Weiss v. American Express Legal et al
| Salomon Weiss |
| Alexander Fink, Esq., American Express Legal and American Express Company |
| 7:2020cv03918 |
| May 20, 2020 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 1, 2020. A more recent docket listing may be available from PACER.
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Filing 26
ORDER re: #25 Status Report filed by Salomon Weiss: On consent, Plaintiff is hereby ordered to arbitrate his claims against Defendants, and Plaintiff's claims against Defendants are hereby stayed pending arbitration. The parties shall submit a joint status letter within 14 days of the arbitrator's decision. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
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| Filing 25 STATUS REPORT. Document filed by Salomon Weiss..(Fishbein, Adam) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 6/16/2020. Plaintiff's counsel Adam Fishbein, Esq. appears telephonically. Defendants' counsel Raymond Garcia, Esq. appears telephonically. Law Clerk Max Bernstein appears telephonically. The Court grants Plaintiff leave to amend Complaint. Plaintiff's Amended Complaint to be submitted by June 23, 2020. Defendants' Motion to Compel to be submitted by July 7, 2020; Plaintiff's opposition due August 7, 2020; Defendants' reply due August 28, 2020. The Court will issue a ruling from the bench as to Defendant's Motion to Compel on October 13, 2020 at 10:00 a.m. See transcript. (Bench Ruling set for 10/13/2020 at 10:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel). (Court Reporter Sue Ghorayeb) (wc) |
| Filing 24 LETTER RESPONSE to Motion addressed to Judge Cathy Seibel from Adam J. Fishbein dated June 15,2020 re: #22 LETTER MOTION for Conference /Raymond A. Garcia Letter Motion for a Pre-Motion Conference addressed to Judge Cathy Seibel from Raymond A. Garcia dated June 5, 2020. . Document filed by Salomon Weiss..(Fishbein, Adam) |
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Filing 23
ORDER granting #22 Letter Motion for Conference: The proposed motion will be discussed at the already scheduled June 16, 2020 conference. Plaintiff shall respond to Defendant's letter (by letter of no more than 3 pages) by June 11, 2020. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 22 LETTER MOTION for Conference /Raymond A. Garcia Letter Motion for a Pre-Motion Conference addressed to Judge Cathy Seibel from Raymond A. Garcia dated June 5, 2020. Document filed by American Express Company. (Attachments: #1 Exhibit A - Cardmember Agreement).(Garcia, Raymond) |
| Filing 21 NOTICE OF INITIAL COURT CONFERENCE: Counsel for all parties herein shall appear in a telephone conference for the purpose of case management and scheduling pursuant to Fed. R. Civ. P. 16 on June 16, 2020 at 12:00 p.m. (via telephone) in Courtroom 621, Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, New York. Person(s) appearing via telephone are reminded of the general prohibition against any forms of recording and rebroadcasting of Court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Pursuant to Judge Seibel's Emergency Individual Rules and Practices in light of COVID-19, last revised on March 19, 2020, the parties are directed to attend by phone using the following information: Toll-Free Tele-conference number: (877) 336 1839 to call in and enter access code: 1047966#. Initial Conference set for 6/16/2020 at 12:00 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. Telephone Conference set for 6/16/2020 at 12:00 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel..(mml) |
| Filing 20 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:20-cv-00259. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Paul E. Davison is so designated. 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Cathy Seibel. 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. (sjo) |
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Filing 19
TRANSFER ORDER: In line with the foregoing, this case is hereby transferred to the United States District Court for the Southern District of New York. See 28 U.S.C. 112(b), 1406(a). That provision of Rule 83.1 of the Local Civil Rules of the Eastern District of New York, which provides for a seven-day delay in the transfer of a case, is waived. The Court offers no opinion on the merits of the complaint. The Clerk of Court is directed to transfer this case, to mail a copy of this Transfer Order to plaintiff, and, following transfer, to close this docket for administrative purposes. So Ordered by Judge Eric N. Vitaliano on 5/18/2020. (Almonte, Giselle) [Transferred from New York Eastern on 5/20/2020.]
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Case transferred to District of Southern Disrtict of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. So Ordered by Judge Eric N. Vitaliano on 5/18/2020. (Almonte, Giselle) [Transferred from New York Eastern on 5/20/2020.]
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| Filing 18 Consent MOTION to Change Venue by Salomon Weiss. (Fishbein, Adam) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 17 MOTION to Change Venue by Salomon Weiss. (Fishbein, Adam) [Transferred from New York Eastern on 5/20/2020.] |
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ORDER: Plaintiff's application filed as Dkt. #17 Motion to Change Venue, does not indicate whether defense counsel consents or opposes the request. Counsel shall resubmit the application by May 12, 2020. Ordered by Magistrate Judge Steven M. Gold on 5/8/2020. (Gillespie, Saudia) [Transferred from New York Eastern on 5/20/2020.]
