Consumer Financial Protection Bureau et al v. RD Legal Funding LLC et al
Plaintiff: Consumer Financial Protection Bureau and People of the State of New York
Defendant: RD Legal Funding LLC, RD Legal Funding Partners, LP and RD Legal Finance, LLC
3Rd Party Plaintiff: Roni Dersovitz
Not Classified By Court: Christopher LoPalo
Interested Party: U.S. DEPARTMENT OF JUSTICE
Amicus Curiae: Proposed Amicus Curie Plaintiff Settlement Class and American Legal Finance Association
Case Number: 1:2017cv00890
Filed: February 7, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Loretta A Preska
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Other
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on November 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 23, 2022 Opinion or Order Filing 212 PROPOSED STIPULATION AND ORDER. Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Text of Proposed Order).(Konop, Benjamin)
November 23, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #211 MOTION for Meghan K. Finnerty to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26991659. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
November 22, 2022 Opinion or Order Filing 211 MOTION for Meghan K. Finnerty to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26991659. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher LoPalo. (Attachments: #1 Affidavit Notarized Declaration of Meghan K. Finnerty in Support of Motion to Appear Pro Hac Vice, #2 Exhibit Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice).(Ndukwe, Queen)
November 21, 2022 Opinion or Order Filing 210 STIPULATION TO AMEND SCHEDULING ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel on behalf of (1) the New York Attorney General ("NYAG"), (2) the Consumer Financial Protection Bureau ("CFPB"), and (3) RD Legal Funding, LLC, RD Legal Finance, LLC, RD Legal Funding Partners, LP, and Roni Dersovitz (collectively, "RD Legal"), that, to further facilitate the parties' settlement discussions, the Amended Scheduling Order entered by the Court on October 19, 2022 (ECF No. 198) shall be amended as set forth in this order. The parties expressly reserve, and do not waive, their respective objections and rights with respect to the depositions that may occur after the fact discovery cut-off except that the depositions will not be considered untimely if they are taken by December 5, 2022. SO ORDERED. ( Deposition due by 12/5/2022., Expert Discovery due by 2/21/2023., Ready for Trial by 5/8/2023.), ( Telephone Conference set for 12/9/2022 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 11/21/2022) (ate)
November 15, 2022 Opinion or Order Filing 209 MEMO ENDORSEMENT: on re: #208 Letter filed by Christopher LoPalo. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 11/15/2022) (ama)
November 14, 2022 Opinion or Order Filing 208 LETTER addressed to Judge Loretta A. Preska from Queen Ndukwe, Esq. dated November 14, 2022 re: Deposition of Christopher LoPalo. Document filed by Christopher LoPalo..(Ndukwe, Queen)
November 9, 2022 Opinion or Order Filing 207 STIPULATION TO AMEND SCHEDULING ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel on behalf of (1) the New York Attorney General ("NYAG"), (2) the Consumer Financial Protection Bureau ("CFPB"), and (3) RD Legal Funding, LLC, RD Legal Finance, LLC, RD Legal Funding Partners, LP, and Roni Dersovitz (collectively, "RD Legal"), that, to further facilitate the parties' settlement discussions, the Amended Scheduling Order entered by the Court on October 19, 2022 (ECF No. 198) shall be amended as follows: Deposition due by 12/5/2022. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/09/2022) (ama)
November 9, 2022 Opinion or Order Filing 206 MEMO ENDORSEMENT: on re: #205 Letter filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. ENDORSEMENT: Mr. LoPalo may respond by letter no later than Monday November 14, 2022. Counsel for RD Legal shall promptly attempt to provide Mr. LoPalo with notice of this order. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/09/2022) (ama)
November 9, 2022 Opinion or Order Filing 205 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated November 9, 2022 re: Further to RD Legal's 11/3/2022 Request for Pre-Motion Conference (ECF. No. 201). Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
November 7, 2022 Opinion or Order Filing 204 LETTER addressed to Judge Loretta A. Preska from Jason L. Meizlish dated November 7, 2022 re: Plaintiffs' Response re: Defendants' 11/3/2022 Request for Pre-Motion Conference (ECF. No. 201). Document filed by People of the State of New York..(Meizlish, Jason)
November 7, 2022 Opinion or Order Filing 203 PROPOSED STIPULATION AND ORDER. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
November 4, 2022 Opinion or Order Filing 202 ORDER FOR ADMISSION PRO HAC VICE granting #200 Motion for Jacob Schunk to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 11/4/2022) (va)
November 3, 2022 Opinion or Order Filing 201 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated November 3, 2022 re: Request for a Pre-Motion Conference. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
November 3, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #200 MOTION for Jacob Alden Schunk to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
November 2, 2022 Opinion or Order Filing 200 MOTION for Jacob Alden Schunk to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Affidavit of Jacob Schunk, #2 Supplement Certificate of Good Standing, #3 Supplement Certificate of Good Standing, #4 Text of Proposed Order Granting PHV Motion).(Schunk, Jacob)
October 26, 2022 Opinion or Order Filing 199 NOTICE of of Proof of Service. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Exhibit Attachment A - Proof of Service of Subpoena, #2 Exhibit Attachment B - Certificate of Service of the Subpoena).(Hammer, Jeffrey)
October 19, 2022 Opinion or Order Filing 198 STIPULATION TO AMEND SCHEDULING ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel on behalf of (1) the New York Attorney General ("NYAG"), (2) the Consumer Financial Protection Bureau ("CFPB"), and (3) RD Legal Funding, LLC, RD Legal Finance, LLC, RD Legal Funding Partners, LP, and Roni Dersovitz (collectively, "RD Legal"), that the Scheduling Order entered by the Court on May 9, 2022 (ECF No. 176) shall be amended as follows: Fact Discovery due by 10/24/2022. Expert Discovery due by 2/6/2023. Motions due by 3/10/2023. Joint Pretrial Order due by 3/10/2023., Telephone Status Conference set for 11/22/2022 at 10:00 AM before Judge Loretta A. Preska. Estimate trial length two weeks, appx. start of 5/8/2023. The parties expressly reserve, and do not waive, their respective objections and rights with respect to the depositions that may occur after the fact discovery cut-off except that the depositions will not be considered untimely if they are taken by November 18, 2022. (Signed by Judge Loretta A. Preska on 10/19/2022) (tro) (Main Document 198 replaced on 10/19/2022) (vfr).
October 19, 2022 Opinion or Order Filing 197 PROPOSED STIPULATION AND ORDER. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
October 17, 2022 Opinion or Order Filing 196 ORDER REGARDING DEPOSITIONS OF FORMER SPECIAL MASTERS: IT IS ORDERED that (1) the defendants may proceed with depositions of Sheila Birnbaum and Rupa Bhattacharyya; and (2) any such depositions shall take place no later than November 18, 2022. And as set forth herein. SO ORDERED., ( Deposition due by 11/18/2022.) (Signed by Judge Loretta A. Preska on 10/17/2022) (ama)
October 14, 2022 Opinion or Order Filing 195 ORDER: Before the Court is RD Legal's motion to compel third parties Tyrone Bertrand and Philip Kirschner to appear for depositions on October 27 and 28, 2022, respectively. (Dkt. No. 191.) On October 12, 2022, the Court invited responses to the motion from CFPB and Messrs. Bertrand and Kirschner (dkt. no.192), and on October 14, 2022, the CFPB responded (dkt. no. 193). Tyrone Bertrand was personally served with a deposition subpoena that noticed his deposition to take place on September 14, 2022, in New York at the offices of RD Legal's counsel. On September 14, 2022, Mr. Bertrand failed to appear for hisdeposition. Philip Kirschner was personally served with a deposition subpoena on September 6, 2022. Counsel for RD Legal thereafter spoke with Mr. Kirschner by telephone, and Mr. Kirschner and RD Legal agreed to reschedule the deposition for October 11, 2022, to accommodate Mr. Kirschner's schedule. On October 3, 2022, RD Legal personally served Mr. Kirschner with a revised subpoena reflecting the agreed upon October 11, 2022, date. On October 11, 2022, Mr. Kirschner failed to appear for his deposition. Tyrone Bertrand and Philip Kirschner are hereby ORDERED to appear for depositions on October 27 and October 28, 2022, respectively, at the offices of RD Legal's counsel in New York. If Mr. Bertrand and/or Mr. Kirschner are unable to attend the deposition on the appointed date at the appointed location for good cause, they shall be proactive and promptly communicate with counsel for RD Legal to request an alternative date and/or location. In other words, the onus is on Mr. Bertrand and Mr. Kirschner to reach out to RD Legal's counsel to request an accommodation. RD Legal and Plaintiffs shall work cooperatively to accommodate a reasonable request by Mr. Bertrand and/or Mr. Kirschner to, for example, help facilitate the taking of a remote deposition. Counsel for RD Legal shall promptly serve compliant deposition subpoenas consistent with this order upon Messrs. Bertrand and Kirschner and shall append a copy of this order thereto. Failure to comply with the subpoenas or this order may result in sanctions, including possible monetary or incarceratory penalties for contempt of court pursuant to Federal Rules of Civil Procedure 37 and 45 and this Court's inherent authority. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/14/2022) (ama)
October 14, 2022 Opinion or Order Filing 194 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated October 14, 2022 re: Proposed Order Regarding Depositions of Former Special Masters. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Text of Proposed Order Regarding Deposition of Former Special Masters).(Roth, Michael)
October 14, 2022 Opinion or Order Filing 193 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated October 14, 2022 re: Response to Defendants' October 12, 2022 letter. Document filed by Consumer Financial Protection Bureau..(Konop, Benjamin)
October 12, 2022 Opinion or Order Filing 192 MEMO ENDORSEMENT on re: #191 Letter, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. ENDORSEMENT: Counsel for CFPB shall, and Messrs. Bertrand and Kirschner may, respond by letter no later than Friday October 14, 2022, at 2:00 p.m. Counsel for RD Legal and CFPB shall promptly attempt to provide Messrs. Bertrand and Kirschner with notice of this order. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/12/2022) (jca)
