New York Western District Court
Judge:Lawrence J Vilardo
Referred: Leslie G Foschio
Case #: 1:20-cv-00722
Nature of Suit480 Other Statutes - Consumer Credit
Cause15:1692 Fair Debt Collection Act
Case Filed:Jun 15, 2020
Terminated:Aug 24, 2022
Last checked: Saturday Dec 12, 2020 6:26 AM EST
Defendant
NU Era Towing and Service, Inc.
Represented By
Daniel W. Gerber
Gerber Ciano Kelly Brady
contact info
Aaron Jacob Aisen
Gerber Ciano Kelly Brady
contact info
Plaintiff
Faith Labadie
Represented By
Kenneth R. Hiller
Law Offices Of Kenneth Hiller
contact info
Seth Andrews
Law Offices Of Kenneth Hiller, Pplc
contact info


Docket last updated: 04/30/2024 11:59 PM EDT
Monday, January 08, 2024
28 28 appeal USCA Mandate Mon 01/08 11:58 AM
MANDATE of USCA as to25 Notice of Appeal, filed by Faith Labadie; ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED. (SG)
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Friday, October 07, 2022
27 27 appeal Clerks Certificate Fri 10/07 10:35 AM
CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re26 Designation of Record on Appeal/Index. (SG)
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Thursday, October 06, 2022
26 26 appeal Designation of Record on Appeal Thu 10/06 6:38 PM
DESIGNATION of Record on Appeal by Faith Labadie re25 Notice of Appeal, CLERK TO FOLLOW UP (Bromberg, Brian)
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Friday, September 23, 2022
utility Remark Fri 09/23 11:01 AM
Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (SG)
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utility Remark Fri 09/23 11:02 AM
Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (SG)
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Thursday, September 22, 2022
25 25 appeal Notice of Appeal Thu 09/22 8:09 PM
NOTICE OF APPEAL as to22 Order on Motion to Dismiss,, Order on Report and Recommendations,23 Judgment by Faith Labadie. Filing fee $ 505, receipt number ANYWDC-4681210.(Bromberg, Brian)
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Att: 1 Exhibit A -- Report and Recommendation,
Att: 2 Exhibit B -- Decision and Order adopting Report and Recommendation,
Att: 3 Exhibit C -- Judgment Dismissing Case,
Att: 4 Certificate of Service
24 24 notice Notice of Appearance Thu 09/22 8:05 PM
NOTICE of Appearance by Brian L. Bromberg on behalf of Faith Labadie (Bromberg, Brian)
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Wednesday, August 24, 2022
23 23 order Judgment Wed 08/24 12:40 PM
JUDGMENT in favor of NU Era Towing and Service, Inc. against Faith Labadie. Signed by Mary C. Loewenguth, Clerk of Court on 8/24/22. (SG)
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Tuesday, August 23, 2022
22 22 4 pgs order Order on Motion to Dismiss Order on Report and Recommendations Tue 08/23 5:17 PM
DECISION & ORDER granting10 Motion to Dismiss; adopting16 Report and Recommendations. The Clerk of the Court shall enter judgment for the defendant and close this case. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 8/23/2022. (RFI)
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Wednesday, August 03, 2022
21 21 respm Reply/Response Wed 08/03 3:50 PM
REPLY/RESPONSE to re19 Objection to Report and Recommendations filed by NU Era Towing and Service, Inc.. (Gerber, Daniel)
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Wednesday, July 13, 2022
order Text Order ~Util - Set Deadlines Wed 07/13 9:34 AM
TEXT ORDER re19 Objection filed by Faith Labadie. Response due by 8/3/2022. Reply due by 8/17/2022. If necessary, the Court will schedule oral argument at a later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/13/2022. (EK)
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Tuesday, July 12, 2022
19 19 respoth Objection to Report and Recommendations Tue 07/12 11:58 PM
OBJECTION to16 Report and Recommendations by Faith Labadie. (Andrews, Seth)
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Friday, June 24, 2022
order Text Order ~Util - Set Deadlines ~Util - Terminate Motions Fri 06/24 8:47 AM
TEXT ORDER granting17 MOTION for Extension of Time to File Response/Reply filed by Faith Labadie. Objections to R&R due by 7/12/2022. Responses due by 8/2/2022. Replies due by 8/16/2022. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/24/2022. (RFI)
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Thursday, June 23, 2022
17 17 motion Extension of Time to File Response/Reply Thu 06/23 3:25 PM
MOTION for Extension of Time to File Response/Reply by Faith Labadie.(Andrews, Seth)
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Tuesday, June 14, 2022
16 16 motion Report and Recommendations Tue 06/14 4:48 PM
REPORT AND RECOMMENDATIONS re10 Defendant's MOTION to Dismiss filed by NU Era Towing and Service, Inc. should be GRANTED; the Complaint should be DISMISSED with prejudice and without leave to replead. The Clerk of Court should be directed to close the file. Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 06/14/2022. (TAH)
