New York Eastern District Court
Judge:Kiyo A Matsumoto
Referred: Sanket J Bulsara
Case #: 1:21-cv-01088
Nature of Suit480 Other Statutes - Consumer Credit
Cause15:1692 Fair Debt Collection Act
Case Filed:Mar 01, 2021
Terminated:Jun 03, 2021
Last checked: Saturday Aug 28, 2021 5:18 AM EDT
Defendant
MCS Claim Services, Inc.
Represented By
Arthur Sanders
Barron & Newburger, P.C.
contact info
Plaintiff
Lea Pinkesz
Represented By
David M. Barshay
Barshay, Rizzo & Lopez, PLLC
contact info


Docket last updated: 4 hours ago
Thursday, June 03, 2021
order ~Util - Terminate Civil Case Thu 06/03 7:46 AM
Civil Case Terminated. (Williams-Jackson, Sandra)
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Wednesday, June 02, 2021
15 15 misc Stipulation of Dismissal Wed 06/02 3:53 PM
STIPULATION of Dismissal by MCS Claim Services, Inc. (Sanders, Arthur)
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14 14 notice Notice of Voluntary Dismissal Wed 06/02 3:24 PM
NOTICE of Voluntary Dismissal by Lea Pinkesz (Barshay, David)
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Monday, May 10, 2021
order Order(Other) Mon 05/10 9:23 AM
ORDER: In light of the parties' letter13 , the parties are directed to file a stipulation of dismissal by 6/1/2021 . So Ordered by Magistrate Judge Sanket J. Bulsara on 5/10/2021. (Farrell, Gillian)
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Friday, May 07, 2021
13 13 notice Notice of Settlement Fri 05/07 2:02 PM
NOTICE of Settlement by Lea Pinkesz (Barshay, David)
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Monday, May 03, 2021
order Order Referring Motion Mon 05/03 5:43 PM
ORDER REFERRING MOTION:12 MOTION for pre motion conference re8 Clerk's Entry of Default, to Strike Answer filed by Lea Pinkesz Ordered by Judge Kiyo A. Matsumoto on 5/3/2021. Motions referred to Sanket J. Bulsara. (Williams-Jackson, Sandra)
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Sunday, May 02, 2021
order Order(Other) Sun 05/02 2:40 PM
ORDER: On 4/30/2021, Defendant MCS Claim Services, Inc. ("Defendant") filed an answer to the Complaint. Defendant's answer was due on 4/7/2021. Because it filed an answer after the time to do so had passed, Defendant must file a motion by 5/10/2021 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara , 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC , 803 F. App'x 444, 446 n.2 (2d Cir. 2020). So Ordered by Magistrate Judge Sanket J. Bulsara on 5/2/2021. (Farrell, Gillian)
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Friday, April 30, 2021
12 12 motion Pre Motion Conference Fri 04/30 2:31 PM
MOTION for pre motion conference re8 Clerk's Entry of Default, to Strike Answer by Lea Pinkesz. (Barshay, David)
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11 11 misc Corporate Disclosure Statement Fri 04/30 1:47 PM
Corporate Disclosure Statement by MCS Claim Services, Inc. (Sanders, Arthur)
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10 10 answer Answer to Complaint Fri 04/30 1:47 PM
ANSWER to1 Complaint, by MCS Claim Services, Inc.. (Sanders, Arthur)
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Wednesday, April 28, 2021
9 9 notice Notice of Appearance Wed 04/28 10:43 AM
NOTICE of Appearance by Arthur Sanders on behalf of MCS Claim Services, Inc. (aty to be noticed) (Sanders, Arthur)
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Thursday, April 22, 2021
order Order(Other) Thu 04/22 12:31 PM
ORDER: Plaintiff shall file any motion for default judgment by 6/21/2021 . So Ordered by Magistrate Judge Sanket J. Bulsara on 4/22/2021. (Farrell, Gillian)
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Wednesday, April 21, 2021
8 8 order Clerks Entry of Default Wed 04/21 5:13 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant MCS Claim Services, Inc. has failed to appear or otherwise defend this action, the default of defendant MCS Claim Services, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Thursday, April 15, 2021
7 7 misc Request for Certificate of Default Thu 04/15 2:20 PM
Request for Certificate of Default by Lea Pinkesz (Barshay, David)
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Att: 1 Proposed Order
Tuesday, March 23, 2021
6 6 utility Case Referred to Arbitration Tue 03/23 2:59 PM
CASE REFERRED to Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d). The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d) (3). An Arbitration Hearing will be scheduled after an Answer is filed (Credle, Rita)
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Saturday, March 20, 2021
5 5 service Summons Returned Executed Sat 03/20 7:10 PM
SUMMONS Returned Executed by Lea Pinkesz. MCS Claim Services, Inc. served on 3/17/2021, answer due 4/7/2021. (Barshay, David)
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Tuesday, March 02, 2021
4 4 service Summons Issued Tue 03/02 12:31 PM
Summons Issued as to MCS Claim Services, Inc.. (Davis, Kimberly)
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3 3 misc Clerks Notice of Rule 73 Tue 03/02 12:29 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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2 2 misc Quality Control Check - Attorney Case Opening Tue 03/02 9:28 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) (Main Document 2 replaced on 3/2/2021) (Flanagan, Doreen)
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utility Case Assigned/Reassigned Tue 03/02 12:28 PM
Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Sanket J. Bulsara. 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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Monday, March 01, 2021
1 1 cmp Complaint Mon 03/01 4:34 PM
COMPLAINT against MCS Claim Services, Inc. filing fee $ 402, receipt number ANYEDC-14223214 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Lea Pinkesz. (Barshay, David)
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Att: 1 Exhibit,
Att: 2 Civil Cover Sheet,
Att: 3 Proposed Summons