Fontaine v. Resurgent Capital Services, L.P. et al
| Jerry Fontaine |
| LVNV Funding, LLC and Resurgent Capital Services, L.P. |
| 6:2020cv06274 |
| April 28, 2020 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.
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Filing 34
STIPULATION AND ORDER of Dismissal. Signed by Hon. Elizabeth A. Wolford on 11/17/22. (JHF)
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Filing 33
STIPULATION of Dismissal by Jerry Fontaine. (Miller, Cassandra)
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Filing 32
DECISION AND ORDER granting in part and denying in part #23 Motion to Compel Arbitration and to Dismiss and staying case. Signed by Hon. Elizabeth A. Wolford on 05/19/2021. (CDH)-CLERK TO FOLLOW UP-
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Filing 31
TEXT ORDER granting #29 Motion to Withdraw as Attorney. Tiffany N. Hardy is terminated as counsel of record for Plaintiff. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/17/2021. (CDH)
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Filing 30
TEXT ORDER granting #28 Motion for Pro Hac Vice by Cassandra P. Miller. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/28/2021. (CDH)-CLERK TO FOLLOW UP-
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Filing 29
MOTION to Withdraw as Attorney (Tiffany N. Hardy) by Jerry Fontaine.(Hardy, Tiffany)
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Verified admission to the Illinois State Bar for Attorney Cassandra P. Miller. (MD)
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Filing 28
MOTION to appear pro hac vice for Cassandra P. Miller ( Filing fee $ 200 receipt number 0209-4126602.) by Jerry Fontaine. (Attachments: #1 Attorney's Oath, #2 Civility Oath, #3 Database and ECF Registration Form, #4 Petition for Admission, #5 Sponsor Form, #6 Notice of Motion)(Hardy, Tiffany)
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Filing 27
MEMORANDUM in Support re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND COMPEL filed by LVNV Funding, LLC, Resurgent Capital Services, L.P.. (Robbin, Jonathan)
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Filing 26
TEXT ORDER. The Court grants Defendants' request, made by email, for an extension of the page limitation for reply briefs. Defendants may file a reply brief of no more than 12 pages. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/9/2020. (CDH)
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Filing 25
RESPONSE in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND COMPEL filed by Jerry Fontaine. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hardy, Tiffany)
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Filing 24
TEXT ORDER re #23 Motion to Dismiss for Failure to State a Claim and to Compel. Responses shall be filed on or before November 3, 2020. Replies shall be filed on or before November 10, 2020. Upon receipt of all papers the Court will determine if oral argument is necessary and, if so, shall inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/13/2020. (CDH)
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Filing 23
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND COMPEL by LVNV Funding, LLC, Resurgent Capital Services, L.P.. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Memorandum in Support)(Robbin, Jonathan)
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Filing 22
TEXT ORDER. Defendants Resurgent Capital Services, LP and LVNV Funding, LLC are granted leave to submit a memorandum of law of no more than 28 pages in support of their forthcoming motion to compel arbitration and dismiss the Amended Complaint. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/09/2020. (CDH)
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Filing 21
TEXT ORDER denying #18 Motion to Dismiss as moot. In light of Plaintiff's filing of an Amended Complaint (Dkt. 20) as of right, the Court finds Defendants' motion to dismiss the original Complaint (Dkt. 18) moot and it is accordingly denied. Pursuant to Federal Rule of Civil Procedure 15(a)(3), Defendants must answer or otherwise respond to the Amended Complaint within 14 days of the filing thereof. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/02/2020. (CDH)
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Filing 20
AMENDED COMPLAINT - Class Action against LVNV Funding, LLC, Resurgent Capital Services, L.P., filed by Jerry Fontaine. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hardy, Tiffany)
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Filing 19
TEXT ORDER re #18 Motion to Dismiss. Responses are due on or before October 16, 2020. Replies are due on or before October 23, 2020. Upon receipt of all papers the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/30/2020. (CDH)
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Filing 18
MOTION to Dismiss by LVNV Funding, LLC, Resurgent Capital Services, L.P.. Responses due by 10/26/2020. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Memorandum in Support)(Robbin, Jonathan)
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Filing 17
TEXT ORDER granting #16 Consent Motion for Extension of Time to File Answer. Defendants' deadline to answer or otherwise respond to the Complaint is hereby extended to September 25, 2020. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on August 20, 2020. (JT)
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Filing 16
Consent MOTION for Extension of Time to File Answer , Motion, or Otherwise Respond to The Complaint on Consent by LVNV Funding, LLC, Resurgent Capital Services, L.P..(Robbin, Jonathan)
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Filing 15
ORDER granting #14 Motion for Extension of Time to Answer: LVNV Funding, LLC answer due 8/25/2020; Resurgent Capital Services, L.P. answer due 8/25/2020. Signed by Hon. Elizabeth A. Wolford on 7/22/20. (JHF)
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Filing 14
Third MOTION for Extension of Time to File Answer , Motion, or Otherwise Respond to The Complaint on Consent by LVNV Funding, LLC, Resurgent Capital Services, L.P..(Robbin, Jonathan)
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Filing 13
ORDER granting #12 Second Motion for Extension of Time to Answer LVNV Funding, LLC answer due 7/23/2020; Resurgent Capital Services, L.P. answer due 7/23/2020.. Signed by Hon. Elizabeth A. Wolford on 6/22/20. (JHF)
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Filing 12
Second MOTION for Extension of Time to File Answer , Motion, or Otherwise Respond to The Complaint on Consent by LVNV Funding, LLC, Resurgent Capital Services, L.P..(Robbin, Jonathan)
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Filing 11
Corporate Disclosure Statement by Resurgent Capital Services, L.P.. (Robbin, Jonathan)
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Filing 10
Corporate Disclosure Statement by LVNV Funding, LLC. (Robbin, Jonathan)
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Filing 9
NOTICE of Appearance by Jonathan M. Robbin on behalf of All Defendants (Robbin, Jonathan)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
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Filing 8
TEXT ORDER granting #7 Consent Motion for Extension of Time. Defendants' deadline to answer or otherwise respond to the Complaint is extended to June 23, 2020. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/19/2020. (CDH)
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Filing 7
First MOTION for Extension of Time to File Answer Move or Otherwise Respond to The Complaint by LVNV Funding, LLC, Resurgent Capital Services, L.P..(Robbin, Jonathan)
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Filing 6
SUMMONS Returned Executed by Jerry Fontaine. Resurgent Capital Services, L.P. served on 5/1/2020, answer due 5/22/2020. (Hardy, Tiffany)
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Filing 5
SUMMONS Returned Executed by Jerry Fontaine. LVNV Funding, LLC served on 5/1/2020, answer due 5/22/2020. (Hardy, Tiffany)
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Filing 4
Summons Issued as to LVNV Funding, LLC, Resurgent Capital Services, L.P. (CGJ)
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Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (CGJ)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
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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. (CGJ)
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| Filing 3 NOTICE of Appearance by David M. Kaplan on behalf of Jerry Fontaine (Kaplan, David) |
| Filing 2 NOTICE of Appearance by Tiffany N. Hardy on behalf of Jerry Fontaine (Hardy, Tiffany) |
| Filing 1 COMPLAINT - Class Action against LVNV Funding, LLC, Resurgent Capital Services, L.P. $ 400 receipt number 0209-3815320, filed by Jerry Fontaine. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Proposed Summons to Defendant Resurgent, #6 Proposed Summons to Defendant LVNV)(Hardy, Tiffany) |
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