Joseph v. Resurgent Capital Services, LP et al
Plaintiff: Marlon Joseph
Defendant: Resurgent Capital Services, LP and LVNV Funding, LLC
Case Number: 1:2021cv05984
Filed: July 13, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. ยง 1692
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 1, 2021 Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 9/1/2021: Attorney Abel Luc Pierre representing Plaintiff present. Attorney Peter George Siachos representing Defendants present. The parties' shall either file a joint letter informing the Court that the parties have reached a settlement, or, Defendant's Answer is due by 10/1/2021 if the parties have not reached a settlement by that date. A joint proposed case management plan should also be filed in addition to the Answer. Motion(s) terminated: #9 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Katherine Polk Failla filed by Resurgent Capital Services, LP, LVNV Funding, LLC. (Court Reporter Martha Martin) (tn)
August 27, 2021 Opinion or Order Filing 13 MEMO ENDORSEMENT on re: #12 Response in Opposition to Motion, filed by Marlon Joseph. ENDORSEMENT: The Court is in receipt of Defendants' pre-motion letter, dated August 9, 2021, regarding their anticipated motion to dismiss (Dkt. #9), as well as Plaintiff's letter in opposition, dated August 20, 2021 (Dkt. #12). After reviewing these materials, Defendants' request to convene a conference to discuss their proposed motion is hereby GRANTED. Accordingly, the parties are ORDERED to appear for a telephone conference regarding the motion on September 1, 2021, at 2:00 p.m. The dial-in information is as follows: At 2:00 p.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 2:00 p.m. ( Telephone Conference set for 9/1/2021 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 8/27/2021) (ate)
August 20, 2021 Filing 12 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Abel L. Pierre dated August 20,2021 re: #9 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Katherine Polk Failla. . Document filed by Marlon Joseph..(Pierre, Abel)
August 12, 2021 Opinion or Order Filing 11 MEMO ENDORSEMENT on re: #10 Letter, filed by Marlon Joseph. ENDORSEMENT: Application GRANTED. SO ORDERED. ( Responses due by 8/20/2021) (Signed by Judge Katherine Polk Failla on 8/12/2021) (rro)
August 11, 2021 Filing 10 LETTER addressed to Judge Katherine Polk Failla from Abel L. Pierre, Esq. dated August 11, 2021 re: Request for an extension of time to respond to Defendants Letter Motion for Leave to file Motion to Dismiss [ECF No. 9]. Document filed by Marlon Joseph..(Pierre, Abel)
August 9, 2021 Filing 9 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Katherine Polk Failla. Document filed by LVNV Funding, LLC, Resurgent Capital Services, LP..(Siachos, Peter)
July 30, 2021 Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. LVNV Funding, LLC served on 7/19/2021, answer due 8/9/2021. Service was accepted by Legal Representative of Corporation Service Company. Document filed by Marlon Joseph..(Pierre, Abel)
July 30, 2021 Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. Resurgent Capital Services, LP served on 7/19/2020, answer due 8/9/2020. Service was accepted by Legal Representative of Corporation Service Company. Document filed by Marlon Joseph..(Pierre, Abel)
July 22, 2021 Filing 6 NOTICE OF APPEARANCE by Peter George Siachos on behalf of LVNV Funding, LLC, Resurgent Capital Services, LP..(Siachos, Peter)
July 22, 2021 Filing 5 NOTICE OF APPEARANCE by Kasey Theresa Mahoney on behalf of LVNV Funding, LLC, Resurgent Capital Services, LP..(Mahoney, Kasey)
July 14, 2021 Filing 4 ELECTRONIC SUMMONS ISSUED as to LVNV Funding, LLC, Resurgent Capital Services, LP..(jgo)
July 14, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
July 14, 2021 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)
July 14, 2021 Case Designated ECF. (jgo)
July 13, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Resurgent Capital Services LP and LVNV Funding LLC, re: #1 Complaint. Document filed by Marlon Joseph..(Pierre, Abel)
July 13, 2021 Filing 2 CIVIL COVER SHEET filed..(Pierre, Abel)
July 13, 2021 Filing 1 COMPLAINT against LVNV Funding, LLC, Resurgent Capital Services, LP. (Filing Fee $ 402.00, Receipt Number ANYSDC-24785695)Document filed by Marlon Joseph..(Pierre, Abel)

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Plaintiff: Marlon Joseph
Represented By: Abel Luc Pierre
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Defendant: Resurgent Capital Services, LP
Represented By: Peter George Siachos
Represented By: Kasey Theresa Mahoney
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Defendant: LVNV Funding, LLC
Represented By: Peter George Siachos
Represented By: Kasey Theresa Mahoney
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