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Thursday, September 30, 2021
15 15 notice Notice of Withdrawal of Attorney Thu 09/30 8:07 PM
NOTICE of Withdrawal of Attorney: Aaron J. Aisen no longer appearing for Defendant NU Era Towing and Service, Inc.. CLERK TO FOLLOW UP. (Aisen, Aaron)
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Thursday, October 01, 2020
14 14 respm Reply/Response Fri 10/02 12:00 AM
REPLY/RESPONSE to re13 Memorandum in Opposition to Motion,10 MOTION to Dismiss filed by NU Era Towing and Service, Inc..(Aisen, Aaron)
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Att: 1 Certificate of Service
Wednesday, September 16, 2020
13 13 7 pgs respm Memorandum in Opposition to Motion Wed 09/16 11:28 PM
MEMORANDUM in Opposition re10 MOTION to Dismiss filed by Faith Labadie. (Andrews, Seth)
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Monday, August 17, 2020
12 12 order Text Order ~Util - Set Deadlines Mon 08/17 12:38 PM
TEXT ORDER re10 MOTION to Dismiss filed by NU Era Towing and Service, Inc. Responses due by 9/16/2020. Replies due by 10/1/2020. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 8/17/2020. (SDW)
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Thursday, August 13, 2020
11 11 order Order Referring Case to Magistrate Judge Thu 08/13 10:37 AM
TEXT REFERRAL ORDER (DISPOSITIVE) - 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) and (B), 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 also 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). 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 Hon. Lawrence J. Vilardo on 8/13/2020. (CMD)
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Wednesday, August 12, 2020
10 10 motion Dismiss Wed 08/12 4:35 PM
MOTION to Dismiss by NU Era Towing and Service, Inc..(Aisen, Aaron)
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Att: 1 Memorandum in Support,
Att: 2 Certificate of Service
Wednesday, July 22, 2020
9 9 misc Corporate Disclosure Statement Wed 07/22 1:06 PM
Corporate Disclosure Statement by NU Era Towing and Service, Inc.. (Aisen, Aaron)
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8 8 notice Notice of Appearance Wed 07/22 1:05 PM
NOTICE of Appearance by Aaron Jacob Aisen on behalf of NU Era Towing and Service, Inc. (Aisen, Aaron)
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Wednesday, July 15, 2020
utility Remark Wed 07/15 11:32 AM
ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
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Tuesday, July 14, 2020
7 7 order Text Order ~Util - Update Answer Due Date Tue 07/14 11:48 AM
TEXT ORDER re5 Stipulation filed by NU Era Towing and Service, Inc., IS HEREBY SO ORDERED. Answer due on or before 8/12/2020. Issued by Hon. Lawrence J. Vilardo on 7/14/2020. (RFI)
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Monday, July 13, 2020
6 6 notice Notice of Appearance Mon 07/13 4:48 PM
NOTICE of Appearance by Daniel W. Gerber on behalf of NU Era Towing and Service, Inc. (Gerber, Daniel)
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5 5 misc Stipulation Mon 07/13 4:19 PM
STIPULATION Extending Time to Answer by NU Era Towing and Service, Inc.. (Gerber, Daniel)
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4 4 misc Letter Mon 07/13 4:18 PM
Letter filed by NU Era Towing and Service, Inc. as to NU Era Towing and Service, Inc. Letter to Hon. Vilardo Accompanying Stipulation to Extend Time to Answer . (Gerber, Daniel)
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Thursday, June 25, 2020
3 3 service Summons Returned Executed Thu 06/25 4:54 PM
SUMMONS Returned Executed by Faith Labadie. NU Era Towing and Service, Inc. served on 6/22/2020, answer due 7/13/2020. (Andrews, Seth)
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Tuesday, June 16, 2020
2 2 service Summons Issued Tue 06/16 11:18 AM
Summons Issued as to NU Era Towing and Service, Inc. (JD)
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utility Case Assigned/Reassigned Tue 06/16 11:12 AM
Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JD)
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adr Automatic Referral to Mediation Tue 06/16 11:14 AM
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] . (JD)
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notice Notice of Availability of Magistrate Judge Tue 06/16 11:15 AM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (JD)
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Monday, June 15, 2020
1 1 cmp Complaint Mon 06/15 4:27 PM
COMPLAINT against NU Era Towing and Service, Inc. $ 400 receipt number 0209-3867578, filed by Faith Labadie.(Andrews, Seth)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons