MCDONOUGH v. LEOPOLD & ASSOCIATES, PLLC et al
Plaintiff: MICHAEL P. MCDONOUGH
Defendant: TRINITY FINANCIAL SERVICES, LLC and LEOPOLD & ASSOCIATES, PLLC
Case Number: 2:2021cv00375
Filed: March 22, 2021
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Christy Criswell Wiegand
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692
Jury Demanded By: Plaintiff
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This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2021 Opinion or Order Filing 54 ORDER GRANTING #53 Motion for Matthew Tracy to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 4/30/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
April 29, 2021 Opinion or Order Filing 53 MOTION for attorney Matthew Tracy to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6488280) by LEOPOLD & ASSOCIATES, PLLC. (Attachments: #1 Declaration in Support) (Tracy, Matthew) Modified on 4/30/2021 (ijh).
April 29, 2021 Opinion or Order Filing 52 STIPULATION selecting ADR process by MICHAEL P. MCDONOUGH. (Sanders, Craig)
April 26, 2021 Opinion or Order Filing 51 CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 5/10/2021; Motion to Add New Parties and/or Amend Pleadings due by 6/16/2021; ADR Stipulation due by 5/3/2021; ADR to take place on or before 6/25/2021; First Phase of Discovery to be completed by 7/26/2021; Plaintiff's Motion for Class Certification due by 8/16/2021; Defendants' Response to Motion due by 9/7/2021 as more fully set forth in the attached order. Signed by Judge Christy Criswell Wiegand on 4/26/2021. (jmm)
April 26, 2021 Opinion or Order Filing 50 Minute Entry for Initial Case Management Conference held on 4/26/2021 before Judge Christy Criswell Wiegand. (Court Reporter: None) (jmm)
April 26, 2021 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #49 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (cww)
April 26, 2021 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #49 Motion to Appear Pro Hac Vice. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (cww)
April 23, 2021 Opinion or Order Filing 49 MOTION for attorney Matthew Tracy to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6476607) by LEOPOLD & ASSOCIATES, PLLC. (Attachments: #1 Exhibit Tracy Declaration with Exhibits) (Dice, Denis)
April 20, 2021 Opinion or Order Filing 48 ORDER STRIKING #46 Stipulation Selecting ADR Process for failure to select a date certain and failure to identify participants on behalf of defendants, in accordance with Section 2.7 of the Court's ADR Policies and Procedures. The parties are directed to refile an ADR stipulation listing participants on behalf of defendants, and selecting a date certain for the mediation session that is within sixty (60) days of the Initial Case Management Conference. Signed by Judge Christy Criswell Wiegand on 4/20/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
April 20, 2021 Opinion or Order Filing 47 REPORT of Rule 26(f) Planning Meeting. (Sanders, Craig)
April 20, 2021 Opinion or Order Filing 46 STIPULATION selecting ADR process by MICHAEL P. MCDONOUGH. (Sanders, Craig)
April 5, 2021 Opinion or Order Filing 45 ORDER SETTING INITIAL SCHEDULING CONFERENCE: Initial Rule 16 Scheduling Conference set for 4/26/2021 at 10:30 AM before Judge Christy Criswell Wiegand. Rule 26 Meeting to be conducted on or before 4/12/2021. Rule 26 Meeting Report and ADR Stipulation due by 4/19/2021. Confidential Position Paper due by 4/21/2021. Signed by Judge Christy Criswell Wiegand on 4/5/2021. (jmm)
April 2, 2021 Opinion or Order Filing 44 ANSWER to #24 Amended Complaint, by LEOPOLD & ASSOCIATES, PLLC. (Attachments: #1 Certificate of Service) (Dice, Denis)
March 23, 2021 Opinion or Order Filing 43 NOTICE of Appearance by Brendan H. Little on behalf of TRINITY FINANCIAL SERVICES, LLC. (Little, Brendan)
March 23, 2021 Opinion or Order Filing 42 NOTICE of Appearance by Denis C. Dice on behalf of LEOPOLD & ASSOCIATES, PLLC. (Dice, Denis)
March 23, 2021 Opinion or Order Filing 41 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jmm)
March 23, 2021 Opinion or Order Filing 40 ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 3/23/2021. (jmm)
March 23, 2021 Opinion or Order Filing 39 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties. (jmm)
March 23, 2021 Opinion or Order Filing 38 ORDER GRANTING #37 Motion for Craig Sanders to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 3/23/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
March 23, 2021 Opinion or Order Filing 37 MOTION for attorney Craig Sanders to Appear Pro Hac Vice, (Filing fee $70, Receipt # BPAWDC-6423037) by MICHAEL P. MCDONOUGH. (Attachments: #1 Affidavit of Craig Sanders in Support of Motion) (Sanders, Craig)
March 18, 2021 Opinion or Order Filing 36 Case transferred in from the Southern District of New York; Case Number 7:20-cv-01141. Original file certified copy of transfer order and docket sheet received.
