| Court: | nysd |
| Docket #: | 1:12-cv-06624 |
| Case Name: | Gotay v. Discover Financial Services, L.L.C. et al |
| PACER case #: | 401079 |
| Date filed: | 2012-08-29 |
| Date terminated: | 2013-06-05 |
| Assigned to: | Judge John F. Keenan |
| Referred to: | Magistrate Judge Frank Maas |
| Case Cause: | 15:1692 Fair Debt Collection Act |
| Nature of Suit: | 480 Consumer Credit |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Milton Gotay Plaintiff |
Ahmad Keshavarz |
| Discover Financial Services, L.L.C. Defendant |
Wendy Beth Shepps |
| Weltman, Weinberg & Reis Co., L.P.A. Defendant |
Wendy Beth Shepps |
| Cohen & Slamowitz L.L.P. Defendant |
Wendy Beth Shepps |
| Transunion, L.L.C. Defendant |
Breanne J. Strubinger Robert J. Schuckit Terri R. Brown Paul A. Jansen |
| Equifax Information Services, L.L.C. Defendant |
Brian J. Olson |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-08-29 | 1 | 0 | COMPLAINT against Cohen & Slamowitz L.L.P., Discover Financial Services, L.L.C., Equifax Information Services, L.L.C., Transunion, L.L.C., Weltman, Weinberg & Reis Co., L.P.A. (Filing Fee $ 350.00, Receipt Number 1047495)Document filed by Milton Gotay.(mro) (Entered: 08/30/2012) | 2013-04-05 18:40:08 | 5a64847b3f96be4509abe26377386e11ac3c2e14 | |
| 2012-09-04 | 2 | 0 | NOTICE OF A PRETRIAL CONFERENCE: Counsel are directed to appear in Courtroom 20-C on November 8, 2012 at 11:00 a.m., for a pretrial conference, for the purpose of discussing the status of this case. Please notify your adversary as to the date of this conference. This conference will not be adjourned except by order of the Court.( Pretrial Conference set for 11/8/2012 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 9/4/2012) (js) (Entered: 09/04/2012) | |||
| 2012-10-17 | 3 | 0 | MOTION for Terri R. Brown to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7913763. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Transunion, L.L.C.. (Attachments: # 1 Certificate Of Good Standing, # 2 Text of Proposed Order For Admission Pro Hac Vice)(Brown, Terri) (Entered: 10/17/2012) | |||
| 3 | 1 | Certificate Of Good Standing | ||||
| 3 | 2 | Text of Proposed Order For Admission Pro Hac Vice | ||||
| 2012-10-18 | 4 | 0 | ORDER FOR ADMISSION PRO HAC VICE granting 3 Motion for Terri R. Brown to Appear Pro Hac Vice. (Signed by Judge John F. Keenan on 10/18/2012) (lmb) (Entered: 10/19/2012) | 2012-12-04 16:06:19 | d1efc280d8fd4b4b6f091589b8266d84d049d6c6 | |
| 2012-10-22 | 5 | 0 | ANSWER to 1 Complaint,. Document filed by Transunion, L.L.C..(Brown, Terri) (Entered: 10/22/2012) | |||
| 2012-10-22 | 6 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Trans Union Corp., Corporate Parent TransUnion Holding Company, Inc., Other Affiliate GS Capital Partners, Other Affiliate Advent International Corp., Other Affiliate Goldman Sachs Group, Inc. for Transunion, L.L.C.. Document filed by Transunion, L.L.C..(Brown, Terri) (Entered: 10/22/2012) | |||
| 2012-10-31 | 7 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cohen & Slamowitz L.L.P..(Shepps, Wendy) (Entered: 10/31/2012) | |||
| 2012-10-31 | 8 | 0 | ANSWER to 1 Complaint,. Document filed by Cohen & Slamowitz L.L.P..(Shepps, Wendy) (Entered: 10/31/2012) | |||
| 2012-11-01 | 9 | 0 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to Appear By Telephone At Initial Pretrial Conference Scheduled for November 8, 2012. Document filed by Transunion, L.L.C..(Brown, Terri) Modified on 11/5/2012 (ldi). (Entered: 11/01/2012) | |||
| 2012-11-04 | 10 | 0 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION To Adjourn Conference Scheduled for November 8, 2012. Document filed by Cohen & Slamowitz L.L.P..(Shepps, Wendy) Modified on 11/5/2012 (ldi). (Entered: 11/04/2012) | |||
