Case details

Court: nyed
Docket #: 1:15-cv-06319
Case Name: Rice v. Resurgent Capital Services L.P.
PACER case #: 377381
Date filed: 2015-11-04
Assigned to: Judge Kiyo A. Matsumoto
Referred to: Magistrate Judge Cheryl L. Pollak
Case Cause: 15:1692 Fair Debt Collection Act
Nature of Suit: 480 Consumer Credit
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Donna M. Rice
Plaintiff
Subhan Tariq
The Tariq Law Firm, PLLC 90-52 171st Street Jamaica, NY 11432 516-900-4529 Fax: 347-402-2645 Email: subhan@tariqlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Resurgent Capital Services L.P.
Defendant
Peter G. Siachos
Gordon & Rees LLP 18 Columbia Turnpike Suite 220 Florham Park, NJ 07932 973-549-2500 Fax: 973-377-1911 Email: psiachos@gordonrees.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew P. Gallo
Gordon & Rees LLP 18 Columbia Turnpike, Suite 220 Florham Park, NJ 07932 973-549-2500 Fax: 973-377-1911 Email: mgallo@gordonrees.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-11-05 1 0 COMPLAINT Donna M. Rice against Resurgent Capital Services L.P. filing fee $ 400, receipt number 0207-8148878 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Donna M. Rice. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet, # 4 Proposed Summons) (Tariq, Subhan) (Entered: 11/05/2015)
1 1 Exhibit Exhibit A
1 2 Exhibit Exhibit B
1 3 Civil Cover Sheet
1 4 Proposed Summons
2015-11-05 2 0 Summons Issued as to Resurgent Capital Services L.P.. (Bowens, Priscilla) (Entered: 11/05/2015)
2015-11-05 3 0 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 11/05/2015)
2015-11-05 4 0 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 11/05/2015)
2015-11-30 5 0 ANSWER to 1 Complaint, by Resurgent Capital Services L.P.. (Siachos, Peter) (Entered: 11/30/2015)
2015-12-01 6 0 SCHEDULING ORDER: An Initial Conference set for 1/11/2016 @ 9:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/1/2015. (Caggiano, Diana) (Entered: 12/01/2015)
2015-12-02 7 0 Corporate Disclosure Statement by Resurgent Capital Services L.P. (Siachos, Peter) (Entered: 12/02/2015)
2015-12-02 8 0 NOTICE of Appearance by Matthew P. Gallo on behalf of Resurgent Capital Services L.P. (aty to be noticed) (Gallo, Matthew) (Entered: 12/02/2015)
2015-12-30 9 0 SUMMONS Returned Executed by Donna M. Rice. (Tariq, Subhan) (Entered: 12/30/2015)
2016-01-10 10 0 Proposed Scheduling Order on consent by Donna M. Rice (Tariq, Subhan) (Entered: 01/10/2016)
2016-01-11 11 0 MINUTE ENTRY for Initial Conference proceeding held before MJ Pollak on 1/11/2016. Parties to exchange written discovery and discuss settlement. Status Conference set for 3/1/2016 @ 12:00 PM. (Caggiano, Diana) (Entered: 01/11/2016)
2016-03-24 12 0 CORRECTED MINUTE ENTRY for Initial Conference proceeding held before MJ Pollak on 3/24/2016. Responses to discovery requests due next week. Settlement Conference set for 5/13/2016 @ 10:00 AM. (Caggiano, Diana) Modified on 5/11/2016 (Caggiano, Diana). (Entered: 03/24/2016)
2016-05-13 13 0 MINUTE ENTRY for Settlement Conference proceeding held before MJ Pollak on 5/13/2016. Settlement discussions fail. Parties to file simultaneous letters requesting promotion conference to dismiss / amend by 5/23/16. (Caggiano, Diana) (Entered: 05/13/2016)
2016-05-19 14 0 First MOTION for Leave to File Amended Complaint by Donna M. Rice. (Tariq, Subhan) (Entered: 05/19/2016)
2016-06-15 15 0 ENDORSED LETTER ORDER re 14 Plaintiff is Ordered to file her motion to amend with proposed Amended Complaint by 6/27/16. Defendants response is due 7/12/16. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/15/2016. (Caggiano, Diana) (Entered: 06/15/2016)
2016-06-27 16 0 AMENDED COMPLAINT against Resurgent Capital Services L.P., filed by Donna M. Rice. (Attachments: # 1 Exhibit Exhibit A) (Tariq, Subhan) (Entered: 06/27/2016)
2016-06-27 17 0 Second MOTION to Amend/Correct/Supplement Complaint by Donna M. Rice. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Exhibit Exhibit A) (Tariq, Subhan) (Entered: 06/27/2016)
2016-07-12 18 0 RESPONSE in Opposition re 17 Second MOTION to Amend/Correct/Supplement Complaint filed by All Defendants. (Attachments: # 1 Declaration of Peter G. Siachos, # 2 Exhibit A - Complaint, # 3 Exhibit B - Proposed Amended Complaint, # 4 Exhibit C - Credit Agreement, # 5 Exhibit D - Scheduling Order, # 6 Certificate of Service) (Siachos, Peter) (Entered: 07/12/2016)
2017-02-13 19 0 REPORT AND RECOMMENDATION re 16 - 17 - 18 : The Court respectfully recommends that plaintiff's motion to amend be granted but without prejudice to defendant to file a motion to dismiss. The Court respectfully recommends that plaintiff's motion to amend be granted to remove the claim that defendant violated the FDCPA Section 1692(e)(8) and to add factual allegations to the claims that defendant violated Sections 1692(f) and 1692(f)(1). Objections to R&R due by 2/27/2017. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/13/2017. (Rao, Sony) (Entered: 02/13/2017)