Haber v. EOS CCA
| David Martin Haber |
| EOS CCA and Collecto, Inc. d/b/a EOS CCA |
| 1:2020cv06637 |
| August 19, 2020 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Alison J Nathan |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| None |
Docket Report
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This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.
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Filing 21
ORDER withdrawing #5 Motion for More Definite Statement. The October 14, 2020 R&R is VACATED. Plaintiff's remand motion is deemed WITHDRAWN. Plaintiff is directed to file a Second Amended Complaint, in compliance with Fed. R.Civ. P. 8 and other federal pleading standards, no later than November 12, 2020. In light of the Amended Complaint and the forthcoming Second Amended Complaint, defendant's motion for a more definite statement (Dkt. No. 5) is deemed WITHDRAWN. If plaintiff fails to timely file a Second Amended Complaint, defendant may renew its Rule 12(e) motion, or otherwise respond to plaintiff's Amended Complaint, on or before November 19, 2020. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 10/15/2020) (cf)
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Set/Reset Deadlines: Amended Pleadings due by 11/12/2020. Motions due by 11/19/2020. (cf)
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Filing 19
Vacated as per Judge's Order dated 10/15/2020, Doc. # 21 REPORT AND RECOMMENDATION TO THE HONORABLE ALISON J. NATHAN re: #5 MOTION for More Definite Statement Notice of Motion for a More Definite Statement filed by EOS CCA. Because no federal question is presented on the face of plaintiff's Complaint, defendant has failed to establish that this case "is properly in federal court." MBIA, 706 F. Supp. 2d at 386. Moreover, any doubts created by the lack of detail in the Complaint must be resolved "against removability." Lupo, 28 F.3d at 274. I therefore recommend, respectfully, that plaintiff's motion be GRANTED and that this action be REMANDED to the State Court. Given that plaintiff incurred no attorneys' fees in preparing his Opposition, I further recommend that no discretionary award of fees or costs be made pursuant to 1447(c). Chambers will mail a copy of this Report and Recommendation to plaintiff Haber. (As further set forth in this Order.) Objections to R&R due by 10/28/2020 (Signed by Magistrate Judge Barbara C. Moses on 10/14/2020) (cf) (Main Document 19 replaced on 10/14/2020) (cf). Modified on 10/14/2020 (cf). Modified on 10/15/2020 (cf).
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Mailed a copy of #19 Report and Recommendations,,,, to David Martin Haber at 250 West 50th Street New York, NY 10019..(Snell, Kevin)
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Filing 20
AMENDED COMPLAINT against Collecto, Inc. Document filed by David Martin Haber.(sc)
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Filing 18
AMENDED 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 for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motion: Plaintiff's Motion to Remand and Defendant's 12(e) Motion for a More Definite Statement. Referred to Magistrate Judge Barbara C. Moses. Motions referred to Barbara C. Moses. (Signed by Judge Alison J. Nathan on 10/4/2020) (rjm)
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MOTIONS REFERRED: #5 MOTION for More Definite Statement Notice of Motion for a More Definite Statement. Motions referred to Barbara C. Moses. (rjm)
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Filing 17
AMENDED ORDER OF REFERENCE TO A 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). Particular Motion: 12(e) Motion for a more definitive statement. Referred to Magistrate Judge Barbara C. Moses. Motions referred to Barbara C. Moses. (Signed by Judge Alison J. Nathan on 9/29/2020) (kv)
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Filing 16
DEMAND FOR TRIAL BY JURY. Document filed by David Martin Haber. (sc)
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Filing 15
CERTIFICATE OF SERVICE of Reply to Plaintiff's response in opposition to Motion for more Definite Statement served on David Martin Haber on 9/28/2020. Service was made by FEDEX. Document filed by EOS CCA..(Quinn, Lori)
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Filing 14
REPLY to Response to Motion re: #5 MOTION for More Definite Statement Notice of Motion for a More Definite Statement. . Document filed by EOS CCA. (Attachments: #1 Exhibit Plaintiffs 9/17/2020 letter to the court, #2 Exhibit Exemplar of Plaintiffs Complaint filed in an unrelated matter).(Quinn, Lori)