October 12, 2022 Opinion or Order Filing 191 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated October 12, 2022 re: Request for a Pre-Motion Conference. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
October 4, 2022 Opinion or Order Minute Entry for proceedings held before Judge Loretta A. Preska: Interim Pretrial Conference held on 10/4/2022. (Court Reporter Rebecca Forman) (mph)
September 26, 2022 Opinion or Order Filing 190 MEMO ENDORSEMENT on re: #189 Letter, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. ENDORSEMENT: Counsel shall be prepared to discuss this request at the in-person status conference scheduled for October 4, 2022 at 11:00 a.m. in Courtroom 12A. (See Dkt. No. 176.) SO ORDERED. ( Status Conference set for 10/4/2022 at 11:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 9/26/2022) (va)
September 23, 2022 Opinion or Order Filing 189 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated September 23, 2022 re: Defendant's Reply to Letters Filed by DOJ and Plaintiffs CFPB and NYAG Dated September 21, 2022. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
September 21, 2022 Opinion or Order Filing 188 LETTER addressed to Judge Loretta A. Preska from James C. Luh dated September 21, 2022 re: Defendants September 14, 2022, Letter in Consumer Financial Protection Bureau v. RD Legal Funding, LLC, 1:17-cv-890-LAP (S.D.N.Y.). Document filed by U.S. DEPARTMENT OF JUSTICE..(Luh, James)
September 21, 2022 Opinion or Order Filing 187 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated September 21, 2022 re: Defendants' September 14, 2022 letter. Document filed by Consumer Financial Protection Bureau..(Konop, Benjamin)
September 15, 2022 Opinion or Order Filing 186 MEMO ENDORSEMENT on re: #185 Letter, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. ENDORSEMENT: Plaintiffs shall submit a response on or before Wednesday September 21. Defendant may submit a reply on or before Friday September 23. (Signed by Judge Loretta A. Preska on 9/15/2022) (ate)
September 14, 2022 Opinion or Order Filing 185 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated September 14, 2022 re: Request for a Pre-Motion Conference. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
July 15, 2022 Opinion or Order ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Consumer Financial Protection Bureau added. Party added pursuant to #183 Amended Complaint,.Document filed by Consumer Financial Protection Bureau. Related document: #183 Amended Complaint,..(Konop, Benjamin)
July 14, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Benjamin Zachary Konop to RE-FILE re: Document No. #183 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading; Do not select a terminated party as a party as a filer for the Amended Complaint. Add Consumer Financial Protection Bureau to CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (pc)
July 13, 2022 Opinion or Order Filing 184 ANSWER to #183 Amended Complaint, with JURY DEMAND. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
July 13, 2022 Opinion or Order Filing 183 AMENDED COMPLAINT amending #1 Complaint against Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.Document filed by Consumer Financial Protection Bureau. Related document: #1 Complaint..(Konop, Benjamin) Modified on 7/14/2022 (pc). Modified on 7/15/2022 (gp).
July 11, 2022 Opinion or Order Filing 182 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU- (SEE DOCUMENT#184)- ANSWER to Complaint with JURY DEMAND. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael) Modified on 7/14/2022 (lb).
June 28, 2022 Opinion or Order Filing 181 MEMO ENDORSEMENT on UNOPPOSED MOTION FOR LEAVE TO AMEND COMPLAINT granting #180 Motion for Leave to File Document. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/28/2022) (ks)
June 27, 2022 Opinion or Order Filing 180 MOTION for Leave to File Amended Complaint . Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Exhibit Proposed Amended Complaint).(Konop, Benjamin)
June 21, 2022 Opinion or Order Filing 179 MEMO ENDORSEMENT on re: #178 Letter, filed by Consumer Financial Protection Bureau, ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 6/21/2022) ( Amended Pleadings due by 7/18/2022.) (ks)
June 17, 2022 Opinion or Order Filing 178 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated June 17, 2022 re: Plaintiffs request that the Court give the parties an additional ten days for three events from the May 9, 2022, Scheduling Order. Document filed by Consumer Financial Protection Bureau..(Konop, Benjamin)
May 9, 2022 Opinion or Order Filing 177 ORDER: However, the Court concludes that some of the communications do not fall within the protection of the work product privilege because they merely involve scheduling and logistics. See, e.g., Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No. 14 CV 00006, 2018 WL 739870, at *4 (N.D. Ind. Feb. 6, 2018) ("Another category of documents outside the scope of the work-product doctrine are communications dealing with merely administrative, logistical, or scheduling matters"). Hence, the following documents should be produced in whole or in part: CFPB-COURT0000001 CFPB-COURT0000041 (unredact top; maintain redaction at bottom) CFPB-COURT0000082 CFPB-COURT0000083 CFPB-COURT0000084 CFPB-COURT0000087 (unredact top; maintain redaction at bottom) SO ORDERED. (Signed by Judge Loretta A. Preska on 5/9/2022) (ks)
May 9, 2022 Opinion or Order Filing 176 MEMO ENDORSEMENT on re: #175 Letter, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz, ENDORSEMENT: Status Conference with the Court October 4, 2022 at 11:00am. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/9/2022) ( Amended Pleadings due by 7/6/2022., Expert Discovery due by 1/9/2023., Fact Discovery due by 10/24/2022., Joinder of Parties due by 7/6/2022., Pretrial Order due by 2/8/2023., Ready for Trial by 5/8/2023., Status Conference set for 10/4/2022 at 11:00 AM before Judge Loretta A. Preska.) (ks)
May 6, 2022 Opinion or Order Filing 175 JOINT LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated May 6, 2022 re: Proposed Schedule. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Exhibit A - Proposed Scheduling Order).(Roth, Michael)
April 25, 2022 Opinion or Order Filing 174 MEMO ENDORSEMENT on re: #173 Letter, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 4/25/2022) (vfr)
April 22, 2022 Opinion or Order Filing 173 JOINT LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated April 22, 2022 re: Pursuant to the Court's March 30, 2022 Order. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
April 12, 2022 Opinion or Order Filing 172 NOTICE of Production of Documents for In Camera Inspection re: #168 Order,,. Document filed by Consumer Financial Protection Bureau..(Konop, Benjamin)
March 30, 2022 Opinion or Order Filing 171 MEMO ENDORSEMENT on re: #170 Letter filed by Consumer Financial Protection Bureau ENDORSEMENT: Counsel shall meet (in person or by video) and confer with respect to 1) settlement and/or mediation; and 2) a revised proposed scheduling order and shall report to the Court by letter no later than April 22. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/30/2022) (ks)
March 30, 2022 Opinion or Order Filing 170 JOINT LETTER addressed to Judge Loretta A. Preska from Benjamin Konop, Jason L. Meizlish, and Michael D. Roth dated March 30, 2022 re: Response to March 16, 2022 Order. Document filed by Consumer Financial Protection Bureau..(Nguyen, Hai Binh)
March 16, 2022 Opinion or Order Filing 169 OPINION AND ORDER re: #132 MOTION to Dismiss . filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. In its June 21, 2018 opinion and order, the Court concluded that "the CFPB lacks authority to bring this enforcement action because its composition violates the Constitution's separation of powers, and thus the CFPB's claims are dismissed." RD Legal I, 332 F. Supp. 3d at 785 (cleaned up). The Supreme Court has since held that a properly appointed agency head does not lack the authority to undertake the responsibilities of his office simply because of an unconstitutional removal restriction. That decision is binding here. Because the CFPB possessed the authority to bring this enforcement action, and because the decision to bring this enforcement action was unaffected by the unconstitutional removal restriction then in effect, the motion to dismiss is DENIED and the CFPB's claims against Defendants may proceed. Counsel shall confer and inform the Court by letter no later than March 30, 2022, how they propose to proceed. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/16/2022) (kv)
February 23, 2022 Opinion or Order Filing 168 ORDER: The Court is in receipt of the parties' letters relating to computation of damages and production of privileged documents (dkt. nos. #164 , #166 and #167 ). Pursuant to Section 26(a) (1) (A) (iii), the CFPB shall provide computations of all of the damages claimed. These are initial disclosures and may not await full discovery. The CFPB shall produce for in camera inspection the work product documents referred to in the letters. Counsel shall confer to accomplish the above promptly. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/23/2022) (va)
February 21, 2022 Opinion or Order Filing 167 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated February 21, 2022 re: RD Legal's Response to CFPB's February 18, 2022 Letter. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
February 18, 2022 Opinion or Order Filing 166 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated February 18, 2022 re: Response to Defendants' letter of February 14, 2022. Document filed by Consumer Financial Protection Bureau..(Konop, Benjamin)
February 15, 2022 Opinion or Order Filing 165 MEMO ENDORSEMENT on re: #164 Letter, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. ENDORSEMENT: The CFPB shall respond to RD Legal's letter no later than Friday February 18, 2022 at noon. RD Legal may reply no later than Tuesday February 22, 2022 at noon. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/15/2022) (kv)
February 14, 2022 Opinion or Order Filing 164 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated February 14, 2022 re: Request for a Pre-Motion Conference. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
December 27, 2021 Opinion or Order Filing 163 LETTER addressed to Judge Loretta A. Preska from Kevin E. Friedl dated Dec. 27, 2021 re: reply to Defendants' letter of Dec. 22, 2021. Document filed by Consumer Financial Protection Bureau..(Friedl, Kevin)
