Wilner et al v. Leopold & Associates, PLLC et al
Plaintiff: Nochum C. Wilner and Esty Wilner
Defendant: Leopold & Associates, PLLC, OCWEN Loan Servicing, LLC and John and Jane Does
Case Number: 7:2015cv09374
Filed: November 30, 2015
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: Rockland
Presiding Judge: Kenneth M. Karas
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. ยง 1692
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
April 22, 2024 Opinion or Order Filing 194 OPINION & ORDER re: 191 MOTION for Reconsideration re; 189 MOTION for Reconsideration re; 188 Order, 190 MOTION for Reconsideration re; 189 MOTION for Reconsideration re; 188 Order, B rief in Support filed by STLLP Limited Liability Partnership f/k/a Stern Thomasson LLP, 189 MOTION for Reconsideration re; 188 Order, filed by STLLP Limited Liability Partnership f/k/a Stern Thomasson LLP, 190 M OTION for Reconsideration re; 189 MOTION for Reconsideration re; 188 Order, Brief in Support filed by STLLP Limited Liability Partnership f/k/a Stern Thomasson LLP. For these reasons, Plaintiff's motion for reconsideration is DENIED. The clerk of the Court is respectfully requested to terminate the pending motion (ECF Nos. 189-191). SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 4/22/2024) (mml)
December 12, 2023 Opinion or Order Filing 188 ORDER: For the reasons above, the Court divides the $53,000.00 by first allocating costs of $512.60 to Kleinman LLC, $6,021.45 to STLLP, and $40.26 to KLF. The Court divides the remaining balance by awarding attorney's fees of $15,320.48 to Kleinman and $31,105.21 to Philip Stern and KLF. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 12/12/2023) (ks) Transmission to Finance Unit (Cashiers) for processing.
August 30, 2023 Opinion or Order Filing 175 ORDER granting 165 Motion re: 165 MOTION to Fix the Deadline for Former Counsel to Move with Respect to its Claimed Attorney's Charging Lien . Accordingly, the Court orders that by September 22, 2023, all present and forme r Plaintiffs' counsel seeking a portion of the above-referenced $53,000 submit a fee-request by letter-motion explaining what portion of this amount they are entitled to and including/attaching any supporting information. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 8/30/2023) (tg)
August 2, 2023 Opinion or Order Filing 172 ORDER with respect to 165 Motion re: 165 MOTION to Fix the Deadline for Former Counsel to Move with Respect to its Claimed Attorney's Charging Lien . The Court is in receipt of Plaintiff's July 31, 2021, motion. (ECF No. 165). Counsel for STLLP is directed to file a response to this motion on or before August 16, 2023. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 8/2/2023) (tg)
January 25, 2022 Opinion or Order Filing 162 FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT AGREEMENT: Accordingly, and for good cause shown, the Court hereby ORDERS, ADJUDGES, AND DECREES as follows: 1. The Court has jurisdiction over the subject matter of the Lawsuit, the Parties, and al l members of the Class. 2. The Court APPROVES the Class Action Settlement Agreement and the capitalized terms in this Order shall have the same meaning as set forth in the Agreement. Accordingly: a. This Order is the Final Approval Order. b. The Par ties and Class Counsel are hereby directed to complete the settlement in accordance with the Agreement. c. In accordance with 3.a. of the Agreement, each Remaining Class Members release Defendants of the Class Claims. d. In accordance with 3.b. of the Agreement, each Plaintiff releases Defendants of his or her claims which, as of the date he or she sign the Agreement, he or she could have asserted against Defendant in this Lawsuit or by commencing either a civil action or an arbitration pr oceeding. e. The Administrator shall distribute the Class Fund to the Remaining Class Members within the time provided in the Agreement. 3. The Court APPROVES the award of $3,000 to each Plaintiff including the award of $2,000 as an incenti ve award. 4. The Court APPROVES the award of $53,000 to Class Counsel for attorneys' fees, costs, and litigation expenses. 5. The Court approves the Parties' request to designate The Legal Aid Society of Westchester County as the Benef iciary to receive any undistributed Class Funds. 6. The Court further reserves and retains exclusive and continuing jurisdiction over the Settlement concerning the administration and enforcement of the Settlement Agreement and to effectuate its terms. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/25/2022) (ks)
September 27, 2021 Opinion or Order Filing 154 ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT: IT IS HEREBY ORDERED: 1. Plaintiffs' Motion is GRANTED. 2. The Court will conduct a Hearing as to whether the Settlement is fair, reasonable, and adequate. The Hearing i s scheduled for the date and time set forth in P 9. The Court may adjourn the Hearing to a later date and time without further notice to the Class. 3. The Court approves the form of Class Notice submitted with Plaintiffs Motion. 4. The Court approves serving the Class Notice by mail pursuant to the notice plan set forth in the Settlement which includes, among other things, updating address records from the U.S. Post Office's National Change of Address Database, re-mailing of returned notic es when updated addresses are available, and the exclusion of those class members who do not receive the Class Notice. As further set forth in this Order. The following dates and/or times are set for the following: a. Class Notice Mailing Deadli ne: October 1, 2021; b. Exclusion Deadline: November 5, 2021; c. Objection Deadline: November 5, 2021; d. Submission Deadline: November 19, 2021; e. Hearing: December 3, 2021 at 10:00 A.M. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 9/27/2021) ( Status Conference set for 12/3/2021 at 10:00 AM before Magistrate Judge Paul E. Davison.) (ks)
April 9, 2021 Opinion or Order Filing 137 DISCOVERY ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery i ssues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the court as hereinafter set forth. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/9/2021) (ks)
December 11, 2019 Opinion or Order Filing 121 CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for oral argument on Plaintiffs' Motion to Certify Class before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, January 21, 2020 at 2:00 p.m. in Courtroom 521, U. S. District Court, 300 Quarropas Street, White Plains, New York 10601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least ten business days beforehand. SO ORDERED. (Oral Argument set for 1/21/2020 at 02:00 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 12/11/2019) (jca)
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Plaintiff: Nochum C. Wilner
Represented By: Abraham Kleinman
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Plaintiff: Esty Wilner
Represented By: Abraham Kleinman
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Defendant: Leopold & Associates, PLLC
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Defendant: OCWEN Loan Servicing, LLC
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Defendant: John and Jane Does
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