Torres v. Bay Area Credit Services et al
| Emmanuel Torres |
| Bay Area Credit Services and American Medical Response |
| 1:2020cv09342 |
| November 6, 2020 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| None |
Docket Report
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This docket was last retrieved on February 5, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF EMMANUEL TORRES MOTION FOR SUMMARY REMAND PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(H). Document filed by Emmanuel Torres. (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6).(rj) |
| Filing 26 MEMORANDUM OF POINTS AND AUTHORITIES. Document filed by Emmanuel Torres..(rj) |
| Filing 25 PLAINTIFF'S AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY REMAND. Document filed by Emmanuel Torres.(rj) |
| Filing 24 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR JUDICIAL NOTICE OF DOCUMENTS AND FACTS IN SUPPORT OF RENEWED re: #23 NOTICE OF MOTION FOR ORDER GRANTING SUMMARY REMAND. Document filed by Emmanuel Torres..(rj) |
| Filing 23 NOTICE OF MOTION FOR ORDER GRANTING SUMMARY JUDGMENT. Document filed by Emmanuel Torres..(rj) (Main Document 23 replaced on 12/29/2020) (rj). |
| Filing 22 AFFIDAVIT OF SERVICE of Defendant Bay Area Credit Services Response Joining Defendant AMRs Response to the Courts November 11, 2020 Order to Show Cause on December 8, 2020. Service was made by Mail. Document filed by Bay Area Credit Services..(Corwin, Matthew) |
| Filing 21 RESPONSE TO ORDER TO SHOW CAUSE re: #9 Order to Show Cause,,,,, Terminate Motions,,,,. Document filed by Bay Area Credit Services. (Attachments: #1 Plaintiff's Application to Have Case Related and Transferred to Judge Engelmayer).(Corwin, Matthew) |
| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re: #9 Order to Show Cause,,,,, Terminate Motions,,,,. Document filed by American Medical Response..(Easley, Aaron) |
| Filing 19 AFFIDAVIT OF SERVICE of Second Order of the Honorable Judge Andrew L. Carter, Jr. dated November 18, 2020 served on Emmanuel Torres on November 23, 2020. Service was made by Mail. Document filed by Bay Area Credit Services..(Corwin, Matthew) |
| Filing 18 CERTIFICATE OF SERVICE of copy of the Orders, Dkt. 9, 14, and 16 served on Emmanuel Torres on November 19, 2020. Service was made by Mail. Document filed by American Medical Response..(Easley, Aaron) |
| Filing 17 AFFIDAVIT OF SERVICE of Order of the Honorable Judge Andrew L. Carter, Jr. dated November 18, 2020 served on Emmanuel Torres on November 18, 2020. Service was made by Mail. Document filed by Bay Area Credit Services..(Corwin, Matthew) |
Filing 16
ORDER re: #9 Order to Show Cause: This Order amends two prior orders of the Court issued on November 16, 2020, ECF No. 9, and November 18, 2020, ECF No. 14. These orders indicate that Plaintiff may make a response to the Court's Order to Show Cause, ECF No. 9, by January 4, 2020. However, Plaintiff may respond to the Court's Order to Show Cause by January 4, 2021. Defendants are ORDERED to serve this Order on Plaintiff, and file proof of service, by November 25, 2020. The Clerk of Court is respectfully directed to re-set Plaintiff's deadline to respond to the Court's Order to Show Cause, ECF No. 9, to January 4, 2021. (Show Cause Response due by 1/4/2021.) (Signed by Judge Andrew L. Carter, Jr on 11/18/2020) (jwh)
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| Filing 15 AFFIDAVIT OF SERVICE of Order to Show Cause served on Emmanuel Torres on November 18, 2020. Service was made by Mail. Document filed by Bay Area Credit Services..(Corwin, Matthew) |
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Filing 14
