This case was last updated from PACER on 06/09/2016 at 05:20:54 (UTC).

Dick v. Enhanced Recovery Company, LLC

Case Summary

On 05/07/2015 Dick filed a Finance - Consumer Credit lawsuit against Enhanced Recovery Company, LLC. This case was filed in U.S. District Courts, New York Eastern District. The Judges overseeing this case are Judge Roslynn R. Mauskopf and Chief Mag. Judge Steven M. Gold. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:15-CV-02631

  • Filing Date:

    05/07/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Finance - Consumer Credit

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Eastern District

Judge Details

Judge

Judge Roslynn R. Mauskopf

Referral Judge

Chief Mag. Judge Steven M. Gold

 

Party Details

Plaintiff

Yitzchok Dick

Defendant

Enhanced Recovery Company, LLC

Attorney/Law Firm Details

Plaintiff Attorney

Adam Jon Fishbein

Attorney at Adam J. Fishbein, Attorney at Law

483 Chestnut Street

Cedarhurst, NY 11516

Defendant Attorneys

Scott S. Gallagher

Attorney at Smith, Gambrell & Russell, LLP

50 North Laura Street, Suite 2600

Jacksonville, FL 32202

John Gerard McCarthy

Attorney at Smith Gambrell & Russell LLP

1301 Avenue Of The Americas, 21St Floor

New York, NY 10019

 

Court Documents

#19

(#19) NOTICE OF MOTION TO DISMISS the Complaint in its entirety; filed by Enhanced Recovery Company, LLC. W/Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss, # 3 Defendant's Reply Brief in Support of its Motion to Dismiss. (Gallagher, Scott) (Modified on 2/9/2016.) (Entered: 02/08/2016)

#18

(#18) Consent MOTION for Extension of Time to File Response to Motion to Dismiss by Yitzchok Dick. (Fishbein, Adam) (Entered: 01/03/2016)

#17

(#17) Minute Entry for proceedings held before Judge Roslynn R. Mauskopf:Pre Motion Conference held on 11/5/2015. Briefing schedule set as follows: Defendant shall serve their motion papers by December 4, 2015. Plaintiff shall serve their opposition papers by January 4, 2016. Defendant shall serve their reply papers and file its fully-briefed motion by January 18, 2016. (Court Reporter Angela Grant.) (Valentin, Winnethka) (Entered: 11/05/2015)

#16

(#16) Minute Entry for Initial Conference Hearing held on 9/9/2015 before Chief Magistrate Judge Steven M. Gold: Fishbein, with Dick, for plaintiff; Gallagher and McCarthy for defendant. The parties agree that there are no facts in dispute. They are unable to reach a settlement at this time. The parties will advise my chambers promptly upon the resolution of the Rule 12 motion they seek leave to bring, and are encouraged to consider consenting to reassignment of this case to the undersigned magistrate judge and to file a consent form if they so agree. (Vasquez, Lea) (Entered: 09/10/2015)

#15

(#15) NOTICE of Change of Address of the New York office of the law firm of Smith, Gambrell & Russell, LLP by John Gerard McCarthy (McCarthy, John) (Entered: 09/08/2015)

#14

(#14) RESPONSE to Motion re 6 Letter MOTION for pre motion conference Corrected as Per Directive of Court that Response May not Be Longer than Five Pages filed by Yitzchok Dick. (Attachments: # 1 Letter to Adam J. Fishbein, # 2 Defendant's Rule 11 Notice of Motion, # 3 Defendant's Rule 11 Memorandum of Law, # 4 Email from Defedant's Counsel July 31, 2015, # 5 Email from Defendant's Counsel August 11, 2015) (Fishbein, Adam) (Entered: 08/26/2015)

#13

(#13) MOTION to Adjourn Conference by Enhanced Recovery Company, LLC. (McCarthy, John) (Entered: 08/21/2015)

#12

(#12) Consent Motion to Appear by Telephone for Plaintiff by Yitzchok Dick. (Fishbein, Adam) (Entered: 08/18/2015)

