Jiminez v. Credit One Bank, N.A.
Plaintiff: Alejandro Jiminez
Defendant: Credit One Bank, N.A.
Case Number: 1:2017cv02844
Filed: April 20, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Laura Taylor Swain
Nature of Suit: Other Statutory Actions
Cause of Action: 47 U.S.C. ยง 227
Jury Demanded By: None
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Date Filed Document Text
September 30, 2022 Opinion or Order Filing 186 MEMORANDUM OPINION AND ORDER re: 172 MOTION for Summary Judgment . filed by Alorica, Inc., NCO Financial Systems, Inc., 166 MOTION for Summary Judgment filed by Credit One Bank, N.A. For the foregoing reasons, Defendants' motions for summary judgment are granted in their entirety, and the Clerk of Court is respectfully directed to enter judgment accordingly. This Memorandum Opinion and Order resolves docket entry numbers 166 and 172. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/30/2022) (vfr) Transmission to Orders and Judgments Clerk for processing.
November 2, 2021 Opinion or Order Filing 165 ORDER: The Court has received and reviewed the parties' status report. (Docket entry no. 164.) Because the issues of random and sequential number generation were already addressed in prior discovery and argumentation (before this case was app ealed to the Second Circuit), Plaintiffs request to reopen discovery is denied. The parties are directed to renew their summary judgment motions on updated papers, including their analysis of the impact of Facebook v. Duguid, 141 S. Ct. 1163 (2021 ), based upon the existing factual record. Opening papers shall be filed by November 19, 2021; opposition papers shall be filed by December 3, 2021; and reply papers shall be filed by December 10, 2021. So Ordered. (Motions due by 11/19/2021., Responses due by 12/3/2021, Replies due by 12/10/2021.) (Signed by Judge Laura Taylor Swain on 11/2/2021) (js)
May 20, 2021 Opinion or Order Filing 161 ORDER: In light of the decision issued by the United States Court of Appeals for the Second Circuit vacating the Court's prior judgment and remanding the case for further proceedings consistent with the Supreme Courts decision in Facebook , Inc. v. Duguid, 141 S. Ct. 1163 (2021) (see docket entry no. 159), the parties are directed to meet and confer and file a joint submission addressing what litigation remains outstanding and whether the parties are willing to meet with a Magistrate Judge for settlement purposes, and proposing a schedule for any contemplated motion practice. The joint submission must be filed by June 1, 2021. So Ordered. (Signed by Judge Laura Taylor Swain on 5/20/2021) (js)
April 9, 2020 Opinion or Order Filing 156 ORDER: The Court's briefing order filed earlier this morning (Docket Entry No. 155) is withdrawn and, in the interests of judicial economy and efficient use of the parties' time and resources, Defendant Credit One Bank' s motion (Docket Entry No. 152) is denied summarily for the following reasons. Defendant may post its security to obtain a stay under Federal Rule of Civil Procedure 62(a) in the form of cash by wire transfer of 115% of the judgment amount ( which the Clerk of Court shall place in the Court's registry), and may then apply to have the surety bond substituted for the cash once it is obtained. No injunctive relief is necessary to remedy Defendant's failure to make appropri ate arrangements in a timely manner. Defendant is directed to contact the office of the Clerk of Court for wire transfer instructions. This order resolves Docket Entry No. 152. (Signed by Judge Laura Taylor Swain on 4/9/2020) (mro) Transmission to Finance Unit (Cashiers) for processing.
November 22, 2019 Opinion or Order Filing 148 CLERK'S JUDGMENT re: 147 Order. in favor of Alejandro Jiminez against Alorica, Inc., Credit One Bank, N.A., NCO Financial Systems, Inc. in the amount of $ 190,000.00. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated November 22, 2019, judgment is entered for the Plaintiff, against the Defendants, jointly and severally, in the amount of $190,000. (Signed by Clerk of Court Ruby Krajick on 11/22/2019) (Attachments: # 1 Notice of Right to Appeal)(dt) (Main Document 148 replaced on 11/22/2019) (dt).
March 28, 2019 Opinion or Order Filing 105 MEMORANDUM OPINION AND ORDER: re: 57 MOTION Unopposed Motion to Join Motion for Stay re: 56 Memorandum of Law in Support of Motion, 55 MOTION to Stay filed by Alorica, Inc., 85 CONSENT MOTION to Join re: 74 MOTION to Stay filed by Al orica, Inc., 74 MOTION to Stay filed by Credit One Bank, N.A., 83 CONSENT MOTION to Join re: 68 MOTION for Summary Judgment filed by Alorica, Inc., 53 MOTION Unopposed Motion to Join Motion for Summary Judgment re: 47 MOTION for Summary Judgment Defendant Credit One Bank N.A.'s Notice of Motion and Motion for Summary Judgment. MOTION for Summary Judgment Defendant Credit O MOTION Unopposed Motion to Join Motion for Summary Judgment re: 47 MOTION for Summary Judgment Def endant Credit One Bank N.A.s Notice of Motion and Motion for Summary Judgment. MOTION for Summary Defendant Credit O MOTION Unopposed Motion to Join Motion for Summary Judgment re: 47 MOTION for Summary Judgment Defendant Credit One Bank N.A. s Notice of Motion and Motion for Summary Judgment. MOTION for Summary Judgment Defendant Credit O filed by Alorica, Inc., 66 CONSENT MOTION to Join re: 60 Memorandum of Law in Opposition to Motion re: 49 for Summary Judgment filed by Alori ca, Inc., 68 MOTION for Summary Judgment filed by Credit One Bank, N.A., 49 MOTION for Summary Judgment filed by Alejandro Jiminez. For the foregoing reasons, Plaintiff's motion for summary judgment is granted as to the issue of TCPA li ability, and Credit Ones motions for summary judgment and a stay are denied. The final pre-trial conference in this case is currently scheduled for June 21, 2019, at 11:00 a.m. The parties are directed to contact Magistrate Judge Cott's chambers promptly to schedule a settlement conference. If no settlement is concluded by May 15, 2019, the parties must meet and confer regarding damages and file a joint status report by May 22, 2019, identifying all uncontested material facts relevant to th e determination of damages, any contested factual issues, the parties' respective positions on those contested factual issues, and stating whether a trial is necessary. This Memorandum Opinion and Order resolves docket entry nos. 49, 53, 57, 66, 68, 74, 83, and 85. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/28/2019) (ama)
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Plaintiff: Alejandro Jiminez
Represented By: Yitzchak Zelman
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Defendant: Credit One Bank, N.A.
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