Shenberger v. FEDLOAN SERVICING
| Max Shenberger |
| Equifax Information Services, LLC, Experian Information Solutions, Inc., TransUnion, LLC and Fedloan Servicing |
| 7:2022cv05304 |
| June 23, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Both |
Docket Report
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| Filing 41 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Fedloan Servicing pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Max Shenberger. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Saland, Tamir) |
Filing 40
ORDER OF DISMISSAL: The Court has been advised that the parties have reached a settlement in principle in this case. (Doc. #39). Accordingly, it is hereby ORDERED that this action is dismissed without costs, and without prejudice to the right to restore the action to the Court's calendar, provided the application to restore the action is made by no later than February 27, 2023. To be clear, any application to restore the action must be filed by February 27, 2023, and any application to restore the action filed thereafter may be denied solely on the basis that it is untimely. All other deadlines, scheduled conferences, or other scheduled court appearances are cancelled. Any pending motions are moot. The Clerk is instructed to close the case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/28/2022) (ama)
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| Filing 39 NOTICE of Settlement as to FedLoan Servicing. Document filed by Max Shenberger..(Saland, Tamir) |
| Set/Reset Deadlines: Motions due by 2/27/2023. (ama) |
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Filing 38
STIPULATION AND ORDER REGARDING CONFIDENTIALITY AND PRIVILEGE...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/21/2022) (ama)
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Filing 37
ORDER REGARDING SEALED DOCUMENTS: The Court having So Ordered the parties' Stipulation and Order Regarding Confidentiality and Privilege, dated October 21, 2022, which, among other things, provides for the filing of documents under seal, it is further ORDERED: The parties shall consult and comply with the instructions for filing documents under seal, as set forth in: (i) Section 6 of the Court's Electronic Case Filing Rules & Instructions; (ii) the Court's "Sealed Records Filing Instructions," available at https://nysd.uscourts.gov/programs/records; and (iii) Judge Briccetti's Individual Practices. A full and unredacted comiesy copy of any submission of documents electronically filed under seal shall be provided to Chambers as soon as practicable, marked "Chambers Copy" and "Contains Confidential Information Filed Under Seal." SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/21/2022) (ama)
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| Filing 36 PROPOSED STIPULATION AND ORDER. Document filed by Fedloan Servicing..(Michaels, Adam) |
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Filing 35
ORDER OF PARTIAL DISMISSAL The Court has been advised that plaintiff and defendant Experian Information Solutions, Inc. ("Experian"), have reached a settlement in principle in this case. (Doc. #34). Accordingly, it is hereby ORDERED that this action is dismissed against defendant Experian, only, without costs, and without prejudice to the right to restore the action against defendant Experian to the Court's calendar, provided the application to restore the action is made by no later than November 28, 2022. To be clear, any application to restore the action against Experian must be filed by November 28, 2022, and any application to restore the action against Experian filed thereafter may be denied solely on the basis that it is untimely. The Clerk is instructed to terminate Experian Information Solutions, Inc., as a defendant in this case. SO ORDERED. (Motions due by 11/28/2022.), Experian Information Solutions, Inc. terminated. (Signed by Judge Vincent L. Briccetti on 9/27/2022) (jca)
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| Filing 34 NOTICE of Settlement as to Experian Information Solutions. Document filed by Max Shenberger..(Saland, Tamir) |
| Filing 33 NOTICE OF VOLUNTARY DISMISSAL AS TO TRANS UNION, LLC: IT IS HEREBY AGREED TO by the Plaintiff and Plaintiffs attorney, and the Defendant, Trans Union, LLC that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee, and no person not a party has an interest in the subject matter of the action, that the above entitled action specifically with regard to Defendant, Trans Union, LLC, shall be and hereby is dismissed with prejudice and on the merits, without costs, or disbursements, or attorney's fees to any party pursuant to Rule 4l(a)(l)(A)(i) of the Federal Rules of Civil Procedure, and that a dismissal with prejudice may be entered in the above entitled action pursuant hereto. (Signed by Judge Vincent L. Briccetti on 9/16/2022) (jca) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #32 Notice of Voluntary Dismissal, was reviewed and referred to Judge Vincent L. Briccetti for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety;. (nd) |
| Filing 32 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) TransUnion, LLC. Document filed by Max Shenberger. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Saland, Tamir) |
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Filing 31
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Motions due by 11/3/2022. Non-expert depositions shall be completed by 12/30/2022. Expert Deposition due by 3/17/2023. Fact Discovery due by 1/31/2023. Expert Discovery due by 3/17/2023. Discovery due by 4/3/2023. The parties have conferred and their present best estimate of the length of the trial is 1-2 days. Case Management Conference set for 4/17/2023 at 09:30 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 9/14/2022) (mml)
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| Filing 30 PROPOSED CASE MANAGEMENT PLAN. Document filed by Max Shenberger..(Saland, Tamir) |
| Set/Reset Deadlines: Motions due by 11/8/2022. (mml) |
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ORDER: The Court has reviewed the parties' proposed Civil Case Discovery Plan and Scheduling Order and will sign and separately docket the Order. The initial conference scheduled for 10/3/2022 at 10:30 a.m. is cancelled. To be clear, the Court will not hold the initial conference as scheduled. The next case management conference in this case is scheduled for 4/17/2023 at 9:30 a.m., to be held in courtroom 620 in the White Plains courthouse. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
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Filing 29
