Bank v. Spark Energy, LLC

New York Eastern District Court
Judge:	Pamela K Chen
Referred:	Lois Bloom
Case #:	1:19-cv-04478
Nature of Suit	890 Other Statutes - Other Statutory Actions
Cause	47:227(b)(3) Telephone Consumer Protection Act of 1991

Case Filed:	Aug 05, 2019
Terminated:	Nov 24, 2020

Last checked: Saturday Feb 01, 2020 3:50 AM EST

Defendant Spark Energy, LLC	Represented By Michelle D. Pector Morgan, Lewis & Bockius LLP contact info Regina Schaffer-Goldman Morgan Lewis & Bockius LLP contact info
Plaintiff Todd C. Bank Kew Gardens, NY 11415	Represented By Todd C. Bank Law Office Of Todd C. Bank contact info

GPO Sep 24 2020
ORDER: For the reasons discussed in the attached Memorandum and Order, Defendant's 12 motion to dismiss is granted in its entirety, but without prejudice. Plaintiff shall show cause within thirty (30) days from the date of this Order why he should be permitted to file an amended complaint. Defendant may, but is not required, to respond within two (2) weeks of Plaintiffs show cause submission. Ordered by Judge Pamela K. Chen on 9/24/2020. (Marks, Miriam)

GPO Nov 23 2020
020 Order 23 dismissing all claims, the Clerk of Court is respectfully directed to enter judgment in favor of Defendant and close this case. Ordered by Judge Pamela K. Chen on 11/23/2020. (Nguyen, Andrew)ORDER: For the reasons discussed in the attached Memorandum & Order, Plaintiff is denied leave to file his 24 proposed amended complaint. Defendant's 27 motion to strike is denied. In light of this Order and the Court's September 24, 2