December 22, 2021 Opinion or Order Filing 162 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated December 22, 2021 re: RD Legal's Response to CFPB's December 17, 2021 Letter. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
December 17, 2021 Opinion or Order Filing 161 LETTER addressed to Judge Loretta A. Preska from Kevin E. Friedl dated Dec. 17, 2021 re: notice of recent authority. Document filed by Consumer Financial Protection Bureau. (Attachments: #1 CFPB v. National Collegiate Master Student Loan Trust, No. 1:17-cv-1323-SB (D. Del.)).(Friedl, Kevin)
October 4, 2021 Opinion or Order Filing 160 LETTER addressed to Judge Loretta A. Preska from Hai Binh T. Nguyen dated October 4, 2021 re: notice of recent authority. Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Exhibit 1 - Order Denying Defendants' Petition for a Writ of Certiorari, No. 20-1758).(Nguyen, Hai Binh)
August 18, 2021 Opinion or Order Filing 159 NOTICE OF CHANGE OF ADDRESS by Jeffrey M. Hammer on behalf of Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. New Address: King & Spalding LLP, 633 West Fifth Street, Suite 1600, Los Angeles, California, United States 90071, 213-443-4355..(Hammer, Jeffrey)
July 30, 2021 Opinion or Order Filing 158 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated July 30, 2021 re: RD Legal's Response to CFPB's July 23, 2021 Letter. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
July 26, 2021 Opinion or Order Filing 157 ORDER FOR ADMISSION PRO HAC VICE OF SAMUEL C. CORTINA granting #156 Motion for Samuel C. Cortina to Appear Pro Hac Vice. It is hereby ORDERED that, pursuant to Local Civil Rule 1.3(c), Samuel C. Cortina, Esq. of: (As further set forth herein.) is hereby admitted on a pro hac vice basis in this case only. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 7/26/2021) (va)
July 26, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #156 MOTION for Samuel C. Cortina to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
July 23, 2021 Opinion or Order Filing 156 MOTION for Samuel C. Cortina to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Affidavit of Eric T. Kanefsky, Esq., #2 Affidavit of Samuel C. Cortina, Esq., #3 Exhibit (Certificate of Good Standing), #4 Text of Proposed Order).(Kanefsky, Eric)
July 23, 2021 Opinion or Order Filing 155 LETTER addressed to Judge Loretta A. Preska from Kevin E. Friedl dated July 23, 2021 re: Bureau's Reply to Defendants' July 19, 2021 Letter. Document filed by Consumer Financial Protection Bureau..(Friedl, Kevin)
July 19, 2021 Opinion or Order Filing 154 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated July 19, 2021 re: RD Legal's Response to CFPB's June 25, 2021 Letter. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
July 14, 2021 Opinion or Order Filing 153 LETTER addressed to Judge Loretta A. Preska from Kevin E. Friedl dated July 14, 2021 re: supplemental authority concerning ratification. Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Exhibit A - CFPB v. Access Funding, LLC, No. 1:16-cv-03759 (D. Md. July 12, 2021), #2 Exhibit B - Order, CFPB v. Navient Corp., No. 21-8011 (3d Cir. July 12, 2021)).(Friedl, Kevin)
July 6, 2021 Opinion or Order Filing 152 MEMO ENDORSEMENT on re: #150 Letter, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. ENDORSEMENT: The requested extension is granted. SO ORDERED. (Signed by Judge Loretta A. Preska on 7/6/2021) (va)
July 2, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #151 MOTION for Samuel C. Cortina to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24747501. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not accept certificates from a state bar registrar for this state;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
July 1, 2021 Opinion or Order Filing 151 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Samuel C. Cortina to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24747501. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Affidavit of Eric T. Kanefsky, Esq., #2 Affidavit of Samuel C. Cortina, Esq., #3 Exhibit (Certificate of Good Standing), #4 Text of Proposed Order).(Kanefsky, Eric) Modified on 7/2/2021 (bcu).
June 29, 2021 Opinion or Order Filing 150 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated June 29, 2021 re: RD Legal Requests Until July 19, 2021 to Respond to CFPB's June 25, 2021 Letter. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
June 25, 2021 Opinion or Order Filing 149 LETTER addressed to Judge Loretta A. Preska from Kevin E. Friedl dated June 25, 2021 re: supplemental authority concerning ratification. Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Exhibit A - Collins v. Yellen, No. 19-422 (U.S. June 23, 2021), #2 Exhibit B - United States v. Arthrex, Inc., No. 19-1434 (U.S. June 21, 2021)).(Friedl, Kevin)
June 23, 2021 Opinion or Order Filing 148 ORDER granting #147 Letter Motion to Substitute Attorney. SO ORDERED. Attorney Christopher Leonard McCall terminated. (Signed by Judge Loretta A. Preska on 6/23/2021) (va)
June 22, 2021 Opinion or Order Filing 147 LETTER MOTION to Substitute Attorney. Old Attorney: Christopher L. McCall, New Attorney: Jane M. Azia, Jason L. Meizlish, Melvin L. Goldberg addressed to Judge Loretta A. Preska from Christopher L. McCall dated 06/22/2021. Document filed by People of the State of New York..(McCall, Christopher)
June 16, 2021 Opinion or Order Filing 146 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated June 16, 2021 re: Informing the Court that RD Legal Filed a Petition with the United States Supreme Court Seeking a Writ of Certiorari. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Exhibit A).(Roth, Michael)
May 18, 2021 Opinion or Order Filing 145 LETTER addressed to Judge Loretta A. Preska from Kevin E. Friedl dated May 18, 2021 re: Defendants' May 17 notice of supplemental authority. Document filed by Consumer Financial Protection Bureau..(Friedl, Kevin)
May 17, 2021 Opinion or Order Filing 144 SECOND LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated May 17, 2021 re: Supplemental Ratification Authority. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Exhibit A).(Roth, Michael)
April 15, 2021 Opinion or Order Filing 143 LETTER addressed to Judge Loretta A. Preska from Kevin E. Friedl dated April 15, 2021 re: Defendants' notice of supplemental authority. Document filed by Consumer Financial Protection Bureau..(Friedl, Kevin)
April 14, 2021 Opinion or Order Filing 142 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated April 14, 2021 re: Supplemental Ratification Authority. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Roth, Michael)
April 12, 2021 Opinion or Order Filing 141 ORDER: The conference set for April 13, 2021 at 9:30 a.m. (dkt. no. 140) is adjourned sine die. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/12/2021) (va)
April 5, 2021 Opinion or Order Filing 140 ORDER re: #137 Rule 26(f) Discovery Plan Report filed by People of the State of New York. The Court is in receipt of the parties' Rule 26(f) Report (dkt. no. 137). Counsel for the parties shall appear for a teleconference to address their discovery plan on April 13, 2021 at 9:30 a.m. The dial-in information for the conference is: 877) 402-9753, access code: 6545179. SO ORDERED. ( Telephone Conference set for 4/13/2021 at 09:30 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 4/5/2021) (va)
April 2, 2021 Opinion or Order Filing 139 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated April 2, 2021 re: Requesting Oral Argument. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
April 2, 2021 Opinion or Order Filing 138 REPLY to Response to Motion re: #132 MOTION to Dismiss . . Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
March 30, 2021 Opinion or Order Filing 137 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by People of the State of New York. (Attachments: #1 Exhibit Ex. A: State Court Stipulation Re Depositions of Zadroga Customers).(Meizlish, Jason)
March 19, 2021 Opinion or Order Filing 136 RESPONSE in Opposition to Motion re: #132 MOTION to Dismiss . . Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Exhibit Declaration of Ratification).(Friedl, Kevin)
March 17, 2021 Opinion or Order Filing 135 ORDER OF SUBSTITUTION AND AMENDMENT OF THE CAPTION: Accordingly, under Federal Rule of Civil Procedure 25(d), the Court hereby ORDERS that Letitia James shall be substituted for Eric T. Schneiderman in this action and the caption shall be amended to read as follows: (As further set forth herein.) SO ORDERED. (Signed by Judge Loretta A. Preska on 3/17/2021) (va)
March 17, 2021 Opinion or Order Filing 134 JOINT LETTER addressed to Judge Loretta A. Preska from Jason L. Meizlish and Michael D. Roth dated March 17, 2021 re: Update re NY State Court Discontinuance without Prejudice. Document filed by People of the State of New York. (Attachments: #1 Exhibit 2021.03.11 NY State Court Decision + Order on Motion to Discontinue without Prejudice).(Meizlish, Jason)
March 16, 2021 Opinion or Order Filing 133 LETTER addressed to Judge Loretta A. Preska from Melvin L. Goldberg dated March 16, 2021 re: Change of Caption. Document filed by People of the State of New York. (Attachments: #1 Text of Proposed Order Proposed Order to change caption).(Goldberg, Melvin)
March 12, 2021 Opinion or Order Filing 132 MOTION to Dismiss . Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
March 3, 2021 Opinion or Order Filing 131 MEMO ENDORSEMENT on re: #129 Letter, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. ENDORSEMENT: The briefing schedule for the ratification issue and the proposed timing for the filing of a Rule 26(f) report are approved. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/3/2021) (va)
March 2, 2021 Opinion or Order Filing 130 NOTICE OF APPEARANCE by Christopher Leonard McCall on behalf of People of the State of New York..(McCall, Christopher)
March 1, 2021 Opinion or Order Filing 129 JOINT LETTER addressed to Judge Loretta A. Preska from Michael D. Roth, Benjamin Konop, and Jason L. Meizlish dated March 1, 2021 re: Proposed Briefing Schedule. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP..(Roth, Michael)
February 25, 2021 Opinion or Order Minute Entry for proceedings held before Judge Loretta A. Preska: Telephone Conference held on 2/25/2021. (mph)
February 24, 2021 Opinion or Order Filing 128 ORDER FOR ADMISSION PRO HAC VICE granting #127 Motion for Kevin E. Friedl to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 2/24/2021) (kv)
February 22, 2021 Opinion or Order Filing 127 AMENDED MOTION for Kevin E. Friedl to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Friedl, Kevin)
February 22, 2021 Opinion or Order Filing 126 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kevin E. Friedl to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Friedl, Kevin) Modified on 2/22/2021 (vba).