ORDER OF PARTIAL DISMISSAL: The Court has been advised plaintiff and defendant Equifax Information Services, Inc., have settled this case. Accordingly, it is hereby ORDERED that this action is dismissed as to Equifax Information Services, Inc., only, without costs, and without prejudice to the right to restore Equifax Information Services, Inc. to the action, provided the application to restore Equifax Information Services, Inc., to the action is made by no later than November 8, 2022. To be clear, any application to restore Equifax Information Services, Inc., to the action must be filed by November 8, 2022, and any application to restore Equifax Information Services, Inc., to the action filed thereafter may be denied solely on the basis that it is untimely. The Clerk is instructed to terminate Equifax Information Services, Inc., from the docket. SO ORDERED. Equifax Information Services, LLC terminated. (Signed by Judge Vincent L. Briccetti on 9/9/2022) (mml)
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| Filing 28 NOTICE of Settlement as to Equifax Information Services LLC. Document filed by Max Shenberger..(Saland, Tamir) |
| Filing 27 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 10/3/2022 at 10:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. PLAINTIFF, OR COUNSEL FOR PLAINTIFF, SHALL NOTIFY ALL PARTIES, IN WRITING, OF THE CONFERENCE DATE AND TIME, AND PROVIDE ALL PARTIES WITH A COPY OF THIS NOTICE AND THE ATTACHED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER (UNLESS THE CASE HAS BEEN REMOVED FROM STATE COURT, IN WHICH EVENT COUNSEL FOR THE REMOVING DEFENDANT(S) SHALL PROVIDE SUCH NOTICE TO ALL PARTIES)..(ama) |
| Filing 26 ANSWER to #1 Complaint. Document filed by Fedloan Servicing. (Attachments: #1 Affidavit Declaration in Support of Answer and Affirmative Defenses).(Michaels, Adam) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fedloan Servicing..(Michaels, Adam) |
| Filing 24 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Equifax Information Services, LLC..(Brownstein, Boris) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Equifax Inc. for Equifax Information Services, LLC. Document filed by Equifax Information Services, LLC..(Brownstein, Boris) |
| Filing 22 SUMMONS RETURNED EXECUTED. Experian Information Solutions, Inc. served on 7/5/2022, answer due 7/26/2022. Service was accepted by Kartik Pandya. Document filed by Max Shenberger..(Saland, Tamir) |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer: By 8/22/2022, defendant Equifax Information Services, LLC, shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
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| Filing 20 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Vincent L. Briccetti from Equifax Information Services LLC dated July 28, 2022. Document filed by Equifax Information Services, LLC..(Brownstein, Boris) |
| Filing 19 NOTICE OF APPEARANCE by Boris Brownstein on behalf of Equifax Information Services, LLC..(Brownstein, Boris) |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Answer: By 8/29/2022, defendant FedLoan Servicing shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
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| Filing 17 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Vincent L. Briccetti from Adam B. Michaels dated July 20, 2022. Document filed by Fedloan Servicing..(Michaels, Adam) |
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Filing 16
ORDER OF PARTIAL DISMISSAL: The Court has been advised plaintiff and defendant Trans Union, LLC, have resolved this case. Accordingly, it is hereby ORDERED that this action is dismissed as to TransUnion, LLC, only, without costs, and without prejudice to the right to restore TransUnion, LLC, to the action, provided the application to restore Trans Union, LLC, to the action is made by no later than September 19, 2022. To be clear, any application to restore TransUnion, LLC, to the action must be filed by September 19, 2022, and any application to restore TransUnion, LLC, to the action filed thereafter may be denied solely on the basis that it is untimely. The Clerk is instructed to terminate Trans Union, LLC, from the docket. SO ORDERED. TransUnion, LLC terminated. (Signed by Judge Vincent L. Briccetti on 7/20/2022) (mml)
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| Set/Reset Deadlines: Motions due by 9/19/2022. (mml) |
| Filing 15 NOTICE of Settlement as to TransUnion LLC. Document filed by Max Shenberger..(Saland, Tamir) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time to Answer: By 8/5/2022, defendant TransUnion, LLC, shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
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| Filing 13 LETTER MOTION for Extension of Time to File Answer for Defendant Transunion addressed to Judge Vincent L. Briccetti from Plaintiff dated 7/15/2022. Document filed by Max Shenberger..(Saland, Tamir) |
| Filing 12 SUMMONS RETURNED EXECUTED. Equifax Information Services, LLC served on 7/1/2022, answer due 7/22/2022. Document filed by Max Shenberger..(Saland, Tamir) |
| Filing 11 SUMMONS RETURNED EXECUTED. TransUnion, LLC served on 7/1/2022, answer due 7/22/2022. Document filed by Max Shenberger..(Saland, Tamir) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to TransUnion, LLC..(jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Fedloan Servicing..(jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Experian Information Solutions, Inc...(jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Equifax Information Services, LLC..(jgo) |
| 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..(jgo) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 6 CIVIL COVER SHEET filed..(Saland, Tamir) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to TransUnion, LLC, re: #1 Complaint. Document filed by Max Shenberger..(Saland, Tamir) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to FedLoan Servicing, re: #1 Complaint. Document filed by Max Shenberger..(Saland, Tamir) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Experian Information Solutions, Inc., re: #1 Complaint. Document filed by Max Shenberger..(Saland, Tamir) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Equifax Information Services, LLC, re: #1 Complaint. Document filed by Max Shenberger..(Saland, Tamir) |
| Filing 1 COMPLAINT against Equifax Information Services, LLC, Experian Information Solutions, Inc., Fedloan Servicing, TransUnion, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26321636)Document filed by Max Shenberger..(Saland, Tamir) |
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