Carrasquillo v. National Credit Systems, Inc. et al
| Shey Carrasquillo |
| National Credit Systems, Inc. and Law Office of Brett M. Borland, P.C. |
| 1:2024cv01029 |
| February 12, 2024 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rami Salim to RE-FILE re: Document No. #22 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading; the pleading is amended more than 21 days after service of the original pleading; Court's leave has not been granted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf) |
| Filing 22 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - FIRST AMENDED COMPLAINT amending #1 Complaint, against Law Office of Brett M. Borland, P.C., National Credit Systems, Inc. with JURY DEMAND.Document filed by Shey Carrasquillo. Related document: #1 Complaint,. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C).(Salim, Rami) Modified on 4/8/2024 (vf). |
| Filing 21 NOTICE OF APPEARANCE by Kenneth Willard on behalf of Shey Carrasquillo..(Willard, Kenneth) |
Filing 20
ORDER granting #19 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 3/27/2024) (tg)
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| Set/Reset Deadlines: Law Office of Brett M. Borland, P.C. answer due 4/5/2024; National Credit Systems, Inc. answer due 4/5/2024. (tg) |
| Filing 19 SECOND LETTER MOTION for Extension of Time to Respond to Complaint to Accommodate the Exchange and Resolution of Pre-Motion Letters addressed to Judge Analisa Torres from National Credit Systems, Inc., and the Law Offices of Brett Borland, PC dated 3/26/2024. Document filed by Law Office of Brett M. Borland, P.C., National Credit Systems, Inc...(DeMarte, Katrina) |
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Filing 18
ORDER granting #17 Motion for Katrina Marie DeMarte to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order)(JSS)
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| Filing 17 MOTION for Katrina Marie DeMarte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29118124. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Law Office of Brett M. Borland, P.C., National Credit Systems, Inc.. (Attachments: #1 Affidavit Affidavit of Katrina DeMarte, #2 Exhibit Exhibit A Certificates of Good Standing, #3 Exhibit Exhibit B List of Admitted Courts, #4 Proposed Order Proposed Order Granting PHV).(DeMarte, Katrina) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Katrina Marie DeMarte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29118124. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 3/13/2024) (vfr)
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| Set/Reset Deadlines: Law Office of Brett M. Borland, P.C. answer due 3/26/2024; National Credit Systems, Inc. answer due 3/26/2024. (vfr) |
| Filing 15 CONSENT LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Analisa Torres from Matthew B. Johnson dated 3/12/24. Document filed by Law Office of Brett M. Borland, P.C., National Credit Systems, Inc...(Johnson, Matthew) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Law Office of Brett M. Borland, P.C...(Johnson, Matthew) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Credit Systems, Inc...(Johnson, Matthew) |
| Filing 12 SUMMONS RETURNED EXECUTED. Law Office of Brett M. Borland, P.C. served on 2/22/2024, answer due 3/14/2024. Service was accepted by Linda Banks. Document filed by Shey Carrasquillo..(Salim, Rami) |
| Filing 11 SUMMONS RETURNED EXECUTED. National Credit Systems, Inc. served on 2/20/2024, answer due 3/12/2024. Document filed by Shey Carrasquillo..(Salim, Rami) |
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Filing 10
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by April 15, 2024, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscomts.gov/node/754 and attached to this order, on the docket. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by April 15, 2024, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 2/14/2024) (va)
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Filing 9
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 2/14/2024) (va)
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Filing 8
INITIAL PRETRIAL SCHEDULING ORDER: 1. Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by April 15, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. 2. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. (As further set forth herein.)SO ORDERED. (Signed by Judge Analisa Torres on 2/14/2024) (va)
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| Filing 7 CIVIL COVER SHEET filed..(Salim, Rami) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to National Credit Systems, Inc...(jgo) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Law Office of Brett M. Borland, P.C...(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rami Salim. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Rami Salim to RE-FILE Document No. #4 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 Basis of Jurisdiction code was not selected;. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rami Salim. The party information for the following party/parties has been modified: Shey Carrasquillo. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| Magistrate Judge Sarah L. Cave 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Case Designated ECF. (jgo) |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Salim, Rami) Modified on 2/13/2024 (jgo). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to National Credit Systems, Inc., re: #1 Complaint,. Document filed by Shey Carrasquillo..(Salim, Rami) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Law Office of Brett M. Borland, P.C., re: #1 Complaint,. Document filed by Shey Carrasquillo..(Salim, Rami) |
| Filing 1 COMPLAINT against Law Office of Brett M. Borland, P.C., National Credit Systems, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28938348)Document filed by Shey Carrasquillo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Salim, Rami) |
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