ORDER denying #10 Motion to Remand. On November 16, 2020, Plaintiff filed a motion to remand. ECF No. 10. Because the Court has already issued an Order to Show Cause why this case should not be remanded for lack of subject matter jurisdiction, Plaintiff's motion to remand is DENIED without prejudice. The Court reminds the Plaintiff that he may respond to the Defendants' response to the Order to Show Cause by January 4, 2020. Defendants are ORDERED to serve this Order on Plaintiff, and file proof of service, by November 25, 2020. The Clerk of Court is respectfully directed to close ECF No. 10. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 11/18/2020) (js)
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| Filing 13 AFFIDAVIT OF SERVICE of Notice of Motion served on Aaron R. Easley, Conception A. Montoya and Matthew Blake Corwin on 11/13/2020. Service was made by Mail. Document filed by Emmanuel Torres..(rj) |
| Filing 12 MEMORANDUM OF POINTS AND AUTHORITIES. Document filed by Emmanuel Torres..(rj) |
| Filing 11 PLAINTIFF AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY REMAND re: #10 MOTION to Remand. Document filed by Emmanuel Torres..(rj) |
| Filing 10 NOTICE OF MOTION. Document filed by Emmanuel Torres..(rj) |
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Filing 9
ORDER TO SHOW CAUSE: Therefore, it is hereby ORDERED, that Defendants must, no later than December 7, 2020, show cause in writing as to why this case should not be remanded for lack of subject matter jurisdiction. Plaintiff may make any response by January 4, 2020. Defendants' letter motions for pre-motion conference, ECF Nos. 7 and 8, are denied without prejudice. The Clerk of Court is respectfully directed to close ECF Nos. 7 and 8. Defendants are ORDERED to serve this Order on Plaintiff, and file proof of service, by November 23, 2020. Motions terminated: #8 LETTER MOTION for Conference to file a Motion to Dismiss Plaintiff's Complaint addressed to Judge Andrew L. Carter, Jr. from Matthew B. Corwin dated November 13, 2020. filed by Bay Area Credit Services, #7 LETTER MOTION for Conference to file a Motion to Dismiss Plaintiffs Complaint on Res Judicata and Collateral Estoppel grounds. addressed to Judge Andrew L. Carter, Jr. from Aaron R. Easley, Esq. dated November 13, 2020. filed by American Medical Response. (Signed by Judge Andrew L. Carter, Jr on 11/16/2020) (js)
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| Filing 8 LETTER MOTION for Conference to file a Motion to Dismiss Plaintiff's Complaint addressed to Judge Andrew L. Carter, Jr. from Matthew B. Corwin dated November 13, 2020. Document filed by Bay Area Credit Services..(Corwin, Matthew) |
| Filing 7 LETTER MOTION for Conference to file a Motion to Dismiss Plaintiffs Complaint on Res Judicata and Collateral Estoppel grounds. addressed to Judge Andrew L. Carter, Jr. from Aaron R. Easley, Esq. dated November 13, 2020. Document filed by American Medical Response..(Easley, Aaron) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DFG2, LLC for Bay Area Credit Services. Document filed by Bay Area Credit Services..(Corwin, Matthew) |
| Filing 4 NOTICE OF APPEARANCE by Matthew Blake Corwin, Esq on behalf of Bay Area Credit Services..(Corwin, Matthew) |
| Filing 3 NOTICE OF APPEARANCE by Concepcion A. Montoya on behalf of Bay Area Credit Services..(Montoya, Concepcion) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Aaron R. Easley. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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) |
| Case Designated ECF. (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 2 CIVIL COVER SHEET filed..(Easley, Aaron) |
| Filing 1 NOTICE OF REMOVAL from Civil Court of the City of New York Bronx County, County of Bronx. Case Number: CV-11448-2020/BX. (Filing Fee $ 400.00, Receipt Number ANYSDC-22476886).Document filed by American Medical Response. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Bronx County Notice of Filing Notice of Removal).(Easley, Aaron) |
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