Massachusetts District Court
Judge:Allison D Burroughs
Case #: 1:23-cv-12152
Nature of Suit480 Other Statutes - Consumer Credit
Cause15:1692 Fair Debt Collection Act
Case Filed:Sep 21, 2023
Last checked: Thursday Mar 21, 2024 7:54 AM EDT
Defendant
Bridgecrest Acceptance Corporation
Represented By
Anne V. Kim
Wilson Elser Moskowitz Edelman & Dicker, LLP
contact info
Defendant
JMAC Distribution, LLC
Represented By
Anthony Bistany
contact info
Anne V. Kim
Wilson Elser Moskowitz Edelman & Dicker, LLP
contact info
Defendant
Loss Prevention Services, LLC
Represented By
Anne V. Kim
Wilson Elser Moskowitz Edelman & Dicker, LLP
contact info
Plaintiff
David Lyn Shue
Represented By
Yitzchak Zelman
Marcus & Zelman, LLC
contact info
Kevin V.K. Crick
Rights Protection Law Group, PLLC
contact info

GPO Aug 16 2024
Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Defendant JMAC's motion to dismiss, [ECF No. 15], is DENIED.SO ORDERED.(McManus, Caetlin)

Docket last updated: 05/02/2025 11:59 PM EDT
Tuesday, April 22, 2025
30 30 notice Notice of Rescheduling Tue 04/22 8:52 AM
ELECTRONIC NOTICE OF RESCHEDULING. Status Conference reset for 7/8/2025 09:00 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (KF)
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29 29 order Order on Motion for Extension of Time to Complete Discovery Tue 04/22 8:50 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting28 Motion for Extension of Time to 6/23/25 to Complete Discovery. (KF)
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Monday, April 21, 2025
28 28 motion Extension of Time to Complete Discovery Mon 04/21 12:24 PM
Joint MOTION for Extension of Time to June 23, 2024 to Complete Discovery by David Lyn Shue.(Zelman, Yitzchak)
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Att: 1 Proposed Order
Tuesday, January 28, 2025
27 27 misc Stipulation of Dismissal Tue 01/28 4:04 PM
STIPULATION of Dismissal without Prejudice as to Loss Prevention Services, LLC and Bridgecrest Acceptance Corporation by Loss Prevention Services, LLC, Bridgecrest Acceptance Corporation. (Kim, Anne)
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Tuesday, October 29, 2024
26 26 order Order ~Util - Set Deadlines/Hearings Tue 10/29 9:01 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered APPROVING25 Report of Rule 26(f) Planning Meeting, Proposed Schedule. Amended Pleadings due by 1/24/2025. Fact Discovery to be completed by 4/24/2025. Dispositive Motions due by 9/24/2025. Status Conference set for 4/25/2025 09:00 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs.(McManus, Caetlin)
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Monday, October 28, 2024
25 25 misc Report of Rule 26f Planning Meeting Mon 10/28 11:45 AM
REPORT of Rule 26(f) Planning Meeting. (Zelman, Yitzchak)
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Thursday, October 10, 2024
24 24 order Order Thu 10/10 3:13 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties shall file a joint proposed schedule by 10/24/24 and indicate whether they object to the court setting a schedule on the written submission. (Folan, Karen)
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23 23 answer Answer to Complaint Thu 10/10 2:35 PM
ANSWER to1 Complaint, with Jury Demand by JMAC Distribution, LLC.(Bistany, Anthony)
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22 22 misc Response to Court Order Thu 10/10 2:33 PM
RESPONSE TO COURT ORDER by JMAC Distribution, LLC re 21 Order to Show Cause,, . (Bistany, Anthony)
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Wednesday, October 09, 2024
21 21 order Order To Show Cause Wed 10/09 3:40 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On August 16, 2024, the Court denied Defendant JMAC's motion to dismiss. [ECF No.20 ]. Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendant JMAC's answer to Plaintiff's Complaint was due on August 30, 2024. Nearly two months later, Defendant JMAC has yet to file an answer. Defendant JMAC is hereby ordered to show cause, in writing, by October 18, 2024 , as to why it has not filed an answer to the Complaint. (McManus, Caetlin)
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Friday, August 16, 2024
20 20 10 pgs order Memorandum & Order Fri 08/16 1:12 PM
Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Defendant JMAC's motion to dismiss, [ECF No.15 ], is DENIED . SO ORDERED. (McManus, Caetlin)
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Monday, December 04, 2023
19 19 26 pgs respm Memorandum in Opposition to Motion Mon 12/04 4:40 PM
MEMORANDUM in Opposition re15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by David Lyn Shue. (Zelman, Yitzchak)
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Monday, November 20, 2023
18 18 answer Answer to Complaint Mon 11/20 3:20 PM
ANSWER to1 Complaint, with Jury Demand by Bridgecrest Acceptance Corporation.(Kim, Anne)
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17 17 answer Answer to Complaint Mon 11/20 3:18 PM
ANSWER to1 Complaint, with Jury Demand by Loss Prevention Services, LLC.(Kim, Anne)
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16 16 15 pgs respm Memorandum in Support of Motion Mon 11/20 2:16 PM
MEMORANDUM in Support re15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JMAC Distribution, LLC. (Bistany, Anthony)
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15 15 motion Dismiss for Failure to State a Claim Mon 11/20 2:15 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JMAC Distribution, LLC.(Bistany, Anthony)
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14 14 notice Notice of Withdrawal of Appearance Mon 11/20 9:59 AM
NOTICE of Withdrawal of Appearance by Anne V. Kim for JMAC Distribution, LLC, ONLY (Kim, Anne)
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Thursday, November 09, 2023
13 13 order Order on Motion for Extension of Time to Answer Thu 11/09 11:46 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting12 Assented to MOTION for Extension of Time to File Answer (Second Motion) . JMAC Distribution, LLC answer due 11/20/2023. (Folan, Karen)
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12 12 motion Extension of Time to File Answer Thu 11/09 11:38 AM
Assented to MOTION for Extension of Time to File Answer (Second Motion) by JMAC Distribution, LLC.(Kim, Anne)
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Friday, October 20, 2023
11 11 notice Notice of Appearance Fri 10/20 1:41 PM
NOTICE of Appearance by Anthony Bistany on behalf of JMAC Distribution, LLC (Bistany, Anthony)
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Thursday, October 12, 2023
10 10 order Order on Motion for Extension of Time to Answer Thu 10/12 3:37 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting9 Assented to MOTION for Extension of Time to November 13, 2023 to File Answer Bridgecrest Acceptance Corporation answer due 11/13/2023; JMAC Distribution, LLC answer due 11/13/2023; Loss Prevention Services, LLC answer due 11/13/2023. (Folan, Karen)
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9 9 motion Extension of Time to File Answer Thu 10/12 3:06 PM
Assented to MOTION for Extension of Time to November 13, 2023 to File Answer by Bridgecrest Acceptance Corporation, JMAC Distribution, LLC, Loss Prevention Services, LLC.(Kim, Anne)
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Monday, September 25, 2023
8 8 service Summons Returned Executed Mon 09/25 3:55 PM
SUMMONS Returned Executed JMAC Distribution, LLC served on 9/22/2023, answer due 10/13/2023. (Zelman, Yitzchak)
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Friday, September 22, 2023
7 7 service Summons Returned Executed Fri 09/22 3:42 PM
SUMMONS Returned Executed Loss Prevention Services, LLC served on 9/22/2023, answer due 10/13/2023. (Zelman, Yitzchak)
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6 6 service Summons Returned Executed Fri 09/22 12:54 PM
SUMMONS Returned Executed Bridgecrest Acceptance Corporation served on 9/21/2023, answer due 10/12/2023. (Zelman, Yitzchak)
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5 5 order Order on Motion for Leave to Appear Fri 09/22 12:09 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting4 Motion for Leave to Appear Pro Hac Vice Added Yitzchak Zelman. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (Dore, Samantha)
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4 4 motion Appear Pro Hac Vice Fri 09/22 12:03 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Yitzchak Zelman, Esq. Filing fee: $ 125, receipt number AMADC-10048771 by David Lyn Shue.(Crick, Kevin)
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Att: 1 Affidavit,
Att: 2 Certificate of Service
Thursday, September 21, 2023
3 3 service Summons Issued Thu 09/21 1:38 PM
Summons Issued as to Bridgecrest Acceptance Corporation, JMAC Distribution, LLC, Loss Prevention Services, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold)
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2 2 notice Notice of Case Assignment Thu 09/21 12:01 PM
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Horvath, Courtney)
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1 1 cmp Complaint Thu 09/21 11:34 AM
COMPLAINT against Bridgecrest Acceptance Corporation, Loss Prevention Services, LLC, JMAC Distribution, LLC Filing fee: $ 402, receipt number AMADC-10046627 (Fee Status: Filing Fee paid), filed by David Lyn Shue.(Crick, Kevin)
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Att: 1 Civil Cover Sheet,
Att: 2 Category Form