Owoyemi v. Credit Corp Solutions Inc.
| Nicholas A. Owoyemi |
| Credit Corp Solutions Inc. doing business as Tasman Credit |
| 1:2021cv08021 |
| September 27, 2021 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Gregory H Woods |
| Consumer Credit |
| 28 U.S.C. § 1446 nr |
| None |
Docket Report
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| Filing 20 OPPOSITION(Response) TO MOTION TO DISMISS, re: #15 MOTION to Dismiss Complaint. Document filed by Nicholas A. Owoyemi. (sc) |
Filing 19
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 must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06 /AO-3.pdf). The executed form should be filed on ECF as a "Proposed Order," and be described using the "Consent Order" filing event in accordance with ECF Rule 13.18. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered.If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. The Clerk of Court is directed to mail a copy of this order by first class mail to Plaintiff. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/23/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #18 Order on Motion to Adjourn Conference, to Nicholas A. Owoyemi at 49 Walker Street, Staten Island, NY 10302. (dsh) |
| Mailed a copy of #19 Order, Set Deadlines/Hearings, to Nicholas A. Owoyemi at 49 Walker Street, Staten Island, NY 10302. (dsh) |
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Filing 18
ORDER denying #17 Letter Motion to Adjourn Conference. Request DENIED. Defendants' motion and its implications will be discussed at the conference, which is being held telephonically. The Clerk's Office is respectfully directed to mail a copy of this Order to Plaintiff pro se and note service on the docket: Nicholas A. Owoyemi, 49 Walker Street, Staten Island, NY 10302. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/22/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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| Filing 17 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from Chenxi Jiao dated 11/22/21. Document filed by Credit Corp Solutions Inc.. (Attachments: #1 Certificate of Service to Pro Se Plaintiff).(Jiao, Chenxi) |
| Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Complaint. . Document filed by Credit Corp Solutions Inc.. (Attachments: #1 Certificate of Service to Pro Se Plaintiff).(Jiao, Chenxi) |
| Filing 15 MOTION to Dismiss Complaint. Document filed by Credit Corp Solutions Inc.. (Attachments: #1 Certificate of Service to Pro Se Plaintiff).(Jiao, Chenxi) |
| Filing 14 NOTICE OF APPEARANCE by Hilary Felice Korman on behalf of Credit Corp Solutions Inc...(Korman, Hilary) |
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Filing 13
ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: This action has been assigned to me for GENERAL PRETRIAL purposes. Accordingly, 1. The parties shall appear before the Court for an initial pretrial conference in accordance with Rule 16 of the Federal Rules of Civil Procedure on Monday,November 29, 2021, at 11:00 a.m. The conference will be held telephonically. The parties are instructed to call (888) 398-2342 and enter access code 9543348, as further set forth. 9. For Pro Se (unrepresented) parties: Pro se parties must submit a Notice of Pro Se Appearance, including email address, to the Pro Se Intake Unit located in the United States Courthouse, 500 Pearl Street, Room 200, New York, New York (tel: 212-805-0175). In addition, non-incarcerated pro se parties are encouraged, but not required, to submit a Consent to Electronic Service, which will allow them to receive court orders and other important documents by email. However, pro se parties are reminded that all letters and other communications with the Court from pro se parties must be submitted to the Pro Se Intake Unit, not directly to chambers. Pro se parties also are reminded that there is a legal clinic to assist people who are parties in civil cases but do not have lawyers. The Clinic is run by a private organization called the New York Legal Assistance Group; it is not part of, or run by, the Court. The Clinic is located in the Thurgood Marshall United States Courthouse, 40 Centre Street, Room LL22, New York, NY. An unrepresented party can make an appointment in person or by calling (212) 659-6190. SO ORDERED. (Telephone Conference set for 11/29/2021 at 11:00 AM before Magistrate Judge Robert W. Lehrburger. Initial Conference set for 11/29/2021 at 11:00 AM before Magistrate Judge Robert W. Lehrburger.) Copies transmitted this date to all counsel of record and mailed to: Nicholas A. Owoyemi (pro se) 49 Walker Street, Staten Island, N.Y. 10302. (Signed by Magistrate Judge Robert W. Lehrburger on 10/25/2021) (mml)
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| Mailed a copy of #12 Order on Motion for Conference, to Nicholas A. Owoyemi at 49 Walker Street, Staten Island, NY 10302.(dsh) |
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Filing 12
