Consumer Financial Protection Bureau v. Manseth et al
| Consumer Financial Protection Bureau |
| Craig Manseth, Jacob Adamo, Darren Turco, United Debt Holding LLC, JTM Capital Management, LLC, United Holdings Group, LLC, UHG I LLC, UGH LLC, United Holding Group, UHG II LLC and UHG, LLC |
| 1:2022cv00029 |
| January 10, 2022 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Other Statutory Actions |
| 28 U.S.C. § 3001 Federal Debt Collection Act |
| None |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
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Filing 62
MOTION for Extension of Time to File to respond to Amended Complaint by Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, UHG, LLC.(Little, Brendan)
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Filing 61
MOTION to Stay by Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, UHG, LLC, United Debt Holding LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A)(Little, Brendan)
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Filing 60
DECISION AND ORDER: The defendants' motions to dismiss, Docket Items 30 and 31, are DENIED. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/22/2023.(WMH)
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Filing 59
NOTICE of Change of Address by Matthew C. Arentsen (Arentsen, Matthew)
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Filing 58
NOTICE of Change of Address by Sarah J Auchterlonie (Auchterlonie, Sarah)
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Filing 57
NOTICE by Consumer Financial Protection Bureau Notice of Supplemental Authority (Attachments: #1 Second Circuit Opinion)(Garlock, Stephanie)
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Filing 56
REPLY/RESPONSE to re #55 Reply/Response, #52 Memorandum/Brief, Defendants' Reply Brief Regarding Unavailability of Vicarious Liability Under the Consumer Financial Protection Act filed by Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, UHG, LLC, United Debt Holding LLC. (Auchterlonie, Sarah)
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Filing 55
REPLY/RESPONSE to re #52 Memorandum/Brief, filed by Consumer Financial Protection Bureau. (Brenowitz, Stephanie)
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Filing 54
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT held on 1/12/23, before Judge Lawrence J. Vilardo. Court Reporter/Transcriber Ann M. Sawyer, Ann_Sawyer@nywd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/17/2023. Redacted Transcript Deadline set for 2/27/2023. Release of Transcript Restriction set for 4/27/2023. (AS)
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Filing 53
TEXT ORDER granting #51 Motion for Pro Hac Vice Admission of Matthew C. Arentsen. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/26/2023. (CMD)Clerk to Follow up
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Filing 52
MEMORANDUM/BRIEF re 50 Oral Argument,,,,, Terminate Motions,,,, Defendants' Brief Regarding Unavailability of Vicarious Liability Under the Consumer Financial Protection Act by Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, UHG, LLC, United Debt Holding LLC. (Auchterlonie, Sarah)
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Filing 51
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-4778540.) by Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, UHG, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit Application for Admission, #3 Exhibit Attorney Oath, #4 Exhibit Civility Oath, #5 Exhibit Sponsor Affidavit, #6 Exhibit ECF Application)(Little, Brendan)
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Filing 50
Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re #31 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JTM Capital Management, LLC, United Debt Holding LLC and #30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM held on 1/12/2023. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court grants #42 Plaintiff's Motion for Leave to File Sur-Reply. Plaintiff's Sur-Reply is accepted and defendants' response is accepted as a Sur-Sur-Reply. Court set deadline for defendants' 10-page supplemental brief to be filed by 1/26/2023. Plaintiff's responses is due by 2/9/2023. Defendants' reply, if any, is due by 2/16/2023. Matter will then be taken under advisement. Appearances by ZOOM Video Conference: For plaintiff: Shirley T. Chiu, Stephanie C. Brenowitz, Vanessa A. Buchko, and Stephanie B. Garlock. For defendants: Brendan H. Little, Richard M. Scherer, Jr., Sarah J. Auchterlonie, and Matthew Arentson. (Defendants present by teleconference: Craig Manseth, Jacob Adamo, and Michael Taulbee, Affiliate of UHG.) (Court Reporter Ann M. Sawyer.) (CMD)
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Filing 49
REPLY/RESPONSE to re #47 Notice (Other), Defendants' Notice of Supplemental Authority filed by Consumer Financial Protection Bureau. (Garlock, Stephanie)
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Filing 48
NOTICE of Appearance by Stephanie B. Garlock on behalf of Consumer Financial Protection Bureau (Garlock, Stephanie)
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Filing 47
NOTICE by Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, UHG, LLC, United Debt Holding LLC Notice of Supplemental Authority (Attachments: #1 Exhibit 1- Order CFSA v. CFPB case 21-50826 (5th Cir.))(Auchterlonie, Sarah)
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Filing 46
TEXT ORDER re #31 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JTM Capital Management, LLC, United Debt Holding LLC; #30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Darren Turco, Jacob Adamo, UHG, LLC, Craig Manseth, UHG II LLC, UHG I LLC, and #42 MOTION for Leave to File Sur-Reply or in the alternative to Strike, and Notice of Motion MOTION to Strike filed by Consumer Financial Protection Bureau. Oral Argument set for 1/12/2023 at 12:30 PM in U.S. Courthouse, 2 Niagara Square, Niagara Courtroom, 8th Floor West, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. Public access to the proceeding can be obtained by viewing Judge Vilardo's calendar on the public website at www.nywd.uscourts.gov, or by contacting Judge Vilardo's chambers at (716) 551-1621. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/20/2022. (CMD)
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Filing 45
NOTICE of Withdrawal of Attorney: Lindsay Castanien no longer appearing for Plaintiff Consumer Financial Protection Bureau. CLERK TO FOLLOW UP. (Buchko, Vanessa)
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Filing 44
RESPONSE in Opposition re #42 MOTION for Leave to File Sur-Reply or in the alternative to Strike, and Notice of Motion MOTION to Strike and Defendants' Counter-Motion to Strike the Motion for Leave's Arguments on the Merits of the Motions to Dismiss [30 and 31] filed by Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, UHG, LLC, United Debt Holding LLC. (Auchterlonie, Sarah)
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Filing 43
NOTICE of Appearance by Shirley T. Chiu on behalf of Consumer Financial Protection Bureau (Chiu, Shirley)
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E-Filing Notification: #42 MOTION; Clerk added additional relief to match papers filed, MOTION to Strike. (JLV)
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Filing 42
MOTION for Leave to File Sur-Reply, MOTION to Strike by Consumer Financial Protection Bureau. (Attachments: #1 Memorandum in Support of Motion for Leave to File Sur-Reply, or in the alternative, Motion to Strike)(Brenowitz, Stephanie). Added MOTION to Strike on 5/25/2022 (JLV).
