Friedman v. American Express Legal et al
| Joel Friedman |
| Alexander Fink, Esq., American Express National Bank, American Express Legal and American Express Centurion Bank |
| 7:2020cv04513 |
| June 12, 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 August 9, 2020. A more recent docket listing may be available from PACER.
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| Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by Joel Friedman..(Fishbein, Adam) |
Filing 19
ORDER re: #18 Status Report filed by Joel Friedman: : 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. The conference set for 7/7/20 is canceled. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
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| Filing 18 STATUS REPORT. Document filed by Joel Friedman..(Fishbein, Adam) |
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply: Mr. Fishbein is building a track record of disregarding court orders. I hope this is the last time -- for his sake, the sake of his clients, and the sake of the Court and opposing counsel, who are inconvenienced by his failure to make the deadline and the request for adjournment that (under my Individual Practices) should have come three business days in advance. The conference is adjourned to 7/7/20 at 9:45 am. Mr. Fishbein shall submit his responsive letter no later than 7/1/20. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 16 LETTER MOTION for Extension of Time to File Response/Reply as to 15 Order on Motion for Conference, and Request to Adjourn the Initial Conference Scheduled for July 1, 2020 addressed to Judge Cathy Seibel from Adam J. Fishbein dated June 29, 2020. Document filed by Joel Friedman..(Fishbein, Adam) |
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Filing 15
ORDER granting #14 Letter Motion for Conference: The motion will be discussed at the already scheduled July 1, 2020 conference. Plaintiff shall state his position, by letter of no more than 3 pages, by June 26, 2020. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 14 LETTER MOTION for Conference (pre-motion re: proposed motion to compel arbitration) addressed to Judge Cathy Seibel from Raymond A. Garcia dated June 22, 2020. Document filed by American Express National Bank. (Attachments: #1 Exhibit A - Cardmember Agreement, #2 Exhibit B - Cardmember Agreement).(Garcia, Raymond) |
| Filing 13 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 July 1, 2020 (via telephone) at 10:00 a.m. 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 7/1/2020 at 10:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. Telephone Conference set for 7/1/2020 at 10:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel..(mml) |
| Filing 12 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:20-cv-00290. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Judith C. McCarthy 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) |
| Case transferred to Southern District 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. (Herrera, Isaiah) [Transferred from New York Eastern on 6/12/2020.] |
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ORDER granting #11 Joint Motion to Change Venue. The parties having stipulated to a transfer to the Southern District of New York, the Clerk of Court is respectfully requested to transfer this action to the United States District Court for the Southern District of New York, and close this case. Ordered by Judge Kiyo A. Matsumoto on 5/13/2020. (Mayer, Michael) [Transferred from New York Eastern on 6/12/2020.]
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| Filing 11 Joint MOTION to Change Venue by Joel Friedman. (Fishbein, Adam) [Transferred from New York Eastern on 6/12/2020.] |
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ORDER denying #10 Motion to Change Venue. Plaintiff's Motion is denied, without prejudice to re-new, for failure to comply with Section IV.B of the undersigned's Individual Practices, which require a pre-motion conference and that the the moving party submit a letter not exceeding three pages setting forth the basis for the motion and proposed briefing schedule. Accordingly, if plaintiff wishes to pursue motion practice, plaintiff shall submit a letter requesting a pre-motion conference and setting forth the basis for the motion. Defendants shall respond to plaintiff's letter within three business days. Alternatively, if all parties consent to a change of venue, the parties should file a joint letter stipulating to a change of venue. Ordered by Judge Kiyo A. Matsumoto on 5/12/2020. (Mayer, Michael) [Transferred from New York Eastern on 6/12/2020.]
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| Filing 10 MOTION to Change Venue by Joel Friedman. (Fishbein, Adam) [Transferred from New York Eastern on 6/12/2020.] |
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ORDER: Granting #9 Motion to Adjourn Conference. The telephonic-initial conference previously scheduled for May 11, 2020 is canceled. Counsel is advised any future applications should indicate whether it is being made on consent. Ordered by Magistrate Judge Steven M. Gold on 5/8/2020. (Gillespie, Saudia) [Transferred from New York Eastern on 6/12/2020.]
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| Filing 9 MOTION to Adjourn Conference by Joel Friedman. (Fishbein, Adam) [Transferred from New York Eastern on 6/12/2020.] |
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Filing 8
SCHEDULING ORDER: A telephonic-initial conference will be held on May 11, 2020 at 11:00 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. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 4/20/2020. (Attachments: #1 Chamber's Individual Rules) (Gillespie, Saudia) [Transferred from New York Eastern on 6/12/2020.]
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| Filing 7 ANSWER to #1 Complaint, by Alexander Fink, Esq.. (Garcia, Raymond) [Transferred from New York Eastern on 6/12/2020.] |
| Filing 6 ANSWER to #1 Complaint, by American Express National Bank. (Garcia, Raymond) [Transferred from New York Eastern on 6/12/2020.] |
| Filing 5 Corporate Disclosure Statement by American Express National Bank identifying Corporate Parent American Express Company, Other Affiliate American Express Travel Related Services Company, Inc., Other Affiliate Berkshire Hathaway for American Express National Bank. (Garcia, Raymond) [Transferred from New York Eastern on 6/12/2020.] |
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ORDER REASSIGNING CASE. Case reassigned to Judge Kiyo A. Matsumoto for all further proceedings. Judge Frederic Block 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. (Brown, Marc) [Transferred from New York Eastern on 6/12/2020.]
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ORDER REASSIGNING CASE. Case reassigned to Judge Frederic Block 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 1/21/2020. (Brown, Marc) [Transferred from New York Eastern on 6/12/2020.]
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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 6/12/2020.] |
| 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 6/12/2020.] |
| Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla) [Transferred from New York Eastern on 6/12/2020.] |
| Case assigned to Judge William F. Kuntz, II and Magistrate Judge Steven M. Gold. 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 6/12/2020.] |
| Filing 1 COMPLAINT against Alexander Fink, Esq., American Express Legal, American Express National Bank filing fee $ 400, receipt number ANYEDC-12265516 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Joel Friedman. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Fishbein, Adam) [Transferred from New York Eastern on 6/12/2020.] |
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