Tirkot v. Cavalry SPV I, LLC et al
| William H Tirkot |
| Cavalry Portfolio Services, LLC, Cavalry SPV I, LLC and John Doe 1-10 |
| 1:2019cv10456 |
| November 11, 2019 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| None |
Docket Report
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This docket was last retrieved on December 26, 2019. A more recent docket listing may be available from PACER.
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Filing 16
STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): Pursuant to F.R.C.P. 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, by and between Plaintiff, WILLIAM H. TlRKOT, and Defendants, CAVALRY SPY I, LLC and CAVALRY PORTFOLIO SERVICES, LLC, through their respective counsel of record, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action, that the above entitled action be, and the same hereby is discontinued with prejudice as against Defendants, without costs or fees to any party as against any other party. SO ORDERED., (Cavalry Portfolio Services, LLC and Cavalry SPV I, LLC terminated.) (Signed by Judge Analisa Torres on 12/26/19) (yv)
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| Filing 15 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Cavalry Portfolio Services, LLC, Cavalry SPV I, LLC, John Doe 1-10 and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by William H Tirkot. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Goldenberg, Simon) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #15 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a closed case. (km) |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Cavalry Portfolio Services, LLC, Cavalry SPV I, LLC, John Doe 1-10 and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by William H Tirkot. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Goldenberg, Simon) Modified on 12/20/2019 (dt). Modified on 12/20/2019 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Simon Goldenberg. RE-FILE Document No. #14 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (Signatures) by the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (dt) |
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Filing 13
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled in principle, ECF No. 12, it is ORDERED that the above-entitled action be and 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. Any application to reopen must be filed within thirty days of this Order; any application to reopen filed 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 thirty-day period to be so-ordered by the Court. Per Rule IV(C) of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. (Signed by Judge Analisa Torres on 12/9/2019) (mro)
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| Filing 12 NOTICE of Settlement . Document filed by William H Tirkot. (Goldenberg, Simon) |
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Filing 11
ORDER: Having reviewed the parties' letters dated November 18 and December 3, 2019, ECF Nos. 8 and 10, it is hereby ORDERED that: 1. By December 27, 2019, Defendants Cavalry SPV I, LLC, and Cavalry Portfolio Services, LLC, shall file their motion to compel arbitration; 2. By January 17, 2020, Plaintiff shall file his opposition; and 3. By January 31, 2020, Defendants shall file their reply, if any. SO ORDERED. (Signed by Judge Analisa Torres on 12/6/2019) ( Motions due by 12/27/2019., Responses due by 1/17/2020, Replies due by 1/31/2020.) (ks)
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| Filing 10 LETTER addressed to Judge Analisa Torres from Simon Goldenberg, Esq. dated December 3, 2019 re: Response to Defendants request for pre-motion conference to compel arbitration. Document filed by William H Tirkot.(Goldenberg, Simon) |
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Filing 9
ORDER: On November 18, 2019, Defendants submitted a request for a pre-motion conference arguing that Plaintiff's dispute is subject to binding arbitration. ECF No. 8. It is hereby ORDERED that Plaintiff shall file a letter response, not to exceed four pages, by December 3, 2019. (Signed by Judge Analisa Torres on 11/26/2019) (mro)
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| Filing 8 LETTER addressed to Judge Analisa Torres from Thomas R. Dominczyk dated November 18, 2019 re: Request for Pre-Motion Conference. Document filed by Cavalry Portfolio Services, LLC, Cavalry SPV I, LLC. (Attachments: #1 Exhibit Cardmember Agreement)(Dominczyk, Thomas) |
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Filing 7
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 12/18/2019 at 03:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 11/13/2019) (cf)
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Filing 6
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 11/13/2019) (cf)
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| Filing 5 NOTICE OF APPEARANCE by Simon Goldenberg on behalf of William H Tirkot. (Goldenberg, Simon) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas Robert Dominczyk. The party information for the following party/parties has been modified: William H Tirkot. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas Robert Dominczyk re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add party 'John Doe 1-10'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (dnh) |
| Magistrate Judge James L. Cott 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. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (dnh) |
| Case Designated ECF. (dnh) |
| ADD PARTY FOR PLEADING. Defendants/Respondents John Doe 1-10 added. Party added pursuant to #1 Notice of Removal,.Document filed by John Doe 1-10. Related document: #1 Notice of Removal,.(Dominczyk, Thomas) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cavalry SPV I, LLC.(Dominczyk, Thomas) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cavalry Portfolio Services, LLC.(Dominczyk, Thomas) |
| Filing 2 CIVIL COVER SHEET filed. (Dominczyk, Thomas) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 159779/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-18028397).Document filed by Cavalry Portfolio Services, LLC, Cavalry SPV I, LLC. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Notice to State Court, #3 Proof of Service)(Dominczyk, Thomas) |
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