| 2012-11-05 | 11 | 0 | ENDORSED LETTER: addressed to Judge John F. Keenan from terri R. Brown dated 11/1/2012 re: Counsel for defendant requests they be granted leave to appear by telephone at the Initial Pretrial conference scheduled for November 8, 2012 previously noticed by this Court's September 4, 2012 Notice of Pretrial conference. ENDORSEMENT: The application is granted. So Ordered., ( Telephone Conference set for 11/8/2012 at 11:00 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 11/5/2012) (js) (Entered: 11/05/2012) | |||
| 2012-11-05 | 12 | 0 | ORDER: The conference scheduled for November 8, 2012 has been rescheduled to Dec. 5, 2012 at 10:30 a.m. in Courtroom 20-C. ( Status Conference set for 12/5/2012 at 10:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 11/5/2012) (djc) (Entered: 11/05/2012) | |||
| 2012-11-05 | 13 | 0 | MOTION for Brian J. Olson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7953291. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Equifax Information Services, L.L.C..(Olson, Brian) (Entered: 11/05/2012) | |||
| 2012-11-05 | 14 | 0 | MOTION for Brian J. Olson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Equifax Information Services, L.L.C.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Olson, Brian) (Entered: 11/05/2012) | |||
| 2012-11-06 | 15 | 0 | FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Equifax Information Services, L.L.C..(Olson, Brian) Modified on 11/7/2012 (lb). (Entered: 11/06/2012) | |||
| 2012-11-06 | 16 | 0 | ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Equifax Information Services, L.L.C..(Olson, Brian) (Entered: 11/06/2012) | |||
| 2012-11-08 | 17 | 0 | ORDER FOR ADMISSION PRO HAC VICE granting 13 Motion for Brian J. Olson to Appear Pro Hac Vice. It is hereby Ordered that Brian J. Olson is admitted Pro Hac Vice to appear for all purposes as counsel for Equifax Information Services LLC. (Signed by Judge John F. Keenan on 11/8/2012) (mro) (Entered: 11/08/2012) | 2012-11-26 17:00:29 | 92433b4f6b841d7386c8038120e3ba1c664fd828 | |
| 2012-11-19 | 18 | 0 | ANSWER to 1 Complaint,. Document filed by Weltman, Weinberg & Reis Co., L.P.A..(Shepps, Wendy) (Entered: 11/19/2012) | |||
| 2012-11-19 | 19 | 0 | ANSWER to 1 Complaint,. Document filed by Discover Financial Services, L.L.C..(Shepps, Wendy) (Entered: 11/19/2012) | |||
| 2012-11-21 | 20 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate DB Servicing Corporation, Other Affiliate 1.Discover Bank for Discover Financial Services, L.L.C.. Document filed by Discover Financial Services, L.L.C..(Shepps, Wendy) (Entered: 11/21/2012) | |||
| 2012-11-21 | 21 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Weltman, Weinberg & Reis Co., L.P.A..(Shepps, Wendy) (Entered: 11/21/2012) | |||
| 2012-11-28 | 22 | 0 | ENDORSED LETTER: addressed to John F. Keenan from Brian J. Olson dated 11/28/2012 re: Defendants Equifax Information Services LLC. requests that its lead Counsel, Brian J. Olson, be permitted to appear telephonically at the Initial Pre Trial Conference scheduled for December 5, 2012, at 10:30 a.m. As grounds for this motion. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge John F. Keenan on 11/28/2012) (js) (Entered: 11/28/2012) | |||
| 2012-12-04 | 23 | 0 | FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Milton Gotay.(Keshavarz, Ahmad) Modified on 12/5/2012 (ka). (Entered: 12/04/2012) | |||