March 11, 2021 Opinion or Order CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of Pennsylvania. (mml)
March 11, 2021 Opinion or Order Filing 35 ORDER: Defendant Leopold & Associates, PLLC has moved to dismiss or, in the alternative, transfer this action to the United States District Court for the Western District of Pennsylvania, For the reasons stated on the record at todays conference, the alternative relief sought is GRANTED. The Clerk of Court is respectfully directed to terminate the pending motion, (Doc. 26), and transfer the case to the Western District of Pennsylvania. SO ORDERED. (Signed by Judge Cathy Seibel on 3/11/2021) (mml) Transmission to Office of the Clerk of Court for processing.
March 11, 2021 Opinion or Order Minute Entry for proceedings held before Judge Cathy Seibel: Bench Ruling held on 3/11/2021 re: #26 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(3) filed by Leopold & Associates, PLLC. Plaintiff's counsel Jonathan Cader, Esq. appears telephonically. Counsel for Defendant Leopold & Associates, PLLC, Matthew Tracy, Esq., appears telephonically. Counsel for Defendant Trinity Financial Services, LLC, Brendan Little, Esq., appears telephonically. Law Clerk Jennifer Butwin appears telephonically. For reasons stated on the record, the Court hereby GRANTS Defendant's Motion to Transfer Venue. The Clerk is directed to terminate the Motion (Doc # 26). This case will be transferred to the Western District of Pennsylvania. The Court will issue a written Order to transfer the case. See transcript. Motion(s) terminated: #26 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(3) filed by Leopold & Associates, PLLC. (Court Reporter Angela O'Donnell) (wc)
March 3, 2021 Opinion or Order Filing 34 STIPULATION AND ORDER SUBSTITUTING ATTORNEYS: The undersigned hereby stipulate and consent to the substitution of the law firm of LIPPES MATHIAS WEXLER FRIEDMAN LLP, by and through its attorney Brendan H. Little, as attorneys of record for Defendant Trinity Financial Services, LLC in the above-entitled matter and in place and instead of the law firm of PARKER IBRAHIM & BERG LLP, and its attorneys James P. Berg and Daniel A. Schleifstein. SO ORDERED. Attorney James Paul Berg and Daniel Aaron Schleifstein terminated. (Signed by Judge Cathy Seibel on 3/3/2021) (mml)
March 3, 2021 Opinion or Order Filing 33 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Trinity Financial Services, LLC. (Attachments: #1 Affidavit James P. Berg, #2 Exhibit Client Consent).(Little, Brendan)
March 3, 2021 Opinion or Order Filing 32 NOTICE OF APPEARANCE by Brendan Hoffman Little on behalf of Trinity Financial Services, LLC..(Little, Brendan)
February 16, 2021 Opinion or Order Filing 31 NOTICE OF COURT CONFERENCE: A Bench Ruling on the pending Motion(s) is scheduled for March 11, 2021 at 12:00 p.m. (via telephone). Person(s) appearing via telephone are reminded of the general prohibition against any forms of recording and rebroadcasting of Court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Pursuant to Judge Seibel's Emergency Individual Rules and Practices in light of COVID-19, last revised on March 19, 2020, the parties are directed to attend by phone using the following information: Toll-Free Tele-conference number: (877) 336 1839 to call in and enter access code: 1047966#. The parties should call in from a landline phone (if possible), announce their last name(s) before addressing the Court at any time during the call, and mute their lines (pressing *6 on phone) when not speaking. Telephone Conference set for 3/11/2021 at 12:00 PM before Judge Cathy Seibel. (mml)
February 16, 2021 Opinion or Order Filing 30 LETTER addressed to Judge Cathy Seibel from Jonathan M. Cader dated February 16, 2021 re: Plaintiff's Opposition to Defendant Leopold & Associates' motion to dismiss and/or to transfer. Document filed by Michael P. McDonough. (Attachments: #1 Consent Order).(Cader, Jonathan)
August 5, 2020 Opinion or Order Filing 29 REPLY MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(3). . Document filed by Leopold & Associates, PLLC..(Tracy, Matthew)
