Haber v. Credit One Bank, National Association
| David Martin Haber |
| Credit One Bank, National Association and Credit Sesame |
| 1:2019cv11105 |
| December 4, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Gabriel W Gorenstein |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 14 NOTICE OF APPEARANCE by John Patrick Kennedy on behalf of Credit One Bank, National Association. (Kennedy, John) |
| Filing 15 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint served. Credit Sesame, served on 1/23/2020, answer due 3/23/2020. Service was made by Mail, signed and returned by Melody Makhfi, Attorney. Document filed by David Martin Haber. (sc) |
| Filing 13 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Credit One Bank, National Association, served on 1/13/2020, answer due 3/13/2020. Service was made by Mail, signed and returned by Barbara Hoerner, VP. Document filed by David Martin Haber. (sc) |
Filing 12
INFORMATION PACKAGE MAILED to David Martin Haber 250 West 50th Street 6M New York, NY 10019, at, on 1/6/2020 Re: #11 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (nb)
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| SUMMONS ISSUED as to Credit One Bank, National Association, Credit Sesame. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/6/2020 Re: Judge Valerie E. Caproni #11 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Credit One Bank, National Association and Credit Sesame. (nb) |
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Filing 11
ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court further directs the Clerk of Court to issue summonses for Defendants Credit Sesame and Credit One, complete USM-285 forms with the service addresses those defendants,and deliver all documents necessary to effect service on those defendants to the U.S. Marshals Service. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/03/2020) (ama) Transmission to Pro Se Assistants for processing.
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Filing 10
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/3/2020) (jca)
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| Magistrate Judge Gabriel W. Gorenstein 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (wb) |
| Filing 8 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:19-cv-03784. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 7
TRANSFER ORDER: For the reasons set forth in the attached transfer order, in the interest of justice, the Clerk of Court is hereby directed to transfer this action to the United States District Court for the Southern District of New York. 28 U.S.C. 112(b); 1406(a). Summonses shall not issue from this Court. The Clerk of Court is directed to mail a copy of this order to the pro se litigant and mark this case closed. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 269 U.S. 438, 444-45 (1962). Ordered by Judge LaShann DeArcy Hall on 11/21/2019. (Valderrama, Freddie) [Transferred from New York Eastern on 12/4/2019.]
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| Filing 6 AMENDED COMPLAINT against Credit One Bank, National Association, Credit Sesame, filed by David Martin Haber. (Herrera, Isaiah) (Main Document 6 replaced on 10/22/2019) (Herrera, Isaiah). [Transferred from New York Eastern on 12/4/2019.] |
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ORDER: Pro se Plaintiff's September 16, 2019 letter motion #5 for an extension of time to file an amended complaint is GRANTED. Plaintiff shall file his amended complaint by October 21. Failure to do so will result in dismissal of this action for failure to prosecute. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se litigant. Ordered by Judge LaShann DeArcy Hall on 9/18/2019. (Valderrama, Freddie) [Transferred from New York Eastern on 12/4/2019.]
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| Filing 5 Letter MOTION for Extension of Time to Amend #1 Complaint by David Martin Haber. (Ramesar, Thameera) [Transferred from New York Eastern on 12/4/2019.] |
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Filing 4
MEMORANDUM AND ORDER: For the reasons set forth in the attached memorandum and order, Plaintiff's motion #2 for leave to proceed in forma pauperis is GRANTED for the purpose of this order, and the complaint is dismissed in its entirety for failure to state a plausible claim for relief. 28 U.S.C. 1915(e)(2)(B)(ii). In light of his pro se status, Plaintiff is granted leave to file an amended complaint within 30 days from the entry of this memorandum and order. Cruz v. Gomez, 202 F.3d 593 (2d Cir. 2000). The amended complaint must be captioned "Amended Complaint" and bear the same docket number as this memorandum and order. Failure to file an amended complaint with 30 days, as directed by this memorandum and order, will result in dismissal of Plaintiffs case for failure to prosecute. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge LaShann DeArcy Hall on 8/22/2019. (Valderrama, Freddie) [Transferred from New York Eastern on 12/4/2019.]
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| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica) [Transferred from New York Eastern on 12/4/2019.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by David Martin Haber. (Williams, Erica) [Transferred from New York Eastern on 12/4/2019.] |
| Filing 1 COMPLAINT against Credit One Bank, National Association, filed by David Martin Haber. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) [Transferred from New York Eastern on 12/4/2019.] |
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