February 22, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #126 MOTION for Kevin E. Friedl to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): AFFIDAVIT MUST BE NOTARIZED;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
February 22, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #127 AMENDED MOTION for Kevin E. Friedl to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
February 19, 2021 Opinion or Order Filing 125 ORDER: Counsel shall appear for a teleconference on February 25, 2021 at 9:00 a.m. EST. The dial-in information for the conference is: (877) 402-9753, access code: 6545179. SO ORDERED. ( Telephone Conference set for 2/25/2021 at 09:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 2/19/2021) (va)
February 19, 2021 Opinion or Order Filing 124 NOTICE OF CHANGE OF ADDRESS by Michael Dietz Roth on behalf of Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. New Address: King & Spalding LLP, 633 West Fifth Street, Suite 1600, Los Angeles, California, United States 90071, (213) 443-4355..(Roth, Michael)
February 19, 2021 Opinion or Order Filing 123 NOTICE OF CHANGE OF ADDRESS by David K. Willingham on behalf of Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. New Address: King & Spalding LLP, 633 West Fifth Street, Suite 1600, Los Angeles, California, United States 90071, (213) 443-4355..(Willingham, David)
February 19, 2021 Opinion or Order Filing 122 NOTICE OF CHANGE OF ADDRESS by Jeffrey M. Hammer on behalf of Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. New Address: Caldwell Hammer LLP, 633 West Fifth Street, Suite 1710, Los Angeles, United States 90071, 2137121390..(Hammer, Jeffrey)
February 18, 2021 Opinion or Order Filing 121 JOINT LETTER addressed to Judge Loretta A. Preska from Benjamin Konop, Jason Meizlish, and Michael D. Roth dated February 18, 2021 re: Response to February 10, 2021 Order. Document filed by Consumer Financial Protection Bureau..(Konop, Benjamin)
February 10, 2021 Opinion or Order Filing 120 ORDER: Counsel shall confer and inform the Court by letter no later than February 18, 2021 how they propose to proceed. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/10/2021) (va)
February 10, 2021 Opinion or Order Filing 119 MANDATE of USCA (Certified Copy) as to #113 Notice of Cross Appeal, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz, #112 Notice of Appeal filed by People of the State of New York, #108 Notice of Appeal, filed by Consumer Financial Protection Bureau, #111 Notice of Cross Appeal, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. USCA Case Number 18-2743, 18-3033, 18-2860, 18-3156. UPON DUE CONSIDERATION, IT IS ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED and the case is REMANDED for further proceedings consistent with this Order.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/10/2021..(nd)
February 10, 2021 Opinion or Order Transmission of USCA Mandate to the District Judge re: #119 USCA Mandate..(nd)
October 30, 2020 Opinion or Order Filing 118 TRUE COPY ORDER of USCA as to #113 Notice of Cross Appeal, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz, #112 Notice of Appeal filed by People of the State of New York, #108 Notice of Appeal, filed by Consumer Financial Protection Bureau, #111 Notice of Cross Appeal, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. USCA Case Number 18-2743, 18-3033, 18-2860, 18-3156. UPON DUE CONSIDERATION, IT IS ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED and the case is REMANDED for further proceedings consistent with this Order.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/30/2020..(nd)
October 30, 2020 Opinion or Order Transmission of USCA Order to the District Judge re: #118 USCA Order,,,..(nd)
October 29, 2018 Opinion or Order Filing 117 JUDGMENT: IT IS ORDERED AND ADJUDGED that for the reasons stated in the Court's June 21, 2018 Order, (ECF No. 92), final judgment is hereby entered dismissing the Consumer Financial Protection Bureau's claims. The Clerk of Court is directed to enter judgment dismissing the Consumer Financial Protection Bureau's claims against Defendants. (Signed by Judge Loretta A. Preska on 10/29/2018) (jwh)
October 29, 2018 Opinion or Order Filing 116 MEMO ENDORSEMENT on re: #114 LETTER addressed to Judge Loretta A. Preska from Hai Binh T. Nguyen dated October 23, 2018 re: Final Judgment. Document filed by Consumer Financial Protection Bureau. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 10/29/2018) (rjm) Transmission to Orders and Judgments Clerk for processing.
October 24, 2018 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #115 Proposed Judgment was reviewed and approved as to form. (dt)
October 23, 2018 Opinion or Order Filing 115 PROPOSED JUDGMENT. Document filed by Consumer Financial Protection Bureau. (Nguyen, Hai Binh) Proposed Judgment to be reviewed by Clerk's Office staff.
October 23, 2018 Opinion or Order Filing 114 LETTER addressed to Judge Loretta A. Preska from Hai Binh T. Nguyen dated October 23, 2018 re: Final Judgment. Document filed by Consumer Financial Protection Bureau.(Nguyen, Hai Binh)
October 23, 2018 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #113 Notice of Cross Appeal. (tp)
October 23, 2018 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #113 Notice of Cross Appeal, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz were transmitted to the U.S. Court of Appeals. (tp)
October 22, 2018 Opinion or Order Filing 113 NOTICE OF CROSS APPEAL from #105 Order,,,,, #80 Memorandum & Opinion, Add and Terminate Parties,,,, #106 Clerk's Judgment,,,,,, #109 Order,, #110 Clerk's Judgment,,,,,,. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. Filing fee $ 505.00, receipt number ANYSDC-15789635. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Roth, Michael)
October 22, 2018 Opinion or Order Appeal Fee Payment: for #112 Notice of Appeal. Filing fee $ 505.00, receipt number ANYSDC-15784252. (Goldberg, Melvin)
October 15, 2018 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #112 Notice of Appeal. (nd)
October 15, 2018 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #112 Notice of Appeal filed by People of the State of New York were transmitted to the U.S. Court of Appeals. (nd)
October 12, 2018 Opinion or Order Appeal Fee Due: for #112 Notice of Appeal.$505.00 Appeal fee due by 10/26/2018. (nd)
October 12, 2018 Opinion or Order Filing 112 NOTICE OF APPEAL from #106 Clerk's Judgment,,,,,, #110 Clerk's Judgment,,,,,,. Document filed by People of the State of New York. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Trombley, Sarah)
September 26, 2018 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #111 Notice of Cross Appeal, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz were transmitted to the U.S. Court of Appeals. (nd)
September 26, 2018 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #111 Notice of Cross Appeal,. (nd)
September 25, 2018 Opinion or Order Filing 111 NOTICE OF CROSS APPEAL from #105 Order,,,,, #109 Order,, #80 Memorandum & Opinion, Add and Terminate Parties,,,, #106 Clerk's Judgment,,,,,, #110 Clerk's Judgment,,,,,,. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. Filing fee $ 505.00, receipt number 0208-15617246. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Roth, Michael)
September 19, 2018 Opinion or Order Filing 110 CLERK'S AMENDED JUDGMENT re: #105 Order #109 Order in favor of RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP, Roni Dersovitz against People of the State of New York. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 12, 2018. and the Order dated September 18, 2018, in summary, the Court amends its June 21, 2018 Order, and concludes that: (I) The proper remedy for the constitutional issue raised by Title )('s for-cause removal provision is to invalidate Title)( in its entirety; (2) this remedy invalidates the statutory basis for NY AG's independent litigating authority under the CFPA and its CFPA claims in this case; (3) for the reasons stated in point (2), the NY AG's CFPA claims must be dismissed for lack of federal jurisdiction, Fed. R. Civ. P. I 2(h)(3); (4) the NY AG's remaining state law claims do not present a "substantial question" of federal law giving rise to federal jurisdiction; and (5) the Court declines to exercise supplemental jurisdiction over NY AG's remaining state law claims under 28 U.S.C. l 367(c)(3). For the foregoing reasons, all of the NY AG's state law claims are dismissed without prejudice to refiling in state court. Judgment is entered (I) dismissing the NYAG's CFPA claims against Defendants with prejudice, and (2) dismissing the NYAG's state law claims without prejudice and all pending motions are denied as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/19/2018) (Attachments: #1 Right to Appeal)(km) Modified on 9/19/2018 (km).
