Try our Advanced Search for more refined results
Barshay Rizzo
-
Order | Filed: May 02, 2024 | Entered: May 06, 2024 Diaz v. National Enterprise Systems, Inc.
Consumer Credit | New York Eastern
~Util - Terminate Civil Case
Civil Case Terminated; Case closed. Case Remanded (JC)
-
Filed: May 02, 2024 | Entered: May 02, 2024 WHITE v. EASTPOINT RECOVERY GROUP, INC.
480(Consumer Credit) | Indiana Southern
Final Judgment - The court having made its Entry for final judgment, now enters final judgment. This action is DISMISSED, and the case is closed. Signed by Judge Tanya Walton Pratt on 5/2/2024.(KAA) (Entered: 05/02/2024)
-
Order | Filed: May 02, 2024 | Entered: May 02, 2024 Diaz v. National Enterprise Systems, Inc.
Consumer Credit | New York Eastern
Order on Motion to Show Cause
ORDER denying 10 Motion for Order to Show Cause and Remanding to State Court.
Upon review, finding the allegations in the complaint do not allege any injury in fact, for the reasons set forth in In re FDCPA Mailing Vendor Cases, No. CV 21-2312, 2021 WL 3160794, at *1 (E.D.N.Y. July 23, 2021) and Bush v. Optio Sols., LLC, No. CV211880GRBARL, 2021 WL 3201359, at *3 (E.D.N.Y. July 28, 2021), the Court finds plaintiff lacks standing and this Court lacks jurisdiction. This matter is hereby remanded to the state court, which may have jurisdiction over the FDCPA claim (as set forth in the Supreme Court's Transunion decision) and certainly has jurisdiction over plaintiff's NY State law claims.
As plaintiff's own representations in the complaint and DE 10 confirm that plaintiff does not have Article III standing, the motion for an order to show cause is denied as unnecessary. Accordingly, this matter is hereby REMANDED to the Suffolk County District Court, Sixth District Court: Patchogue (case number CV-2054-23BR) and the Clerk of the Court is respectfully directed to close the case.
Ordered by Judge Gary R. Brown on 5/2/2024. (KN)
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
- Archive of over 450,000 articles
- Database of over 2.1 million cases
- 62,000+ organization-specific pages.
- Daily and real-time news and case alerts on organizations, industries, and customized search queries.
- Significant legal events involving law firms, companies, industries, and government agencies.
- Learn more
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login