McNeil, Jr. v. Merrick Bank et al
| Paul McNeil, Jr. |
| Equifax Information Services, LLC and Merrick Bank |
| 1:2019cv11425 |
| December 13, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Consumer Credit |
| 15 U.S.C. ยง 1681 |
| None |
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Filing 12
ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 6.A of the Court's Individual Practices and (2)a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/09/2020) (ama)
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| Filing 11 NOTICE of Settlement as to all Remaining Parties. Document filed by Paul McNeil, Jr.. (Russo, Patrick) |
| Filing 10 NOTICE OF APPEARANCE by Boris Brownstein on behalf of Equifax Information Services, LLC. (Brownstein, Boris) |
| Filing 9 ANSWER to Complaint. Document filed by Merrick Bank.(Gibson, Michael) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cardworks, Inc. for Merrick Bank. Document filed by Merrick Bank.(Gibson, Michael) |
| Filing 7 NOTICE OF APPEARANCE by Patrick Paul Russo on behalf of Paul McNeil, Jr.. (Russo, Patrick) |
| Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/31/2020 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/17/2019) (va) |
| Filing 5 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 33877/2019E..Document filed by Merrick Bank. (Attachments: #1 Exhibit A- Summons and Complaint filed in state court)(Gibson, Michael) |
| Filing 4 AFFIDAVIT OF SERVICE of Notice of Filing Notice of Removal served on Paul McNeil, Jr. and Equifax Information Services, LLC on December 13, 2019. Service was made by Federal Express. Document filed by Merrick Bank. (Gibson, Michael) |
| 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Hugh Gibson to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): pursuant to Rule 13.3, exhibits must be filed as separate attachments to pleading and labeled (i.e. Summons and Complaint). 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. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Hugh Gibson. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cardworks, Inc. for Merrick Bank. Document filed by Merrick Bank.(Gibson, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (Gibson, Michael) |
| Filing 1 FILING ERROR - EXHIBIT ERROR - NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 33877/2019E..Document filed by Merrick Bank.(Gibson, Michael) Modified on 12/16/2019 (jgo). |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Notice of Removal. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-18276310, paid on 12/13/2019. (pne) |
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