Herczberg v. Merrick Bank Corporation et al
| Blimie Herczberg |
| Merrick Bank Corporation, JP Morgan Chase Bank N.A., Experian Information Solutions, Inc., Equifax Information Services, LLC and Trans Union LLC |
| 1:2022cv00852 |
| February 1, 2022 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Alison J Nathan |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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Filing 45
ORDER granting #40 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Alison J. Nathan from Equifax Information Services, LLC Re: Extension of Time to File Answer w/ Plaintiff's Consent dated March 9, 2022. SO ORDERED. Equifax Information Services, LLC answer due 4/8/2022. (Signed by Magistrate Judge Robert W. Lehrburger on 3/18/2022) (mml)
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Filing 44
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. SECTION 41(a)(1)(A)(i) AS TO TRANSUNION, LLC: Pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(i), the Plaintiff and/or plaintiff's counsel, hereby give notice that whereas no party is an infant or incompetent the above-captioned action is voluntarily dismissed with prejudice as against Defendant TRANS UNION, LLC only, with each party to bear its respective attorney's fees and costs. TRANS UNION, LLC has not served an answer, motion or otherwise appeared in this action. SO ORDERED. Trans Union LLC terminated. (Signed by Judge Alison J. Nathan on 3/16/2022) (tg)
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Filing 43
MEMO ENDORSEMENT on re: #42 Notice of Settlement filed by Blimie Herczberg. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 3/16/2022) (tg)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #41 Notice of Voluntary Dismissal, was reviewed and referred to Judge Alison J. Nathan for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.(tp) |
| Filing 42 NOTICE of Settlement as to Merrick Bank Corporation, only. Document filed by Blimie Herczberg..(Cesar, Alain) |
| Filing 41 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Trans Union LLC. Document filed by Blimie Herczberg. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Cesar, Alain) |
| Filing 40 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Alison J. Nathan from Equifax Information Services, LLC Re: Extension of Time to File Answer w/ Plaintiff's Consent dated March 9, 2022. Document filed by Equifax Information Services, LLC..(Brownstein, Boris) |
| Filing 39 NOTICE OF APPEARANCE by Boris Brownstein on behalf of Equifax Information Services, LLC..(Brownstein, Boris) |
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time to Answer addressed to Magistrate Judge Robert W. Lehrburger from Christopher B. Turcotte dated March 2, 2022. JP Morgan Chase Bank N.A. answer due 4/7/2022. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (rsh).
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| Filing 37 LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Robert W. Lehrburger from Christopher B. Turcotte dated March 2, 2022. Document filed by JP Morgan Chase Bank N.A...(Turcotte, Christopher) |
| Filing 36 NOTICE OF APPEARANCE by Christopher Barry Turcotte on behalf of JP Morgan Chase Bank N.A...(Turcotte, Christopher) |
| Filing 35 WAIVER OF SERVICE RETURNED EXECUTED. Trans Union LLC waiver sent on 2/1/2022, answer due 4/4/2022. Document filed by Blimie Herczberg..(Cesar, Alain) |
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Filing 34
ORDER granting #32 Letter Motion for Extension of Time to Answer re: #1 Complaint, addressed to Magistrate Judge Robert W. Lehrburger from Melanie K. Chan dated 2/23/2022. SO ORDERED. #1 Complaint. Experian Information Solutions, Inc. answer due 4/7/2022. (Signed by Magistrate Judge Robert W. Lehrburger on 2/23/2022) (vfr)
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Filing 33
ORDER granting #31 Letter Motion for Extension of Time to Answer re: #1 Complaint, #30 Notice of Appearance addressed to Magistrate Judge Robert W. Lehrburger from Michael H. Gibson, Esq. dated February 23, 2022. SO ORDERED. #1 Complaint. Merrick Bank Corporation answer due 4/1/2022. (Signed by Magistrate Judge Robert W. Lehrburger on 2/23/2022) (vfr)
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| Filing 32 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Magistrate Judge Robert W. Lehrburger from Melanie K. Chan dated 2/23/2022. Document filed by Experian Information Solutions, Inc...(Chan, Melanie) |
| Filing 31 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, #30 Notice of Appearance addressed to Magistrate Judge Robert W. Lehrburger from Michael H. Gibson, Esq. dated February 23, 2022. Document filed by Merrick Bank Corporation..(Gibson, Michael) |
| Filing 30 NOTICE OF APPEARANCE by Michael Hugh Gibson on behalf of Merrick Bank Corporation..(Gibson, Michael) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Experian plc, Other Affiliate Opt-Out Services LLC, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC for Experian Information Solutions, Inc.. Document filed by Experian Information Solutions, Inc...(Chan, Melanie) |
| Filing 28 NOTICE OF APPEARANCE by Melanie Karen Chan on behalf of Experian Information Solutions, Inc...(Chan, Melanie) |
| Filing 27 SUMMONS RETURNED EXECUTED. Equifax Information Services, LLC served on 2/16/2022, answer due 3/9/2022. Service was accepted by Jane Doe; Legal Representative of CSC. Document filed by Blimie Herczberg..(Cesar, Alain) |