#11

(#11) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-7960454. by Enhanced Recovery Company, LLC. (Attachments: # 1 Affidavit Affidavit of Scott Gallagher, # 2 Proposed Order Proposed Order) (Gallagher, Scott) (Entered: 08/18/2015)

#10

(#10) RESPONSE to Motion re 6 Letter MOTION for pre motion conference Addressing Court's Order of August 14, 2015 filed by Yitzchok Dick. (Fishbein, Adam) (Entered: 08/14/2015)

#9

(#9) RESPONSE in Opposition re 6 Letter MOTION for pre motion conference filed by Yitzchok Dick. (Attachments: # 1 Defendant's Cover Letter, # 2 Defendant's Rule 11 Notice of Motion, # 3 Defendant's Rule 11 Memorandum of Law, # 4 Defendant's Certificate of Service, # 5 July 31, 2105 Email, # 6 August 11, 2015 Email) (Fishbein, Adam) (Entered: 08/14/2015)

#8

(#8) Letter from John G. McCarthy to the Honorable Steven M. Gold by Enhanced Recovery Company, LLC (McCarthy, John) (Entered: 08/13/2015)

#7

(#7) MOTION for Extension of Time to File Response to Pre Motion Conference Request and Request to File an Extended Letter by Yitzchok Dick. (Fishbein, Adam) (Entered: 08/11/2015)

#6

(#6) Letter MOTION for pre motion conference by Enhanced Recovery Company, LLC. (McCarthy, John) (Entered: 08/07/2015)

#5

(#5) SCHEDULING ORDER: An initial conference will be held in this case at 10:00 a.m. on August 25, 2015 before Chief United States Magistrate Judge Steven M. Gold, at 225 Cadman Plaza East, Brooklyn, New York. The plaintiff client and a principal with full settlement authority for the corporate defendant must personally appear with counsel at the conference. Counsel are directed to refer to and comply with the attached Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/20/2015. (Attachments: # 1 Chambers Individual Rules) (Vasquez, Lea) (Entered: 05/20/2015)

#4

(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 05/07/2015)

#3

(#3) 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: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. (Bowens, Priscilla) (Entered: 05/07/2015)

#2

(#2) Summons Issued as to Enhanced Recovery Company, LLC. (Bowens, Priscilla) (Entered: 05/07/2015)

10 More Documents Available

 

Docket Entries

  • 02/08/2016
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  • (#19) NOTICE OF MOTION TO DISMISS the Complaint in its entirety; filed by Enhanced Recovery Company, LLC. W/Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss, # 3 Defendant's Reply Brief in Support of its Motion to Dismiss. (Gallagher, Scott) (Modified on 2/9/2016.) (Entered: 02/08/2016)

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  • 01/03/2016
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  • (#18) Consent MOTION for Extension of Time to File Response to Motion to Dismiss by Yitzchok Dick. (Fishbein, Adam) (Entered: 01/03/2016)

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  • 11/05/2015
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  • (#17) Minute Entry for proceedings held before Judge Roslynn R. Mauskopf:Pre Motion Conference held on 11/5/2015. Briefing schedule set as follows: Defendant shall serve their motion papers by December 4, 2015. Plaintiff shall serve their opposition papers by January 4, 2016. Defendant shall serve their reply papers and file its fully-briefed motion by January 18, 2016. (Court Reporter Angela Grant.) (Valentin, Winnethka) (Entered: 11/05/2015)

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  • 09/10/2015
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  • (#16) Minute Entry for Initial Conference Hearing held on 9/9/2015 before Chief Magistrate Judge Steven M. Gold: Fishbein, with Dick, for plaintiff; Gallagher and McCarthy for defendant. The parties agree that there are no facts in dispute. They are unable to reach a settlement at this time. The parties will advise my chambers promptly upon the resolution of the Rule 12 motion they seek leave to bring, and are encouraged to consider consenting to reassignment of this case to the undersigned magistrate judge and to file a consent form if they so agree. (Vasquez, Lea) (Entered: 09/10/2015)

