Berry v. United Merchant Asset Recovery of WNY, LLC
Plaintiff: Dorothy Berry
Defendant: United Merchant Asset Recovery of WNY, LLC
Case Number: 1:2022cv00859
Filed: November 9, 2022
Court: US District Court for the Western District of New York
Presiding Judge: Lawrence J Vilardo
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2022 Filing 24 TEXT ORDER re: Motion for Default Judgment, Docket Item 14. Response due by 12/21/2022. Reply due by 1/4/2023. If necessary, oral argument will be scheduled at a later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/30/2022. (WMH)This was mailed to: the defendant at the address listed in Docket Item 14.
November 9, 2022 Filing 23 Case transferred in from District of Georgia Northern; Case Number 1:21-cv-02910.
November 9, 2022 Opinion or Order Filing 22 ORDER: The Court ADOPTS the Magistrate Judge's Final Report and Recommendation [Doc. #20 ] as the opinion of the Court. Plaintiff's Motion to Transfer Case [Doc. #19 ] is GRANTED and the Clerk of Court is DIRECTED to TRANSFER this action to the United States District Court for the Western District of New York. Plaintiff's Motion for Default Judgment shall be DEFERRED for consideration by the transferee Court. Signed by Judge Amy Totenberg on 11/09/2022. (tmf) [Transferred from gand on 11/9/2022.]
November 9, 2022 Civil Case Terminated. (tmf) [Transferred from gand on 11/9/2022.]
November 9, 2022 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. (CGJ)
November 9, 2022 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
October 25, 2022 Opinion or Order Filing 21 ORDER for Service of #20 Final Report and Recommendation by Judge Mark H. Cohen. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Judge Mark H. Cohen on 10/25/2022. (dob) [Transferred from gand on 11/9/2022.]
October 25, 2022 Filing 20 FINAL REPORT AND RECOMMENDATION re #1 Complaint, filed by Dorothy Berry. Signed by Magistrate Judge John K. Larkins, III on 10/25/2022. (dob) [Transferred from gand on 11/9/2022.]
October 25, 2022 FINAL REPORT AND RECOMMENDATION recommending #19 MOTION to Transfer Case to United States District Court for Western District of New York filed by Dorothy Berry be granted, #14 MOTION for Default Judgment as to United Merchant Asset Recovery of WNY, LLC filed by Dorothy Berry be deferred for consideration by the transferee court as found in #20 Report and Recommendation. Signed by Magistrate Judge John K. Larkins, III on 10/25/2022. (dob) [Transferred from gand on 11/9/2022.]
October 12, 2022 Filing 19 MOTION to Transfer Case to United States District Court for Western District of New York with Brief In Support by Dorothy Berry. (Parr, James) [Transferred from gand on 11/9/2022.]
September 29, 2022 Opinion or Order ORDER by docket entry only, granting #18 unopposed Motion for Leave to File. Signed by Magistrate Judge John K. Larkins, III on 9/29/22. (emm) [Transferred from gand on 11/9/2022.]
September 28, 2022 Filing 18 MOTION for Leave to File Amended Complaint or Motion to Change Venue/Transfer with Brief In Support by Dorothy Berry. (Parr, James) Modified on 9/29/2022 to edit text and event selected to reflect PDF(dob). [Transferred from gand on 11/9/2022.]
September 14, 2022 Filing 17 MOTION for Extension of Time File Supplement to Motion for Default Judgment re: #15 Order,,, Set Submission Deadline,, by Dorothy Berry. (Parr, James) [Transferred from gand on 11/9/2022.]
September 14, 2022 Opinion or Order ORDER by docket entry only, granting #17 Motion for Extension of Time. Plaintiff's Supplement to Motion for Default Judgment will be due no later than 9/28/22. Signed by Magistrate Judge John K. Larkins, III on 9/14/22. (emm) [Transferred from gand on 11/9/2022.]
September 1, 2022 Filing 16 CERTIFICATE OF SERVICE re #15 Order,,, Set Submission Deadline,, filed by Dorothy Berry (Parr, James) [Transferred from gand on 11/9/2022.]
August 31, 2022 Opinion or Order Filing 15 ORDER deferring any recommendation on the disposition ofPlaintiffs #14 Motion for Default Judgment. Plaintiff is ORDERED toserve a copy of this Order on United Merchants registered agent on or beforeSeptember 7, 2022, and to file a supplement to her motion to address thejurisdictional issues outlined in this present order on or before September 14, 2022.United Merchant shall have until September 21, 2022, to file any oppositionaddressing Plaintiffs jurisdictional arguments. Signed by Magistrate Judge John K. Larkins, III on 8/31/2022. (dob) [Transferred from gand on 11/9/2022.]
August 29, 2022 Submission of #14 MOTION for Default Judgment as to United Merchant Asset Recovery of WNY, LLC , to Magistrate Judge John K. Larkins. (hfm) [Transferred from gand on 11/9/2022.]
