Filing of Amended Pleadings)(Pashkin, Mitchell) Modified on 1/27/2016 (moh). Modified on 2/8/2016 (moh). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mitchell Pashkin to RE-FILE re: Document No. #13 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; opposing party did not consent to the amendment of the pleading; Court's leave has not been granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (moh) |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - AMENDED COMPLAINT against James Brian Boyle, Eltman, Eltman & Cooper, P.C., Merriman Investments, LLC, Platinum Financial Services Corp., Assignee with JURY DEMAND.Document filed by Khurram Kayani, Wai Hoe Liew.(Pashkin, Mitchell) Modified on 1/26/2016 (moh). |
| Minute Entry for proceedings held before Judge Edgardo Ramos: Initial Pretrial Conference held on 11/12/2015. Plaintiffs' counsel present. Defendants' counsel present. Case management plan signed. A case management conference is scheduled for September 7, 2016 at 11:00 am. (Court Reporter Pam Utter) (jar) |
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Filing 12
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 1/25/2016. Joinder of Parties due by 1/25/2016. Non-expert depositions shall be completed by: 4/30/2016. Expert depositions shall be completed by: 7/30/2016. All Discovery due by 8/30/2016. The next Case Management Conference set for 9/7/2016 at 11:00 AM before Judge Edgardo Ramos. The Magistrate Judge assigned to this case is the Hon. Andrew J. Peck. (Signed by Judge Edgardo Ramos on 11/12/2015) (mro)
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| Filing 11 NOTICE OF INITIAL COURT CONFERENCE: Initial Conference set for 11/12/2015 at 12:10 PM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (As further set forth in this Order.) (spo) |
| Filing 10 ANSWER to Complaint. Document filed by James Brian Boyle, Eltman, Eltman & Cooper, P.C., Merriman Investments, LLC.(Montoya, Concepcion) |
| Filing 9 AFFIDAVIT OF SERVICE of Defendants Notice of Removal; Civil Cover Sheet and Rule 7.1 Disclosure Statements served on Mitchell L. Paskin, Esq. on August 19, 2015. Service was made by overnight mail. Document filed by James Brian Boyle, Eltman, Eltman & Cooper, P.C., Merriman Investments, LLC. (Montoya, Concepcion) |
| Filing 8 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 152927-2015..Document filed by James Brian Boyle, Merriman Investments, LLC, Eltman, Eltman & Cooper, P.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Montoya, Concepcion) |
| Filing 7 NOTICE OF APPEARANCE by Mitchell L. Pashkin on behalf of Khurram Kayani, Wai Hoe Liew, Mark Sam. (Pashkin, Mitchell) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo) |
| Case Designated ECF. (dgo) |
| Magistrate Judge Andrew J. Peck is so designated. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Concepcion A. Montoya. The party information for the following party/parties has been modified: Wai Hoe Liew, Mark Sam, Khurram Kayani. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (dgo) |
| Filing 6 NOTICE OF APPEARANCE by Concepcion A. Montoya on behalf of James Brian Boyle, Eltman, Eltman & Cooper, P.C., Merriman Investments, LLC. (Montoya, Concepcion) |
| Filing 5 AFFIDAVIT OF SERVICE of Notice of Removal; Civil Cover Sheet and Rule 7.1 Disclosure Statements served on Mitchell L. Paskin, Esq. on 08/19/15. Service was made by overnight mail. Document filed by Eltman, Eltman & Cooper, P.C., Merriman Investments, LLC. (Montoya, Concepcion) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Merriman Investments, LLC.(Montoya, Concepcion) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Eltman, Eltman & Cooper, P.C..(Montoya, Concepcion) |
| Filing 2 CIVIL COVER SHEET filed. (Montoya, Concepcion) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court State of New York, County of New York. Case Number: 152927/2015. (Filing Fee $ 400.00, Receipt Number 0208-11296405).Document filed by Merriman Investments, LLC, Eltman, Eltman & Cooper, P.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Montoya, Concepcion) |
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