Bureau of Consumer Financial Protection v. Sterling Infosystems, Inc.
| Bureau of Consumer Financial Protection |
| Sterling Infosystems, Inc. |
| 1:2019cv10824 |
| November 22, 2019 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Other Statutory Actions |
| 15 U.S.C. ยง 1681 |
| None |
Docket Report
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Filing 7
STIPULATED FINAL JUDGMENT AND ORDER: This Court has jurisdiction over the parties and the subject matter of this action. Defendant neither admits nor denies any allegatjons in the Complaint, except as specified in this Order. For purposes of this Order, Defendant admits the facts necessary to establish the Court's jurisdiction over it and the subject matter of this action. IT IS FURTHER ORDERED that: Within ten (10) days of the Effective Date, Defendant must reserve or deposit into a segregated deposit account $6 million for the purpose of providing redress to Affected Consumers as required by this Section ("Redress Fund"). Within forty-five (45) days of the Effective Date, Defendant must submit to the Enforcement Director for review and non-objection a comprehensive written plan for providing redress to Affected Consumers consistent with this Order ("Redress Plan"). The Enforcement Director will have the discretion to make a determination of non-objection to the Redress Plan or direct Defendant to revise it. If the Enforcement Director directs Defendant to revise the Redress Plan, Defendant must make the revisions and resubmit the Redress Plan to the Enforcement Director within thirty (30) days. After receiving notification that the Enforcement Director has made a determination of non-objection to the Redress Plan, Defendant must implement and adhere to the steps, recommendations, deadlines, and timeframes outlined in the Redress Plan. IT IS FURTHER ORDERED that: Under 1055(c) of the CFPA, 12 U.S.C. 5565(c), by reason of the violations of law alleged in the Complaint, and taking into account the factors in 12 U.S.C. 5565(c)(3), Defendant must pay a civil money penalty of $2.5 million to the Bureau. Within ten (10) days of the Effective Date, Defendant must pay the civil money penalty by wire transfer to the Bureau or to the Bureau's agent in compliance with the Bureau's wiring instructions. In the event of any default on Defendant's obligations to make payment under this Order, interest, computed under 28 U.S.C. 1961, as amended, will accrue on any outstanding amounts not paid from the date of default to the date of payment, and will immediately become due and payable. IT IS FURTHER ORDERED that: The Court will retain jurisdiction of this matter for the purpose of enforcing this Order and further set forth in this Order. (Signed by Judge Alison J. Nathan on 11/26/2019) (rro)
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| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ebony Sunala Johnson. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 1 (U.S. Government Plaintiff);. (jgo) |
| 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo) |
| Magistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Filing 6 PROPOSED STIPULATION AND ORDER. Document filed by Bureau of Consumer Financial Protection. (Johnson, Ebony) |
| Filing 5 MOTION for Ori Lev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18125526. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sterling Infosystems, Inc.. (Attachments: #1 Affidavit of Ori Lev, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Lev, Ori) |
| Filing 4 PROPOSED STIPULATION AND ORDER. Document filed by Bureau of Consumer Financial Protection. (Johnson, Ebony) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ebony Sunala Johnson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bureau of Consumer Financial Protection. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit Certificate of Good Standing, #4 Exhibit Certificate of Good Standing)(Johnson, Ebony) Modified on 11/22/2019 (wb). |
| Filing 2 CIVIL COVER SHEET filed. (Johnson, Ebony) |
| Filing 1 COMPLAINT against Sterling Infosystems, Inc.. Document filed by Bureau of Consumer Financial Protection.(Johnson, Ebony) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Ori Lev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18125526. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #3 MOTION for Ebony Sunala Johnson 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 Supreme Court of Virginia; the filing fee was not paid;. 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. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (wb) |
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| Defendant: Sterling Infosystems, Inc. | |
| Represented By: | Ori Lev |
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| Plaintiff: Bureau of Consumer Financial Protection | |
| Represented By: | Ebony Sunala Johnson |
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