July 22, 2020 Opinion or Order Filing 28 MEMORANDUM OF LAW in Opposition re: #26 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(3). . Document filed by Michael P. McDonough. (Attachments: #1 Exhibit 1 - Pennsylvania Business Record Search).(Cader, Jonathan)
June 22, 2020 Opinion or Order Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(3). . Document filed by Leopold & Associates, PLLC..(Tracy, Matthew)
June 22, 2020 Opinion or Order Filing 26 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(3). Document filed by Leopold & Associates, PLLC..(Tracy, Matthew)
June 22, 2020 Opinion or Order Filing 25 ANSWER to #24 Amended Complaint,. Document filed by Trinity Financial Services, LLC. (Attachments: #1 Affidavit Certificate of Service).(Berg, James)
May 21, 2020 Opinion or Order Filing 24 FIRST AMENDED COMPLAINT amending #1 Complaint against Leopold & Associates, PLLC, Trinity Financial Services, LLC with JURY DEMAND.Document filed by Michael P. McDonough. Related document: #1 Complaint. (Attachments: #1 Exhibit 1 - Collection Letter).(Sanders, Craig)
April 30, 2020 Opinion or Order Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 4/30/2020. Plaintiff's counsel Jonathan Cader, Esq. appears telephonically. Defendant Leopold & Associates, PLLC counsel Matthew Tracy, Esq. appears telephonically. Defendant Trinity Financial Services, LLC counsel(s) James Berg, Esq. and Daniel Schleifstein, Esq. appear telephonically. Law Clerk Julia MacAllister appears telephonically. The Court grants Plaintiff leave to amend Complaint. Plaintiff's Amended Complaint (if any) to be submitted by May 21, 2020. Defendants' Motion(s) to Dismiss (or Answer) to be submitted by June 22, 2020; Plaintiff's opposition (if Motion filed) due July 22, 2020; Defendants' reply due August 5, 2020. See transcript. (Court Reporter Angela O'Donnell) (wc)
April 23, 2020 Opinion or Order Filing 23 LETTER RESPONSE in Opposition to Motion addressed to Judge Cathy Seibel from Jonathan M. Cader dated April 23, 2020 re: #21 LETTER MOTION for Conference -Pre-Motion Conference Request addressed to Judge Cathy Seibel from James P. Berg, Esq. dated 04/06/2020., #18 LETTER MOTION for Conference re: #1 Complaint addressed to Judge Cathy Seibel from Matthew Tracy dated March 20, 2020. . Document filed by Michael P. McDonough. (Attachments: #1 Exhibit New York State business search for Leopold & Associates, #2 Exhibit Pennsylvania business search for Leopold & Associates, #3 Exhibit New York State business search for Trinity Financial Services).(Cader, Jonathan)
April 6, 2020 Opinion or Order Filing 22 ORDER granting #21 Letter Motion for Conference: The proposed motion will be discussed at the already scheduled Pre-Motion Conference set for 4/30/2020 at 12:15 pm. Plaintiff's letter response due 4/23/20. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
April 6, 2020 Opinion or Order Filing 21 LETTER MOTION for Conference -Pre-Motion Conference Request addressed to Judge Cathy Seibel from James P. Berg, Esq. dated 04/06/2020. Document filed by Trinity Financial Services, LLC. Return Date set for 4/30/2020 at 12:15 PM..(Berg, James)
March 21, 2020 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Jonathan Mark Cader on behalf of Michael P. McDonough..(Cader, Jonathan)
March 20, 2020 Opinion or Order Filing 19 ORDER granting #18 Letter Motion for Conference: Pre-Motion Conference set for 4/30/2020 at 12:15 PM before Judge Cathy Seibel. Plaintiff's letter response due 4/23/20. This will be a phone conference. See my emergency rules on the court website. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
March 20, 2020 Opinion or Order Filing 18 LETTER MOTION for Conference re: #1 Complaint addressed to Judge Cathy Seibel from Matthew Tracy dated March 20, 2020. Document filed by Leopold & Associates, PLLC..(Tracy, Matthew)
March 6, 2020 Opinion or Order Filing 17 MEMO ENDORSEMENT on re: #16 Letter filed by Trinity Financial Services, LLC. ENDORSEMENT: Defendant Trinity may have until 4/9/20 to respond to the Complaint. SO ORDERED. Trinity Financial Services, LLC answer due 4/9/2020. (Signed by Judge Cathy Seibel on 3/6/2020) (mml)
