Garcia v. Kirschenbaum & Phillips, PC et al
| New York Eastern District Court | |
| Judge: | Steven Tiscione |
| Case #: | 2:23-cv-09223 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1692 Fair Debt Collection Act |
| Case Filed: | Dec 18, 2023 |
| Terminated: | Mar 13, 2024 |
| Case in other court: | Supreme Court NY Kings County, 532017/2023 |
| Last checked: Saturday Jun 15, 2024 6:20 AM EDT |
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Defendant
Discover Bank
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Represented By
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Defendant
Kirschenbaum & Phillips, PC
40 Daniel Street Suite 7
Farmingdale, NY 11735 |
Represented By
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Plaintiff
Dalia Garcia
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Represented By
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| Docket last updated: 3 hours ago |
| Wednesday, March 13, 2024 | ||
| 12 | 12
misc
Consent to Jurisdiction by US Magistrate Judge
Wed 03/13 8:32 AM
CONSENT to Jurisdiction by US Magistrate Judge 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. (TLH) |
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order
Order Dismissing Case
Wed 03/13 10:29 AM
ORDER DISMISSING CASE. The dismissal is approved and hereby entered as an Order of the Court. This case is dismissed. So Ordered by Magistrate Judge Steven Tiscione on 3/13/2024. (LV) |
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| Tuesday, March 12, 2024 | ||
| 11 | 11
misc
Stipulation of Dismissal
Tue 03/12 2:01 PM
STIPULATION of Dismissal by Dalia Garcia (Wennemer, Robert) |
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| Thursday, February 08, 2024 | ||
| 10 | 10
notice
Notice of Settlement
Thu 02/08 5:18 PM
NOTICE of Settlement by Dalia Garcia (Wennemer, Robert) |
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order
Order(Other)
Thu 02/08 5:37 PM
ORDER re10 Notice of Settlement filed by Dalia Garcia. In light of the notification by Plaintiff's counsel that the parties have reached a settlement in this case, the deadlines set on January 12th are stayed. The parties shall electronically filed the dismissal with the Court no later than March 12, 2024. So Ordered by Magistrate Judge Steven Tiscione on 2/8/2024. (LV) |
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| Friday, January 12, 2024 | ||
| 9 | 9
minutes
Initial Conference Hearing
Fri 01/12 6:31 PM
Minute Entry for Initial Conference Hearing held on 1/12/2024 before Magistrate Judge Steven Tiscione: Wennemer for Plaintiff; Kohl for Defendants. Case is scheduled for arbitration on April 11, 2024. Parties shall file a joint status report by April 18, 2024. Parties will advise the Court if a settlement conference would be productive. (Not Recorded.) (LV) |
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| Wednesday, January 10, 2024 | ||
| 8 | 8
misc
Proposed Scheduling Order
Wed 01/10 6:37 PM
Proposed Scheduling Order /Joint Discovery Plan Worksheet by Dalia Garcia (Wennemer, Robert) |
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| Wednesday, December 27, 2023 | ||
| 7 | 7
adr
Arbitration Designation and Procedure
Wed 12/27 10:48 AM
NOTICE DESIGNATING CASE TO ARBITRATION and NOTICE OF ARBITRATION HEARING The Arbitration hearing is scheduled to be held on : April 11, 2024 at 10:00 a.m. The deadline to select an arbitrator and schedule a pre-arbitration conference with the arbitrator is February 9, 2024 Counsel shall select an Arbitrator from the Courts Panel of Arbitrators and submit a fully executed Stipulation for Selection of Arbitrator to the ADR Coordinator noting the date of the pre-hearing conference. The Stipulation for Selection of Arbitrator can be found here: https://www.nyed.uscourts.gov/adr-forms. Counsel, please do not enter the Stipulation for Selection of Arbitrator on the docket. Counsel will return the fully executed Stipulation to the ADR Coordinator, Rita Credle at: Rita_credle@nyed.uscourts.gov. (RC) |
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utility
Case Referred to Arbitration
Wed 12/27 10:42 AM
CASE REFERRED to Arbitration. (RC) |
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| Tuesday, December 26, 2023 | ||
| 6 | 6
answer
Answer to Complaint
Tue 12/26 7:44 PM
ANSWER to Complaint by All Defendants. (Kohl, Michael) |
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| Thursday, December 21, 2023 | ||
| 5 | 5
misc
Consent to Jurisdiction by US Magistrate Judge
Thu 12/21 2:51 PM
CONSENT to Jurisdiction by US Magistrate Judge by Dalia Garcia. (Wennemer, Robert) |
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| Wednesday, December 20, 2023 | ||
| 4 | 4
order
Scheduling Order
Wed 12/20 12:32 PM
SCHEDULING ORDER: This case has been assigned to the undersigned Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. https://img.nyed.uscourts.gov/files/general-ordes/AdminOrder2023-23.pdf. The Administrative Order answers to Frequently Asked Questions about the Pilot Program. An initial conference will be held at 10:00 a.m. on January 12, 2024 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. The attached Discovery Plan Worksheet is to be completed by counsel and electronically filed with the Court by January 10th. 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 Steven Tiscione on 12/20/2023. (LV) |
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| Monday, December 18, 2023 | ||
| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Mon 12/18 1:33 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Mon 12/18 11:36 AM
Civil Cover Sheet.. by Discover Bank, Kirschenbaum & Phillips, PC (CV) |
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| 1 | 1
notice
Notice of Removal
Mon 12/18 10:07 AM
NOTICE OF REMOVAL by All Defendants from Supreme NY Kings County, case number 532017/2023. ( Filing fee $ 405 receipt number ANYEDC-17385473) (Kohl, Michael) |
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Att: 1
Removal Action Complaint
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notice
Notice: Re: Incomplete Civil Cover Sheet
Mon 12/18 11:03 AM
Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit the Completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
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utility
Case Assigned/Reassigned
Mon 12/18 2:47 PM
Case Assigned to Magistrate Judge Steven Tiscione. 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. (CL) |
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notice
Notice of Opportunity to Consent
Mon 12/18 2:48 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (CL) |
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