New York Eastern District Court
Judge:Diane Gujarati
Referred: James M Wicks
Case #: 2:21-cv-03461
Nature of Suit480 Other Statutes - Consumer Credit
Cause15:1692 Fair Debt Collection Act
Case Filed:Jun 18, 2021
Terminated:Jan 03, 2022
Last checked: Wednesday Dec 15, 2021 3:29 AM EST
Defendant
ATG Credit, LLC
Represented By
Arthur Sanders
Barron & Newburger, P.C.
contact info
Defendant
LVNV Funding, LLC
Represented By
Arthur Sanders
Barron & Newburger, P.C.
contact info
Plaintiff
Tracey Babst
Represented By
David M. Barshay
Barshay, Rizzo & Lopez, PLLC
contact info


Docket last updated: 05/15/2025 11:59 PM EDT
Monday, January 03, 2022
order Order Dismissing Case Mon 01/03 2:40 PM
ORDER DISMISSING CASE -- As stipulated and agreed by and between the parties in the17 Stipulation of Dismissal filed on December 30, 2021, this action is hereby dismissed with prejudice, and without costs to any party. The Clerk of Court is respectfully directed to close this case. Ordered by Judge Diane Gujarati on 1/3/2022. (Almonte, Kelly)
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Thursday, December 30, 2021
17 17 misc Stipulation of Dismissal Thu 12/30 12:27 PM
STIPULATION of Dismissal by ATG Credit, LLC, LVNV Funding, LLC (Sanders, Arthur)
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Tuesday, November 30, 2021
16 16 notice Notice of Settlement Tue 11/30 11:15 AM
NOTICE of Settlement by Tracey Babst (Barshay, David)
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order 1 - Terminate Hearings Tue 11/30 1:37 PM
ORDER. In light of the parties' notification to the Court that this matter has settled, the Initial Conference/Settlement Conference scheduled for 11/30/2021 is hereby canceled. The parties shall file a Stipulation of Dismissal on or before January 14, 2022. Ordered by Magistrate Judge James M. Wicks on 11/30/2021. (Weinstein, Tracy)
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Monday, October 18, 2021
15 15 misc Proposed Scheduling Order Mon 10/18 12:28 PM
Proposed Scheduling Order by Tracey Babst (Rahman, Zabeen)
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Thursday, October 07, 2021
order Scheduling Order 1 - Terminate Deadlines and Hearings Thu 10/07 4:47 PM
SCHEDULING ORDER: Due to a conflict in the Court's calendar, the Initial Conference set for 11/16/2021 is hereby ADJOURNED to 11/30/2021 at 02:00 PM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 10/7/2021. (Ortiz, Grisel)
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Thursday, September 30, 2021
order 1 - Terminate Hearings Thu 09/30 1:39 PM
ORDER. The Conference scheduled for September 30, 2021 is hereby canceled. The Initial Conference scheduled for October 29, 2021 remains in effect. Ordered by Magistrate Judge James M. Wicks on 9/30/2021. (Weinstein, Tracy)
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order Scheduling Order 1 - Terminate Deadlines and Hearings Thu 09/30 2:20 PM
SCHEDULING ORDER: Due to a conflict in the Court's calendar, the Initial Conference set for 10/29/2021 is hereby ADJOURNED to 11/16/2021 at 12:00 PM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 9/30/2021. (Ortiz, Grisel)
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Tuesday, August 17, 2021
14 14 order Scheduling Order Tue 08/17 9:41 AM
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference will be held at 2:30 PM on October 29, 2021 before Magistrate Judge James M. Wicks via video Zoom. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than October 22, 2021. Because this is an FDCPA case, each individual client and/or a principal with full settlement authority for a corporation or other business entity must personally appear with counsel at this Initial Conference. Upon failure to appear at the conference with authorized clients, the Court will entertain an application for fees and costs by the opposing side. Parties are to submit their respective settlement positions ex parte to Chamber's email no later than October 22, 2021. The parties shall comply with Judge Wicks' Individual Practice Rules regarding settlement Conferences (Rules §5). The Court will email the Zoom invitation closer to the conference date. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 8/17/2021.(Ortiz, Grisel)
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Att: 1 Discovery Plan Worksheet,
Att: 2 JMW Individual Rules
Monday, August 16, 2021
13 13 misc Corporate Disclosure Statement Mon 08/16 2:27 PM
