Case details

Court: nywd
Docket #: 1:10-cv-00598
Case Name: Benteen v. Credit Bureau of North America, LLC, et al
PACER case #: 80066
Date filed: 2010-07-22
Date terminated: 2011-04-13
Assigned to: Hon. William M. Skretny
Referred to: Hon. Leslie G. Foschio
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
Brett L. Benteen
Plaintiff
Kenneth R. Hiller
Law Offices of Kenneth Hiller 6000 North Bailey Avenue Suite 1A Amherst, NY 14226 (716) 564-3288 Fax: (716) 332-1884 Email: khiller@kennethhiller.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Seth Andrews
Law Offices of Kenneth Hiller, PPLC 6000 North Bailey Avenue Suite 1A Amherst, NY 14226 716-564-3288 Fax: 716-332-1884 Email: sandrews@kennethhiller.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Antoinette Benteen
Plaintiff
Seth Andrews
(See above for address)
ATTORNEY TO BE NOTICED

Credit Bureau of North America, LLC
Defendant
David George Peltan
Peltan Law, PLLC 128 Church Street East Aurora, NY 14052 716-655-3887 Email: davidpeltan@roadrunner.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sage Capital Recovery, LLC
Defendant
Sergio Alves
Kaufman Borgeest & Ryan LLP 200 Summit Lake Drive 1st Floor Valhalla, NY 10595 914-449-1000 Fax: 914-449-1100 Email: salves@kbrlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-07-22 1 0 COMPLAINT against Credit Bureau of North America, LLC, Sage Capital Recovery, LLC ( Filing fee $ 350 receipt number 19213.), filed by Brett L. Benteen; demand for jury trial.(DZ) (Entered: 07/23/2010)
2010-07-22 2 0 AUTOMATIC REFERRAL to Mediation ; ADR Notice and Plan electronically forwarded to plaintiff's attorneys.(DZ) (Entered: 07/23/2010)
2010-08-16 3 0 SUMMONS Returned Executed by Brett L. Benteen. Sage Capital Recovery, LLC served on 8/5/2010, answer due 8/26/2010. (Andrews, Seth) (Entered: 08/16/2010)
2010-08-16 4 0 SUMMONS Returned Executed by Brett L. Benteen. Credit Bureau of North America, LLC served on 8/5/2010, answer due 8/26/2010. (Andrews, Seth) (Entered: 08/16/2010)
2010-08-26 5 0 ANSWER to 1 Complaint by Sage Capital Recovery, LLC.(Alves, Sergio) (Entered: 08/26/2010)
2010-08-26 6 0 Corporate Disclosure Statement by Sage Capital Recovery, LLC. (Alves, Sergio) (Entered: 08/26/2010)
2010-08-30 7 0 ADR Plan electronically forwarded to attorneys.(SG) (Entered: 08/30/2010)
2010-08-30 8 0 TEXT REFERRAL ORDER - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Chief Judge William M. Skretny on 8/30/2010. (JCD) (Entered: 08/30/2010)
2010-09-13 9 0 ORDER. Scheduling Conference set for 10/21/2010 10:30 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 9/13/2010. (SDW) (Entered: 09/14/2010)
2010-10-21 10 0 Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 10/21/2010. Case management order discussed, same to be filed by the court. Appearances: Pltf-Seth Andrews, Esq.; Dft-Sergio Alves, Esq. via telephone. (Court Reporter FTR Gold.) (SDW) (Entered: 10/21/2010)
2010-10-21 11 0 SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 11/12/2010. Stipulation of Selection of Mediator due by 11/19/2010. First Mediation Session due by 1/4/2011. Motions to Join Parties/Amend Pleadings due by 2/15/2011. Discovery completed by 7/21/2011. Motions to Compel Discovery due by 8/12/2011. Dispositive Motions due by 9/30/2011. Pretrial Statements due by 10/14/2011. Mediation To End by 10/31/2011. Final Pretrial Conference set for 11/17/2011 09:00 AM before Hon. William M. Skretny. Jury Trial set for 1/17/2012 09:30 AM before Hon. William M. Skretny. Signed by Hon. Leslie G. Foschio on 10/21/2010. (SDW) Modified on 10/22/2010 (SDW). (SDW). (Entered: 10/21/2010)
2010-11-03 12 0 ANSWER to 1 Complaint by Credit Bureau of North America, LLC.(Peltan, David) (Entered: 11/03/2010)
2010-11-03 13 0 Corporate Disclosure Statement by Credit Bureau of North America, LLC. (Peltan, David) (Entered: 11/03/2010)
2010-11-04 14 0 ADR Plan electronically forwarded to attorneys.(SG) (Entered: 11/04/2010)
2010-11-19 15 0 Stipulation-Selection of Mediator by Brett L. Benteen. (Andrews, Seth) (Entered: 11/19/2010)