| Filing 26 SUMMONS RETURNED EXECUTED. Merrick Bank Corporation served on 2/9/2022, answer due 3/2/2022. Service was accepted by Arden Namba, Office Manager. Document filed by Blimie Herczberg..(Cesar, Alain) |
| Filing 25 SUMMONS RETURNED EXECUTED. Experian Information Solutions, Inc. served on 2/15/2022, answer due 3/8/2022. Service was accepted by Vincenza Cipriano, Authorized Agent. Document filed by Blimie Herczberg..(Cesar, Alain) |
| Filing 24 SUMMONS RETURNED EXECUTED. JP Morgan Chase Bank N.A. served on 2/15/2022, answer due 3/8/2022. Service was accepted by Vincenza Cipriano- Authorized Agent. Document filed by Blimie Herczberg..(Cesar, Alain) |
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Filing 23
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). Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/15/2022) (vfr)
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| Filing 22 ELECTRONIC SUMMONS ISSUED as to Equifax Information Services, LLC. (vf) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Equifax Information Services, LLC, re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alain Cesar to RE-FILE Document No. #20 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; must include "c/o" in To field. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (lal) |
| Filing 20 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Equifax Information Services, LLC, re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) Modified on 2/14/2022 (lal). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alain Cesar to RE-FILE Document No. #19 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name error in 'TO' field, party name must match exactly as pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 19 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Equifax Information Services, LLC, re: #1 Complaint. Document filed by Blimie Herczberg..(Cesar, Alain) Modified on 2/11/2022 (sj). |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to JP Morgan Chase Bank N.A...(lal) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to as to JP Morgan Chase Bank N.A., re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Trans Union LLC..(lal) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Experian Information Solutions, Inc...(lal) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Merrick Bank Corporation..(lal) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alain Cesar to RE-FILE Document No. #12 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct, Include c/o and typo in party name. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (lal) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alain Cesar to RE-FILE Document No. #10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct, Include c/o. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (lal) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to as to Trans Union, LLC, re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) Modified on 2/3/2022 (lal). Modified on 2/3/2022 (lal). |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to as to Equifax Information Services, LLC, re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) Modified on 2/3/2022 (lal). |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to as to Experian Information Solutions, Inc., re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to as to JP Morgan Chase Bank N.A., re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) Modified on 2/3/2022 (lal). |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to as to Merrick Bank Corporation, re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) |
| 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. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alain Cesar to RE-FILE Document No. #3 Request for Issuance of Summons, #5 Request for Issuance of Summons, #4 Request for Issuance of Summons, #7 Request for Issuance of Summons, #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): plaintiff party name error on summons caption. Party name spelling does not correspond to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 8 NOTICE OF APPEARANCE by Craig B. Sanders on behalf of Blimie Herczberg..(Sanders, Craig) |
| Filing 7 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to as to Trans Union, LLC, re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) Modified on 2/2/2022 (vf). |
| Filing 6 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to as to Equifax Information Services, LLC, re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) Modified on 2/2/2022 (vf). |
| Filing 5 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to as to Experian Information Solutions, Inc., re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) Modified on 2/2/2022 (vf). |
| Filing 4 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to as to JP Morgan Chase Bank N.A., re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) Modified on 2/2/2022 (vf). |
| Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to as to Merrick Bank Corporation, re: #1 Complaint,. Document filed by Blimie Herczberg..(Cesar, Alain) Modified on 2/2/2022 (vf). |
| Filing 2 CIVIL COVER SHEET filed..(Cesar, Alain) |
| Filing 1 COMPLAINT against Equifax Information Services, LLC, Experian Information Solutions, Inc., JP Morgan Chase Bank N.A., Merrick Bank Corporation, Trans Union LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25664140)Document filed by Blimie Herczberg..(Cesar, Alain) |
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