| 2012-12-05 | 24 | 0 | JOINT RULE 26(F) REPORT AND JOINT SCHEDULING ORDER: Date for completion of factual discovery. The parties shall complete all discovery of factual matters on or before June 27, 2013. Counsel may by agreement continue discovery beyond the deadline. The parties shall complete all discovery of expert matters on or before February 3, 2014. Depositions of experts may be taken at any time provided they are completed by the close of expert discovery. The deadline to file all motions to amend or supplement pleadings or to join additional parties is January 25, 2013. The parties' dispositive motion deadline shall be May 2, 2014. Discovery is to be supervised by Magistrate Judge Maas. Status Conference April 30, 2014 at 11:30 a.m. (Signed by Judge John F. Keenan on 12/5/2012) (mro) (Entered: 12/05/2012) | |||
| 2012-12-05 | 25 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Frank Maas. (Signed by Judge John F. Keenan on 12/5/2012) (mro) (Entered: 12/05/2012) | |||
| 2013-01-29 | 26 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Ahmad Keshavatz dated 1/29/2013 re: On January 25, 2013 the undersigned faxed a letter to Your Honor requesting to extend the deadline for parties to move to amend their pleadings by 30 days to February 25, 2013. At the time of the submission of the letter request the undersigned had not received a response from all defendants indicating whether they consented. ENDORSEMENT: The extension is approved.(Signed by Magistrate Judge Frank Maas on 1/29/2013) (djc) (Entered: 01/29/2013) | |||
| 2013-01-29 | 27 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Ahmad Keshavarz dated 1/25/2013 re: Plaintiff respectfully requests a 30 day extension to move to amend pleadings, making the new deadline February 25, 2013. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Amended Pleadings due by 2/25/2013.)(Signed by Magistrate Judge Frank Maas on 1/28/2013) (djc) (Entered: 01/29/2013) | |||
| 2013-02-21 | 28 | 0 | MOTION for Paul A. Jansen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8255271. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Transunion, L.L.C.. (Attachments: # 1 Certificate of Good Standing, # 2 [Proposed] Order For Admission Pro Hac Vice)(Jansen, Paul) (Entered: 02/21/2013) | |||
| 28 | 1 | Certificate of Good Standing | ||||
| 28 | 2 | [Proposed] Order For Admission Pro Hac Vice | ||||
| 2013-02-22 | 29 | 0 | ORDER FOR ADMISSION PRO HAC VICE granting 28 Motion for Paul A. Jansen to Appear Pro Hac Vice. (Signed by Judge John F. Keenan on 2/22/2013) (rjm) (Entered: 02/22/2013) | 2013-03-18 17:23:56 | 87725d56f58d35f9fb9ccde92dcff5965141ef7a | |
| 2013-02-22 | 30 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Ahmad Keshavarz dated 2/11/2013 re: The undersigned represents Plaintiff in this suit for violations of the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and for related claims. In compliance with Local Rule 37.2 I conferred good faith via telephone January 31, 2013 with Wendy Shepps, counsel for the Debt Collector Defendants, in an effort to resolve this discovery dispute, but those attempts failed. (I also corresponded with her on a number of occasions prior to that). During the phone call she indicated that she would produce documents within 3 business days. She has not. I asked about the role of the four different Discover Bank entities in the debt collection and credit reporting of the putative debt. She indicated that I would have to incur the expense of a deposition of Discover in order to even get this basic information. ENDORSEMENT: I find it perplexing that opposing counsel have not responded to this letter. They are directed to do so by 3/1/13. Thereafter, the Court will hold a conference in Courtroom 20A on March 7 at 5 pm. All counsel are required to attend. (Signed by Magistrate Judge Frank Maas on 2/21/2013) (djc) Modified on 2/25/2013 (djc). (Entered: 02/25/2013) | 2013-03-18 17:24:45 | 968290d6ee1147a40ac051fd1c4f19f58e843c98 | |
