Bank v. Alleviate Tax, LLC

New York Eastern District Court
Judge:	Pamela K Chen
Referred:	Peggy Kuo
Case #:	1:23-cv-05457
Nature of Suit	485 Other Statutes - Telephone Consumer Protection Act
Cause	47:227 Restrictions of Use of Telephone Equipment

Case Filed:	Jul 19, 2023
Terminated:	Mar 28, 2024

Docket
Parties (2)

Last checked: Friday Mar 15, 2024 7:41 PM EDT

Defendant Alleviate Tax, LLC	Represented By Jenniffer Cabrera Troutman Amin LLP contact info Philip Langer Fox Rothschild LLP contact info
Plaintiff Todd C. Bank Todd C. Bank, Attorney at Law, P.C. 119-40 Union Turnpike Fourth Floor Kew Gardens, NY 11415	Represented By Todd C. Bank Law Office Of Todd C. Bank contact info

Docket last updated: 11/15/2024 11:59 PM EST

Thursday, May 02, 2024
		order Order on Motion for Reconsideration Thu 05/02 9:35 AM ORDER: In light of24 Plaintiff's Letter withdrawing22 his Motion for Reconsideration, the Motion for Reconsideration is dismissed as moot. Ordered by Judge Pamela K. Chen on 5/2/2024. (MLB) Related: [-]
Wednesday, May 01, 2024
24		24 misc Letter Wed 05/01 5:29 PM Letter by Todd C. Bank (Bank, Todd) Related: [-]
Tuesday, April 02, 2024
		order Order(Other) Tue 04/02 12:07 PM ORDER: The Court is in receipt of22 Plaintiff's Motion for Reconsideration. The deadline for Defendant to respond is 5/1/2024. No reply will be considered. Ordered by Judge Pamela K. Chen on 4/2/2024. (MLB) Related: [-]
Monday, April 01, 2024
23		23 30+ pgs respoth Memorandum in Support Mon 04/01 6:52 PM MEMORANDUM in Support re22 MOTION for Reconsideration re20 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim filed by Todd C. Bank. (Bank, Todd) Related: [-]
22		22 motion Reconsideration Mon 04/01 6:51 PM MOTION for Reconsideration re20 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim by Todd C. Bank. (Bank, Todd) Related: [-]
Thursday, March 28, 2024
21		21 order Judgment - Clerk Thu 03/28 4:27 PM CLERK'S JUDGMENT: that Defendant's motion is granted; and this case is dismissed. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 3/28/2024. (JP) Related: [-]
20		20 15 pgs order Order on Motion to Dismiss Order on Motion to Dismiss for Failure to State a Claim Thu 03/28 3:40 PM ORDER: For the reasons stated in the attached Memorandum and Order, Defendant's15 18 motion is granted and this case is dismissed. Ordered by Judge Pamela K. Chen on 3/28/2024. (KW) Related: [-]
Tuesday, September 19, 2023
19		19 respoth Reply in Support Tue 09/19 7:42 PM REPLY in Support filed by Todd C. Bank. (Bank, Todd) Related: [-]
18		18 motion Dismiss for Failure to State a Claim Tue 09/19 6:56 PM Supplemental MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Standing, and Motion to Strike Class Allegations by Alleviate Tax, LLC. (Cabrera, Jenniffer) Related: [-]
Wednesday, September 13, 2023
		order Order on Motion for Pre Motion Conference Wed 09/13 8:15 AM ORDER: The Court is in receipt of Defendant's17 letter seeking clarity on whether the Court's 9/5/2023 Docket Order converting Defendant's15 motion for a pre-motion conference into a motion to dismiss "also includes [Defendant's] Motion to Strike Class Allegations." (Dkt.17 .) The Court will consider all arguments made in the15 letter, including those arguments moving to strike class allegations. Ordered by Judge Pamela K. Chen on 9/13/2023. (FG) Related: [-]
Friday, September 08, 2023
17		17 motion Pre Motion Conference Fri 09/08 12:21 PM Letter MOTION for pre motion conference re Order,, seeking clarification of this Court's 9/5/2023 Order by Alleviate Tax, LLC. (Cabrera, Jenniffer) Related: [-]
Tuesday, September 05, 2023
		order Order(Other) Tue 09/05 12:47 PM ORDER: The Court is in receipt of Defendant's15 letter requesting a pre-motion conference on its anticipated motion to dismiss. The Court denies this request as unnecessary. The Court will construe the15 letter and16 response as the motion to dismiss and opposition, respectively. Should the parties wish to supplement these filings with additional analysis, any such submissions should be made by 9/19/2023 and shall not exceed five (5) pages. Ordered by Judge Pamela K. Chen on 9/5/2023. (KW) Related: [-]
Friday, August 25, 2023
16		16 respm Response to Motion Fri 08/25 7:58 PM RESPONSE to Motion re15 Letter MOTION for pre motion conference Anticipated Motion to Dismiss FAC and Strike Class Allegations filed by Todd C. Bank. (Bank, Todd) Related: [-]
15		15 motion Pre Motion Conference Fri 08/25 4:08 PM Letter MOTION for pre motion conference Anticipated Motion to Dismiss FAC and Strike Class Allegations by Alleviate Tax, LLC. (Cabrera, Jenniffer) Related: [-]
Tuesday, August 22, 2023
14		14 motion Appear Pro Hac Vice Tue 08/22 12:21 PM MOTION to Appear Pro Hac Vice for Jenniffer Cabrera, Esq.on behalf of Defendant, Alleviate Tax, LLC. Filing fee $ 150, receipt number ANYEDC-17013946 by Alleviate Tax, LLC. (Cabrera, Jenniffer) Related: [-]
