People of The State of New York v. Debt Resolve, Inc. et al
| People of The State of New York and The People of the State of New York, by Barbara D. Underwood, Attorney General of the State of New York |
| Hutton Ventures, LLC, Student Loan Care, LLC, Debt Resolve, Inc., Student Advocates Team, LLC, Student Advocates, LLC, Equitable Acceptance Corporation, Stanley E. Freimuth, Progress Advocates, LLC, Progress Advocates Group, LLC, Student Advocates Group, LLC, Bruce Bellmare and Student Loan Support, LLC |
| 1:2018cv09812 |
| October 24, 2018 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Consumer Credit |
| 28 U.S.C. § 1441 nr |
| None |
Docket Report
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This docket was last retrieved on March 30, 2021. A more recent docket listing may be available from PACER.
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Filing 40
MEMO ENDORSED granting #39 Letter Motion for Extension of Time. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 12/21/2018) (kv)
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| Set/Reset Deadlines: Responses due by 2/19/2019 (kv) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Melvin L. Goldberg to RE-FILE re: Document No. #38 Amended Complaint. The filing is deficient for the following reason(s): A First Amended Complaint has already been filed; the order granting permission to file the pleading was not attached; Court's leave has not been granted. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF titled as 'Second Amended Complaint' - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pne) |
| Filing 39 FIRST LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Melvin Goldberg dated December 19, 2018. Document filed by People of The State of New York.(Goldberg, Melvin) |
| Filing 38 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -FIRST AMENDED COMPLAINT amending #36 Amended Complaint, #37 Amended Complaint, against Bruce Bellmare, Debt Resolve, Inc., Equitable Acceptance Corporation, Stanley E. Freimuth, Hutton Ventures, LLC, Progress Advocates Group, LLC, Progress Advocates, LLC, Student Advocates Group, LLC, Student Advocates Team, LLC, Student Advocates, LLC, Student Loan Care, LLC, Student Loan Support, LLC.Document filed by People of The State of New York. Related document: #36 Amended Complaint, #37 Amended Complaint,.(Goldberg, Melvin) Modified on 12/20/2018 (pne). |
| Filing 37 FIRST AMENDED COMPLAINT amending #36 Amended Complaint against Bruce Bellmare, Debt Resolve, Inc., Equitable Acceptance Corporation, Stanley E. Freimuth, Hutton Ventures, LLC, Progress Advocates Group, LLC, Progress Advocates, LLC, Student Advocates Group, LLC, Student Advocates Team, LLC, Student Advocates, LLC, Student Loan Care, LLC, Student Loan Support, LLC.Document filed by People of The State of New York. Related document: #36 Amended Complaint.(Goldberg, Melvin) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Melvin L. Goldberg to RE-FILE Document No. #36 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. 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. (sj) |
| Filing 36 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT against All Defendants.Document filed by People of The State of New York.(Goldberg, Melvin) Modified on 12/13/2018 (sj). |
| Filing 35 FIRST MOTION to Dismiss for Failure to State a Claim. Document filed by Progress Advocates, LLC, Student Loan Care, LLC. (Attachments: #1 Memorandum of Law)(Krejci, Eric) |
| Filing 34 FIRST MOTION to Dismiss for Failure to State a Claim. Document filed by Bruce Bellmare, Debt Resolve, Inc., Stanley E. Freimuth. (Attachments: #1 Memorandum of Law)(Krejci, Eric) |
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time. SO ORDERED. (Amended Pleadings due by 12/12/2018.) (Signed by Judge Alison J. Nathan on 11/27/2018) (jca)
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| Set/Reset Deadlines: Equitable Acceptance Corporation answer due 1/11/2019, Responses due by 2/2/2019 (jca) |
| Filing 32 LETTER MOTION for Extension of Time on Amended Complaint and Motion to Dismiss Deadlines and Stating Intention to Amend the Complaint Pursuant to Section 3(F) of the Court's Individual Practices in Civil Cases addressed to Judge Alison J. Nathan from the NYAG dated November 26, 2018. Document filed by The People of the State of New York, by Barbara D. Underwood, Attorney General of the State of New York.(Dearing, Stewart) |
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Filing 31
STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE APPEAR: IT IS HEREBY STIPULATED AND AGREED, by and between the Plaintiff and Defendants Debt Resolve, Inc., Progress Advocates, LLC, Student Loan Care, LLC, Bruce Bellmare and Stanley E. Freimuth that Plaintiff consents to Defendant Debt Resolve, Inc.'s, Progress Advocates, LLC's, Student Loan Care, LLC's, Bruce Bellmare's and Stanley E. Freimuth's request to extend the time to respond to the Complaint or otherwise move or appear in this action up to and including December 10, 2018; as further set forth in this Order. Motions terminated: #28 SECOND LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Eric T. Krejci dated November 16, 2018. filed by Bruce Bellmare, Progress Advocates, LLC, Stanley E. Freimuth, Debt Resolve, Inc., Student Loan Care, LLC., Bruce Bellmare answer due 12/10/2018; Debt Resolve, Inc. answer due 12/10/2018; Stanley E. Freimuth answer due 12/10/2018; Progress Advocates Group, LLC answer due 12/10/2018; Student Loan Care, LLC answer due 12/10/2018. (Signed by Judge Alison J. Nathan on 11/21/2018) (cf)
