Credit Acceptance Corporation v. Zammit
| Credit Acceptance Corporation |
| Lance Zammit |
| 6:2021cv06757 |
| December 23, 2021 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Marian W Payson |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1330 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 18, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 Minute Entry for proceedings held before Hon. Frank P. Geraci, Jr.: Preliminary Injunction Hearing held on 2/18/2022. Continuation of Preliminary Injunction Hearing set for 2/24/2022 10:00 AM before Hon. Frank P. Geraci, Jr. by Zoom. Joseph DiPalma, Esq.; Poonam Sethi, Esq.; Brendan Frey, Esq.; Peter Shapiro, Esq., by Zoom (Court Reporter Christi Macri.) (PR) |
| Filing 25 TEXT ORDER REFERRING CASE to Hon. Marian W. Payson, United States Magistrate Judge, for all pretrial matters excluding dispositive motions. The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c). Consent forms are available from the chambers of the Magistrate Judge or the office of the Clerk of Court. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/9/2022. (SFR) |
| Filing 24 ANSWER to #1 Complaint, by Lance Zammit.(Shapiro, Peter) |
| Filing 23 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction - Notice of Motion for Preliminary Injunction and Temporary Restraining Order filed by Credit Acceptance Corporation. (Attachments: #1 Exhibit Affidavit of David Wall, #2 Exhibit Unreported Decisions)(Sethi, Poonam) |
| Filing 22 NOTICE of Appearance by Poonam Sethi on behalf of Credit Acceptance Corporation (Sethi, Poonam) |
| Filing 21 AFFIDAVIT of Service for Issued Summons - Served by Anthony Curry. served on Lance Zammit (hand delivery) on January 5, 2022, filed by Credit Acceptance Corporation. (Woodard, Matthew) |
| Filing 20 TEXT ORDER granting #19 Motion to Adjourn. Preliminary Injunction Hearing scheduled for January 12, 2022 at 4:00PM is rescheduled to February 18, 2022 at 3:00PM. It will be held via Videoconference and access instructions will be communicated to the parties in advance of the hearing.Plaintiff requested an extension of its time to file a reply brief until five days prior to the rescheduled hearing. The Court GRANTS Plaintiff until 1/18/2022 to file its reply.SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/7/2022. (SFR) |
| Set/Reset Hearings: Preliminary Injunction Hearing set for 2/18/2022 03:00 PM via Videoconference before Hon. Frank P. Geraci, Jr. (SFR) |
| Filing 19 Joint MOTION to Adjourn Preliminary Injunction Hearing scheduled for January 12, 2022 at 4:00PM and additionally requests an Extension to File its Reply Brief to five days prior to the scheduled Hearing. by Credit Acceptance Corporation.(Woodard, Matthew) |
| Filing 18 DECLARATION signed by Lance Zammit in Opposition re #5 MOTION for Preliminary Injunction - Notice of Motion for Preliminary Injunction and Temporary Restraining Order filed by Lance Zammit filed by Lance Zammit. (Shapiro, Peter) |
| Filing 17 MEMORANDUM in Opposition re #5 MOTION for Preliminary Injunction - Notice of Motion for Preliminary Injunction and Temporary Restraining Order filed by Lance Zammit. (Shapiro, Peter) |
| Filing 16 NOTICE of Appearance by Peter T. Shapiro on behalf of Lance Zammit (Shapiro, Peter) |
| Filing 15 AFFIDAVIT of Service for Notice of Motion for Preliminary Injunction and Temporary Restraining Order; Motion for Expedited Hearing on Plaintiffs Motion for Preliminary Injunction and Temporary Restraining Order; Plaintiffs Anticipated Exhibit List; Proposed Order for Temporary Restraining Order and Preliminary Injunction; Affirmation of Joseph DiPalma, Esq. in Support of Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction and Exhibits; Plaintiffs Memorandum of Law in Support of its Application for a Temporary Restraining Order and Preliminary Injunction against Defendant Lance Zammit; and Index of Exhibits to Memorandum of Law. Served by Anthony Curry. served on Lance Zammit on December 30, 2021, filed by Credit Acceptance Corporation. (Woodard, Matthew) |
| Filing 14 Summons Issued as to Lance Zammit. (LMD) |
