Schroeder v. Oxygen XL
| New York Southern District Court | |
| Judge: | Paul A Engelmayer |
| Case #: | 1:24-cv-02719 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1692 Fair Debt Collection Act |
| Case Filed: | Apr 10, 2024 |
| Terminated: | Sep 06, 2024 |
| Last checked: Monday Oct 07, 2024 4:27 AM EDT |
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Defendant
DCQ LLC
1 Hillcrest Center
Spring Valley, NY 10977 |
Represented By
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Plaintiff
Robert Schroeder
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Oxygen XL
Terminated: 05/21/2024
1 Hillcrest Center Suite 314
Spring Valley, NY 10977 |
Represented By
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| Docket last updated: 04/23/2025 11:59 PM EDT |
| Friday, September 06, 2024 | ||
| 17 | 17
2
pgs
order
Order of Dismissal
Fri 09/06 4:07 PM
ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, Dkt. 16, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 60 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 60 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 60-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any proposed order approving the settlement agreement that seeks the Court's continued jurisdiction,should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the te1ms ofthe settlement agreement in the order. The Clerk of Court is respectfully directed to terminate any outstanding deadlines and close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/6/2024) (tg) |
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| Thursday, September 05, 2024 | ||
| 16 | 16
notice
Notice of Settlement
Thu 09/05 1:05 PM
NOTICE of Settlement . Document filed by Robert Schroeder..(Pierre, Abel) |
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| Friday, August 16, 2024 | ||
| 15 | 15
5
pgs
order
Order
Fri 08/16 10:14 AM
ORDER: This matter has been referred for settlement. Dkt. No. 14. Should the Parties wish to schedule a settlement conference, the Parties are directed to contact Courtroom Deputy Christopher Davis via email by September 5, 2024, at WillisNYSDChambers@nysd.uscourts.gov to provide three mutually agreeable dates in September, October, or November. Any conference will be held in person at Courtroom 228, 40 Foley Square, New York, New York. Should the Parties not wish to schedule a settlement conference at this time, they should inform the Court via email by the same deadline. As further set forth by this Order. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 8/15/2024) (tg) |
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| Wednesday, August 14, 2024 | ||
| 14 | 14
1
pgs
order
Order Referring Case to Magistrate Judge
Wed 08/14 12:33 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Jennifer E. Willis. (Signed by Judge Paul A. Engelmayer on 8/14/2024) (tro) |
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| 13 | 13
order
Case Management Plan
Wed 08/14 12:22 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Unless otherwise indicated, the Case Management Conference will be held telephonically. The pa1iies should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. Deposition due by 12/12/2024. Fact Discovery due by 12/12/2024. Expert Discovery due by 1/27/2025. Estimate length of trial 1-2 days. Telephone Conference set for 1/30/2025 at 03:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 8/14/2024) (tg) |
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minutes
Pretrial Conference - Initial
Thu 08/15 11:40 AM
Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Initial Pretrial Conference held on 8/14/2024. (ajs) |
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| Tuesday, August 13, 2024 | ||
| 12 | 12
notice
Notice of Appearance
Tue 08/13 10:32 AM
NOTICE OF APPEARANCE by Tessa Rae Scott on behalf of DCQ LLC, Oxygen XL..(Scott, Tessa) |
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| Monday, August 12, 2024 | ||
| 11 | 11
misc
Initial Report of Parties Before Pretrial Conference
Mon 08/12 5:38 PM
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Robert Schroeder..(Pierre, Abel) |
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Att: 1
Proposed Order Proposed Case Management Plan & Scheduling Order
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| Tuesday, July 02, 2024 | ||
| 10 | 10
3
pgs
order
Order for Initial Pretrial Conference
Wed 07/03 11:04 AM
NOTICE OF INITIAL PRETRIAL CONFERENCE: The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. As further set forth by this Order. SO ORDERED. Initial Conference set for 8/14/2024 at 10:30 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 7/2/2024) (tg) |
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| Friday, June 28, 2024 | ||
| 9 | 9
answer
Answer to Amended Complaint
Fri 06/28 8:19 AM
ANSWER to5 Amended Complaint. Document filed by DCQ LLC, Oxygen XL..(Little, Brendan) |
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| Thursday, June 06, 2024 | ||
| 8 | 8
service
Summons Returned Executed
Thu 06/06 4:56 PM
SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. DCQ LLC served on 5/23/2024, answer due 6/13/2024. Service was accepted by Amy Leasch - Clerk at New York State Department of State. Document filed by Robert Schroeder..(Pierre, Abel) |
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| Tuesday, May 21, 2024 | ||
| 7 | 7
service
Summons Issued
Tue 05/21 2:52 PM
ELECTRONIC SUMMONS ISSUED as to DCQ LLC..(jgo) |
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| Monday, May 20, 2024 | ||
| 6 | 6
service
Request for Issuance of Amended Summons
Mon 05/20 4:28 PM
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to DCQ LLC d/b/a YSA ARM LLC d/b/a OXYGEN RECOVERY GROUP d/b/a OXYGEN XL d/b/a OXYGEN XI, re:5 Amended Complaint. Document filed by Robert Schroeder..(Pierre, Abel) |
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| 5 | 5
cmp
Amended Complaint
Mon 05/20 4:27 PM
FIRST AMENDED COMPLAINT amending1 Complaint against DCQ LLC with JURY DEMAND.Document filed by Robert Schroeder. Related document:1 Complaint..(Pierre, Abel) |
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| Thursday, April 11, 2024 | ||
| 4 | 4
service
Summons Issued
Thu 04/11 11:59 AM
ELECTRONIC SUMMONS ISSUED as to Oxygen XL..(jgo) |
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notice
Case Opening Initial Assignment Notice
Thu 04/11 11:55 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Thu 04/11 11:57 AM
Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) |
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utility
Case Designated ECF
Thu 04/11 11:58 AM
Case Designated ECF. (jgo) |
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| Wednesday, April 10, 2024 | ||
| 3 | 3
service
Request for Issuance of Summons
Wed 04/10 3:18 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Oxygen XL a/k/a Oxygen XI, re:1 Complaint. Document filed by Robert Schroeder..(Pierre, Abel) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 04/10 3:17 PM
CIVIL COVER SHEET filed..(Pierre, Abel) |
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| 1 | 1
24
pgs
cmp
Complaint
Wed 04/10 3:17 PM
COMPLAINT against Oxygen XL. (Filing Fee $ 405.00, Receipt Number ANYSDC-29201412)Document filed by Robert Schroeder..(Pierre, Abel) |
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