September 18, 2018 Opinion or Order Filing 109 ORDER: In its September 12, 2018 Order, (ECF No. 105), the Court inadvertently dismissed the New York Attorney General's ("NYAG") claims "without" prejudice. Given the Court's conclusion that "there is no statute for NYAG to proceed under," the NYAG's CFPA claims should have been dismissed "with" prejudice. Based on the foregoing, the Clerk of the Court is directed to enter judgment dismissing the NYAG's CFPA claims against Defendants with prejudice. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. (Signed by Judge Loretta A. Preska on 9/18/2018) (jwh) Transmission to Orders and Judgments Clerk for processing.
September 14, 2018 Opinion or Order Filing 108 NOTICE OF APPEAL from #105 Order,,,,, #80 Memorandum & Opinion, Add and Terminate Parties,,,, #106 Clerk's Judgment,,,,,,. Document filed by Consumer Financial Protection Bureau. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Konop, Benjamin)
September 14, 2018 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #108 Notice of Appeal, filed by Consumer Financial Protection Bureau were transmitted to the U.S. Court of Appeals. (nd)
September 14, 2018 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #108 Notice of Appeal,. (nd)
September 14, 2018 Opinion or Order Appeal Fee Not Required for #108 Notice of Appeal,. Appeal filed by U.S. Government. (nd)
September 12, 2018 Opinion or Order Filing 107 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated 2018-09-12 re: the Courts September 12, 2018 Order. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
September 12, 2018 Opinion or Order Filing 106 CLERK'S JUDGMENT re: #105 Order in favor of RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP, Roni Dersovitz against People of the State of New York. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 12, 2018, in summary, the Court amends its June 21, 2018 Order, and concludes that: (1) The proper remedy for the constitutional issue raised by Title X's for-cause removal provision is to invalidate Title X in its entirety; (2) this remedy invalidates the statutory basis for NYAG's independent litigating authority under the CFPA and its CFPA claims in this case; (3) for the reasons stated in point (2), the NYAG's CFPA claims must be dismissed for lack of federal jurisdiction, Fed. R. Civ. P. 12(h)(3); (4) the NYAG's remaining state law claims do not present a "substantial question" of federal law giving rise to federal jurisdiction; and (5) the Court declines to exercise supplemental jurisdiction over NYAG's remaining state law claims under 28 U.S.C. 1367(c)(3). For the foregoing reasons, all of the NYAG's state law claims are dismissed without prejudice to refiling in state court. Judgment is entered (1) dismissing the NYAG's CFPA claims against Defendants without prejudice, and (2) dismissing the NYAG's state law claims without prejudice and all pending motions are denied as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/12/2018) (Attachments: #1 Right to Appeal)(km) (Main Document 106 replaced on 9/19/2018) (km).
September 12, 2018 Opinion or Order Filing 105 ORDER: In summary, the Court amends its June 21, 2018 Order, (ECF No. 80), and concludes that: (1) The proper remedy for the constitutional issue raised by Title X's for-cause removal provision is to invalidate Title X in its entirety; (2) this remedy invalidates the statutory basis for NYAG's independent litigating authority under the CFPA and its CFPA claims in this case; (3) for the reasons stated in point (2), the NYAG's CFPA claims must be dismissed for lack of federal jurisdiction, Fed. R. Civ. P. 12(h)(3); (4) the NYAG's remaining state law claims do not present a "substantial question" of federal law giving rise to federal jurisdiction; and (5) the Court declines to exercise supplemental jurisdiction over NYAG's remaining state law claims under 28 U.S.C. 1367(c)(3). For the foregoing reasons, all of the NYAG's state law claims are dismissed without prejudice to refiling in state court. The Clerk of Court is directed to enter judgment (1) dismissing the NYAG's CFPA claims against Defendants without prejudice, and (2) dismissing the NYAG's state law claims without prejudice. The Clerk of Court shall mark this action closed and all pending motions denied as moot. (Signed by Judge Loretta A. Preska on 9/12/2018) (mro) Transmission to Orders and Judgments Clerk for processing.
September 4, 2018 Opinion or Order Filing 104 LETTER addressed to Judge Loretta A. Preska from Hai Binh T. Nguyen dated September 4, 2018 re: Proposed Rule 54(b) Judgment. Document filed by Consumer Financial Protection Bureau.(Nguyen, Hai Binh)
September 4, 2018 Opinion or Order Filing 103 PROPOSED JUDGMENT. Document filed by Consumer Financial Protection Bureau. (Nguyen, Hai Binh)
August 31, 2018 Opinion or Order Filing 102 NOTICE OF APPEARANCE by Sarah Elizabeth Trombley on behalf of People of the State of New York. (Trombley, Sarah)
August 29, 2018 Opinion or Order Filing 101 LETTER addressed to Judge Loretta A. Preska from Melvin Goldberg dated August 29, 2018 re: Clarification of Order. Document filed by People of the State of New York.(Goldberg, Melvin)
August 23, 2018 Opinion or Order Filing 100 ORDER: For the foregoing reasons, (1) the CFPB's request for entry of final judgment against it under Rule 54 (b) is granted, (ECF No. 92), (2) the RD Legal Parties' request for certification of the New York Attorney General's claims that were not dismissed in the June 21, 2018 Order for interlocutory appeal under 28 U.S.C. 1292(b) is denied, (ECF Nos. 86, 90, 94, 95, 96), and (3) the RD Legal Parties' request to stay the case during the pendency of the CFPB's appeal of the June 21, 2018 Order to the Court of Appeals is granted. Counsel shall confer and propose a form of judgment. (Signed by Judge Loretta A. Preska on 8/23/2018) (jwh) (Main Document 100 replaced on 8/24/2018) (jwh).
August 22, 2018 Opinion or Order Filing 99 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated 2018-08-22 re: Response to August 13, 2018 Letter from the New York Attorney General regarding Jurisdiction [Docket No. 93]. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
August 21, 2018 Opinion or Order Filing 98 PRE-CONFERENCE STATEMENT Rule 26(f) Report filed on behalf of NYAG and RD Legal. Document filed by People of the State of New York.(Meizlish, Jason)
August 17, 2018 Opinion or Order Filing 97 ORDER: Defendants may submit a letter responding to the argument in the New York Attorney General's August 13, 2018 submission, (see ECF No. 93), about this Court's jurisdiction over the non-CFPA claims in this case no later than 11:59 PM EDT on August 22. The letter shall be double-spaced and limited to ten pages. (Signed by Judge Loretta A. Preska on 8/17/2018) (mro)
August 16, 2018 Opinion or Order Filing 96 LETTER addressed to Judge Loretta A. Preska from Jason L. Meizlish dated August 16, 2018 re: NYAG's Response to RD Legal's 8/15/18 Letter Responding to CFPB's 8/10/18 Letter. Document filed by People of the State of New York.(Meizlish, Jason)
August 16, 2018 Opinion or Order Filing 95 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated August 16, 2018 re: reply to defendants' August 15 response to Bureau's August 10 letter requesting a pre-motion conference with the Court for approval to file a motion under Rule 54(b). Document filed by Consumer Financial Protection Bureau.(Konop, Benjamin)
August 15, 2018 Opinion or Order Filing 94 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated 2018-08-15 re: Response to August 10, 2018 Letter from Consumer Financial Protection Bureau re Request for Pre-Motion Conference [Docket No. 92]. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
August 13, 2018 Opinion or Order Filing 93 LETTER addressed to Judge Loretta A. Preska from Jason L. Meizlish dated August 13, 2018 re: NYAG's response to RD Legal's 8/3/18 letter brief re jurisdiction and CFPB's 8/10/18 letter re Rule 54(b) judgment. Document filed by People of the State of New York.(Meizlish, Jason)
August 10, 2018 Opinion or Order Filing 92 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated August 10, 2018 re: to request a pre-motion conference for approval to file a motion under Rule 54(b) for entry of a final judgment with respect to the Consumer Financial Protection Bureau. Document filed by Consumer Financial Protection Bureau.(Konop, Benjamin)
August 3, 2018 Opinion or Order Filing 91 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated 2018-08-03 re: Jurisdictional Issues. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
July 27, 2018 Opinion or Order Filing 90 LETTER addressed to Judge Loretta A. Preska from Jason Lowell Meizlish dated July 27, 2018 re: Judge Preska 7/25/18 Order requesting response from NYAG regarding Rule 54(b) judgment. Document filed by People of the State of New York.(Meizlish, Jason)
July 25, 2018 Opinion or Order Filing 89 ORDER: The Court responds to the Parties' requests contained therein as follows: (1) a scheduling conference shall be held on September 18, 2018 at 12:00 pm in Courtroom 12A of the Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street, New York, New York, 10007; and (2) to the extent that the RD Legal Parties persist in their request that the Court enter judgment against the Consumer Financial Protection Bureau ("CFPB") under Rule 54(b) of the Federal Rules of Civil Procedure, NYAG shall inform the Court if it wishes to be heard on this point; (3) if the CFPB seeks immediate review of the June 21, 2018 order, (ECF No. 80), from the Court of Appeals pursuant to some mechanism other than a Rule 54(b) judgment, the Court denies the RD Legal Parties' request for certification of the Court's June 21, 2018 order for interlocutory appeal pursuant to 28 U.S.C. 1292(b) and for a stay of this proceeding during the pendency of that appeal; and (4) regarding the RD Legal Parties' proposed filing on what they describe as jurisdictional issues, the RD Legal Parties may submit a letter addressing this no later than 11:59 PM EST on August 3, and NYAG shall respond to the RD Legal Parties' letter no later than 11:59 PM EST on August 13. Letters shall be double-spaced and limited to fifteen pages. ( Scheduling Conference set for 9/18/2018 at 12:00 PM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 7/25/2018) (kgo)
July 20, 2018 Opinion or Order Filing 88 ANSWER to Complaint with JURY DEMAND. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael) Modified on 7/23/2018 (pc). Modified on 7/23/2018 (pc).
