Payton v. Everest Receivable Services, Inc. et al
| Sheryl Payton |
| DNF Associates, LLC. and Everest Receivable Services, Inc. |
| 1:2024cv01098 |
| November 14, 2024 |
| U.S. District Court for the Western District of New York |
| Leslie G Foschio |
| Lawrence J Vilardo |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
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This docket was last retrieved on December 18, 2024. A more recent docket listing may be available from PACER.
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Filing 12
ORDER. Each party, including any party appearing for themselves without counsel, shall provide to the court, either jointly or separately, a proposed case management order not later than 1/22/2025 for the purpose of entry of a case management order as required by Fed.R.Civ.P. 16(b). Upon receipt of the proposed case management order(s), a Scheduling Order will be prepared and filed by the court. Signed by Hon. Leslie G. Foschio on 12/18/2024. (SDW)
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| Filing 11 TEXT REFERRAL ORDER - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of the Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/13/2024. (ZHM) |
| Filing 10 Corporate Disclosure Statement by DNF Associates, LLC. identifying Corporate Parent Diverse Funding Associates LLC for DNF Associates, LLC... (Little, Brendan) |
| Filing 9 Corporate Disclosure Statement by Everest Receivable Services, Inc.. (Little, Brendan) |
| Filing 8 ANSWER to #7 Amended Complaint by Everest Receivable Services, Inc., DNF Associates, LLC..(Little, Brendan) |
| Filing 7 AMENDED COMPLAINT against DNF Associates, LLC., Everest Receivable Services, Inc., filed by Sheryl Payton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit Group C, #4 Exhibit D, #5 Exhibit Group E)(Philipps, David) |
| Filing 6 NOTICE of Appearance by Brian L. Bromberg on behalf of Sheryl Payton (Bromberg, Brian) |
| Filing 5 Summons Issued as to DNF Associates, LLC., and Everest Receivable Services, Inc. (TMK) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
| AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov. Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK) |
| 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) |
| Filing 4 NOTICE of Appearance by Angie K. Robertson on behalf of Sheryl Payton (Robertson, Angie) |
| Filing 3 NOTICE of Appearance by Mary E. Philipps on behalf of Sheryl Payton (Philipps, Mary) |
| Filing 2 NOTICE of Appearance by David J. Philipps on behalf of Sheryl Payton (Philipps, David) |
| Filing 1 COMPLAINT against DNF Associates, LLC., Everest Receivable Services, Inc. $ 405 receipt number ANYWDC-5331353, filed by Sheryl Payton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit Group E, #6 Civil Cover Sheet, #7 Proposed Summons Everest, #8 Proposed Summons DNF)(Philipps, David) |
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