March 6, 2020 Opinion or Order Filing 16 LETTER addressed to Judge Cathy Seibel from James P. Berg, Esq. dated 03/06/2020 re: Request for Adjournment. Document filed by Trinity Financial Services, LLC..(Berg, James)
March 6, 2020 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Daniel Aaron Schleifstein on behalf of Trinity Financial Services, LLC. (Attachments: #1 Affidavit Certificate of Service).(Schleifstein, Daniel)
March 6, 2020 Opinion or Order Filing 14 NOTICE OF APPEARANCE by James Paul Berg on behalf of Trinity Financial Services, LLC. (Attachments: #1 Affidavit Certificate of Service).(Berg, James)
March 5, 2020 Opinion or Order Filing 13 ORDER granting #12 Letter Motion for Extension of Time to Answer: Leopold & Associates, PLLC may have until 3/23/20 to respond to the Complaint. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
March 5, 2020 Opinion or Order Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Cathy Seibel from Matthew Tracy dated March 5, 2020. Document filed by Leopold & Associates, PLLC..(Tracy, Matthew)
March 5, 2020 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Matthew Tracy on behalf of Leopold & Associates, PLLC..(Tracy, Matthew)
February 20, 2020 Opinion or Order Filing 10 SUMMONS RETURNED EXECUTED. Trinity Financial Services, LLC served on 2/18/2020, answer due 3/10/2020. Service was accepted by Joseph Johnson, Account Manager. Document filed by Michael P. McDonough..(Sanders, Craig)
February 19, 2020 Opinion or Order Filing 9 SUMMONS RETURNED EXECUTED. Leopold & Associates, PLLC served on 2/14/2020, answer due 3/6/2020. Service was accepted by Meagan Merenda, Quality Assurance Analyst. Document filed by Michael P. McDonough..(Sanders, Craig)
February 11, 2020 Opinion or Order Filing 8 ELECTRONIC SUMMONS ISSUED as to Trinity Financial Services, LLC..(jgo)
February 11, 2020 Opinion or Order Filing 7 ELECTRONIC SUMMONS ISSUED as to Leopold & Associates, PLLC..(jgo)
February 11, 2020 Opinion or Order Filing 6 CIVIL COVER SHEET filed..(Sanders, Craig)
February 11, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
February 11, 2020 Opinion or Order Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
February 11, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Craig B. Sanders to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match pleading caption;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
February 11, 2020 Opinion or Order Case Designated ECF. (jgo)
February 10, 2020 Opinion or Order Filing 5 NOTICE OF APPEARANCE by David Michael Barshay on behalf of Michael P. McDonough..(Barshay, David)
February 10, 2020 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Trinity Financial Services, LLC, re: #1 Complaint. Document filed by Michael P. McDonough..(Sanders, Craig)
February 10, 2020 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Leopold & Associates, PLLC, re: #1 Complaint. Document filed by Michael P. McDonough..(Sanders, Craig)
February 10, 2020 Opinion or Order Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Sanders, Craig) Modified on 2/11/2020 (jgo).
February 10, 2020 Opinion or Order Filing 1 COMPLAINT against Leopold & Associates, PLLC, Trinity Financial Services, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-18747466)Document filed by Michael P. McDonough. (Attachments: #1 Exhibit 1).(Sanders, Craig)

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Defendant: TRINITY FINANCIAL SERVICES, LLC
Represented By: Daniel Aaron Schleifstein
Represented By: Brendan Hoffman Little
Represented By: James Paul Berg
Represented By: James Berg
Represented By: Brendan H. Little
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Defendant: LEOPOLD & ASSOCIATES, PLLC
Represented By: Matthew Tracy
Represented By: Denis C. Dice
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Plaintiff: MICHAEL P. MCDONOUGH
Represented By: David Michael Barshay
Represented By: Craig B Sanders
Represented By: Jonathan Mark Cader
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