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Filing 41
REPLY to Response to Motion re #31 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JTM Capital Management, LLC, United Debt Holding LLC. (Auchterlonie, Sarah)
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Filing 40
REPLY to Response to Motion re #30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jacob Adamo, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, UHG, LLC. (Auchterlonie, Sarah)
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Filing 39
TEXT ORDER granting #38 Consent Motion for Extension of Time to File Reply and Motion for Leave to File Excess Pages. The time for the defendants to reply in further support of their motions to dismiss is extended until 5/12/2022. The page limit for the defendants' replies is increased to 15 pages. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/26/2022. (WMH)
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Filing 38
Consent MOTION for Extension of Time to File Response/Reply , Consent MOTION for Leave to File Excess Pages by Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, UHG, LLC, United Debt Holding LLC.(Little, Brendan)
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Filing 37
MEMORANDUM in Opposition re #31 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #30 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Consumer Financial Protection Bureau. (Buchko, Vanessa)
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Filing 36
TEXT ORDER granting #34 Second Motion for Extension of Time and Motion for Leave to Combine Responses. The time for the Bureau to respond to the motions to dismiss is extended until 4/21/2022. The Bureau may combine its two responses into one 70-page response. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/15/2022. (WMH)
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Filing 35
RESPONSE in Opposition re #34 Second MOTION for Extension of Time to File Response/Reply Defendants Motions to DismissFirst MOTION Leave to combine responses to Defendants two Motions to Dismiss into one omnibus response filed by Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, UHG, LLC, United Debt Holding LLC. (Scherer, Richard)
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Filing 34
Second MOTION for Extension of Time to File Response/Reply Defendants Motions to Dismiss, First MOTION Leave to combine responses to Defendants two Motions to Dismiss into one omnibus response by Consumer Financial Protection Bureau.(Castanien, Lindsay)
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Filing 33
TEXT ORDER granting #32 Consent Motion for Extension of Time to File Response and Motion for Leave to File Excess Pages. The page limit for the Bureau's responses to the #30 , #31 motions to dismiss is increased to 35 pages. The time for the Bureau to respond to the motions to dismiss is extended until 4/18/2022. The defendants' replies are due by 4/25/2022. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/28/2022. (WMH)
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Filing 32
Consent MOTION for Extension of Time to File Response/Reply to Motions to Dismiss, Consent MOTION for Leave to File Excess Pages in Opposition to Defendants' Motions to Dismiss by Consumer Financial Protection Bureau.(Castanien, Lindsay)
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Filing 31
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JTM Capital Management, LLC, United Debt Holding LLC. (Attachments: #1 Memorandum in Support of Their Joint Motion to Dismiss)(Auchterlonie, Sarah)
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Filing 30
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jacob Adamo, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, UHG, LLC. (Attachments: #1 Memorandum in Support of Their Joint Motion to Dismiss)(Auchterlonie, Sarah)
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Filing 29
TEXT ORDER granting #25 Motion for Pro Hac Vice of Sarah J. Auchterlonie, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/17/2022. (CMD)
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Filing 28
TEXT ORDER granting #26 , #27 Motions for Leave to File Excess Pages. The page limit for defendants Manseth's, Adamo's, Turco's, UHG LLC's, UHG I LLC's, and UHG II LLC's memorandum in support of their motion to dismiss and defendants United Debt Holding, LLC's and JTM Capital Management, LLC's memorandum in support of their motion to dismiss is increased to 35 pages. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/14/2022. (WMH)
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Filing 27
Consent MOTION for Leave to File Excess Pages in support of Defendants' Motion to Dismiss by JTM Capital Management, LLC, United Debt Holding LLC. (Attachments: #1 Memorandum in Support)(Little, Brendan)
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Filing 26
Consent MOTION for Leave to File Excess Pages in support of Defendants' Motion to Dismiss by Jacob Adamo, Craig Manseth, Darren Turco, UGH LLC, UHG I LLC, UHG II LLC. (Attachments: #1 Memorandum in Support)(Little, Brendan)
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Filing 25
MOTION to appear pro hac vice Sarah J. Auchterlonie ( Filing fee $ 200 receipt number ANYWDC-4524243.) by Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UGH LLC, UHG I LLC, UHG II LLC, United Debt Holding LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit Application for Admission, #3 Exhibit Attorney Oath, #4 Exhibit Civility Oath, #5 Exhibit Sponsor Affidavit, #6 Exhibit ECF Application)(Little, Brendan)