| 2013-02-22 | 31 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Wendy B. Shepps dated 2/21/2013 re: This office represents Defendants Discover Financial Services, LLC, Weltman, Weinberg, & Reis Co., LPA and Cohen & Slamowitz, LLP in the above-referenced matter in which plaintiff alleges violations of the Fair Debt Collection Practices Act. On February 11, 2013, plaintiff's counsel submitted a letter to the Court seeking the scheduling of a discovery conference and leave to file a motion to compel discovery. ENDORSEMENT: Counsel appears to have very different views of the status of discovery. To resolve those issues and to discuss settlement, the Court will hold a conference in Courtroom 20A on March 7, 2013, at 5 p.m. Mr. Keshavarz is directed to have the plaintiff attend the conference. ( Status Conference set for 3/7/2013 at 05:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 2/22/2013) (djc) (Entered: 02/25/2013) | 2013-03-18 17:25:54 | c3c06f3e396d88ad62ed1146e96c794d7e9e68a2 | |
| 2013-02-26 | 32 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Ahmad Keshavarz dated 2/25/2013 re: By agreement of all parties, Plaintiff respectfully requests that the Court adjourn from March 7, 2013 at 5:00 PM to March 20, 2013 at 3:00 PM the pre-motion conference for Plaintiff to file a motion to compel against the Defendants Discover Financial Services L.L.C., Weltman, Weinberg & Reis Co., L.P.A., and Cohen & Slamowitz L.L.P. (collectively the "Debt Collector Defendants.") Also by agreement of all parties, Plaintiff respectfully requests to enlarge the deadline to move to amend pleadings from February 25, 2013 to after the proposed March 20, 2013 hearing on Plaintiff's request for a pre-motion conference to file a motion to compel. ENDORSEMENT: I'm pleased everyone was able to agree on a day and time. Unfortunately, nobody consulted my Chambers, which would have indicated that the proposed slot is not feasible. Counsel are directed to place a conference call to my Chambers by 3/4/13 to reschedule. The deadline to amend is adjourned sine die. (Signed by Magistrate Judge Frank Maas on 2/26/2013) (djc) (Entered: 02/27/2013) | 2013-03-18 17:28:09 | 50a787ee00a75de3b963677234628707e910bb1a | |
| 2013-03-01 | 33 | 0 | ORDER: It is hereby ORDERED that a discovery and settlement conference in this matter has been scheduled for March 19, 2013, at 2 p.m., in Courtroom 9A of the Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street, New York, New York. The plaintiff, plaintiff's counsel, and defendants' counsel are directed to appear in person. Representatives of the defendants with settlement authority shall be permitted to participate by telephone. They may do so by calling into a conference call center and providing the Court with the dial-in information. ( Settlement Conference set for 3/19/2013 at 02:00 PM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas, Status Conference set for 3/19/2013 at 02:00 PM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 3/1/2013) (djc) (Entered: 03/04/2013) | 2013-03-18 17:30:16 | e4bd0de0b0bf6bb858f23541dba54f4528c497ea | |
| 2013-03-14 | 34 | 0 | MOTION for Robert J. Schuckit to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8320904. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Transunion, L.L.C.. (Attachments: # 1 Certificate Of Good Standing - Supreme Court Of Indiana, # 2 Certificate Of Good Standing - Supreme Court Of Illinois, # 3 Certificate Of Good Standing - Supreme Court Of Wisconsin, # 4 [Proposed] Order For Admission Pro Hac Vice)(Schuckit, Robert) (Entered: 03/14/2013) | |||
| 2013-03-18 | 35 | 0 | ORDER FOR ADMISSION PRO HAC VICE. The motion of Robert J. Schuckit, for admission to practice Pro Hac Vice in the above-captioned action is granted. Granting 34 Motion for Robert J. Schuckit to Appear Pro Hac Vice. (Signed by Judge John F. Keenan on 3/18/2013). (rjm) (Entered: 03/18/2013) | |||