Docket last updated: 11/21/2024 11:59 PM EST

Tuesday, June 29, 2021
32		32 5 pgs appeal USCA Mandate Tue 06/29 10:11 AM MANDATE of USCA as to31 Notice of Appeal, filed by Todd C. Bank. IT IS HEREBY ORDERED, that the Judgment of the District Court is AFFIRMED. Issued as Mandate: 6/29/2021. USCA# 20-4071 (Jones, Vasean) Related: [-]
Monday, December 07, 2020
31		31 appeal Notice of Appeal Mon 12/07 3:15 PM NOTICE OF APPEAL as to23 Order on Motion to Dismiss,, Order on Motion to Amend/Correct/Supplement,29 Order on Motion to Strike,, Order Dismissing Case, by Todd C. Bank. Filing fee $ 505, receipt number ANYEDC-13795972. (Bank, Todd) Related: [-]
		appeal Electronic Index to Record on Appeal Mon 12/07 3:28 PM Electronic Index to Record on Appeal sent to US Court of Appeals.31 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) Related: [-]
Tuesday, November 24, 2020
30		30 order Judgment - Clerk Tue 11/24 12:57 PM CLERK'S JUDGMENT, that Defendant's motion to dismiss is granted in its entirety, but without prejudice; that Plaintiff is denied leave to file the Proposed Amended Complaint; that Defendants motion to strike is denied; and that judgment is hereby entered in favor of Defendant. Signed by Douglas C. Palmer, Clerk of Court, by J. Poveda, Deputy Clerk on 11/24/2020. (Layne, Monique) Related: [-]
Monday, November 23, 2020
29		29 13 pgs order Order on Motion to Strike Order Dismissing Case Mon 11/23 2:33 PM ORDER: For the reasons discussed in the attached Memorandum & Order, Plaintiff is denied leave to file his24 proposed amended complaint. Defendant's27 motion to strike is denied. In light of this Order and the Court's September 24, 2020 Order23 dismissing all claims, the Clerk of Court is respectfully directed to enter judgment in favor of Defendant and close this case. Ordered by Judge Pamela K. Chen on 11/23/2020. (Nguyen, Andrew) Related: [-]
Monday, October 19, 2020
28		28 respm Affidavit/Declaration in Opposition to Motion Mon 10/19 11:11 PM AFFIDAVIT/DECLARATION in Opposition re27 MOTION to Strike26 Memorandum in Opposition filed by Todd C. Bank. (Bank, Todd) Related: [-]
27		27 3 pgs motion Strike Mon 10/19 6:24 PM MOTION to Strike26 Memorandum in Opposition by Spark Energy, LLC. (Pector, Michelle) Related: [-]
		Att: 1 Proposed Order
26		26 18 pgs respoth Memorandum in Opposition Mon 10/19 2:03 AM MEMORANDUM in Opposition re25 Memorandum in Opposition Related [+] filed by Todd C. Bank. (Bank, Todd) Related: [-] sponse to Defendant's opposition to Plaintiff's declaration and proposed amended complaint
Friday, October 16, 2020
25		25 20 pgs respoth Memorandum in Opposition Fri 10/16 7:22 PM MEMORANDUM in Opposition re24 Response to Order to Show Cause , DEFENDANT'S OPPOSITION TO PLAINTIFF'S SHOW-CAUSE DECLARATION AND PROPOSED AMENDED COMPLAINT filed by Spark Energy, LLC. (Pector, Michelle) Related: [-]
Friday, October 02, 2020
24		24 21 pgs misc Response to Order to Show Cause Fri 10/02 11:21 PM RESPONSE TO ORDER TO SHOW CAUSE by Todd C. Bank (Bank, Todd) Related: [-]
Thursday, September 24, 2020
23		23 18 pgs order Order on Motion to Dismiss Order on Motion to Amend/Correct/Supplement Thu 09/24 6:19 PM ORDER: For the reasons discussed in the attached Memorandum and Order, Defendant's12 motion to dismiss is granted in its entirety, but without prejudice. Plaintiff shall show cause within thirty (30) days from the date of this Order why he should be permitted to file an amended complaint. Defendant may, but is not required, to respond within two (2) weeks of Plaintiffs show cause submission. Ordered by Judge Pamela K. Chen on 9/24/2020. (Marks, Miriam) Related: [-]
Tuesday, March 31, 2020
22		22 misc Transcript Tue 03/31 11:47 AM NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12-3-19, before Judge Chen. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/21/2020. Redacted Transcript Deadline set for 5/1/2020. Release of Transcript Restriction set for 6/29/2020. (Nardone, Michele) Related: [-]
Tuesday, December 03, 2019