| Filing 13 TEXT ORDER granting #6 Motion for Expedited Hearing. To the extent it has not already done so, Plaintiff shall personally serve the motion for a preliminary injunction and a temporary restraining order upon Defendant on or before 12/30/2021. Defendant may file a response by 1/5/2022, and Plaintiff may file a reply by 1/7/2022. The Court will conduct an expedited hearing on Plaintiff's motion for a preliminary injunction and a temporary restraining order via Videoconference on 1/12/2022 at 4:00PM. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/29/2021. A copy of this Text Order has been mailed to Defendant at 484 Aria Lane, Webster, NY 14580. (SFR) |
| Filing 12 Original Summons Filed. (Woodard, Matthew) |
| Set/Reset Hearings: Preliminary Injunction Hearing set for 1/12/2021 04:00 PM via Videoconference before Hon. Frank P. Geraci, Jr. Instructions for accessing the Videoconference will be provided to the parties next week. (SFR) |
| E-Filing Notification: Clerk revised docket text of #5 , #6 , #7 , #8 , #9 , #10 and #11 to clarify the filing events. Additionally, attorney directed to e-file the summons to be issued, not a Request for Issuance of a Summons, using the CM/ECF event "Original Summons Filed" so that Clerk may issue the summons. Please contact the Clerk's Office at 585-613-4000 if additional clarification is required. (JHF) |
| Filing 11 REQUEST for Issuance of Summons by Credit Acceptance Corporation. (Woodard, Matthew) Modified on 12/29/2021 (JHF). |
| Filing 10 MEMORANDUM IN SUPPORT re #5 MOTION for Preliminary Injunction and Temporary Restraining Order by Credit Acceptance Corporation. (Attachments: #1 Appendix Index of Exhibits) (Woodard, Matthew) Modified on 12/29/2021 (JHF). |
| Filing 9 AFFIRMATION in Support signed by Joseph DiPalma re #5 MOTION for Preliminary Injunction and Temporary Restraining Order filed by Credit Acceptance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Woodard, Matthew) Modified on 12/29/2021 (JHF). |
| Filing 8 PROPOSED ORDER in re #5 Temporary Restraining Order and Preliminary Injunction by Credit Acceptance Corporation. (Woodard, Matthew) Modified on 12/29/2021 (JHF). |
| Filing 7 EXHIBIT LIST in re #5 MOTION for Preliminary Injunction and Temporary Restraining Order by Credit Acceptance Corporation. (Woodard, Matthew) Modified on 12/29/2021 (JHF). |
| Filing 6 MOTION for Expedited Hearing re #5 MOTION for for Preliminary Injunction and Temporary Restraining Order by Credit Acceptance Corporation. (Woodard, Matthew) Modified on 12/29/2021 (JHF). |
| Filing 5 MOTION for Preliminary Injunction and Temporary Restraining Order by Credit Acceptance Corporation. (Woodard, Matthew) Modified on 12/29/2021 (JHF). |
| Filing 4 Corporate Disclosure Statement by Credit Acceptance Corporation. (Woodard, Matthew) |
| E-Filing Notification: Attorney directed to e-file summons to be issued using the CM/ECF event "Original Summons Filed" so that Clerk may issue the summons. (JHF) |
| 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. (JHF) |
| Case assigned to Hon. Frank P. Geraci, Jr. Notification to chambers of on-line civil case opening. (JHF) |
| AUTOMATIC REFERRAL to Mediation. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JHF) |
| Filing 3 NOTICE of Appearance by Matthew H. Woodard on behalf of Credit Acceptance Corporation (Woodard, Matthew) |
| Filing 2 CONTINUATION OF EXHIBITS by Credit Acceptance Corporation. to E-Filing Notification, Civil Cover Sheet filed by Credit Acceptance Corporation. (Woodard, Matthew) |
| E-Filing Notification: re #1 COMPLAINT - Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (TMK) |
| 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) |
| Filing 1 COMPLAINT against Lance Zammit ($402 receipt number ANYWDC-4455907), filed by Credit Acceptance Corporation. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Woodard, Matthew) Modified on 12/28/2021 (JHF). |
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| Plaintiff: Credit Acceptance Corporation | |
| Represented By: | Matthew H. Woodard |
| Represented By: | Joseph James DiPalma |
| Represented By: | Poonam Sethi |
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| Defendant: Lance Zammit | |
| Represented By: | Peter T. Shapiro |
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