Augustin v. ALS Resolvion, LLC et al
| Frantz Augustin |
| ALS Resolvion, LLC, All About Automotive II, Inc. and Credit Acceptance Corporation |
| 1:2021cv07068 |
| August 20, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 20 SUMMONS RETURNED EXECUTED. ALS Resolvion, LLC served on 9/29/2021, answer due 10/20/2021. Service was accepted by Alisha Smith, Process Specialist. Document filed by Frantz Augustin..(Caterine, Emma) |
| Filing 19 ELECTRONIC AMENDED SUMMONS ISSUED as to ALS Resolvion, LLC..(jgo) |
| Filing 18 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to ALS Resolvion, LLC, re: #1 Complaint,,,. Document filed by Frantz Augustin..(Caterine, Emma) |
| Filing 17 SUMMONS RETURNED EXECUTED. Credit Acceptance Corporation served on 9/22/2021, answer due 10/13/2021. Service was accepted by Nancy Dougherty. Document filed by Frantz Augustin..(Caterine, Emma) |
| Filing 16 SUMMONS RETURNED EXECUTED. All About Automotive II, Inc. served on 9/22/2021, answer due 10/13/2021. Service was accepted by Nancy Dougherty. Document filed by Frantz Augustin..(Caterine, Emma) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Credit Acceptance Corporation. (sj) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to All About Automotive II, Inc.. (sj) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to ALS Resolvion, LLC. (sj) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Credit Acceptance Corporation, re: #1 Complaint,,,. Document filed by Frantz Augustin..(Keshavarz, Ahmad) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to All About Automotive II, Inc., re: #1 Complaint,,,. Document filed by Frantz Augustin..(Keshavarz, Ahmad) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to ALS Resolvion, LLC, re: #1 Complaint,,,. Document filed by Frantz Augustin..(Keshavarz, Ahmad) |
| Filing 9 CIVIL COVER SHEET filed..(Keshavarz, Ahmad) |
Filing 8
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by November 8, 2021, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 9/7/2021) (kv)
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Filing 7
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 9/7/2021) (kv)
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Filing 6
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 9/7/2021) (kv)
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| Filing 5 BRIEF re: #4 Order to Show Cause,, . Document filed by Frantz Augustin..(Keshavarz, Ahmad) |
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Filing 4
ORDER TO SHOW CAUSE: Accordingly, Plaintiff shall show cause in writing, by September 1, 2021, why this action should not be transferred. If Plaintiff fails to respond within the time allowed, or fails to show that venue is proper in the Southern District of New York and that the action should not be transferred in the interest of justice, the Court shall transfer this case to the United States District Court for the Eastern District of New York. SO ORDERED. (Signed by Judge Analisa Torres on 8/24/2021) (vfr)
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| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Caterine, Emma) Modified on 8/23/2021 (vf). |
| Filing 2 NOTICE OF APPEARANCE by Emma Caterine on behalf of Frantz Augustin..(Caterine, Emma) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ahmad Keshavarz. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Queens. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ahmad Keshavarz to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(vf) |
| Magistrate Judge Debra C. Freeman 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. (vf) |
| Filing 1 COMPLAINT against ALS Resolvion, LLC, All About Automotive II, Inc., Credit Acceptance Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-24964902)Document filed by Frantz Augustin. (Attachments: #1 Exhibit A - NY DMV Abstract of Title Record, #2 Exhibit B - Police Repossession Form, #3 Exhibit C - Email of Title, #4 Exhibit D - Auction Release, #5 Exhibit E - January 19 Letter to Auto II, #6 Exhibit F - January 19 Letter to ALS, #7 Exhibit G - January 20 Letter to Auto II, #8 Exhibit H - February 24 Email to ALS, #9 Exhibit I - February 24 Email to Auto II, #10 Exhibit J - April 28 Letter to ALS, #11 Exhibit K - April 28 Letter to Auto II, #12 Exhibit L - April 28 Letter to Credit Acceptance, #13 Exhibit M - April 28 Letter to Manheim, #14 Exhibit N - Auto II Case, #15 Exhibit O - Auto II license status, #16 Exhibit P - Google Search Results first page, #17 Exhibit Q - Auto II Restitution Form).(Keshavarz, Ahmad) |
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