		minutes Motion Hearing Tue 12/03 7:50 PM Minute Entry for proceedings held before Judge Pamela K. Chen: Oral argument held on 12/3/2019. Appearances by Todd C. Bank for Plaintiff pro se ; Michelle D. Pector (by telephone) and Regina Schaffer-Goldman for Defendant. Case called. Oral argument held on12 Defendant's motion to dismiss. Decision reserved. (Court Reporter Michele Nardone.) (Marks, Miriam) Related: [-]
Monday, December 02, 2019
21		21 motion Appear by Telephone Mon 12/02 10:38 AM Letter MOTION to Appear by Telephone in the oral argument of Defendant Spark Energy, LLC's motion to dismiss scheduled for December 3, 2019 at 2:00 p.m. by Spark Energy, LLC. (Pector, Michelle) Related: [-]
		order Order on Motion to Appear by Telephone Mon 12/02 12:41 PM ORDER: The Court grants Defendant's21 Motion to Appear by Telephone. Defendant's lead counsel may appear by telephone using the dial-in number: (718) 613 2510. Ordered by Judge Pamela K. Chen on 12/2/2019. (Marks, Miriam) Related: [-]
Tuesday, November 05, 2019
20		20 respoth Reply in Support Tue 11/05 6:57 PM REPLY in Support re18 Letter MOTION to Amend/Correct/Supplement12 MOTION to Dismiss DEFENDANT'S SUPPLEMENTAL MOTION TO DISMISS LETTER ,12 MOTION to Dismiss filed by Spark Energy, LLC. (Pector, Michelle) Related: [-]
Tuesday, October 29, 2019
19		19 14 pgs respoth Memorandum in Opposition Tue 10/29 6:06 PM MEMORANDUM in Opposition re18 Letter MOTION to Amend/Correct/Supplement12 MOTION to Dismiss DEFENDANT'S SUPPLEMENTAL MOTION TO DISMISS LETTER filed by Todd C. Bank. (Bank, Todd) Related: [-]
Wednesday, October 23, 2019
		order Order on Motion to Adjourn Conference Order on Motion to Withdraw Wed 10/23 11:43 AM ORDER: The16 Motion to Withdraw plaintiff's15 Motion to Adjourn Conference is granted. Ordered by Judge Pamela K. Chen on 10/23/2019. (Abdallah, Fida) Related: [-]
Tuesday, October 22, 2019
18		18 motion Amend/Correct/Supplement Tue 10/22 6:03 PM Letter MOTION to Amend/Correct/Supplement12 MOTION to Dismiss DEFENDANT'S SUPPLEMENTAL MOTION TO DISMISS LETTER by Spark Energy, LLC. (Pector, Michelle) Related: [-]
17		17 motion Amend/Correct/Supplement Tue 10/22 5:45 PM Letter MOTION to Amend/Correct/Supplement12 MOTION to Dismiss DEFENDANT'S SUPPLEMENTAL MOTION TO DISMISS LETTER by Spark Energy, LLC. (Schaffer-Goldman, Regina) Related: [-]
Monday, October 07, 2019
		order Scheduling Order Mon 10/07 3:42 PM ORDER: The Court construes12 Plaintiff's request for a pre-motion conference as a motion to dismiss and sets the following expedited briefing schedule: Plaintiff may file a supplemental letter, not to exceed five (5) pages, by October 22, 2019 . Defendant may file a supplemental response, via letter and not to exceed five (5) pages, by October 29, 2019 . Plaintiff may file a reply, via letter not to exceed three (3) pages, by November 5, 2019 . Oral argument on the motion shall take place on December 3, 2019 , at 2:00 p.m. Ordered by Judge Pamela K. Chen on 10/7/2019. (Marks, Miriam) Related: [-]
Wednesday, October 02, 2019
16		16 motion Withdraw Wed 10/02 9:53 PM MOTION to Withdraw15 MOTION to Adjourn Conference on October 16 (on consent) (Dkt. No. 15 was inadvertently filed) by Todd C. Bank. (Bank, Todd) Related: [-]
15		15 motion Adjourn Conference Wed 10/02 8:08 PM MOTION to Adjourn Conference on October 16 (on consent) by Todd C. Bank. (Bank, Todd) Related: [-]
Thursday, September 19, 2019
14		14 2 pgs order Order on Motion for Leave to Appear Pro Hac Vice Fri 09/20 11:10 AM ORDER granting10 Motion for Leave to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Eastern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Lois Bloom on 9/19/2019. (Love, Alexis) Related: [-]
Tuesday, September 17, 2019
13		13 respm Response to Motion Tue 09/17 11:22 PM RESPONSE to Motion re12 Letter MOTION for pre motion conference filed by Todd C. Bank. (Bank, Todd) Related: [-]
12		12 3 pgs motion Pre Motion Conference Tue 09/17 6:00 PM Letter MOTION for pre motion conference by Spark Energy, LLC. (Schaffer-Goldman, Regina) Related: [-]
11		11 misc Corporate Disclosure Statement Tue 09/17 5:58 PM Corporate Disclosure Statement by Spark Energy, LLC identifying Corporate Parent Spark HoldCo, LLC for Spark Energy, LLC. (Schaffer-Goldman, Regina) Related: [-]
