Pierce v. Contract Callers, Inc. et al
| Anthony Pierce |
| Diverse Funding Associates, LLC and Contract Callers, Inc. |
| 1:2021cv05680 |
| June 30, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 3, 2021. A more recent docket listing may be available from PACER.
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| Filing 18 FIRST AMENDED COMPLAINT amending #1 Complaint against Contract Callers, Inc., Diverse Funding Associates, LLC with JURY DEMAND.Document filed by Anthony Pierce. Related document: #1 Complaint..(Saland, Tamir) |
Filing 17
ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by August 17, 2021. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendants file a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by August 17, 2021. Defendants' reply, if any, shall be filed by August 24, 2021. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for October 7, 2021 is adjourned sine die. So Ordered. (Amended Pleadings due by 8/17/2021., Responses due by 8/17/2021, Replies due by 8/24/2021.) (Signed by Judge Jesse M. Furman on 7/28/2021) (js)
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Filing 16
ORDER granting #15 Letter Motion to Adjourn Conference. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 15. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/28/2021) (ate)
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| Filing 15 LETTER MOTION to Adjourn Conference Re: Relief from Early Mediation Requirements addressed to Judge Jesse M. Furman from Adam M. Marshall dated July 27, 2021. Document filed by Contract Callers, Inc., Diverse Funding Associates, LLC..(Marshall, Adam) |
| Filing 14 MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss Complaint for Failure to State a Claim. . Document filed by Contract Callers, Inc., Diverse Funding Associates, LLC..(Marshall, Adam) |
| Filing 13 DECLARATION of Adam M. Marshall in Support re: #12 MOTION to Dismiss Complaint for Failure to State a Claim.. Document filed by Contract Callers, Inc., Diverse Funding Associates, LLC. (Attachments: #1 Exhibit 1: Complaint).(Marshall, Adam) |
| Filing 12 MOTION to Dismiss Complaint for Failure to State a Claim. Document filed by Contract Callers, Inc., Diverse Funding Associates, LLC..(Marshall, Adam) |
| Filing 11 NOTICE OF APPEARANCE by Adam Matthew Marshall on behalf of Contract Callers, Inc., Diverse Funding Associates, LLC..(Marshall, Adam) |
| Filing 10 SUMMONS RETURNED EXECUTED. Diverse Funding Associates, LLC served on 7/6/2021, answer due 7/27/2021. Document filed by Anthony Pierce..(Saland, Tamir) |
| Filing 9 SUMMONS RETURNED EXECUTED. Contract Callers, Inc. served on 7/6/2021, answer due 7/27/2021. Document filed by Anthony Pierce..(Saland, Tamir) |
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Filing 8
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: This case has been assigned to this Court for all purposes. In the Court's experience, cases of this nature often benefit from early mediation. To that end, by separate Order to be entered today, the Court is referring this case to the Court-annexed Mediation Program. Unless and until the Court orders otherwise, the parties shall schedule a mediation to take place no later than two weeks before the initial pretrial conference scheduled below. Further, if the parties believe that there is need for limited discovery to facilitate the mediation, they shall confer with respect to the scope of such discovery and promptly raise any disputes with the Court in accordance with its Individual Rules and Practices in Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman). If the parties believe that early mediation would not be appropriate in this case, they shall file a letter motion seeking relief from the foregoing requirements no later than the deadline to answer. Additionally, if the parties believe that additional time is needed for the mediation process contemplated by this Order (for example, because of a delay in service on, or the appearance of, a defendant or because the Court-annexed Mediation Program is unavailable to hold a mediation before the initial pretrial conference scheduled below), the parties may file a letter motion with this Court seeking an appropriate extension of the deadlines herein or a reasonable adjournment of the initial pretrial conference. Separate and apart from the foregoing, it is hereby ORDERED that counsel for all parties shall appear for an initial pretrial conference with the Court on October 7, 2021, at 4:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. ( As further set forth in this Order.) Initial Conference set for 10/7/2021 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 7/1/2021) (vfr)
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Filing 7
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation should take place at least two weeks prior to the Initial Pretrial Conference, which is currently scheduled (by separate Order to be entered today) for October 7, 2021. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 7/12/2021. (Signed by Judge Jesse M. Furman on 7/1/2021) (vfr)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Contract Callers, Inc...(pc) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Diverse Funding Associates, LLC..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tamir Saland. The party information for the following party/parties has been modified: Anthony Pierce. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(pc) |
| Magistrate Judge Stewart D. Aaron 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 CIVIL COVER SHEET filed..(Saland, Tamir) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Diverse Funding Associates, LLC, re: #1 Complaint. Document filed by Anthony Pierce..(Saland, Tamir) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Contract Callers, Inc., re: #1 Complaint. Document filed by Anthony Pierce..(Saland, Tamir) |
| Filing 1 COMPLAINT against Contract Callers, Inc., Diverse Funding Associates, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24740096)Document filed by Anthony Pierce. (Attachments: #1 Exhibit A).(Saland, Tamir) |
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