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  • 09/08/2015
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  • (#15) NOTICE of Change of Address of the New York office of the law firm of Smith, Gambrell & Russell, LLP by John Gerard McCarthy (McCarthy, John) (Entered: 09/08/2015)

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  • 08/26/2015
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  • (#14) RESPONSE to Motion re 6 Letter MOTION for pre motion conference Corrected as Per Directive of Court that Response May not Be Longer than Five Pages filed by Yitzchok Dick. (Attachments: # 1 Letter to Adam J. Fishbein, # 2 Defendant's Rule 11 Notice of Motion, # 3 Defendant's Rule 11 Memorandum of Law, # 4 Email from Defedant's Counsel July 31, 2015, # 5 Email from Defendant's Counsel August 11, 2015) (Fishbein, Adam) (Entered: 08/26/2015)

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  • 08/21/2015
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  • (#13) MOTION to Adjourn Conference by Enhanced Recovery Company, LLC. (McCarthy, John) (Entered: 08/21/2015)

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  • 08/18/2015
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  • (#12) Consent Motion to Appear by Telephone for Plaintiff by Yitzchok Dick. (Fishbein, Adam) (Entered: 08/18/2015)

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  • 08/18/2015
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  • (#11) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-7960454. by Enhanced Recovery Company, LLC. (Attachments: # 1 Affidavit Affidavit of Scott Gallagher, # 2 Proposed Order Proposed Order) (Gallagher, Scott) (Entered: 08/18/2015)

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  • 08/14/2015
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  • (#10) RESPONSE to Motion re 6 Letter MOTION for pre motion conference Addressing Court's Order of August 14, 2015 filed by Yitzchok Dick. (Fishbein, Adam) (Entered: 08/14/2015)

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  • 08/14/2015
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  • (#9) RESPONSE in Opposition re 6 Letter MOTION for pre motion conference filed by Yitzchok Dick. (Attachments: # 1 Defendant's Cover Letter, # 2 Defendant's Rule 11 Notice of Motion, # 3 Defendant's Rule 11 Memorandum of Law, # 4 Defendant's Certificate of Service, # 5 July 31, 2105 Email, # 6 August 11, 2015 Email) (Fishbein, Adam) (Entered: 08/14/2015)

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  • 08/13/2015
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  • (#8) Letter from John G. McCarthy to the Honorable Steven M. Gold by Enhanced Recovery Company, LLC (McCarthy, John) (Entered: 08/13/2015)

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  • 08/11/2015
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  • (#7) MOTION for Extension of Time to File Response to Pre Motion Conference Request and Request to File an Extended Letter by Yitzchok Dick. (Fishbein, Adam) (Entered: 08/11/2015)

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  • 08/07/2015
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  • (#6) Letter MOTION for pre motion conference by Enhanced Recovery Company, LLC. (McCarthy, John) (Entered: 08/07/2015)

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  • 05/20/2015
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  • (#5) SCHEDULING ORDER: An initial conference will be held in this case at 10:00 a.m. on August 25, 2015 before Chief United States Magistrate Judge Steven M. Gold, at 225 Cadman Plaza East, Brooklyn, New York. The plaintiff client and a principal with full settlement authority for the corporate defendant must personally appear with counsel at the conference. Counsel are directed to refer to and comply with the attached Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/20/2015. (Attachments: # 1 Chambers Individual Rules) (Vasquez, Lea) (Entered: 05/20/2015)

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  • 05/07/2015
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  • (#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 05/07/2015)

    Read MoreRead Less
  • 05/07/2015
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  • (#3) 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: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. (Bowens, Priscilla) (Entered: 05/07/2015)

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  • 05/07/2015
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  • (#2) Summons Issued as to Enhanced Recovery Company, LLC. (Bowens, Priscilla) (Entered: 05/07/2015)

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  • 05/07/2015
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  • (#1) COMPLAINT against Enhanced Recovery Company, LLC filing fee $ 400, receipt number 0207-7724624 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Yitzchok Dick. (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet) (Fishbein, Adam) (Entered: 05/07/2015)

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