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Filing 30
ORDER: On November 16, 2018, Defendant Equitable Acceptance filed a motion to dismiss. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before November 26, 2018, Plaintiffs must notify the Court and their adversaries in writing whether (1) they intends to file an amended pleading and when they will do so or (2) they will rely on the pleading being attacked. (As further set forth in this Order.) If Plaintiffs choose to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. (Signed by Judge Alison J. Nathan on 11/21/2018) (cf)
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| Filing 29 NOTICE OF APPEARANCE by Adel James Chareq on behalf of Equitable Acceptance Corporation. (Chareq, Adel) |
| Filing 28 SECOND LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Eric T. Krejci dated November 16, 2018. Document filed by Bruce Bellmare, Debt Resolve, Inc., Stanley E. Freimuth, Progress Advocates, LLC, Student Loan Care, LLC. (Attachments: #1 Exhibit Stipulation)(Krejci, Eric) |
| Filing 27 MOTION to Dismiss . Document filed by Equitable Acceptance Corporation. Responses due by 11/30/2018 (Attachments: #1 Supplement Memorandum of Law)(Libowsky, David) |
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Filing 26
ORDER granting #25 Motion for A. James Chareq to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison)
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| Filing 25 MOTION for A. James Chareq to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Equitable Acceptance Corporation. (Attachments: #1 Affidavit Declaration of A. James Chareq, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order, #4 Supplement Certificate of Service)(Libowsky, David) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for A. James Chareq 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. (ma) |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for A. James Chareq to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15853138. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Equitable Acceptance Corporation. (Attachments: #1 Affidavit of A. James Chareq, #2 Exhibit Good Standing Certificates, #3 Text of Proposed Order, #4 Supplement Certificate of Service)(Libowsky, David) Modified on 11/2/2018 (ma). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 MOTION for A. James Chareq to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15853138. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): CERTIFICATE OF GOOD STANDING MUST BE ISSUED BY THE SUPREME COURT OF ILLINOIS.;. 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) |
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Filing 23
ORDER granting #11 Letter Motion for Extension of Time to Answer. SO ORDERED. (Equitable Acceptance Corporation answer due 11/16/2018.) (Signed by Judge Alison J. Nathan on 10/31/2018) (anc)
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| Filing 22 NOTICE OF APPEARANCE by Lucy E Morris on behalf of Equitable Acceptance Corporation. (Morris, Lucy) |
| Filing 21 NOTICE OF APPEARANCE by Laura Levine on behalf of The People of the State of New York, by Barbara D. Underwood, Attorney General of the State of New York. (Levine, Laura) |
| Filing 20 FIRST LETTER MOTION for Extension of Time to Answer, Move or Otherwise Appear addressed to Judge Alison J. Nathan from Eric T. Krejci dated October 29, 2018. Document filed by Bruce Bellmare, Debt Resolve, Inc., Stanley E. Freimuth, Progress Advocates, LLC, Student Loan Care, LLC. (Attachments: #1 Exhibit Stipulation Extending Time)(Krejci, Eric) |
| Filing 19 NOTICE OF APPEARANCE by Eric Thomas Krejci on behalf of Bruce Bellmare, Debt Resolve, Inc., Stanley E. Freimuth, Progress Advocates, LLC, Student Loan Care, LLC. (Krejci, Eric) |
| Filing 18 NOTICE OF APPEARANCE by Allen Denson on behalf of Equitable Acceptance Corporation. (Denson, Allen) |
| Filing 17 NOTICE OF APPEARANCE by Stewart Chenault Dearing on behalf of The People of the State of New York, by Barbara D. Underwood, Attorney General of the State of New York. (Dearing, Stewart) |
| Filing 16 NOTICE OF APPEARANCE by Melvin L. Goldberg on behalf of The People of the State of New York, by Barbara D. Underwood, Attorney General of the State of New York. (Goldberg, Melvin) |
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Filing 15
NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference (Initial Conference set for 3/8/2019 at 03:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/26/2018) (jca)
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Filing 14
ORDER granting #12 Motion for Lucy E. Morris to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison)
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Filing 13
ORDER granting #10 Motion for Allen H. Denson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Lucy E. Morris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15811441. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Allen H. Denson 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. (jc) |
