Parolise v. Portfolio Recovery Associates, LLC
| Marilena C. Parolise |
| Portfolio Recovery Associates, LLC |
| 1:2024cv01382 |
| February 22, 2024 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Gregory H Woods |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0010 Petition to Vacate Arbitration Award |
| None |
Docket Report
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Filing 22
SCHEDULING ORDER granting #18 Letter Motion for Conference re: #5 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, Letter Request for Pre-Motion Conference addressed to Magistrate Judge Katharine H. Parker from Jonathan P. Floyd on Behalf of Respondent Portfolio Recovery Associates, LLC dated April 8, 2024. The Court is in receipt of Respondent's letter motion seeking a pre-motion conference (ECF No. 18) and Petitioner's response (ECF No. 20). A pre-motion conference will be held on Thursday, May 16, 2024 at 10:00 a.m., to coincide with the Initial Case Management Conference that is already scheduled to occur at that date and time. The May 16 conference is converted to a telephonic conference. At the scheduled time, the parties shall dial the Court's conference line at 866-434-5269; Access Code: 4858267#. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 18. SO ORDERED. Telephone Conference set for 5/16/2024 at 10:00 AM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 4/12/2024) (vfr) Modified on 4/12/2024 (vfr).
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| Filing 21 LETTER addressed to Magistrate Judge Katharine H. Parker from Jonathan P. Floyd on Behalf of Respondent Portfolio Recovery Associates, LLC dated April 12, 2024 re: Petitioner's April 11, 2024 Letter. Document filed by Portfolio Recovery Associates, LLC..(Floyd, Jonathan) |
| Filing 20 LETTER addressed to Magistrate Judge Katharine H. Parker from MARILENA C. PAROLISE dated 04/11/2024 re: ECF 18: PRA's Letter Motion for Conference and Request for Leave to File Motion to Dismiss Pursuant to FRCP 12(b)(1), 12(b)(3), 12(b)(4)-(5) and 12(b)(6). Document filed by Marilena C. Parolise..(Parolise, Marilena) |
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Filing 19
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 must 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 both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. 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 either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order 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 Gregory H. Woods on 4/9/2024) (rro)
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| Filing 18 LETTER MOTION for Conference re: #5 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, Letter Request for Pre-Motion Conference addressed to Magistrate Judge Katharine H. Parker from Jonathan P. Floyd on Behalf of Respondent Portfolio Recovery Associates, LLC dated April 8, 2024. Document filed by Portfolio Recovery Associates, LLC..(Floyd, Jonathan) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PRA Group, Inc. for Portfolio Recovery Associates, LLC. Document filed by Portfolio Recovery Associates, LLC..(Floyd, Jonathan) |
| Filing 16 NOTICE OF APPEARANCE by Jonathan Patrick Floyd on behalf of Portfolio Recovery Associates, LLC..(Floyd, Jonathan) |
| Filing 15 CERTIFICATE OF SERVICE of Order Scheduling Initial Case Management Conference (ECF No. 10) served on Portfolio Recovery Associates, LLC on 03/25/2024. Service was accepted by Mr. Robert E. Sickles, Esq.. Service was made by Mail. Document filed by Marilena C. Parolise..(Parolise, Marilena) |
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Filing 14
INFORMATION PACKAGE MAILED to Marilena C. Parolise, at, on 3/18/2024 Re: #12 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). (nb)
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| Filing 13 SUMMONS ISSUED as to Portfolio Recovery Associates, LLC. (nb) |
| FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 3/18/2024 Re: Magistrate Judge Katharine H. Parker #12 Order of Service. The following document(s) were enclosed in the Service Package: Amended Petition, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Portfolio Recovery Associates, LLC.. (nb) |
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Filing 12
ORDER OF SERVICE: The Clerk of Court is instructed to issue a summons for Portfolio Recovery Associates, LLC, complete the USM-285 form with the address for Respondent, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further instructed to mail an information package to Petitioner. SO ORDERED. RESPONDENT AND SERVICE ADDRESS: Portfolio Recovery Associates, LLC, 120 Corporate Blvd. Norfolk, VA 23502. (Signed by Magistrate Judge Katharine H. Parker on 3/15/2024) (vfr) Transmission to Pro Se Assistants for processing.
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Filing 11
MEMO ENDORSEMENT granting #4 Motion for Permission for Electronic Case Filing. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/15/2024) (vfr)
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Filing 10
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Initial Conference set for 5/16/2024 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/15/2024) (vfr)
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Filing 9
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) and All such motions. Referred to Magistrate Judge Katharine H. Parker. Motions referred to Katharine H. Parker. (Signed by Judge Gregory H. Woods on 3/13/2024) (rro)
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| Magistrate Judge Katharine H. Parker 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. (sgz) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (sgz) |
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Filing 7
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 3/7/2024) (vn)
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| Filing 6 CERTIFICATE OF SERVICE of Petition to Vacate Arbitration Award, and Amended Petition to Vacate Arbitration Award served on Portfolio Recovery Associates, LLC on 2/28/24. Service was made by Mail to Mr. Robert E. Sickles, Esq. Document filed by Marilena C. Parolise. (sc) Modified on 3/6/2024 (sc). |
| Filing 5 AMENDED PETITION TO VACATE ARBITRATION AWARD AND DEMAND FOR TRIAL DE NOVO.Document filed by Marilena C. Parolise. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(sc) |
| Filing 4 MOTION for Permission for Marilena C. Parolise to participate in electronic case filing in this case. Document filed by Marilena C. Parolise. (sac) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Marilena C. Parolise consents to receive electronic service via the ECF system. Document filed by Marilena C. Parolise. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Marilena C. Parolise. (sac) |
| Filing 1 PETITION TO VACATE ARBITRATION AWARD AND DEMAND FOR TRIAL DE NOVO ARBITRATION.Document filed by Marilena C. Parolise. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Marilena C. Parolise | |
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| Respondent: Portfolio Recovery Associates, LLC | |
| Represented By: | Jonathan Patrick Floyd |
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