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ORDER: On or before May 8, 2020, counsel is directed to submit a motion for transfer of jurisdiction in accordance with United States District Judge Vitaliano's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 4/30/2020. (Gillespie, Saudia) [Transferred from New York Eastern on 5/20/2020.]
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| Filing 16 STATUS REPORT by Salomon Weiss (Fishbein, Adam) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 15 Minute Entry: Telephone Conference held on 4/27/2020 before Magistrate Judge Steven M. Gold. Fishbein for plaintiff, Garcia for defendants. Plaintiff will submit a letter explaining the basis for Eastern District venue by April 28, 2020 and consider promptly dismissing his claims against the defendant identified as American Express Legal. Discovery is stayed pending a decision on defendants' anticipated motion to stay pending arbitration or further application to the Court. (Gillespie, Saudia) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 14 MOTION for pre motion conference by Alexander Fink, Esq., American Express Company. (Attachments: #1 Exhibit A - Cardmember Agreement) (Garcia, Raymond) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 13 Proposed Scheduling Order by Salomon Weiss (Fishbein, Adam) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 12 Joint MOTION to Adjourn Conference (Initial Conference scheduled for April 17, 2020) by American Express Company. (Garcia, Raymond) [Transferred from New York Eastern on 5/20/2020.] |
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ORDER: Granting #12 Motion to Adjourn Conference. The telephonic-initial conference previously scheduled for April 17, 2020 is adjourned to April 27, 2020 at 10:30 a.m. Each party is directed to call the following conference number: 877-336-1839, and use access code 3482793. Counsel is reminded to file the initial conference questionnaire two days prior to the conference. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 4/14/2020. (Gillespie, Saudia) [Transferred from New York Eastern on 5/20/2020.]
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RE-SCHEDULING ORDER: Due to a scheduling conflict the TIME of the telephonic-initial conference previously scheduled for 10:00 a.m. on April 17, 2020 is ADJOURNED to 2:30 p.m. before the undersigned. Each party is directed to call the following conference number: 877-336-1839 and use access code 3482793. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 4/10/2020. (Gillespie, Saudia) [Transferred from New York Eastern on 5/20/2020.]
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Filing 11
SCHEDULING ORDER: A telephonic initial conference will be held on April 17, 2020 at 10:00 a.m. before the undersigned. Counsel for all parties must participate. Counsel shall confer with each other, complete the attached initial conference questionnaire and electronically file two days prior to the conference. Counsel are directed to call 877-336-1839 ACCESS CODE 3482793 at the time of the conference. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 3/31/2020. (Attachments: #1 Chamber's Individual Rules) (Gillespie, Saudia) [Transferred from New York Eastern on 5/20/2020.]
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| Filing 10 ANSWER to #1 Complaint, with Affirmative Defenses by Alexander Fink, Esq.. (Garcia, Raymond) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 9 ANSWER to #1 Complaint, with Affirmative Defenses by American Express Company. (Garcia, Raymond) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 8 Corporate Disclosure Statement by American Express Company identifying Corporate Parent American Express Company, Other Affiliate American Express Travel Related Services Company, Inc., Other Affiliate Berkshire Hathaway for American Express Company. (Garcia, Raymond) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 7 STATUS REPORT by Salomon Weiss (Fishbein, Adam) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by Salomon Weiss. American Express Company waiver sent on 1/27/2020, answer due 3/27/2020. (Fishbein, Adam) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 5 WAIVER OF SERVICE Returned Executed by Salomon Weiss. Alexander Fink, Esq. waiver sent on 1/27/2020, answer due 3/27/2020. (Fishbein, Adam) [Transferred from New York Eastern on 5/20/2020.] |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Steven M. Gold for all further proceedings. Magistrate Judge Vera M. Scanlon no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 1/21/2020. (Bowens, Priscilla) [Transferred from New York Eastern on 5/20/2020.]
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 5/20/2020.] |
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ORDER REASSIGNING CASE. Case reassigned to Judge Eric N. Vitaliano for all further proceedings. Judge William F. Kuntz, II no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 1/16/2020. (Bowens, Priscilla) [Transferred from New York Eastern on 5/20/2020.]
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| Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla) [Transferred from New York Eastern on 5/20/2020.] |
| Case assigned to Judge William F. Kuntz, II and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 1 COMPLAINT against Alexander Fink, Esq., American Express Company, American Express Legal filing fee $ 400, receipt number ANYEDC-12259860 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Salomon Weiss. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Fishbein, Adam) [Transferred from New York Eastern on 5/20/2020.] |
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