July 20, 2018 Opinion or Order Filing 87 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #88 Answer) - ANSWER to #1 Complaint with JURY DEMAND., THIRD PARTY COMPLAINT against Roni Dersovitz, RD Legal Funding LLC, RD Legal Funding Partners, LP, RD Legal Finance, LLC. Document filed by Roni Dersovitz, RD Legal Funding LLC, RD Legal Funding Partners, LP, RD Legal Finance, LLC.(Roth, Michael) Modified on 7/23/2018 (db).
July 9, 2018 Opinion or Order Filing 86 JOINT LETTER addressed to Judge Loretta A. Preska from Michael D. Roth and Melvin Goldberg dated July 9, 2018 re: Response to June 21, 2018 Order. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
July 5, 2018 Opinion or Order Filing 85 ORDER granting #84 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Loretta A. Preska on 7/5/2018) (anc)
July 5, 2018 Opinion or Order Set/Reset Deadlines: Roni Dersovitz answer due 7/20/2017; RD Legal Finance, LLC answer due 7/20/2017; RD Legal Funding LLC answer due 7/20/2017; RD Legal Funding Partners, LP answer due 7/20/2017. (anc)
July 3, 2018 Opinion or Order Filing 84 LETTER MOTION for Extension of Time addressed to Judge Loretta A. Preska from Michael D. Roth dated July 3, 2018. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
July 3, 2018 Opinion or Order Filing 83 NOTICE OF CHANGE OF ADDRESS by Melvin L. Goldberg on behalf of People of the State of New York. New Address: Attorney General of the State of New York, 28 Liberty Street, 20A-05, New York, New York, USA 10005, 212 416-8296. (Goldberg, Melvin)
June 29, 2018 Opinion or Order Filing 82 INTERNET CITATION NOTE: Material from decision with Internet citation re: #80 Memorandum & Opinion, Add and Terminate Parties. (Attachments: #1 Internet Citation) (dnh)
June 25, 2018 Opinion or Order Filing 81 NOTICE OF APPEARANCE by Jason Lowell Meizlish on behalf of People of the State of New York. (Meizlish, Jason)
June 21, 2018 Opinion or Order Filing 80 OPINION & ORDER re: #39 MOTION to Dismiss: For the foregoing reasons, Defendants' motion (ECF No. 39) is DENIED. Because Plaintiff Consumer Financial Protection Bureau is unconstitutionally structured and lacks authority to bring claims under the CFPA, the Clerk of Court shall terminate Plaintiff Consumer Financial Protection Bureau as a party to this action. Counsel shall confer and inform the Court by letter no later than July 9 how they propose to proceed. (Consumer Financial Protection Bureau terminated.) (Signed by Judge Loretta A. Preska on 6/21/2018) (jwh)
May 18, 2018 Opinion or Order Filing 79 NOTICE of Response to Notice of Ratification re: #78 Notice (Other). Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Roth, Michael)
May 11, 2018 Opinion or Order Filing 78 NOTICE of Ratification. Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Exhibit Declaration)(Konop, Benjamin)
May 10, 2018 Opinion or Order Filing 77 NOTICE OF CHANGE OF ADDRESS by Diogenes P. Kekatos on behalf of Proposed Amicus Curie Plaintiff Settlement Class. New Address: Seeger Weiss LLP, 77 Water Street, 8th Floor, New York, New York, 10005, 21-584-0700. (Kekatos, Diogenes)
March 20, 2018 Opinion or Order Filing 76 NOTICE OF CHANGE OF ADDRESS by Diogenes P. Kekatos on behalf of Proposed Amicus Curie Plaintiff Settlement Class. New Address: Seeger Weiss LLP, 55 Challenger Road, 6th FL, Ridgefield Park, New Jersey, 07660, 212-584-0700. (Kekatos, Diogenes)
March 20, 2018 Opinion or Order Filing 75 NOTICE OF CHANGE OF ADDRESS by Christopher Adam Seeger on behalf of Proposed Amicus Curie Plaintiff Settlement Class. New Address: Seeger Weiss LLP, 55 Challenger Road, 6th FL, Ridgefield Park, New Jersey, 07660, 212-584-0700. (Seeger, Christopher)
March 12, 2018 Opinion or Order Filing 74 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated March 12, 2018 re: Response to the Courts February 23 and February 28 orders and the letter brief filed by the Consumer Financial Protection Bureau and New York Attorney General on March 5, 2018 (ECF No. 73). Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
March 5, 2018 Opinion or Order Filing 73 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated March 5, 2018 re: Order dated February 28, 2018. Document filed by Consumer Financial Protection Bureau, People of the State of New York.(Konop, Benjamin)
February 28, 2018 Opinion or Order Filing 72 ORDER: On February 23, this Court ordered briefing on two legal questions from Plaintiffs Consumer Financial Protection Bureau and the New York Attorney General (collectively, the "Government") and, following the Government's submission, a reply from Defendants RD Legal Funding, LLC, et al. (the "RD Entities"). To ensure that the parties are focused on the precise legal issues in which the Court is interested, the Court provides one clarification to the legal questions previously presented: If the Court concludes that compensation from the Zadroga Fund is not assignable pursuant to 31 U.S.C. 3727 and that, as such, the assignments in the Purchase Agreements pertaining to such compensation are void as to the United States, (1) what is the effect of the underlying agreement between the RD Entities and the Eligible Claimants as private parties, and (2) how does the effect of the underlying agreement impact the Government's assertion of jurisdiction over the RD Entities as "covered person[s)" under the CFPA? (Signed by Judge Loretta A. Preska on 2/28/2018) (mro)
February 27, 2018 Opinion or Order Filing 71 ORDER: In response to Plaintiffs Consumer Financial Protection Bureau and the New York Attorney General's (collectively, the "Government") request for an extension of time to submit a response to this Court's order dated March 2, 2018 [dkt. no. 68], the Court grants the Government an extension of time to Monday, March 5. The Government shall file its submission by 5:00 PM Eastern Standard Time on that day. Defendants RD Legal Funding, LLC, et al., shall file their reply no later than Monday, March 12. Defendants shall file their submission by 5:00 PM Eastern Standard Time on that day. (Responses due by 3/5/2018. Replies due by 3/12/2018.) (Signed by Judge Loretta A. Preska on 2/27/2018) (ap)
February 27, 2018 Opinion or Order Filing 70 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated February 27, 2018 re: Extension for Reply to Court's Feb, 23 Order. Document filed by RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
February 27, 2018 Opinion or Order Filing 69 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated February 27, 2018 re: Plaintiffs respectfully request until Friday, March 9, 2018 to respond to the Courts Order. Document filed by Consumer Financial Protection Bureau, People of the State of New York.(Konop, Benjamin)
February 23, 2018 Opinion or Order Filing 68 ORDER: Plaintiffs Consumer Financial Protection Bureau and the New York Attorney General (collectively, the "Government") shall inform the Court by letter no later than March 2 of their views as to the following, and Defendants RD Legal Funding, LLC, et al. (the "RD Entities") shall respond to Plaintiffs' letter no later than March 7. Letters shall be double-spaced and limited to ten pages: If the Court concludes that compensation from the Zadroga Fund is not assignable pursuant to 31 U.S.C. 3727 and that, as such, the Purchase Agreements pertaining to such compensation are void as to the United States, (1) what is the effect of the underlying agreement between the RD Entities and the Eligible Claimants as private parties, and (2) how does the effect of the underlying agreement impact the Government's assertion of jurisdiction over the RD Entities as covered person[s]" under the CFPA? (Signed by Judge Loretta A. Preska on 2/23/2018) (jwh)
January 17, 2018 Opinion or Order Filing 67 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated January 17, 2018 re: to respond to Defendants' January 11, 2018 letter. Document filed by Consumer Financial Protection Bureau, People of the State of New York. (Attachments: #1 Exhibit Exhibit A)(Konop, Benjamin)
January 17, 2018 Opinion or Order Filing 66 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #67 Letter) - LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated January 17, 2018 re: to respond to Defendants' January 11, 2018 letter. Document filed by Consumer Financial Protection Bureau, People of the State of New York.(Konop, Benjamin) Modified on 1/18/2018 (db).