2010-12-14 16 0 Mediation Certification by Hugh M. Russ, III(Russ, Hugh) (Entered: 12/14/2010)
2010-12-21 17 0 Mediation Certification by Hugh M. Russ, III(Russ, Hugh) (Entered: 12/21/2010)
2011-01-21 18 0 TEXT DISMISSAL ORDER as to CREDIT BUREAU OF NORTH AMERICA LLC This Court having been advised that this case has been settled. IT HEREBY IS ORDERED that this case is DISMISSED. FURTHER, the parties are directed to file with the Clerk of the Court a stipulation of discontinuance on or before 2/21/2011. FURTHER, that the Clerk of the Court is DIRECTED to close this case. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 1/21/2011. (CMD) (Entered: 01/21/2011)
2011-01-24 19 0 CORRECTED TEXT DISMISSAL ORDER This Court having been advised that this case has been settled as to Defendant CREDIT BUREAU OF NORTH AMERICA LLC.IT HEREBY IS ORDERED that this case is DISMISSED as to Defendant CREDIT BUREAU OF NORTH AMERICA LLC.FURTHER, the parties are directed to file with the Clerk of the Court a stipulation of discontinuance on or before 2/21/2011. FURTHER, that the Clerk of the Court is DIRECTED to terminate CREDIT BUREAU OF NORTH AMERICA LLC as a Defendant in this case. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 1/21/2011. (CMD) (Entered: 01/24/2011)
2011-01-25 20 0 Mediation Certification by Hugh M. Russ, III(Russ, Hugh) (Entered: 01/25/2011)
2011-02-15 21 0 First MOTION to Amend/Correct Complaint by Brett L. Benteen. (Attachments: # 1 Affirmation in Support, # 2 Memorandum in Support, # 3 Certificate of Service, # 4 Exhibit A, # 5 Exhibit B)(Andrews, Seth) (Entered: 02/15/2011)
2011-02-18 22 0 Mediation Certification by Hugh M. Russ, III(Russ, Hugh) (Entered: 02/18/2011)
2011-02-25 23 0 TEXT ORDER granting 21 Motion to Amend or Correct. Plaintiff shall file and serve the amended complaint not later than 20 days from the date of this order. SO ORDERED. Issued by Hon. Leslie G. Foschio on 2/25/2011. (SDW) (Entered: 02/25/2011)
2011-03-11 24 0 Mediation Certification by Hugh M. Russ, III(Russ, Hugh) (Entered: 03/11/2011)
2011-03-18 25 0 AMENDED COMPLAINT against Sage Capital Recovery, LLC, filed by Brett L. Benteen, Antoinette Benteen. (Attachments: # 1 Certificate of Service)(Andrews, Seth) (Entered: 03/18/2011)
2011-03-29 26 0 STIPULATION of Dismissal against Defendant, Credit Bureau of North America, by Antoinette Benteen, Brett L. Benteen. (Andrews, Seth) (Entered: 03/29/2011)
2011-03-29 27 0 Mediation Certification by Hugh M. Russ, III(Russ, Hugh) (Entered: 03/29/2011)
2011-04-01 28 0 STIPULATION re 25 Amended Complaint Time to Respond by Sage Capital Recovery, LLC. (Alves, Sergio) (Entered: 04/01/2011)
2011-04-07 29 0 TEXT ORDER approving 28 Stipulation filed by Sage Capital Recovery, LLC. Answer due date updated to 4/15/2011. SO ORDERED. Issued by Hon. Leslie G. Foschio on 4/7/2011. (SDW) (Entered: 04/07/2011)
2011-04-12 30 0 Mediation Certification by Hugh M. Russ, III(Russ, Hugh) (Entered: 04/12/2011)
2011-04-13 31 0 TEXT DISMISSAL ORDER This Court having been advised that this case has been settled. IT HEREBY IS ORDERED that this case is DISMISSED. FURTHER, the parties are directed to file with the Clerk of the Court a stipulation of discontinuance on or before 5/30/2011. FURTHER, that the Clerk of the Court is DIRECTED to close this case. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 4/12/2011. (CMD) (Entered: 04/13/2011)
2011-05-26 32 0 Consent MOTION for Extension of Time to File Stipulation of Discontinuance by Sage Capital Recovery, LLC.(Alves, Sergio) (Entered: 05/26/2011)
2011-06-06 33 0 STIPULATION of Dismissal as against Sage Capital Recovery, LLC by Antoinette Benteen, Brett L. Benteen. (Andrews, Seth) (Entered: 06/06/2011)
2011-10-21 34 0 TEXT ORDER. IT HEREBY IS ORDERED THAT, the 32 Motion for Extension of Time to File a Stipulation of Discontinuance is GRANTED. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 10/21/2011. (CMD) (Entered: 10/21/2011)