Kraus et al v. MRS BPO, L.L.C.

New York Eastern District Court
Judge:Allyne R Ross
Referred: Ramon E Reyes, Jr
Case #: 1:17-cv-03572
Nature of Suit480 Other Statutes - Consumer Credit
Cause15:1692 Fair Debt Collection Act
Case Filed:Jun 13, 2017
Terminated:Jun 27, 2019
Last checked: Sunday Dec 10, 2017 3:22 AM EST
Defendant
MRS BPO, L.L.C.
Represented By
Michael Thomas Etmund
Moss & Barnett
contact info
Plaintiff
Blima Kraus
Represented By
Adam Jon Fishbein
Adam J. Fishbein, P.C.
contact info
Plaintiff
David Kraus
Represented By
Adam Jon Fishbein
Adam J. Fishbein, P.C.
contact info


Docket last updated: 3 hours ago
Thursday, June 27, 2019
18 18 1 pgs order Order Dismissing Case Thu 06/27 2:55 PM
ORDER directing that the case be dismissed without prejudice to reopen within 60 days if settlement consummated. Ordered by Judge Allyne R. Ross on 6/26/2019. (Marziliano, August)
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order 1 - Terminate Hearings Order(Other) ~Util - Set Deadlines Thu 06/27 11:07 AM
ORDER re17 Notice of Settlement filed by MRS BPO, L.L.C. In light of the parties reporting that a settlement have been reached, the 7/10/19 Status Conference scheduled before Magistrate Judge Reyes is cancelled. The parties are directed to file their Stipulation of Dismissal on or before 8/26/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/27/2019. (Vertus, Miriam)
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Tuesday, June 25, 2019
17 17 notice Notice of Settlement Tue 06/25 3:40 PM
NOTICE of Settlement by MRS BPO, L.L.C. (Etmund, Michael)
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Wednesday, May 22, 2019
order Order on Motion to Adjourn Conference Wed 05/22 9:37 AM
ORDER granting16 Motion to Adjourn Conference. Status Conference adjourned for 7/10/2019 at 12:15 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/22/2019. (Vertus, Miriam)
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Tuesday, May 21, 2019
16 16 motion Adjourn Conference Tue 05/21 3:49 PM
Consent MOTION to Adjourn Conference by Blima Kraus, David Kraus. (Fishbein, Adam)
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15 15 notice Notice of Appearance Tue 05/21 3:20 PM
NOTICE of Appearance by Aleksander Piotr Powietrzynski on behalf of MRS BPO, L.L.C. (aty to be noticed) (Powietrzynski, Aleksander)
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Friday, May 03, 2019
order Scheduling Order Fri 05/03 4:41 PM
SCHEDULING ORDER: All parties and counsel are directed to appear in person for a Status Conference on 5/23/2019 at 04:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 5/3/2019. (Several, Emily)
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Friday, April 13, 2018
14 14 misc Status Report Fri 04/13 4:04 PM
STATUS REPORT and Request to Continue Stay by MRS BPO, L.L.C. (Etmund, Michael)
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order Order(Other) Fri 04/13 5:06 PM
ORDER granting re14 Status Report and Request to Continue filed by MRS BPO, L.L.C. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/13/2018. (Vertus, Miriam)
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Friday, March 30, 2018
order Status Report Order Fri 03/30 5:03 PM
ORDER: In light of the Second Circuit's March 29th decision in Taylor v. Financial Recovery Services, Inc., No. 17-1650 cv, counsel are to meet and confer regarding future proceedings for this case, and submit a status report setting forth each parties' position thereon, no later than 4/13/2018. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/30/2018. (Vertus, Miriam)
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Thursday, February 01, 2018
order Order on Motion to Stay Order(Other) ~Util - Set Deadlines Thu 02/01 11:14 AM
ORDER granting12 Motion to Stay for reasons stated in defendant's motion. Joint Status Report is due by 7/26/2018 or within 7 days of decision in Taylor v. Financial Recovery Services, Inc. whichever is earlier. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/1/2018. (Genovese, Jacqueline)
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order ~Util - Case Stayed Thu 02/01 11:40 AM
Case stayed for Appeal Proceeding. Litigation Pending Outcome of Appeal to Second Circuit in Case no. 17-1650 Taylor v. Financial Recovery Services, Inc. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/14/2017. (See case no. 2:17-cv-00647(ARR)(RER)) (Vertus, Miriam)
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notice Notice of Failure to Comply with ECF Requirement Thu 02/01 12:50 PM
The parties are reminded to file all future status reports or motions seeking relief from the Court in all of the related cases. (Vertus, Miriam)
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Monday, January 29, 2018
13 13 misc Status Report Mon 01/29 2:55 PM
STATUS REPORT Joint by MRS BPO, L.L.C. (Etmund, Michael)
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Friday, January 19, 2018
12 12 motion Stay Fri 01/19 3:35 PM
Letter MOTION to Stay by MRS BPO, L.L.C.. (Etmund, Michael)
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Tuesday, December 19, 2017
11 11 misc Corporate Disclosure Statement Tue 12/19 9:41 AM
Corporate Disclosure Statement by MRS BPO, L.L.C. identifying Corporate Parent MRS Associates, Inc. for MRS BPO, L.L.C.. (Etmund, Michael)
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10 10 answer Answer to Complaint Tue 12/19 9:34 AM
ANSWER to1 Complaint, by MRS BPO, L.L.C.. (Etmund, Michael)
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Tuesday, November 21, 2017