January 11, 2018 Opinion or Order Filing 65 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated January 11, 2018 re: Renewed Request for Oral Argument. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
January 10, 2018 Opinion or Order Filing 64 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated January 10, 2018 re: to respond to Defendants' December 15, 2017 letter. Document filed by Consumer Financial Protection Bureau, People of the State of New York.(Konop, Benjamin)
December 28, 2017 Opinion or Order Filing 63 ORDER: Plaintiffs shall respond to Defendants' December 15, 2017, letter brief (dkt. no. 62) no later than January 10, 2018. (Signed by Judge Loretta A. Preska on 12/28/2017) (jwh)
December 15, 2017 Opinion or Order Filing 62 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated December 15, 2017 re: EDPA Explanation and Order. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Roth, Michael)
December 8, 2017 Opinion or Order Filing 61 LETTER addressed to Judge Loretta A. Preska from Christopher A. Seeger dated December 8, 2017 re: Order entered in NFL Players' Concussion Injury Litigation, MDL No. 2323 (E.D. Pa.). Document filed by Proposed Amicus Curie Plaintiff Settlement Class.(Seeger, Christopher)
September 15, 2017 Opinion or Order Filing 60 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated September 15, 2017 re: response to 9/8/17 Order referring assignment question to Judge Anita B. Brody. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
September 8, 2017 Opinion or Order Filing 59 ORDER granting #45 Letter Motion to File Amicus Brief: The Court has consulted with Judge Brody, and she has graciously agreed to accept a referral on the question of whether the NFL Concussion Litigation settlement agreement forbids assignments of settlement benefits. Accordingly, Class Counsel's request for a referral, (ECF No. 45), is granted. To be clear, the Court does not intend to transfer this action or any portion of it to the district court presiding over the NFL Concussion Litigation. The parties shall confer and inform both this Court and Judge Brody by letter dated no later than September 15, 2017 how they propose to proceed. (Signed by Judge Loretta A. Preska on 9/8/2017) (jwh)
August 31, 2017 Opinion or Order Filing 58 MEMO ENDORSEMENT on re: #57 Letter, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. ENDORSEMENT: Defendants may respond only after it is determined how many amicus briefs will be filed. (Signed by Judge Loretta A. Preska on 8/29/2017) (jwh)
August 25, 2017 Opinion or Order Filing 57 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated August 25, 2017 re: Renewed Request to Respond to Amicus Briefs. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
August 15, 2017 Opinion or Order Filing 56 BRIEF /Memorandum of Law of Amicus Curiae in Support of Plaintiff and in Opposition to Defendants' Motion to Dismiss. Document filed by American Legal Finance Association.(Fornos, Carolina)
August 15, 2017 Opinion or Order Filing 55 NOTICE OF APPEARANCE by Carolina A. Fornos on behalf of American Legal Finance Association. (Fornos, Carolina)
August 14, 2017 Opinion or Order Filing 54 MEMO ENDORSEMENT on #51 LETTER REPLY to Response to Motion granting #48 Letter Motion to File Amicus Brief. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/14/2017) (jwh)
August 11, 2017 Opinion or Order Filing 53 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated August 11, 2017 re: Amicus by American Legal Finance Association (ALFA). Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
August 11, 2017 Opinion or Order Filing 52 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated August 11, 2017 re: Response to Supplemental Authority. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
August 10, 2017 Opinion or Order Filing 51 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Carolina A. Fornos, Esq dated August 10, 2017 re: #48 LETTER MOTION to File Amicus Brief addressed to Judge Loretta A. Preska from Carolina A. Fornos dated August 1, 2017. . Document filed by American Legal Finance Association. (Attachments: #1 [PROPOSED] Memorandum of Law of Amicus Curiae American Legal Finance Association in Support of Plaintiff Consumer Financial Protection Bureau)(Fornos, Carolina)
August 9, 2017 Opinion or Order Filing 50 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated August 9, 2017 re: Notice of Supplemental Authority. Document filed by Consumer Financial Protection Bureau, People of the State of New York. (Attachments: #1 Exhibit CFPB v. Navient Opinion)(Konop, Benjamin)
August 4, 2017 Opinion or Order Filing 49 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated August 4, 2017 re: Opposition to Request to File Amicus Brief. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
August 1, 2017 Opinion or Order Filing 48 LETTER MOTION to File Amicus Brief addressed to Judge Loretta A. Preska from Carolina A. Fornos dated August 1, 2017. Document filed by American Legal Finance Association.(Fornos, Carolina)
July 31, 2017 Opinion or Order Filing 47 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Christopher A. Seeger dated July 31, 2017 re: #45 LETTER MOTION to File Amicus Brief addressed to Judge Loretta A. Preska from Christopher A. Seeger dated July 25, 2017. . Document filed by Proposed Amicus Curie Plaintiff Settlement Class. (Seeger, Christopher)
July 28, 2017 Opinion or Order Filing 46 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated July 28, 2017 re: Opposition to Request to File Amicus Brief. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
July 25, 2017 Opinion or Order Filing 45 LETTER MOTION to File Amicus Brief addressed to Judge Loretta A. Preska from Christopher A. Seeger dated July 25, 2017. Document filed by Proposed Amicus Curie Plaintiff Settlement Class. (Attachments: #1 Exhibit Proposed Amicus Curie Brief in Opposition to Motion to Dismiss)(Seeger, Christopher)
July 25, 2017 Opinion or Order Filing 44 NOTICE OF APPEARANCE by TerriAnne Benedetto on behalf of Proposed Amicus Curie Plaintiff Settlement Class. (Benedetto, TerriAnne)
July 25, 2017 Opinion or Order Filing 43 NOTICE OF APPEARANCE by Diogenes P. Kekatos on behalf of Proposed Amicus Curie Plaintiff Settlement Class. (Kekatos, Diogenes)
July 25, 2017 Opinion or Order Filing 42 NOTICE OF APPEARANCE by Christopher Adam Seeger on behalf of Proposed Amicus Curie Plaintiff Settlement Class. (Seeger, Christopher)
June 29, 2017 Opinion or Order Filing 41 AFFIDAVIT of Roni Dersovitz in Support re: #39 MOTION to Dismiss .. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Exhibit A-1 through A-10, #2 Exhibit A-11 through A-15, #3 Exhibit A-16 through A-20, #4 Exhibit B-1 through B-3, #5 Exhibit B-4 through B-7, #6 Exhibit C, #7 Exhibit D)(Roth, Michael)
June 29, 2017 Opinion or Order Filing 40 MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss . . Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Roth, Michael)
June 29, 2017 Opinion or Order Filing 39 MOTION to Dismiss . Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. Responses due by 6/12/2017(Roth, Michael)
June 29, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Dietz Roth to RE-FILE Document #29 Notice (Other). Use the event type Dismiss found under the event list Motions. (ldi)
June 29, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Dietz Roth to RE-FILE Document #30 MOTION to Dismiss . Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. **NOTE** The attached Affidavit in Support of Motion (with exhibits) must be filed separately. Use the corresponding event type found under event list Replies, Opposition and Supporting Documents. (ldi)
June 26, 2017 Opinion or Order Filing 38 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated June 26, 2017 re: request oral argument. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
June 26, 2017 Opinion or Order Filing 37 REPLY MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss . . Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Roth, Michael)
June 12, 2017 Opinion or Order Filing 36 MEMORANDUM OF LAW in Opposition re: #30 MOTION to Dismiss . . Document filed by Consumer Financial Protection Bureau, People of the State of New York. (Konop, Benjamin)
May 30, 2017 Opinion or Order Filing 35 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated May 30, 2017 re: response to the Government's letter dated May 26, 2017. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
May 26, 2017 Opinion or Order Filing 34 LETTER addressed to Judge Loretta A. Preska from Benjamin Konop dated May 26, 2017 re: to request that the Court reconsider its order of May 25, 2017 and deny the request of RD Legal Funding, LLC et al. made on May 23, 2017. Document filed by Consumer Financial Protection Bureau, People of the State of New York.(Konop, Benjamin)
May 25, 2017 Opinion or Order Filing 33 MEMO ENDORSEMENT on re: #32 Letter, filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 5/25/2017) (jwh)
May 23, 2017 Opinion or Order Filing 32 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated May 23, 2017 re: to request that the Court continue the date to confer pursuant to Federal Rule of Civil Procedure 26(f). Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
May 15, 2017 Opinion or Order Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Roth, Michael)
May 15, 2017 Opinion or Order Filing 30 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss . Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. Responses due by 6/12/2017 (Attachments: #1 Affidavit of Roni Dersovitz, #2 Exhibit A-1 through A-10, #3 Exhibit A-11 through A-15, #4 Exhibit A-16 through A-20, #5 Exhibit B-1 through B-3, #6 Exhibit B-4 through B-7, #7 Exhibit C, #8 Exhibit D)(Roth, Michael) Modified on 6/29/2017 (ldi).
May 15, 2017 Opinion or Order Filing 29 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Motion to Dismiss. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Roth, Michael) Modified on 6/29/2017 (ldi).
May 10, 2017 Opinion or Order Filing 28 ORDER FOR ADMISSION PRO HAC VICE OF JEFFREY M. HAMMER. THIS MATTER coming before the Court on motion of Defendants RD Legal Funding, LLC, RD Legal Finance, LLC, RD Legal Funding Partners, LP and Roni Dersovitz for pro hac vice admission of Jeffrey M. Hammer, Esq. in the above-captioned action, and the Court having reviewed the papers submitted in support, it is hereby: ORDERED, ADJUDGED and DECLARED that Jeffrey M. Hammer, Esq. is hereby admitted on a pro hac vice basis in this case only, and as further set forth in this Order. Attorney Jeffrey M. Hammer for Roni Dersovitz, Jeffrey M. Hammer for RD Legal Finance, LLC, Jeffrey M. Hammer for RD Legal Funding LLC, Jeffrey M. Hammer for RD Legal Funding Partners, LP admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 5/10/2017) (rjm)
May 10, 2017 Opinion or Order Filing 27 ORDER FOR ADMISSION PRO HAC VICE OF MICHAEL D. ROTH: It is hereby ORDERED, ADJUDGED and DECLARED that Michael D. Roth, Esq. is hereby admitted on a pro hac vice basis in this case only. (Signed by Judge Loretta A. Preska on 5/10/2017) (ras)
May 10, 2017 Opinion or Order Filing 26 ORDER: granting #24 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/10/2017) (ap)
May 10, 2017 Opinion or Order Filing 25 ORDER FOR ADMISSION PRO HAC VICE OF DAVID K. WILLINGHAM. David K. Willingham, Esq. is hereby admitted on a pro hac vice basis in this case only. (As further set forth in this Order.) David K. Willingham for Roni Dersovitz,David K. Willingham for RD Legal Finance, LLC,David K. Willingham for RD Legal Funding LLC,David K. Willingham for RD Legal Funding Partners, LP admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 5/10/2017) (cf)
May 9, 2017 Opinion or Order Filing 24 LETTER MOTION for Leave to File Excess Pages addressed to Judge Loretta A. Preska from Michael D. Roth, Esq. dated May 9, 2017. Document filed by RD Legal Finance, LLC.(Kanefsky, Eric)
May 3, 2017 Opinion or Order Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David K. Willingham to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(Kanefsky, Eric) Modified on 5/3/2017 (ma).
