Rosario v. Santander Consumer USA
| Carlos Rosario, Jr. |
| Santander Consumer USA |
| 1:2022cv10565 |
| December 12, 2022 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Laura Taylor Swain |
| Ona T Wang |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| None |
Docket Report
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Filing 10
INFORMATION PACKAGE MAILED to Carlos Rosario, Jr., at 1679 Popham Ave., Apt. 2B, Bronx, NY 10453, on 1/27/2023 Re: #8 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sha)
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| Filing 9 SUMMONS ISSUED as to Santander Consumer USA. (sha) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/27/2023 Re: Judge Paul G. Gardephe #8 Order of Service. The following document(s) were enclosed in the Service Package: Amended Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Santander Consumer USA. (sha) |
| MAILING RECEIPT: Document No: 7. Mailed to: Carlos Rosario Jr. 1679 Popham Ave. Apt. 2B Bronx, NY 10453. (dsh) |
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Filing 8
ORDER OF SERVICE: The Clerk of Court is directed to complete the USM-285 form with the address for Defendant Santander Consumer USA and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/26/2023) (ks) Transmission to Pro Se Assistants for processing.
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Filing 7
ORDER OF REFERENCE TO A 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). SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/26/2023) (ks)
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| Magistrate Judge Ona T. Wang 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. (sac) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Laura Taylor Swain is no longer assigned to the case. (sac) |
| Filing 5 AMENDED COMPLAINT against Santander Consumer USA, Re: amending #2 Complaint.Document filed by Carlos Rosario, Jr. Related document: #2 Complaint.(sc) |
| MAILING RECEIPT: Document No: 4. Mailed to: Carlos Rosario Jr. 1679 Popham Ave. Apt. 2B Bronx, NY 10453. (dsh) |
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Filing 4
ORDER TO AMEND: Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 22-CV-10565 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/3/23) (rdz)
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 12/15/2022) (vn)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 2 COMPLAINT against Santander Consumer USA. Document filed by Carlos Rosario..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Carlos Rosario..(rdz) |
| Case Designated ECF. (rdz) |
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| Plaintiff: Carlos Rosario, Jr. | |
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