ORDER granting #8 Letter Motion for Conference re: #8 LETTER MOTION for Conference /Pre-Motion Conference on Proposed Motion to Dismiss addressed to Magistrate Judge Robert W. Lehrburger from Chenxi Jiao dated 10/4/21. Plaintiff has not responded to Defendant's letter by October 18, 2021 as ordered by Dkt. 10. Accordingly, Defendant may proceed with filing the proposed motion to dismiss. The motion to dismiss shall be filed by November 22, 2021; any opposition from Plaintiff shall be filed by December 22, 2021; any reply shall be filed by January 7, 2022. The Clerk's Office is respectfully directed to mail a copy of this Order to Plaintiff pro se and note service on the docket: Nicholas A. Owoyemi 49 Walker Street Staten Island, NY 10302. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/22/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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| Filing 11 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Nicholas A. Owoyemi dated 10/13/2021 re: PLEASE TAKE NOTICE that I will be out of the country between October 19, 2021, and November 20, 2021, on a pre-scheduled international trip. I beseech your honor to reschedule another suitable date for the pre-trial conference hearing. Document filed by Nicholas A. Owoyemi. (mml) |
| Set/Reset Deadlines: Motions due by 11/22/2021. Responses due by 12/22/2021, Replies due by 1/7/2022. (jca) |
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Filing 10
ORDER with respect to #8 LETTER MOTION for Conference /Pre-Motion Conference on Proposed Motion to Dismiss addressed to Magistrate Judge Robert W. Lehrburger from Chenxi Jiao dated 10/4/21. If Plaintiff wishes to respond to this letter, he shall do so by October 18, 2021. The Clerks Office is respectfully directed to mail a copy of this Order to Petitioner pro se and note service on the docket: Nicholas A. Owoyemi, 49 Walker Street, Staten Island, NY 10302. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/6/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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| Set/Reset Deadlines: Responses due by 10/18/2021. (mml) |
| Mailed a copy of #10 Order on Motion for Conference to Nicholas A. Owoyemi at 49 Walker Street, Staten Island, NY 10302. (kh) |
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Filing 9
ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: This action has been assigned to me for [GENERAL PRETRIAL] purposes. Accordingly, The parties shall appear before the Court for an initial pretrial conference in accordance with Rule 16 of the Federal Rules of Civil Procedure on Monday,November 15, 2021, at 11:00 a.m. The conference will be held telephonically. The parties are instructed to call (888) 398-2342 and enter access code 9543348. Initial Conference set for 11/15/2021 at 11:00 AM before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 10/5/2021) Copies transmitted this date to all counsel of record and mailed to Pro Se Litigant:, Nicholas A. Owoyemi, 49 Walker Street, Staten Island, NY 10302. (kv)
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| Filing 8 LETTER MOTION for Conference /Pre-Motion Conference on Proposed Motion to Dismiss addressed to Magistrate Judge Robert W. Lehrburger from Chenxi Jiao dated 10/4/21. Document filed by Credit Corp Solutions Inc.. (Attachments: #1 Certificate of Service).(Jiao, Chenxi) |
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Filing 7
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 Dispositive Motion, (i.e., motion requiring a Report and Recommendation), and all such motions. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Gregory H. Woods on 10/2/2021) (tg)
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| Filing 6 NOTICE OF APPEARANCE by Scott Evan Wortman on behalf of Credit Corp Solutions Inc...(Wortman, Scott) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Jed S. Rakoff is no longer assigned to the case. (aea) |
| Filing 5 CERTIFICATE OF SERVICE of Notice of Filing of Notice of Removal served on Plaintiff and the Clerk of the Supreme Court of the County of New York on 9/28/21 for plaintiff and 9/29/21 for the court.. Service was accepted by Served/Filed in Hand on the Clerk of the State Court. Service was made by Mail upon Plaintiff. Document filed by Credit Corp Solutions Inc...(Jiao, Chenxi) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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 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. (pc) |
| Case Designated ECF. (pc) |
| ***DELETED DOCUMENT. Deleted document number 2 Rule 7.1 Corporate Disclosure Statement. The document was incorrectly filed in this case. (lb) |
| Filing 3 CIVIL COVER SHEET filed..(Jiao, Chenxi) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Credit Corp Facilities Pty Ltd. for Credit Corp Solutions Inc.. Document filed by Credit Corp Solutions Inc...(Jiao, Chenxi) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 101011/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25115635).Document filed by Credit Corp Solutions Inc.. (Attachments: #1 Exhibit 1 - State Court Pleadings, #2 Exhibit 2 - Proposed Notice of Filing of Notice of Removal).(Jiao, Chenxi) |
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| Plaintiff: Nicholas A. Owoyemi | |
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| Defendant: Credit Corp Solutions Inc. doing business as Tasman Credit | |
| Represented By: | Chenxi Jiao |
| Represented By: | Hilary Felice Korman |
| Represented By: | Scott Evan Wortman |
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