May 3, 2017 Opinion or Order Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael D. Roth to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(Kanefsky, Eric) Modified on 5/3/2017 (ma).
May 3, 2017 Opinion or Order Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jeffrey M. Hammer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(Kanefsky, Eric) Modified on 5/3/2017 (ma).
May 3, 2017 Opinion or Order Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David K. Willingham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13617327. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(Kanefsky, Eric) Modified on 5/3/2017 (wb).
May 3, 2017 Opinion or Order Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael D. Roth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13617302. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(Kanefsky, Eric) Modified on 5/3/2017 (wb).
May 3, 2017 Opinion or Order Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jeffrey M. Hammer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13617230. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(Kanefsky, Eric) Modified on 5/3/2017 (wb).
May 3, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #20 MOTION for David K. Willingham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13617327. Motion and supporting papers to be reviewed by Clerk's Office staff., #19 MOTION for Michael D. Roth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13617302. Motion and supporting papers to be reviewed by Clerk's Office staff., #18 MOTION for Jeffrey M. Hammer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13617230. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the motion was not signed by the Attorney apply for Pro Hac Vice. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
May 3, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Jeffrey M. Hammer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING CERTIFICATE OF GOOD STANDING FROM THE SUPREME COURT OF ILLINOIS AND REMOVE THE DECLARATION SIGNED BY MR. ERIC.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
May 3, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 MOTION for Michael D. Roth to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING CERTIFICATE OF GOOD STANDING FROM THE NEW YORK SUPREME COURT AND REMOVE THE DECLARATION SIGNED BY MR.ERIC.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
May 3, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #23 MOTION for David K. Willingham to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING CERTIFICATE OF GOOD STANDING FROM THE NEW YORK SUPREME COURT AND PLEASE REMOVE THE DECLARATION SIGNED BY MR.ERIC.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
March 27, 2017 Opinion or Order Filing 17 STIPULATION: It is hereby stipulated and agreed, by and between the undersigned counsels, as follows: Any motion to dismiss shall be filed by May 15, 2017. Any opposition to the motion to dismiss shall be filed by June 12, 2017. Any reply shall be filed by June 26, 2017. (Motions due by 5/15/2017. Responses due by 6/12/2017. Replies due by 6/26/2017.) (Signed by Judge Loretta A. Preska on 3/27/2017) (jwh)
March 27, 2017 Opinion or Order Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David K. Willingham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13466613. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Kanefsky, Eric) Modified on 3/27/2017 (ma).
March 27, 2017 Opinion or Order Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael D. Roth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13466563. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Kanefsky, Eric) Modified on 3/27/2017 (ma).
March 27, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #16 MOTION for David K. Willingham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13466613. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from THE SUPREME COURT OF CALIFORNIA;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
March 27, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for Michael D. Roth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13466563. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from THE SUPREME COURT OF CALIFORNIA;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
March 23, 2017 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Eric Todd Kanefsky on behalf of Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. (Kanefsky, Eric)
March 17, 2017 Opinion or Order Filing 13 ORDER OF CONFERENCE: It is hereby ORDERED that counsel are directed to appear in courtroom 12A, or such other courtroom as may be designated, United States Courthouse, 500 Pearl Street, New York, New York 10007 on March 27, 2017 at 10:30 a.m. for a conference in the above action. (Signed by Judge Loretta A. Preska on 3/17/2017) (ap) Modified on 3/24/2017 (ap).
March 17, 2017 Opinion or Order Set/Reset Hearings: Status Conference set for 3/27/2017 at 10:30 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (ap)
March 15, 2017 Opinion or Order Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Consumer Financial Protection Bureau. (Konop, Benjamin)
March 15, 2017 Opinion or Order Filing 11 LETTER addressed to Judge Loretta A. Preska from Michael D. Roth dated 3/15/2017 re: Pre-Motion Conference. Document filed by Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP.(Kanefsky, Eric)
March 13, 2017 Opinion or Order Filing 10 FIRST LETTER addressed to Judge Loretta A. Preska from Jane M. Azia dated March 13, 2017 re: Opposition to Pre-Motion letter request by Barasch Law Firm to Intervene. Document filed by People of the State of New York.(Goldberg, Melvin)
February 13, 2017 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (wb)
February 13, 2017 Opinion or Order Magistrate Judge Barbara C. Moses is so designated. (wb)
February 13, 2017 Opinion or Order CASE ACCEPTED AS RELATED. Create association to 1:17-cv-00010-LAP. Notice of Assignment to follow. (wb)
February 9, 2017 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Melvin L. Goldberg on behalf of People of the State of New York. (Goldberg, Melvin)
February 8, 2017 Opinion or Order Filing 8 ORDER FOR ADMISSION PRO HAC VICE granting #5 Motion for Hai Binh T. Nguyen to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 2/7/2017) (mro)
February 8, 2017 Opinion or Order Filing 7 ORDER FOR ADMISSION PRO HAC VICE granting #4 Motion for Benjamin Z. Konop to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 2/7/2017) (mro)
February 8, 2017 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Jane M. Azia on behalf of People of the State of New York. (Azia, Jane)
February 8, 2017 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Benjamin Zachary Konop. The following case opening statistical information was erroneously selected/entered: Fee Status code none (no fee required). The following correction(s) have been made to your case entry: the Fee Status code has been modified to wv (waived). (kl)
February 8, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Hai Binh T. Nguyen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 8, 2017 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Zachary Konop. The party information for the following party/parties has been modified: State of New York Attorney General. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (kl)
February 8, 2017 Opinion or Order Case Designated ECF. (kl)
February 8, 2017 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (kl)
February 8, 2017 Opinion or Order CASE REFERRED TO Judge Loretta A. Preska as possibly related to 1:17-cv-00010-LAP. (kl)
February 7, 2017 Opinion or Order Filing 5 MOTION for Hai Binh T. Nguyen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Nguyen, Hai Binh)
February 7, 2017 Opinion or Order Filing 4 MOTION for Benjamin Z. Konop to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau. (Attachments: #1 Affidavit Affidavit of Benjamin Z. Konop, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Konop, Benjamin)
February 7, 2017 Opinion or Order Filing 3 RELATED CASE AFFIRMATION of Benjamin Konop re: that this action be filed as related to 1:17-cv-00010-LAP. Document filed by Consumer Financial Protection Bureau.(Konop, Benjamin)
February 7, 2017 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Konop, Benjamin)
February 7, 2017 Opinion or Order Filing 1 COMPLAINT against Roni Dersovitz, RD Legal Finance, LLC, RD Legal Funding LLC, RD Legal Funding Partners, LP. Document filed by Consumer Financial Protection Bureau.(Konop, Benjamin)
February 7, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Benjamin Z. Konop to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

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Search for this case: Consumer Financial Protection Bureau et al v. RD Legal Funding LLC et al
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Defendant: RD Legal Funding LLC
Represented By: Eric Todd Kanefsky
Represented By: Jeffrey M. Hammer
Represented By: David K. Willingham
Represented By: Michael Dietz Roth
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Defendant: RD Legal Funding Partners, LP
Represented By: Eric Todd Kanefsky
Represented By: Jeffrey M. Hammer
Represented By: David K. Willingham
Represented By: Michael Dietz Roth
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Defendant: RD Legal Finance, LLC
Represented By: Eric Todd Kanefsky
Represented By: Jeffrey M. Hammer
Represented By: David K. Willingham
Represented By: Michael Dietz Roth
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Plaintiff: Consumer Financial Protection Bureau
Represented By: Hai Binh Thi Nguyen
Represented By: Kevin E. Friedl
Represented By: Benjamin Zachary Konop, I
Represented By: Jacob Schunk
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Plaintiff: People of the State of New York
Represented By: Jane M. Azia
Represented By: Christopher Leonard McCall
Represented By: Jason Lowell Meizlish
Represented By: Melvin L. Goldberg
Represented By: Sarah E. Trombley
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3rd party plaintiff: Roni Dersovitz
Represented By: Eric Todd Kanefsky
Represented By: Jeffrey M. Hammer
Represented By: David K. Willingham
Represented By: Michael Dietz Roth
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Not classified by court: Christopher LoPalo
Represented By: Queen Ndukwe
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Interested party: U.S. DEPARTMENT OF JUSTICE
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Amicus curiae: Proposed Amicus Curie Plaintiff Settlement Class
Represented By: Christopher Adam Seeger
Represented By: Diogenes P. Kekatos
Represented By: TerriAnne Benedetto
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Amicus curiae: American Legal Finance Association
Represented By: Carolina A. Fornos
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