August 11, 2022 Submission of #12 Order to Show Cause, to Magistrate Judge John K. Larkins. (hfm) [Transferred from gand on 11/9/2022.]
August 9, 2022 Filing 14 MOTION for Default Judgment as to United Merchant Asset Recovery of WNY, LLC with Brief In Support by Dorothy Berry. (Attachments: #1 Exhibit Motion for Costs and Attorney's Fees, #2 Text of Proposed Order Proposed Order)(Parr, James) [Transferred from gand on 11/9/2022.]
August 9, 2022 Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re: #12 Order to Show Cause filed by Dorothy Berry. (Parr, James) [Transferred from gand on 11/9/2022.]
July 26, 2022 Opinion or Order Filing 12 ORDER TO SHOW CAUSE within 14 days of thedate of this order, why this case should not be dismissed forwant of prosecution. Signed by Magistrate Judge John K. Larkins, III on 7/26/2022. (dob) [Transferred from gand on 11/9/2022.]
January 19, 2022 Opinion or Order ORDER, by docket entry only, granting #11 Application for Admission Pro Hac Vice. Entered by Judge Amy Totenberg on 1/19/22. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm) [Transferred from gand on 11/9/2022.]
January 19, 2022 APPROVAL by Clerks Office re: #11 APPLICATION for Admission of James J. Parr Pro Hac Vice.. Attorney James J. Parr added appearing on behalf of Dorothy Berry (nmb) [Transferred from gand on 11/9/2022.]
January 12, 2022 Filing 11 APPLICATION for Admission of James J. Parr Pro Hac Vice.by Dorothy Berry. (Hormozdi, Shireen) Documents for this entry are not available for viewing outside the courthouse. [Transferred from gand on 11/9/2022.]
January 12, 2022 Filing 10 APPLICATION for Admission of James J. Parr Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11512617).by Dorothy Berry. (Hormozdi, Shireen) Documents for this entry are not available for viewing outside the courthouse. [Transferred from gand on 11/9/2022.]
January 12, 2022 RETURN of #10 APPLICATION for Admission of James J. Parr Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11512617). to attorney for correction re: Petitioners info. (cdg) [Transferred from gand on 11/9/2022.]
December 6, 2021 Clerk's Entry of Dismissal APPROVING #9 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) as to Jeremy Brown and Accredited Management Solutions, LLC only. (rjc) [Transferred from gand on 11/9/2022.]
December 3, 2021 Filing 9 NOTICE of Voluntary Dismissal as to Jeremy Brown and Accredited Management Solutions, LLC without prejudice filed by Dorothy Berry (Hormozdi, Shireen) [Transferred from gand on 11/9/2022.]
October 27, 2021 Opinion or Order ORDER by docket entry only granting #8 unopposed Motion for Extension of Time. Plaintiff shall have until 12/2/21 to serve all the of the defendants in this case. Signed by Magistrate Judge John K. Larkins, III on 10/27/21. (emm) [Transferred from gand on 11/9/2022.]
October 25, 2021 Filing 8 MOTION for Extension of Time Serve Jeremy Brown and Accredited Management Solutions by Dorothy Berry. (Hormozdi, Shireen) [Transferred from gand on 11/9/2022.]
August 20, 2021 Clerks Entry of Default as to United Merchant Asset Recovery of WNY, LLC (rlh) [Transferred from gand on 11/9/2022.]
August 19, 2021 Filing 7 MOTION for Clerks Entry of Default as to United Merchant Asset Recovery of WNY, LLC by Dorothy Berry. (Attachments: #1 Affidavit, #2 Proposed Order)(Hormozdi, Shireen) [Transferred from gand on 11/9/2022.]
July 29, 2021 Filing 6 Return of Service Executed by Dorothy Berry. United Merchant Asset Recovery of WNY, LLC served on 7/26/2021, answer due 8/16/2021. (Hormozdi, Shireen) [Transferred from gand on 11/9/2022.]
July 28, 2021 Filing 5 First Certificate of Interested Persons by Dorothy Berry. (Hormozdi, Shireen) [Transferred from gand on 11/9/2022.]
July 20, 2021 Filing 4 Electronic Summons Issued as to United Merchant Asset Recovery of WNY, LLC. (ayb) [Transferred from gand on 11/9/2022.]
July 20, 2021 Filing 3 Electronic Summons Issued as to Jeremy Brown. (ayb) [Transferred from gand on 11/9/2022.]
July 20, 2021 Filing 2 Electronic Summons Issued as to Accredited Management Solutions LLC. (ayb) [Transferred from gand on 11/9/2022.]
July 20, 2021 Filing 1 COMPLAINT filed by Dorothy Berry (Filing fee $402, receipt number AGANDC-11120726) (Attachments: #1 Civil Cover Sheet)(ayb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from gand on 11/9/2022.]

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Plaintiff: Dorothy Berry
Represented By: James J. Parr
Represented By: Shireen Hormozdi Bowman
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Defendant: United Merchant Asset Recovery of WNY, LLC
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