order Order Reassigning Case Tue 11/21 3:28 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Allyne R. Ross and Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge LaShann DeArcy Hall, Magistrate Judge Lois Bloom no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.. Ordered by Chief Judge Dora Lizette Irizarry on 11/21/2017. (Davis, Kimberly)
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order Status Report Order Tue 11/21 3:36 PM
ORDER: Joint Status Report is due by 1/26/2018. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/21/2017. (Vertus, Miriam)
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Thursday, November 16, 2017
9 9 notice Notice(Other) Thu 11/16 12:56 PM
NOTICE by MRS BPO, L.L.C. of Related Cases (Etmund, Michael)
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8 8 notice Notice of Appearance Thu 11/16 12:50 PM
NOTICE of Appearance by Michael Thomas Etmund on behalf of MRS BPO, L.L.C. (aty to be noticed) (Etmund, Michael)
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Monday, October 23, 2017
7 7 service Waiver of Service Executed Mon 10/23 10:53 AM
WAIVER OF SERVICE Returned Executed by David Kraus, Blima Kraus. MRS BPO, L.L.C. waiver sent on 10/20/2017, answer due 12/19/2017. (Fishbein, Adam)
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Thursday, October 19, 2017
order Order on Motion to Continue ~Util - Set Deadlines Thu 10/19 5:05 PM
ORDER granting6 Motion to Continue; By letter-motion dated October 18, 2017, plaintiff's counsel requests that the Court extend the time for service of the complaint. ECF No.6 . Counsel states that defendant's counsel "has agreed to sign a waiver of summons if the Court were to extend the time to serve the complaint." Id. Plaintiff's request is granted. Plaintiff shall serve defendant with a waiver of service by October 27, 2017. Ordered by Magistrate Judge Lois Bloom on 10/19/2017. (DeAtley, Tavish)
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Wednesday, October 18, 2017
6 6 motion Continue Wed 10/18 7:09 PM
MOTION to Continue by Blima Kraus, David Kraus. (Fishbein, Adam)
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Thursday, October 05, 2017
order Status Report Order Thu 10/05 11:58 AM
ORDER re5 Status Report filed by David Kraus, Blima Kraus: By Order dated September 20, 2017, the Court noted that its record does not reflect service of the summons and complaint on the defendant. Accordingly, the Court directed plaintiff to file proof that defendant was properly served, or show good cause why defendant was not timely served. By letter dated October 4, 2017, plaintiff states that service was not timely made as counsel for defendant failed to execute a waiver of service. ECF No.5 . Although plaintiff states that "it is within the perview [sic] of the Court to extend the time to serve," plaintiff does not request that the Court take any action in regards to extending the Rule 4(m) deadline. Id. Instead, plaintiff states that he hopes that counsel can "come to an amicable resolution of this issue and avoid motion practice." Id. Plaintiff shall submit a status report by October 18, 2017. If service has not been resolved, plaintiff shall take appropriate action by October 18, 2017, or I shall recommend that this action should be dismissed under Rule 41(b) for failure to prosecute. Fed. R. Civ. P. 41(b). Ordered by Magistrate Judge Lois Bloom on 10/5/2017. (DeAtley, Tavish)
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Wednesday, October 04, 2017
5 5 misc Status Report Wed 10/04 1:04 PM
STATUS REPORT by Blima Kraus, David Kraus (Fishbein, Adam)
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Wednesday, September 20, 2017
order Scheduling Order Wed 09/20 2:57 PM
SCHEDULING ORDER: Plaintiffs filed the complaint on June 13, 2017. ECF No. 1. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service on defendants was to be effected by September 11, 2017. However, as of this Order, the Court's record does not reflect service of the summons and complaint on the defendant. Plaintiffs shall file proof that defendant was properly served within the 90-day deadline, or show good cause in writing why defendant was not timely served by October 4, 2017. If plaintiffs fail to show proof of timely service or good cause for why such service was not made, I shall recommend that this action should be dismissed pursuant to Federal Rule of Civil Procedure 4(m). Ordered by Magistrate Judge Lois Bloom on 9/20/2017. (DeAtley, Tavish)
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Wednesday, June 14, 2017
4 4 service Summons Issued Wed 06/14 3:27 PM
Summons Issued as to MRS BPO, L.L.C.. (Davis, Kimberly)
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3 3 misc Quality Control Check - Attorney Case Opening Wed 06/14 3:26 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
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2 2 misc Clerks Notice of Rule 73 Wed 06/14 3:25 PM
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:[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. (Davis, Kimberly)
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utility Case Assigned/Reassigned Wed 06/14 3:23 PM
Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)
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Tuesday, June 13, 2017
1 1 cmp Complaint Tue 06/13 7:34 PM
COMPLAINT against MRS BPO, L.L.C. filing fee $ 400, receipt number 0207-9601597 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by David Kraus, Blima Kraus. (Fishbein, Adam)
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Att: 1 Proposed Summons,
Att: 2 Civil Cover Sheet