| Filing 12 MOTION for Lucy E. Morris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15811441. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Equitable Acceptance Corporation. (Attachments: #1 Affidavit Declaration of Lucy Morris, #2 Exhibit A - Good Standing Certificates, #3 Text of Proposed Order Proposed Order, #4 Supplement Certificate of Service)(Libowsky, David) |
| Filing 11 LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from David J. Libowsky dated October 25, 2018. Document filed by Equitable Acceptance Corporation.(Libowsky, David) |
| Filing 10 MOTION for Allen H. Denson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Equitable Acceptance Corporation. (Attachments: #1 Affidavit Declaration of Allen Denson, #2 Exhibit A - Good Standing Certificates, #3 Text of Proposed Order, #4 Supplement Certificate of Service)(Libowsky, David) |
| Filing 9 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 451873/2018..Document filed by Equitable Acceptance Corporation. (Attachments: #1 Exhibit A - Statement of Service by Mail and Complaint, #2 Exhibit B - Proof of Service for Co-Defendants, #3 Exhibit C - Consent to Removal by Hutton Ventures, LLC, #4 Exhibit D - Consent to Removal by Student Loan Support, LLC, #5 Exhibit E - Consent to Removal by Progress Advocates Group, LLC, Student Advocates, LLC, Student Advocates Group, LLC and Student Advocates Team, LLC, #6 Exhibit F - Consent to Removal by Debt Resolve, Inc., Progress Advocates, LLC, Student Loan Care, LLC, Bruce Bellmare and Stanley E. Freimuth)(Libowsky, David) |
| Filing 8 CIVIL COVER SHEET filed. (Libowsky, David) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 Proposed Order.. The filing is deficient for the following reason(s): THIS SHOULD NOT BE FILED AS A STANDALONE DOCUMENT, YOU DO NOT NEED TO RE-FILE IT. Re-file the motion as a Correct 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) Modified on 10/25/2018 (ma). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 Proposed Order.. The filing is deficient for the following reason(s): the wrong event type was used to file the motion, RE-FILING NOT REQUIRED. Re-file the motion using the event type Motion to Appear Pro Hac Vice found under the event list Motions - 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) Modified on 10/25/2018 (ma). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Allen H. Denson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15804429. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney People of The State of New York to RE-FILE Document No. #7 Civil Cover Sheet. The filing is deficient for the following reason: caption entered on civil cover sheet is incorrect; defendant name error. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David J. Libowsky. The party information for the following party/parties has been modified: People of The State of New York. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David J. Libowsky. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1679; Arbitration code e (Exempt); County code New York; Fee Status code due (due). The following corrections have been made to your case entry: the Cause of Action code has been modified to 28:1441nr; the Arbitration code has been deleted; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David J. Libowsky to RE-FILE Document No. #1 Notice of Removal,,. The filing is deficient for the following reason: As per Rule 13.3, Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is known. Re-file the pleading using the event type Notice of Removal 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. (pne) |
| Filing 7 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Libowsky, David) Modified on 10/25/2018 (pne). |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Equitable Acceptance Corporation. Related Document Number: #4 . (Libowsky, David) Proposed Order to be reviewed by Clerk's Office staff. Modified on 10/25/2018 (ma). |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Equitable Acceptance Corporation. Related Document Number: #4 . (Libowsky, David) Proposed Order to be reviewed by Clerk's Office staff. Modified on 10/25/2018 (ma). |
| Filing 4 MOTION for Allen H. Denson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15804429. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Equitable Acceptance Corporation. (Attachments: #1 Affidavit of Allen Denson, #2 Exhibit A to Declaration of Allen Denson, #3 Text of Proposed Order, #4 Supplement)(Libowsky, David) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Equitable Acceptance Corporation.(Libowsky, David) |
| Filing 2 NOTICE OF APPEARANCE by David J. Libowsky on behalf of Equitable Acceptance Corporation. (Libowsky, David) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 451873-2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-15803355).Document filed by Equitable Acceptance Corporation. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal, #3 Exhibit C to Notice of Removal, #4 Exhibit D to Notice of Removal, #5 Exhibit E to Notice of Removal, #6 Exhibit F to Notice of Removal)(Libowsky, David) Modified on 10/25/2018 (pne). |
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