Santana v. Cavalry Portfolio Services, LLC

Justia Dockets & Filings Second Circuit New York Southern District Santana v. Cavalry Portfolio Services, LLC

Santana v. Cavalry Portfolio Services, LLC

Case Number:	1:2019cv03773
Filed:	November 19, 2019
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Nature of Suit:	Consumer Credit
Cause of Action:	15 U.S.C. § 1692 Fair Debt Collection Act

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Date Filed	Document Text
December 11, 2019	Filing 27 ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, Dkt. 26, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen file d thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same th irty-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Paul A. Engelmayer on 12/11/2019) (mro)
November 19, 2019	Filing 25 OPINION & ORDER re: 13 MOTION to Dismiss Plaintiff's Complaint: For the foregoing reasons, the Court grants Cavalry's motion insofar as it seeks a stay of litigation as an alternative form of relief. The Court denies Cavalry� 39;s motion insofar as it seeks outright dismissal of Santana's complaint. The Court directs the parties to submit a joint letter updating the Court as to the status of the Wallace Action in 60 days, and every 60 days thereafter. The Court furth er directs the parties to submit a joint status letter within 10 days of resolution of any class certification motion or any settlement in Wallace. The Clerk of Court is respectfully directed to terminate the motion pending at docket 13 and to stay this case. (Signed by Judge Paul A. Engelmayer on 11/19/2019) (jwh)

Date Filed

Document Text

December 11, 2019

Filing 27 ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, Dkt. 26, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen file d thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same th irty-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Paul A. Engelmayer on 12/11/2019) (mro)

November 19, 2019

Filing 25 OPINION & ORDER re: 13 MOTION to Dismiss Plaintiff's Complaint: For the foregoing reasons, the Court grants Cavalry's motion insofar as it seeks a stay of litigation as an alternative form of relief. The Court denies Cavalry� 39;s motion insofar as it seeks outright dismissal of Santana's complaint. The Court directs the parties to submit a joint letter updating the Court as to the status of the Wallace Action in 60 days, and every 60 days thereafter. The Court furth er directs the parties to submit a joint status letter within 10 days of resolution of any class certification motion or any settlement in Wallace. The Clerk of Court is respectfully directed to terminate the motion pending at docket 13 and to stay this case. (Signed by Judge Paul A. Engelmayer on 11/19/2019) (jwh)

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