Friedman v. Capital Accounts, LLC

New York Southern District Court
Judge:	Vincent L Briccetti
Referred:	Judith C Mccarthy
Case #:	7:19-cv-07262
Nature of Suit	480 Other Statutes - Consumer Credit
Cause	15:1692 Fair Debt Collection Act

Case Filed:	Aug 02, 2019
Terminated:	Apr 30, 2021

Docket
Parties (2)

Last checked: Wednesday Jan 29, 2020 4:04 AM EST

Defendant Capital Accounts, LLC
Plaintiff Jacob Friedman individually and on behalf of all others similarly situated, 7 Meron Drive Monroe, NY 10950	Represented By David Michael Barshay Barshay Sanders, PLLC contact info Craig B. Sanders Barshay Sanders, PLLC contact info Jonathan Mark Cader Barshay Sanders, PLLC contact info Jitesh Dudani Barshay Sanders, PLLC contact info

Docket last updated: 52 minutes ago

Friday, April 30, 2021
29		29 order Judgment - Clerk Fri 04/30 3:21 PM CLERK'S JUDGMENT re:28 Order Adopting Report and Recommendations. in favor of Capital Accounts, LLC against Jacob Friedman. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated April 30, 2021, the Court adopts the R&R as the opinion of the Court; the motion for default judgment and statutory damages, attorneys' fees and costs is denied, and the case is dismissed; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 4/30/2021) (dt) Related: [-]
		Att: 1 Notice of Right to Appeal
28		28 2 pgs order Order Adopting Report and Recommendations Fri 04/30 2:49 PM ORDER ADOPTING REPORT AND RECOMMENDATION for22 Report and Recommendation. Accordingly, the Court adopts the R&R as the opinion of the Court. The motion for default judgment and for statutory damages, attorneys' fees, and costs is DENIED. The case is dismissed. The Clerk is instructed to enter Judgment accordingly and close this case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/30/2021) (mml) Related: [-]
Wednesday, March 31, 2021
27		27 1 pgs order Order on Motion to Withdraw as Attorney Wed 03/31 12:09 PM MEMO ENDORSED ORDER granting26 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. David Barshay shall be terminated as plaintiffs counsel. The Clerk is instructed to terminate the motion. (Doc. #26). SO ORDERED. Attorney David Michael Barshay terminated. (Signed by Judge Vincent L. Briccetti on 3/31/2021) (mml) Related: [-]
Tuesday, March 30, 2021
26		26 motion Withdraw as Attorney Tue 03/30 6:30 PM MOTION for David Barshay to Withdraw as Attorney . Document filed by Jacob Friedman..(Barshay, David) Related: [-]
Wednesday, January 06, 2021
25		25 1 pgs order Order on Motion to Withdraw as Attorney Wed 01/06 11:45 AM MEMO ENDORSEMENT on MOTION TO WITHDRAW JITESH DUDANI, ESQ. AS COUNSEL TO PLAINTIFF: granting24 Motion to Withdraw as Attorney. ENDORSEMENT: Application Granted. Jitesh Dudani shall be terminated as plaintiff's counsel. The Clerk is instructed to terminate the motion (Doc. # 24) SO ORDERED. Attorney Jitesh Dudani terminated. (Signed by Judge Vincent L. Briccetti on 1/06/2021) (ama) Related: [-]
Tuesday, January 05, 2021
24		24 motion Withdraw as Attorney Tue 01/05 1:57 PM MOTION for Jitesh Dudani to Withdraw as Attorney . Document filed by Jacob Friedman..(Dudani, Jitesh) Related: [-]
Tuesday, May 05, 2020
23		23 respoth Objection to Report and Recommendations Tue 05/05 11:22 PM OBJECTION to22 Report and Recommendations Document filed by Jacob Friedman..(Cader, Jonathan) Related: [-]
Tuesday, April 21, 2020
22		22 order Report and Recommendations Tue 04/21 2:44 PM REPORT AND RECOMMENDATION. For the foregoing reasons, this Court respectfully recommends that Plaintiff's motion for default judgment and request for statutory damages, attorneys' fees and costs, (Docket Nos. 12-16), be denied with prejudice and that the Complaint be dismissed in its entirety. (Objections to R&R due by 5/5/2020). (Signed by Magistrate Judge Judith C. McCarthy on 4/21/2020) (rjm) Related: [-]
Monday, January 06, 2020
21		21 service Affidavit of Service Other Mon 01/06 2:13 PM AFFIDAVIT OF SERVICE of Order to Show Cause (without emergency relief) for default judgment and supporting documentation served on Capital Accounts, LLC on December 10, 2019. Service was made by Mail. Document filed by Jacob Friedman. (Cader, Jonathan) Related: [-]
Friday, January 03, 2020
20		20 1 pgs order Order Fri 01/03 3:56 PM ORDER: As discussed at a hearing today, at which plaintiff's counsel appeared in person and no one appeared for defendant, it is HEREBY ORDERED: 1. By January 6, 2020, plaintiff's counsel shall file proof of service on the docket as to the Court's December 3, 2019, Order to Show Cause (Doc. #17). 2. By separate Order, the Court will refer the motion for a default judgment to Magistrate Judge McCarthy for a report and recommendation. Magistrate Judge McCarthy will determine whether (i) plaintiff states a claim for relief, and (ii) if so, what, if any, damages, attorney's fees, and costs should be awarded to plaintiff. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/3/2020) (mml) Related: [-]
19		19 1 pgs order Order Referring Case to Magistrate Judge Fri 01/03 3:39 PM ORDER OF REFERENCE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) Including Docs. ## 12-17, order to show cause for default judgment. Referred to Magistrate Judge Judith C. McCarthy. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/03/2020) (ama) Related: [-]
		minutes Show Cause Hearing Fri 01/03 1:00 PM Minute Entry for proceedings held before Judge Vincent L. Briccetti: Show Cause Hearing held on 1/3/2020. (Court Reporter Angie Shaw-Crockett) No appearance by the defendant. Plaintiff's counsel shall submit a letter by 1-6-20. The matter will be referred to Judge McCarthy, by separate order.(dh) Related: [-]
Monday, December 30, 2019
18		18 notice Notice of Appearance Mon 12/30 3:44 PM NOTICE OF APPEARANCE by Jitesh Dudani on behalf of Jacob Friedman. (Dudani, Jitesh) Related: [-]
Tuesday, December 03, 2019
17		17 1 pgs order Order to Show Cause Tue 12/03 4:38 PM ORDER TO SHOW CAUSE (WITHOUT EMERGENCY RELIEF): Defendant shall show cause as to why a default judgment should not be entered. ORDERED that any opposition papers shall be filed with the Court and served on counsel for the Plaintiff on or before December 30, 2019; and it is further ORDERED that service on Defendant at its last known address on or before December 10, 2019, by first class mail shall be deemed good and proper service. Show Cause Hearing set for 1/3/2020 at 11:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. Show Cause Response due by 12/30/2019. (Signed by Judge Vincent L. Briccetti on 12/3/2019) (mml) Related: [-]
Wednesday, November 20, 2019
		misc Notice to Court Regarding Proposed Order Wed 11/20 7:49 AM ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 12 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) Related: [-]
		misc Notice to Court Regarding Proposed Order Wed 11/20 7:49 AM ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 15 Proposed Default Judgment was reviewed and approved as to form. (km) Related: [-]
Tuesday, November 19, 2019
16		16 18 pgs respoth Memorandum of Law in Support (non-motion) Tue 11/19 7:53 PM MEMORANDUM OF LAW in Support re:12 Proposed Order to Show Cause Without Emergency Relief . Document filed by Jacob Friedman. (Sanders, Craig) Related: [-]
15		15 misc Proposed Default Judgment Tue 11/19 7:51 PM PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Jacob Friedman. (Sanders, Craig) Related: [-]
14		14 misc Statement of Damages Tue 11/19 7:49 PM STATEMENT OF DAMAGES. Document filed by Jacob Friedman.(Sanders, Craig) Related: [-]
		Att: 1 Exhibit 1 - Itemization of Attorneys' Fees,
		Att: 2 Exhibit 2 - Itemization of Costs
