Severin v. Spring Oaks Capital, LLC
| Clifford Severin |
| Spring Oaks Capital, LLC |
| 1:2024cv00720 |
| February 1, 2024 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 NOTICE OF APPEARANCE by John Rossman on behalf of Spring Oaks Capital, LLC..(Rossman, John) |
| Filing 21 AMENDED MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss . . Document filed by Spring Oaks Capital, LLC..(Rossman, John) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/21/2024 without transcription or recording. Counsel for all parties was present. Defendants amended motion to dismiss is be due Thursday, March 28, 2024; plaintiffs response is due Thursday, April 4, 2024; and defendants reply is due Tuesday, April 9, 2024. (nmo) |
| Filing 20 FIRST AMENDED COMPLAINT amending #19 Amended Complaint, against Spring Oaks Capital, LLC with JURY DEMAND.Document filed by Clifford Severin. Related document: #19 Amended Complaint,..(Elo, Elliot) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Elliot Elo to RE-FILE Document No. #19 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| Filing 19 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint against Clifford Severin with JURY DEMAND.Document filed by Clifford Severin. Related document: #1 Complaint..(Elo, Elliot) Modified on 3/20/2024 (vf). |
Filing 18
ORDER granting #14 Motion for John K. Rossman to Appear Pro Hac Vice.. (Signed by Judge Jed S. Rakoff on 3/15/2024) (ks)
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| Filing 17 MOTION to Dismiss . Document filed by Spring Oaks Capital, LLC. Responses due by 3/25/2024 Return Date set for 4/1/2024 at 10:00 AM. (Attachments: #1 Affidavit Declaration of John K. Rossman, #2 Affidavit Memorandum of Law, #3 Exhibit 7-14-23 Dispute Letter (Redacted), #4 Exhibit 7-24-23 Validation of debt letter and attachments (Redacted), #5 Exhibit Marks v. Javitch Block LLC R&R, #6 Affidavit Certificate of Service of Motion to Dismiss).(Schilling, Daniel) |
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Filing 16
CIVIL CASE MANAGEMENT PLAN: This case is not to be tried to a jury. Amended Pleadings due by 5/3/2024. Joinder of Parties due by 5/3/2024. Motions due by 7/1/2024. Responses due by 7/15/2024 Replies due by 7/22/2024. Depositions including Expert Depositions due by 6/24/2024. Discovery due by 6/24/2024. Oral Argument set for 7/29/2024 at 04:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 7/29/2024 at 04:00 PM before Judge Jed S. Rakoff. Motion to Dismiss: Moving- 3/18/24; Answering- 3/25/2024; Reply- 3/29/24. Ready for Trial by 8/14/2024. SO ORDERED (Signed by Judge Jed S. Rakoff on 3/15/2024) (ks) Modified on 3/15/2024 (ks).
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| Filing 15 PROPOSED CASE MANAGEMENT PLAN. Document filed by Spring Oaks Capital, LLC..(Rossman, John) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/15/2024, ( Final Pretrial Conference set for 7/29/2024 at 04:00 PM before Judge Jed S. Rakoff in courtroom 14B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York City, New York.). (Kotowski, Linda) |
| Filing 14 MOTION for JOHN K. ROSSMAN to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Spring Oaks Capital, LLC. Return Date set for 3/28/2024 at 10:00 AM. (Attachments: #1 Affidavit AFFIDAVIT OF JOHN K. ROSSMAN, #2 Exhibit CERTIFICATE OF GOOD STANDING, #3 Proposed Order PROPOSED ORDER, #4 Affidavit CERTIFICATE OF SERVICE).(Schilling, Daniel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for JOHN K. ROSSMAN to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for JOHN K. ROSSMAN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29035608. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Spring Oaks Capital, LLC. Return Date set for 3/28/2024 at 10:00 AM. (Attachments: #1 Affidavit AFFIDAVIT OF JOHN K. ROSSMAN IN SUPPORT OF PRO HAC VICE, #2 Exhibit EXHIBIT A - CERTIFICATE OF GOOD STANDING FROM THE SUPREME COURT OF THE STATE OF MINNESOTA, #3 Proposed Order NOTICE OF PROPOSED ORDER FOR ADMISSION PRO HAC VICE, #4 Affidavit CERTIFICATE OF SERVICE MOTION FOR ADMISSION PRO HAC VICE).(Schilling, Daniel) Modified on 3/5/2024 (bc). |
| Filing 12 NOTICE OF APPEARANCE by Daniel Schilling on behalf of Spring Oaks Capital, LLC. (Attachments: #1 Affidavit Certificate of Service of Notice of Appearance).(Schilling, Daniel) |
| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Spring Oaks Capital, LLC..(Shah, Krupa) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for JOHN K. ROSSMAN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29035608. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Wet Signature needed by Attorney on Motion, please label the documents (Motion, Affidavit, Proposed Order);. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc) |
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Filing 10
STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT SPRING OAKS CAPITAL, LLC TO ANSWER OR OTHERWISE PLEAD: Defendant Spring Oaks Capital, LLC ("SOC") and Plaintiff Clifford Severin, by and through counsel, hereby stipulate to the following: 1. That Plaintiff's Complaint was served on or about February 9, 2024; 2. That SOC intends to file a motion to dismiss and requires time to schedule a hearing for the motion with the Court; 3. That SOC may have until March 29, 2024 to respond to Plaintiff's Complaint; and 4. That the Court enter an order granting SOC until March 29, 2024 to respond to Plaintiffs' Complaint. SO ORDERED. (Signed by Judge Jed S. Rakoff on 3/4/2024) Spring Oaks Capital, LLC answer due 3/29/2024. (ks)
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| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by Spring Oaks Capital, LLC..(Shah, Krupa) |
| Filing 8 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Spring Oaks Capital, LLC. (Attachments: #1 Proposed Order Proposed Order-Extension).(Shah, Krupa) Proposed Order to be reviewed by Clerk's Office staff. Modified on 3/1/2024 (nd). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Krupa A. Shah to RE-FILE Document No. #8 Proposed Order,. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order; Re-file the document using the event type Proposed Stipulation and Order found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF.. (nd) |
| Filing 7 NOTICE OF APPEARANCE by Krupa A. Shah on behalf of Spring Oaks Capital, LLC..(Shah, Krupa) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Initial Telephonic Conference set for 3/15/2024 at 11:45 AM before Judge Jed S. Rakoff.The public may access this proceeding by dialing :USA toll free 888-363-4735, international caller paid 215-446-3657, Access code 1086415). (Kotowski, Linda) |
| Filing 6 SUMMONS RETURNED EXECUTED. Spring Oaks Capital, LLC served on 2/7/2024, answer due 2/28/2024. Service was accepted by Corporation Service Company. Document filed by Clifford Severin..(Elo, Elliot) |
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Filing 5
NOTICE OF COURT CONFERENCE: Initial Conference set for 3/14/2024 at 11:15 AM before Judge Jed S. Rakoff. 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. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/16/2024) (ks)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Spring Oaks Capital, LLC. (vf) |
| Filing 3 CIVIL COVER SHEET filed..(Elo, Elliot) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Spring Oaks Capital, LLC, re: #1 Complaint. Document filed by Clifford Severin..(Elo, Elliot) |
| 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Elliot Elo to RE-FILE Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not dated by the attorney; the event wrong event type was used to file the civil cover sheet; the PDF must be filed separately. 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.. (jgo) |
| Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Elliot Elo to RE-FILE Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; the PDF must be filed separately. 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 1 COMPLAINT against Spring Oaks Capital, LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28890787)Document filed by Clifford Severin. (Attachments: #1 Civil Cover Sheet civil cover sheet, #2 Supplement summons).(Elo, Elliot) |
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| Plaintiff: Clifford Severin | |
| Represented By: | Elliot Elo |
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| Defendant: Spring Oaks Capital, LLC | |
| Represented By: | John Rossman |
| Represented By: | Krupa A. Shah |
| Represented By: | Daniel Schilling |
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