Liberty Pre-Settlement Funding, LLC v. McFarlene
| New York Eastern District Court | |
| Judge: | Eric R Komitee |
| Referred: | Vera M Scanlon |
| Case #: | 1:25-cv-00107 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1330 Breach of Contract |
| Case Filed: | Jan 07, 2025 |
| Case in other court: | New York Southern, 1:24-cv-09235 |
| Last checked: Tuesday Jan 07, 2025 3:06 PM EST |
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Defendant
Kishon McFarlene
510 Riverdale Avenue Apt. 2F
Brooklyn, NY 11207 |
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Plaintiff
Liberty Pre-Settlement Funding, LLC
633 S. Federal Highway 1st Floor
Ft. Lauderdale, FL 33301 |
Represented By
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| Docket last updated: 01/17/2025 11:59 PM EST |
| Tuesday, January 07, 2025 | ||
| 8 | 8
misc
Clerks Notice of Rule 73
Tue 01/07 3:01 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (SDM) |
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transfer
Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE)
Tue 01/07 2:57 PM
Case transferred in from District of New York Southern; Case Number 1:24-cv-09235. Original file certified copy of transfer order and docket sheet received. |
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misc
ECF Admission and Registration Notification - Transfer
Tue 01/07 2:58 PM
The case of Liberty Pre-Settlement Funding, LLC v. McFarlene , has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 25-cv-107 . PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SDM) |
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| Monday, December 30, 2024 | ||
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ORDER On December 3, 2024, Plaintiff filed this action in the U.S. District Court for the Southern District of New York. ECF No. 1. In its complaint, Plaintiff asserts that venue is proper "because Defendant resides in New York, and/or a substantial part of the events or omissions giving rise to the claims occurred in New York." Id.,r 14. However, Plaintiff alleges that Defendant resides in Brooklyn, id.,r12, which is located in the Eastern District of New York, and does not allege any facts suggesting that the events giving rise to its claims occurred in the Southern District. For venue to lie in a civil action, a plaintiff must generally bring suit in (1) "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located," or (2) "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated." 28 U.S.C. § 1391(b)(l)-(2). Therefore, by order dated December 5, 2024, the Court directed Plaintiff to show cause by December 23, 2024, why this action should not be transferred. ECF No. 5. Plaintiffs submission is now overdue. Accordingly, the Clerk of Court is respectfully directed to transfer this matter to the U.S. District Court for the Eastern District of New York and close the case. SO ORDERED. (Signed by Judge Analisa Torres on 12/30/2024) (ar) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/7/2025.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (ar) [Transferred from New York Southern on 1/7/2025.] | ||
| Thursday, December 05, 2024 | ||
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ORDER TO SHOW CAUSE. By December 23, 2024, Plaintiff shall show cause in writing why this action should not be transferred. If Plaintiff fails to respond by that time or to demonstrate that venue is proper, the Court will transfer this case to the U.S. District Court for the Eastern District of New York. SO ORDERED. (Signed by Judge Analisa Torres on 12/5/24) (yv) [Transferred from New York Southern on 1/7/2025.]
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CIVIL COVER SHEET filed..(Lentz, Gavin) [Transferred from New York Southern on 1/7/2025.]
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Gavin Purcell Lentz to RE-FILE Document No. 2 Rule 7.1 Corporate Disclosure Statement.The filing is deficient for the following reason(s):The docket text that was entered for the Rule 7.1 Corporate Disclosure Statement docket entry is not consistent with the information in the PDF;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. Please use the revised form found here NYSD form page (lb) [Transferred from New York Southern on 1/7/2025.] | ||
| Wednesday, December 04, 2024 | ||
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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] ..(pc) [Transferred from New York Southern on 1/7/2025.] | ||
| Magistrate Judge Valerie Figueredo 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] . (pc) [Transferred from New York Southern on 1/7/2025.] | ||
| Case Designated ECF. (pc) [Transferred from New York Southern on 1/7/2025.] | ||
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gavin Purcell Lentz. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Citizenship Plaintiff code 2 (Citizen of Another State); County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State;. (pc) [Transferred from New York Southern on 1/7/2025.] | ||
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gavin Purcell Lentz to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; incorrect citizenship for the plaintiff was selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) [Transferred from New York Southern on 1/7/2025.] | ||
| Tuesday, December 03, 2024 | ||
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NOTICE OF APPEARANCE by Albert M. Belmont, III on behalf of Liberty Pre-Settlement Funding, LLC..(Belmont, Albert) [Transferred from New York Southern on 1/7/2025.]
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FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Experity Ventures, LLC for Liberty Pre-Settlement Funding, LLC. Document filed by Liberty Pre-Settlement Funding, LLC..(Lentz, Gavin) Modified on 12/5/2024 (lb). [Transferred from New York Southern on 1/7/2025.]
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COMPLAINT against Kishon McFarlene. (Filing Fee $ 405.00, Receipt Number ANYSDC-30267968)Document filed by Liberty Pre-Settlement Funding, LLC..(Lentz, Gavin) [Transferred from New York Southern on 1/7/2025.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Civil Cover Sheet Civil Cover Sheet
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