Martinez v. Enhanced Recovery Company, LLC
| Enhanced Recovery Company, LLC |
| Steven Martinez |
| 1:2021cv10151 |
| November 30, 2021 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 15
STIPULATION OF REMAND: 1. On or about November 2, 2021, Plaintiff commenced an action in the Supreme Court of the State of New York, New York County, styled STEVEN MARTINEZ, individually and on behalf of all others similarly situated v. ENHANCED RECOVERY COMPANY, LLC, bearing Index No. 656272/21. 2. Defendant removed the action to this Court on November 30, 2021. 3. After meeting and conferring, and upon filing of the attached first amended complaint counsel for the Parties agree that, based upon the claims asserted in the first amended complaint being limited to state law claims, and based upon Plaintiffs stipulation to limit his damages to below the threshold to establish diversity jurisdiction, this matter should be remanded to the Supreme Court of the State of New York, New York County. 4. The attached amended complaint shall be the operative pleading, and Plaintiff will not amend to add any claims that would satisfy federal question jurisdiction, nor seek damages to him in excess of $75,000.00.5. Accordingly, the Parties hereby stipulate and agree that this matter be remanded to the Supreme Court of the State of New York, New York County for further proceedings. WHEREFORE Plaintiff and Defendant respectfully request that the Court enter an order directing that this action be remanded to the Supreme Court of the State of New York, New York County of New York, further proceedings. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/29/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1005 401 2 on 1/3/2022. (jca) |
| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Steven Martinez..(Barshay, David) |
| Filing 13 FIRST AMENDED COMPLAINT against Enhanced Recovery Company, LLC with JURY DEMAND.Document filed by Steven Martinez..(Barshay, David) |
| Filing 12 CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Motion to Reward: moving 12/29/2021, answering 1/14/2022, reply 1/21/2022. Amended Pleadings due by 1/19/2022. Joinder of Parties due by 1/19/2022. Motions due by 4/8/2022. Responses due by 4/22/2022 Replies due by 4/29/2022. Deposition due by 3/3/2022. Discovery due by 4/1/2022. Oral Argument set for 5/13/2022 at 04:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 5/13/2022 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 5/23/2022. (Signed by Judge Jed S. Rakoff on 12/22/2021) (kv) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephonic Initial Pretrial Conference held on 12/22/2021, ( Final Pretrial Conference set for 5/13/2022 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
| Filing 11 NOTICE OF APPEARANCE by David Michael Barshay on behalf of Steven Martinez..(Barshay, David) |
| Filing 10 PROPOSED CASE MANAGEMENT PLAN. Document filed by Steven Martinez..(Rahman, Zabeen) |
| Filing 9 NOTICE OF APPEARANCE by Scott S. Gallagher on behalf of Enhanced Recovery Company, LLC..(Gallagher, Scott) |
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Filing 8
ORDER GRANTING MOTION TO PRACTICE PRO HAC VICE granting #7 Motion for Scott S. Gallagher to Appear Pro Hac Vice. The motion for admission to practice pro hac vice in the above captioned matter is granted. The admitted attorney, Scott S. Gallagher, is permitted to argue or try this particular case in whole or in part as counsel or advocate for Defendant Enhanced Recovery Company, LLC.. (Signed by Judge Jed S. Rakoff on 12/9/2021) (kv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Scott S. Gallagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25433512. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 7 MOTION for Scott S. Gallagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25433512. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Enhanced Recovery Company, LLC. (Attachments: #1 Affidavit of Scott S. Gallagher, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Heppt, Edward) |
| Filing 6 ANSWER to Complaint. Document filed by Enhanced Recovery Company, LLC..(Heppt, Edward) |
| Filing 5 NOTICE of Letter to David M. Barshay per Notice of Court Conference re: #4 Order for Initial Pretrial Conference,. Document filed by Enhanced Recovery Company, LLC..(Heppt, Edward) |
| Filing 4 NOTICE OF COURT CONFERENCE: DATE AND PLACE OF CONFERENCE: 12-22-2021, ON A TELECONFERENCE LINE AT 11:15 am. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. Initial Conference set for 12/22/2021 at 11:15 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 12/2/2021) (kv) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edward Joseph Heppt. The party information for the following party/parties has been modified: Steven Martinez. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf) |
| 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..(vf) |
| Case Designated ECF. (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 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ERC Holdings, LLC for Enhanced Recovery Company, LLC. Document filed by Enhanced Recovery Company, LLC..(Heppt, Edward) |
| Filing 2 CIVIL COVER SHEET filed..(Heppt, Edward) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, County of New York. Case Number: 656272/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25400359).Document filed by Enhanced Recovery Company, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Heppt, Edward) |
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| Lead plaintiff: Steven Martinez | |
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| Defendant: Enhanced Recovery Company, LLC | |
| Represented By: | Edward Joseph Heppt |
| Represented By: | Scott S. Gallagher |
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