13		13 respoth Declaration in Support (non-motion) Tue 11/19 7:48 PM DECLARATION of Craig B. Sanders in Support re:12 Proposed Order to Show Cause Without Emergency Relief. Document filed by Jacob Friedman.(Sanders, Craig) Related: [-]
		Att: 1 Exhibit 1 - Complaint,
		Att: 2 Exhibit 2 - Affidavit of Service
12		12 misc Proposed Order to Show Cause Without Emergency Relief Tue 11/19 7:39 PM PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Jacob Friedman. (Sanders, Craig) Related: [-]
11		11 notice Notice of Appearance Tue 11/19 7:34 PM NOTICE OF APPEARANCE by Jonathan Mark Cader on behalf of Jacob Friedman. (Cader, Jonathan) Related: [-]
Tuesday, November 05, 2019
10		10 2 pgs order Order ~Util - Set Deadlines Tue 11/05 5:42 PM ORDER: Accordingly, the Court sua sponte extends to November 19, 2019, plaintiff's time to move for default judgment. If plaintiff fails to move for default judgment or seek an extension of time in which to do so by November 19, 2019, the Court will dismiss this case for failure to prosecute or failure to comply with Court Orders. Fed. R. Civ. P. 41(b). SO ORDERED. (Motions due by 11/19/2019.) (Signed by Judge Vincent L. Briccetti on 11/5/2019) (mml) Related: [-]
Monday, September 16, 2019
9		9 misc Clerk's Certificate of Default Mon 09/16 7:57 AM CLERK'S CERTIFICATE OF DEFAULT as to Capital Accounts, LLC. (km) Related: [-]
Saturday, September 14, 2019
8		8 misc Proposed Clerk's Certificate of Default Sat 09/14 8:36 AM PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Jacob Friedman. (Sanders, Craig) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers) Related: [-]
		Att: 1 Affidavit Craig Sanders
Friday, September 13, 2019
7		7 1 pgs order Order ~Util - Set Deadlines Fri 09/13 9:00 AM ORDER: Accordingly, it is HEREBY ORDERED that by October 11, 2019, plaintiff shall seek a certificate of default as to defendant Capital Accounts, LLC, and by November 1, 2019, shall move for default judgment as to defendant, in accordance with Judge Briccetti's Individual Practices Attachment A. If plaintiff fails to satisfy either deadline, the Court may dismiss the case for failure to prosecute or failure to comply with court orders. Fed. R. Civ. P. 41(b). (As further set forth in this Order.) (Motions due by 11/1/2019.) (Signed by Judge Vincent L. Briccetti on 9/13/2019) (cf) Related: [-]
Monday, August 12, 2019
6		6 service Summons Returned Executed Mon 08/12 2:40 PM SUMMONS RETURNED EXECUTED. Capital Accounts, LLC served on 8/9/2019, answer due 8/30/2019. Service was accepted by Paul Hopeck, Assistant Vice President. Document filed by Jacob Friedman. (Barshay, David) Related: [-]
Monday, August 05, 2019
5		5 service Summons Issued Mon 08/05 9:58 AM ELECTRONIC SUMMONS ISSUED as to Capital Accounts, LLC. (pc) Related: [-]
		notice Case Opening Initial Assignment Notice Mon 08/05 9:56 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pc) Related: [-]
		utility Case Designation Mon 08/05 9:56 AM Magistrate Judge Judith C. McCarthy 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:[LINK:http://nysd.uscourts.gov/forms.php] . (pc) Related: [-]
		utility Case Designated ECF Mon 08/05 9:58 AM Case Designated ECF. (pc) Related: [-]
Friday, August 02, 2019
4		4 notice Notice of Appearance Fri 08/02 6:25 PM NOTICE OF APPEARANCE by David Michael Barshay on behalf of Jacob Friedman. (Barshay, David) Related: [-]
3		3 misc Civil Cover Sheet Fri 08/02 6:24 PM CIVIL COVER SHEET filed. (Sanders, Craig) Related: [-]
2		2 service Request for Issuance of Summons Fri 08/02 6:24 PM REQUEST FOR ISSUANCE OF SUMMONS as to Capital Accounts, LLC, re:1 Complaint. Document filed by Jacob Friedman. (Sanders, Craig) Related: [-]
1		1 cmp Complaint Fri 08/02 6:23 PM COMPLAINT against Capital Accounts, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17366518)Document filed by Jacob Friedman.(Sanders, Craig) Related: [-]
		Att: 1 Exhibit 1

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