Gartenhaus et al v. Financial Recovery Services, Inc.
| Shalom Stern and Esther Gartenhaus |
| Financial Recovery Services, Inc. |
| 7:2020cv09900 |
| November 24, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
Docket Report
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter, filed by Shalom Stern, Esther Gartenhaus. ENDORSEMENT: Plaintiff shall file an amended complaint by 1/18/2021. SO ORDERED. (Amended Pleadings due by 1/18/2021.) (Signed by Judge Vincent L. Briccetti on 1/5/2021) (mml)
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| Filing 13 LETTER addressed to Judge Vincent L. Briccetti from Jonathan M. Cader dated January 4, 2021 re: Plaintiff's intention to file an amended Complaint in response to Defendant's motion to dismiss. Document filed by Esther Gartenhaus, Shalom Stern..(Cader, Jonathan) |
| Filing 12 NOTICE OF APPEARANCE by Jonathan Mark Cader on behalf of Esther Gartenhaus, Shalom Stern..(Cader, Jonathan) |
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Filing 11
ORDER: On December 21, 2020, defendant moved to dismiss the complaint. (Doc. #9). Accordingly, it is hereby ORDERED that, by no later than January 4, 2021, plaintiffs must notify the Court by letter whether they (i) intend to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant's motion, See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiffs elect to file an amended complaint, they must file the amended complaint by no later than 14 days after notifying the Court of its intent to do so. Within 21 days of such amendment, defendant may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss. (Signed by Judge Vincent L. Briccetti on 12/22/2020) (mml)
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| Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss . . Document filed by Financial Recovery Services, Inc...(Etmund, Michael) |
| Filing 9 MOTION to Dismiss . Document filed by Financial Recovery Services, Inc...(Etmund, Michael) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Financial Recovery Services, Inc...(Etmund, Michael) |
| Filing 7 NOTICE OF APPEARANCE by Michael Thomas Etmund on behalf of Financial Recovery Services, Inc...(Etmund, Michael) |
| Filing 6 SUMMONS RETURNED EXECUTED. Financial Recovery Services, Inc. served on 11/30/2020, answer due 12/21/2020. Service was accepted by Brian C. Bowers, CEO. Document filed by Esther Gartenhaus..(Sanders, Craig) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Financial Recovery Services, Inc...(gp) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Craig B. Sanders. The party information for the following party/parties has been modified: ALL PLAINTIFFS. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (gp) |
| 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(gp) |
| Case Designated ECF. (gp) |
| Filing 4 NOTICE OF APPEARANCE by David Michael Barshay on behalf of Esther Gartenhaus..(Barshay, David) |
| Filing 3 CIVIL COVER SHEET filed..(Sanders, Craig) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Financial Recovery Services, Inc., re: #1 Complaint. Document filed by Esther Gartenhaus..(Sanders, Craig) |
| Filing 1 COMPLAINT against Financial Recovery Services, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22732906)Document filed by Esther Gartenhaus. (Attachments: #1 Exhibit, #2 Exhibit).(Sanders, Craig) |
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