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Filing 13
LETTER addressed to Judge Alison J. Nathan from David Haber, re: I do not have the privilege of an attorney to represent my interest nor to advise me as to the rules and regulations of the Federal Court, and how the system works. Document filed by David Martin Haber.(sc)
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Filing 12
RESPONSE re: #9 Affirmation in Opposition . Document filed by EOS CCA..(Quinn, Lori)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Lori Jean Quinn to RE-FILE Document #11 MOTION to Remand EOS CCA'S RESPONSE TO PLAINTIFF'S OPPOSITION (AFFIRMATION) TO NOTICE OF MOTION TO MOVE CASE TO U.S. DISTRICT COURT (DOCKET ENTRY 9). Use the event type Response (non-motion) found under the event list Other Answers, then link to #9 Opposition. (db)
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Filing 11
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Remand EOS CCA'S RESPONSE TO PLAINTIFF'S OPPOSITION (AFFIRMATION) TO NOTICE OF MOTION TO MOVE CASE TO U.S. DISTRICT COURT (DOCKET ENTRY 9). Document filed by EOS CCA..(Quinn, Lori) Modified on 9/9/2020 (db).
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Filing 10
CERTIFICATE OF SERVICE of 9/2/2020 Court Order served on David Martin Haber on 9/2/2020. Service was made by Fedex. Document filed by EOS CCA. (Attachments: #1 Exhibit Court order 9/2/2020, #2 Exhibit Letter to Pro Se Plaintiff).(Quinn, Lori)
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Filing 9
OPPOSITION(Affirmation) TO NOTICE OF MOTION TO MOVE CASE TO U.S. DISTRICT COURT. Document filed by David Martin Haber. (sc)
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Filing 8
ORDER OF REFERENCE TO A 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). Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. Motions referred to Barbara C. Moses. (Signed by Judge Alison J. Nathan on 9/02/2020) (ama)
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Filing 7
ORDER: On August 19, 2020, Defendant removed this action from New York Supreme Court. Dkt. No. 1. Shortly thereafter, Defendant filed a motion for a more definite statement under Federal Rule of Civil Procedure 12(e). Dkt. No. 5. If Plaintiff wishes to file an opposition brief, he must do so no later than September 24, 2020. Defendant may then file a reply no later than October 2, 2020. Defendant is further directed to serve a copy of this Order on Plaintiff and file an affidavit of service after doing so on the docket. SO ORDERED., ( Responses due by 9/24/2020, Replies due by 10/2/2020.) (Signed by Judge Alison J. Nathan on 8/31/2020) (ama)
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Filing 6
MEMORANDUM OF LAW in Support re: #5 MOTION for More Definite Statement Notice of Motion for a More Definite Statement. . Document filed by EOS CCA. (Attachments: #1 Exhibit A - Removal to Federal Court with State Court Summons & Endorsed Complaint).(Quinn, Lori)
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Filing 5
MOTION for More Definite Statement Notice of Motion for a More Definite Statement. Document filed by EOS CCA..(Quinn, Lori)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lori Jean Quinn. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj)
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Magistrate Judge Barbara C. Moses 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. (sj)
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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..(sj)
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Case Designated ECF. (sj)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EOS CCA..(Quinn, Lori)
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Filing 3
CERTIFICATE OF SERVICE of Petition for removal of Civil Action served on David Martin Haber on August 19, 2020. Service was made by Mail. Document filed by EOS CCA..(Quinn, Lori)
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Filing 2
CIVIL COVER SHEET filed..(Quinn, Lori)
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Filing 1
NOTICE OF REMOVAL from Civil Court, County of New York. Case Number: cv-006704-20/NY. (Filing Fee $ 400.00, Receipt Number ANYSDC-21229439).Document filed by EOS CCA. (Attachments: #1 Exhibit NY County complaint- Haber v. EOS CCA).(Quinn, Lori)
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