Holley v. Spartan Auto Group, LLC et al
| HOLLEY I JASMINE and Jasmine I. Holley |
| SPARTAN AUTO GROUP, LLC dba VICTORY MITSUBISHI, CAPITAL ONE AUTO FINANCE, a division of CAPITAL ONE, N.A.,, Spartan Auto Group, LLC doing business as Victory Mitsubishi and Capital One Auto Finance |
| 1:2024cv00844 |
| February 6, 2024 |
| US District Court for the Southern District of New York |
| Margaret M Garnett |
| Robyn F Tarnofsky |
| Truth in Lending |
| 15 U.S.C. § 1693 ef Electronic Fund Transfer Act |
| Plaintiff |
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Filing 24
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have taken place. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 2-3 days. (And as further set forth herein.) SO ORDERED. Fact Discovery due by 6/20/2024. (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/21/2024) (jca)
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Filing 23
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. A mediator is to be assigned in April. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 4/4/2024. (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/21/2024) (tg)
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| Filing 22 Minute Entry for proceedings held before Magistrate Judge Robyn F. Tarnofsky: Initial Pretrial Conference held on 3/20/2024. (ah) |
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Filing 21
INITIAL CASE MANAGEMENT CONFERENCE By consent of all parties and Order of Reference dated March 13, 2024, (ECF 13), Judge Margaret M. Garnett referred this case to me to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636 (c) and Fed. R. Civ. P. 73. Accordingly, I have reviewed the parties' proposed case management plan, (ECF 16) and an initial case management conference is scheduled for March 20, 2024, at 3:30p.m. Counsel for the parties are directed to call my Microsoft Teams conference line at the scheduled time. Please dial (646) 453-4442, Access Code: 742 809 795#. The parties are directed to consult my Individual Rules of Practice, available at https://nysd.uscourts.gov/hon-robyn-f-tarnofsky. SO ORDERED. Initial Conference set for 3/20/2024 at 03:30 PM before Magistrate Judge Robyn F. Tarnofsky. (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/15/2024) (jca)
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Filing 20
ORDER Whereas the parties have consented to the jurisdiction of the Magistrate Judge to conduct all proceedings and order the entry of the final judgment in accordance with 28 U.S.C. 636(c), the initial pretrial conference that was previously scheduled in the above-captioned case for March 20, 2024, is hereby ADJOURNED sine die. The matter will be referred to Magistrate Judge Tarnofsky by separate order. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/13/2024) (jca)
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| Filing 19 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Capital One Auto Finance, Jasmine I. Holley, Spartan Auto Group, LLC. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robyn F. Tarnofsky. (Signed by Judge Margaret M. Garnett on 3/13/2024) (va) |
| Filing 18 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Jasmine I. Holley. Document filed by Jasmine I. Holley..(Nahoum, Robert) |
| Filing 17 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Jasmine I. Holley. Document filed by Jasmine I. Holley..(Nahoum, Robert) |
| Filing 16 PROPOSED CASE MANAGEMENT PLAN. Document filed by Jasmine I. Holley..(Nahoum, Robert) |
| Filing 15 CERTIFICATE OF SERVICE of Ordder and Individual Part Rules served on SPARTAN AUTO GROUP, LLC dba VICTORY MITSUBISHI and CAPITAL ONE AUTO FINANCE, a division of CAPITAL ONE, N.A. on 03/05/2024. Document filed by Jasmine I. Holley..(Nahoum, Robert) |
| Filing 14 ANSWER to #1 Complaint. Document filed by Capital One Auto Finance..(Labonte, Stevan) |
| Filing 13 ANSWER to #1 Complaint. Document filed by Capital One Auto Finance..(Labonte, Stevan) |
| Filing 12 ANSWER to Complaint. Document filed by Spartan Auto Group, LLC..(Labonte, Stevan) |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint served. Spartan Auto Group, LLC served on 2/22/2024, answer due 3/14/2024. Service was accepted by Ed Doe, Manager. Document filed by Jasmine I. Holley..(Nahoum, Robert) |
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules & Practices ("Individual Rules"), which are available at https://nysd.uscourts.gov/hon-margaret-m-garnett. All parties are required to register promptly as filing users on ECF. Counsel for all parties shall appear for an Initial Pretrial Conference with the Court on Wednesday, March 20, 2024, at 11:30 a.m. The conference will be held in person in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Individual Rules to that party personally. and as set forth herein. SO ORDERED. Initial Conference set for 3/20/2024 at 11:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 2/28/2024) (ama)
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| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. Capital One Auto Finance served on 2/15/2024, answer due 3/7/2024. Service was accepted by Antonio Di Paolo. Document filed by Jasmine I. Holley..(Nahoum, Robert) |
| NOTICE OF CASE REASSIGNMENT to Judge Margaret M. Garnett. Judge J. Paul Oetken is no longer assigned to the case..(tro) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Capital One Auto Finance. (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Spartan Auto Group, LLC. (vf) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to CAPITAL ONE AUTO FINANCE, a division of CAPITAL ONE, N.A.,, re: #1 Complaint. Document filed by Jasmine I. Holley..(Nahoum, Robert) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to SPARTAN AUTO GROUP, LLC dba VICTORY MITSUBISHI, re: #1 Complaint. Document filed by Jasmine I. Holley..(Nahoum, Robert) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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 CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert J. Nahoum. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1601; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1693; the County code has been modified to XX Out of State;. (jgo) |
| Magistrate Judge Robyn F. Tarnofsky 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 Robert J. Nahoum to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons;. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert J. Nahoum. The party information for the following party/parties has been modified: SPARTAN AUTO GROUP, LLC dba VICTORY MITSUBISHI; CAPITAL ONE AUTO FINANCE, a division of CAPITAL ONE, N.A.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly;. (jgo) |
| Filing 4 FILING ERROR - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CAPITAL ONE AUTO FINANCE, a division of CAPITAL ONE, N.A, re: #1 Complaint. Document filed by CAPITAL ONE AUTO FINANCE, a division of CAPITAL ONE, N.A.,..(Nahoum, Robert) Modified on 2/7/2024 (jgo). |
| Filing 3 FILING ERROR - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SPARTAN AUTO GROUP, LLC dba VICTORY MITSUBISHI, re: #1 Complaint. Document filed by SPARTAN AUTO GROUP, LLC dba VICTORY MITSUBISHI..(Nahoum, Robert) Modified on 2/7/2024 (jgo). |
| Filing 2 CIVIL COVER SHEET filed..(Nahoum, Robert) |
| Filing 1 COMPLAINT against CAPITAL ONE AUTO FINANCE, a division of CAPITAL ONE, N.A.,, SPARTAN AUTO GROUP, LLC dba VICTORY MITSUBISHI. (Filing Fee $ 405.00, Receipt Number ANYSDC-28907720)Document filed by HOLLEY I JASMINE..(Nahoum, Robert) |
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