| 2013-03-20 | 36 | 0 | STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: The terms and condition of this Stipulated Protective Order do not bind the Court, which may vary its terms as it sees fit. (Signed by Magistrate Judge Frank Maas on 3/19/2013) (djc) Modified on 3/22/2013 (djc). (Entered: 03/20/2013) | |||
| 2013-03-21 | 38 | 0 | ORDER: Pursuant to the conference held on March 19, 2013, it is hereby ORDERED that a further telephone conference shall be held on June 3, 2013, at 10:00 a.m. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 3/21/2013) Copies Sent By Chambers. (rsh) (Entered: 03/22/2013) | 2013-06-03 09:56:18 | 71617daf7b6e376f7e1cc52098be5e88acfb3c36 | |
| 2013-04-02 | 39 | 0 | MOTION for Terri R. Brown to Withdraw as Attorney. Document filed by Transunion, L.L.C..(Brown, Terri) (Entered: 04/02/2013) | |||
| 2013-04-03 | 40 | 0 | MEMO ENDORSED ON MOTION TO WITHDRAW PRO HAC VICE ADMISSION OF TERRI R. BROWN: granting 39 Motion to Withdraw as Attorney. Attorney Terri R. Brown terminated. (Signed by Judge John F. Keenan on 4/3/2013) (sac) (Entered: 04/03/2013) | |||
| 2013-04-04 | 41 | 0 | MOTION for Breanne J. Strubinger to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8389074. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Transunion, L.L.C.. (Attachments: # 1 Certificate Of Good Standing, # 2 Order For Admission Pro Hac Vice)(Strubinger, Breanne) (Entered: 04/04/2013) | |||
| 2013-04-08 | 42 | 0 | ORDER FOR ADMISSION PRO HAC VICE granting 41 Motion for Breanne J. Strubinger to Appear Pro Hac Vice. (Signed by Judge John F. Keenan on 4/8/2013). (rjm) (Entered: 04/08/2013) | |||
| 2013-04-22 | 43 | 0 | TRANSCRIPT of Proceedings re: Discovery Disputes held on 3/19/2013 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/16/2013. Redacted Transcript Deadline set for 5/28/2013. Release of Transcript Restriction set for 7/25/2013.(sdi) (Entered: 04/22/2013) | |||
| 2013-04-22 | 44 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Disputes proceeding held on 3/19/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(sdi) (Entered: 04/22/2013) | |||
| 2013-05-17 | 45 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Ahmad Keshavarz dated 5/14/2013 re: Counsel for Plaintiff seek an in person hearing with all counsel to enforce the terms of the oral settlement agreements, and to enter judgments against the Defendants in the amount of the settlement if need be. ENDORSEMENT: 1) There was no settlement during any conference before me and there is no writing establishing TransUnion's acceptance of agreed settlement terms. In these circumstances, there is no reason for me to hold a hearing. 2) I note further that the referral to me was simply for general pretrial purposes. 3) Counsel are reminded that there is a telephone conference scheduled for 6/3/2013 at 10:00 a.m. (Signed by Magistrate Judge Frank Maas on 5/17/2013) (rsh) (Entered: 05/17/2013) | |||
| 2013-06-05 | 46 | 0 | ORDER OF DISCONTINUANCE: ORDERED that said action be and hereby is, discontinued with prejudice and without costs; provided, however, that within 30 days of the date of this order, counsel for plaintiff may apply by letter for restoration of the action to the active calendar of the court, in which event the action will be restored. (Signed by Magistrate Judge Frank Maas on 6/5/2013) (djc) (Entered: 06/05/2013) | |||
| 2014-04-21 | 47 | 0 | PLEASE BE ADVISED THAT THE CONFERENCE SCHEDULED FOR April 30, 2014 IS HEREBY CANCELLED. Dated 4/21/2014 by William Ryan, Clerk to Judge Keenan (djc) (Entered: 04/21/2014) |