Monday, September 16, 2019
10		10 motion Appear Pro Hac Vice Mon 09/16 7:37 PM MOTION to Appear Pro Hac Vice for Defendant Spark Energy, LLC Filing fee $ 150, receipt number ANYEDC-11853454. by Spark Energy, LLC. (Pector, Michelle) Related: [-]
		Att: 1 Exhibit A - Affidavit of Michelle D. Pector,
		Att: 2 Exhibit B - Certificate of Good Standing,
		Att: 3 Proposed Order Exhibit C - Proposed Order
Thursday, August 29, 2019
		order Order on Motion for Extension of Time to Answer Thu 08/29 1:52 PM ORDER: Defendant Spark Energy, LLC ("Spark") requests a 14-day extension of time to respond to plaintiff's complaint. ECF No. 9. This is Spark's first request for an extension and plaintiff consents. Id. The request is granted. Defendant Spark shall respond to plaintiff's complaint by September 17, 2019. Ordered by Magistrate Judge Lois Bloom on 8/29/2019. (Downs, Abigail) Related: [-]
Wednesday, August 28, 2019
9		9 motion Extension of Time to File Answer Wed 08/28 4:46 PM Letter MOTION for Extension of Time to File Answer re1 Complaint by Spark Energy, LLC. (Schaffer-Goldman, Regina) Related: [-]
8		8 notice Notice of Appearance Wed 08/28 4:44 PM NOTICE of Appearance by Regina Schaffer-Goldman on behalf of Spark Energy, LLC (aty to be noticed) (Schaffer-Goldman, Regina) Related: [-]
Thursday, August 22, 2019
7		7 order Order(Other) ~Util - Set Deadlines Fri 08/23 10:26 PM ORDER: The Honorable Pamela K. Chen assigned this case to me for all pretrial purposes. Enclosed is a copy of the "Individual Practices of Magistrate Judge Lois Bloom." Plaintiff and defendant, alike, are required to follow these rules. Plaintiff is to provide a copy of this Order and the enclosed rules to defendant along with the summons and complaint. Plaintiff shall have 90 days from the date of this Order to serve defendant and file proof of service with the Court. Accordingly, if proper service is not made upon defendant by 11/20/2019, or if plaintiff fails to show good cause why such service has not been effected by that date, it will be recommended that the Court should dismiss this action without prejudice. Plaintiff is required to advise the Clerk of Court of any change of address. Plaintiff may choose to receive electronic notification of court issued filings in this civil case. If plaintiff is eligible and wishes to receive electronic notification of court issued documents, plaintiff should complete the attached Registration and Consent form and return the form to the Court. SO ORDERED by Magistrate Judge Lois Bloom, on 8/22/2019. C/mailed w/Attachments: # 1 Individual Practices of Magistrate Judge Lois Bloom, # 2 Instruction for Pro Se Registration and Consent for Electronic Service of Orders and Notices Issued by the Court in Civil Cases, # 3 Pro Se Registration and Consent Form. (Service upon Defendant due by 11/20/2019.) (Latka-Mucha, Wieslawa) Related: [-]
Tuesday, August 06, 2019
6		6 service Summons Issued Tue 08/06 2:09 PM Summons Issued as to Spark Energy, LLC. (Davis, Kimberly) Related: [-]
5		5 1 pgs misc Quality Control Check - Attorney Case Opening Tue 08/06 1:58 PM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) Related: [-]
4		4 misc Clerks Notice of Rule 73 Tue 08/06 1:57 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. (Davis, Kimberly) Related: [-]
		utility Case Assigned/Reassigned Tue 08/06 1:57 PM Case Assigned to Judge Pamela K. Chen and Magistrate Judge Lois Bloom. 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. (Davis, Kimberly) Related: [-]
Monday, August 05, 2019
3		3 misc Proposed Summons/Civil Cover Sheet Mon 08/05 9:41 AM Civil Cover Sheet.. by Todd C. Bank (Bank, Todd) Related: [-]
2		2 misc Proposed Summons/Civil Cover Sheet Mon 08/05 9:40 AM Proposed Summons. by Todd C. Bank (Bank, Todd) Related: [-]
1		1 11 pgs cmp Complaint Mon 08/05 9:40 AM COMPLAINT against Spark Energy, LLC filing fee $ 400, receipt number ANYEDC-11728427 Was the Disclosure Statement on Civil Cover Sheet completed -y,, filed by Todd C. Bank. (Bank, Todd) Related: [-]

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