Corporate Disclosure Statement by ATG Credit, LLC (Sanders, Arthur)
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12 12 answer Answer to Complaint Mon 08/16 2:26 PM
ANSWER to1 Complaint, by ATG Credit, LLC. (Sanders, Arthur)
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11 11 misc Corporate Disclosure Statement Mon 08/16 1:28 PM
Corporate Disclosure Statement by LVNV Funding, LLC (Sanders, Arthur)
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10 10 answer Answer to Complaint Mon 08/16 1:25 PM
ANSWER to1 Complaint, by LVNV Funding, LLC. (Sanders, Arthur)
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Wednesday, August 04, 2021
9 9 1 pgs order Order on Motion for Extension of Time to Answer Wed 08/04 9:32 AM
ORDER granting8 Motion for Extension of Time to Answer. ATG Credit, LLC answer due 8/16/2021; LVNV Funding, LLC answer due 8/16/2021. So Ordered by Magistrate Judge James M. Wicks on 8/4/2021. (Ortiz, Grisel)
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Tuesday, August 03, 2021
8 8 misc Stipulation Tue 08/03 8:27 AM
STIPULATION re1 Complaint, Extending Defendants' Time to Answer Complaint by ATG Credit, LLC, LVNV Funding, LLC (Sanders, Arthur)
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Wednesday, July 28, 2021
order Scheduling Order Wed 07/28 9:21 AM
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference will be held at 2:00 PM on September 30, 2021 before Magistrate Judge James M. Wicks via video Zoom. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than September 23, 2021. Because this is an FDCPA case, each individual client and/or a principal with full settlement authority for a corporation or other business entity must personally appear with counsel at this Initial Conference. Upon failure to appear at the conference with authorized clients, the Court will entertain an application for fees and costs by the opposing side. Parties are to submit their respective settlement positions ex parte to Chamber's email no later than September 23, 2021. The parties shall comply with Judge Wicks' Individual Practice Rules regarding settlement Conferences (Rules §5). The Court will email the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 7/28/2021. (Ortiz, Grisel)
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Monday, July 26, 2021
7 7 notice Notice of Appearance Mon 07/26 11:47 AM
NOTICE of Appearance by Arthur Sanders on behalf of ATG Credit, LLC (aty to be noticed) (Sanders, Arthur)
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6 6 notice Notice of Appearance Mon 07/26 11:46 AM
NOTICE of Appearance by Arthur Sanders on behalf of LVNV Funding, LLC (aty to be noticed) (Sanders, Arthur)
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Sunday, July 25, 2021
5 5 service Summons Returned Executed Sun 07/25 11:34 AM
SUMMONS Returned Executed by Tracey Babst. ATG Credit, LLC served on 7/19/2021, answer due 8/9/2021. (Barshay, David)
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4 4 service Summons Returned Executed Sun 07/25 11:16 AM
SUMMONS Returned Executed by Tracey Babst. LVNV Funding, LLC served on 7/9/2021, answer due 7/30/2021. (Barshay, David)
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Tuesday, June 22, 2021
3 3 service Summons Issued Tue 06/22 1:27 PM
Summons Issued as to All Defendants. (Landow, Concetta)
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Att: 1 Summons #2
2 2 misc Clerks Notice of Rule 73 Tue 06/22 1:18 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. (Landow, Concetta)
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misc Quality Control Check - Attorney Case Opening Tue 06/22 1:15 PM
This attorney case opening filing has been checked for quality control. (Landow, Concetta)
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utility Case Assigned/Reassigned Tue 06/22 1:18 PM
Case Assigned to Judge Diane Gujarati and Magistrate Judge James M. Wicks. 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. (Landow, Concetta)
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Friday, June 18, 2021
1 1 cmp Complaint Fri 06/18 10:45 PM
COMPLAINT against ATG Credit, LLC, LVNV Funding, LLC filing fee $ 402, receipt number ANYEDC-14580218 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Tracey Babst. (Barshay, David)
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Att: 1 Exhibit,
Att: 2 Civil Cover Sheet,
Att: 3 Proposed Summons,
Att: 4 Proposed Summons