		Att: 1 Affidavit,
		Att: 2 Certificate of Good Standing
		order Order on Motion for Leave to Appear Pro Hac Vice Tue 08/22 12:50 PM ORDER granting14 Motion for Leave to Appear Pro Hac Vice. Attorney Jenniffer Cabrera is permitted to appear pro hac vice on behalf of defendant Alleviate Tax, LLC. 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 she 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 . Ordered by Magistrate Judge Peggy Kuo on 8/22/2023. (RO) Related: [-]
Friday, August 18, 2023
		order Order on Motion for Pre Motion Conference Fri 08/18 10:12 AM ORDER: In light of Defendant's13 letter stating that it intends to file an amended motion for a pre-motion conference, the initial10 motion for a pre-motion conference is terminated. Ordered by Judge Pamela K. Chen on 8/18/2023. (FG) Related: [-]
Thursday, August 17, 2023
13		13 misc Letter Thu 08/17 11:20 PM Letter to Judge Chen, in response to August 14, 2023 Order, to Advise that Defendant Alleviate Tax, LLC will be filing Amended Motion for Pre-Motion Conference by Alleviate Tax, LLC (Langer, Philip) Related: [-]
Monday, August 14, 2023
		order Order(Other) Mon 08/14 1:32 PM ORDER: The Court is in receipt of Defendant's10 motion for a pre-motion conference in anticipation of its motion to dismiss. Defendant is directed to inform the Court by 8/18/2023 whether it will be filing an amended motion for pre-motion conference in light of the12 amended complaint. Ordered by Judge Pamela K. Chen on 8/14/2023. (KW) Related: [-]
Friday, August 11, 2023
12		12 cmp Amended Complaint Fri 08/11 5:37 PM AMENDED COMPLAINT against Alleviate Tax, LLC, filed by Todd C. Bank. (Bank, Todd) Related: [-]
Thursday, August 10, 2023
		order Order on Motion to Stay 1 - Terminate Deadlines and Hearings Thu 08/10 1:48 PM ORDER: The11 Motion to Stay Discovery is granted. The initial conference scheduled for October 31, 2023 is adjourned sine die . The parties are directed to file a joint proposed discovery plan within seven (7) days of a decision on any anticipated motion to dismiss, if the motion is not fully granted. Ordered by Magistrate Judge Peggy Kuo on 8/10/2023. (RO) Related: [-]
Wednesday, August 09, 2023
11		11 motion Pre Motion Conference Wed 08/09 7:14 PM MOTION for pre motion conference to Magistrate Judge Kuo re: Motion to Stay Discovery Pending Resolution of Motion to Dismiss and Strike Class Allegations (Plaintiff Consents to Requested Stay) by Alleviate Tax, LLC. (Langer, Philip) Related: [-]
10		10 motion Pre Motion Conference Wed 08/09 7:12 PM MOTION for pre motion conference re: Anticipated Motion to Dismiss and Strike Class Allegations by Alleviate Tax, LLC. (Langer, Philip) Related: [-]
9		9 misc Corporate Disclosure Statement Wed 08/09 6:58 PM Corporate Disclosure Statement by Alleviate Tax, LLC (Langer, Philip) Related: [-]
8		8 notice Notice of Appearance Wed 08/09 6:56 PM NOTICE of Appearance by Philip Langer on behalf of Alleviate Tax, LLC (aty to be noticed) (Langer, Philip) Related: [-]
Friday, July 21, 2023
7		7 order Scheduling Order Fri 07/21 11:21 AM SCHEDULING ORDER: An Initial Conference will be held in this case on October 31, 2023 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Counsel are directed to the annexed Initial Conference Order for instructions. By October 25, 2023 , the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: [LINK:https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf] Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendant is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 7/21/2023. (RO) Related: [-]
Wednesday, July 19, 2023
6		6 misc Quality Control Check - Attorney Case Opening Wed 07/19 12:57 PM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) Related: [-]
5		5 misc Clerks Notice of Rule 73 Wed 07/19 12:56 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. (SR) Related: [-]
4		4 service Summons Issued Wed 07/19 12:56 PM Summons Issued as to All Defendants. (SR) Related: [-]
3		3 misc Proposed Summons/Civil Cover Sheet Wed 07/19 12:03 PM Civil Cover Sheet.. by Todd C. Bank (Bank, Todd) Related: [-]
2		2 misc Proposed Summons/Civil Cover Sheet Wed 07/19 12:01 PM Proposed Summons. Re1 Complaint by Todd C. Bank (Bank, Todd) Related: [-]
1		1 cmp Complaint Wed 07/19 12:00 PM COMPLAINT against Alleviate Tax, LLC filing fee $ 402, receipt number ANYEDC-16906047 Was the Disclosure Statement on Civil Cover Sheet completed -n,, filed by Todd C. Bank. (Bank, Todd) Related: [-]
		utility Case Assigned/Reassigned Wed 07/19 12:54 PM Case Assigned to Judge Pamela K. Chen and Magistrate Judge Peggy Kuo. 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. (SR) Related: [-]

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