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Filing 24
Corporate Disclosure Statement by UGH LLC identifying Corporate Parent Red Skye, LLC, Corporate Parent JTM Holdings III, LLC, Corporate Parent Big Skye, LLC, Corporate Parent MCT Holdings, LLC for UGH LLC.. (Little, Brendan)
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Filing 23
Corporate Disclosure Statement by UHG II LLC identifying Corporate Parent UHG LLC for UHG II LLC.. (Little, Brendan)
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Filing 22
Corporate Disclosure Statement by UHG I LLC identifying Corporate Parent UHG LLC for UHG I LLC.. (Little, Brendan)
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Filing 21
Corporate Disclosure Statement by United Debt Holding LLC. (Little, Brendan)
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Filing 20
Corporate Disclosure Statement by JTM Capital Management, LLC. (Little, Brendan)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
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Filing 19
TEXT ORDER granting #17 Motion for Extension of Time. The time for the defendants to respond to the amended complaint is extended until 3/21/2022. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/24/2022. (WMH)
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Filing 18
NOTICE of Appearance by Richard Mark Scherer, Jr on behalf of Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC, United Debt Holding LLC (Scherer, Richard)
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Filing 17
Consent MOTION for Extension of Time to File response to Amended Complaint by Jacob Adamo, JTM Capital Management, LLC, Craig Manseth, Darren Turco, UHG I LLC, UHG II LLC.(Little, Brendan)
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Filing 16
AMENDED COMPLAINT against All Defendants, filed by Consumer Financial Protection Bureau. (Attachments: #1 Exhibit Amended Complaint Redline, #2 Certificate of Service)(Castanien, Lindsay)
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Filing 15
AFFIDAVIT of Service for Complaint and Summons to UHG, LLC served on Jacob Adamo on 01/31/2022, filed by Consumer Financial Protection Bureau. (Castanien, Lindsay)
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Filing 14
AFFIDAVIT of Service for Complaint and Summons to UHG I LLC served on Brendan Little on 01/31/2022, filed by Consumer Financial Protection Bureau. (Castanien, Lindsay)
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Filing 13
WAIVER OF SERVICE Returned Executed by Consumer Financial Protection Bureau. UHG II LLC waiver sent on 2/11/2022, answer due 4/12/2022. (Castanien, Lindsay)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
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Filing 12
TEXT ORDER granting #11 Consent Motion for Extension of Time. The time for defendants UHG, LLC and UHG I LLC to answer or otherwise respond to the complaint is extended until 3/14/2022. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/15/2022. (WMH)
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Filing 11
Consent MOTION for Extension of Time to File response to the Complaint by UHG I LLC.(Little, Brendan)
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Filing 10
Summons Issued as to United Holdings Group, LLC. (JLV)
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Filing 9
NOTICE by Consumer Financial Protection Bureau re #8 Notice (Other) Certificate of Service (Brenowitz, Stephanie)
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Filing 8
NOTICE by Consumer Financial Protection Bureau to Court re Rescinded Waiver of Service (Attachments: #1 Exhibit Defs. Corr. re Invalid Waiver)(Brenowitz, Stephanie)
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Filing 7
Original Summons Filed. (Brenowitz, Stephanie)
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Filing 6
Original Summons Filed. (Brenowitz, Stephanie)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
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Filing 5
WAIVER OF SERVICE Returned Executed by Consumer Financial Protection Bureau. All Defendants. (Attachments: #1 Certificate of Service, #2 Certificate of Service, #3 Certificate of Service, #4 Certificate of Service, #5 Certificate of Service)(Castanien, Lindsay)
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Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
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Original Summons Not Submitted (TMK)
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Filing 4
NOTICE of Appearance by Stephanie C. Brenowitz on behalf of Consumer Financial Protection Bureau (Brenowitz, Stephanie)
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Filing 3
CONTINUATION OF EXHIBITS by Consumer Financial Protection Bureau. to #1 Complaint Attachment to Civil Cover Sheet filed by Consumer Financial Protection Bureau. (Buchko, Vanessa)
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Filing 2
NOTICE of Appearance by Lindsay Ryland Castanien on behalf of All Plaintiffs (Castanien, Lindsay)
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Filing 1
COMPLAINT against All Defendants, filed by Consumer Financial Protection Bureau. (Attachments: #1 Civil Cover Sheet)(Buchko, Vanessa)
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