Pifko v. Stephen Einstein & Associates, P.C.
Filing
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MEMORANDUM AND ORDER - Pending before the Court are five cases stemming from the Defendants' allegedly wrongful conduct under the Fair Debt Collection Act. Rather than filing one case with two plaintiffs as purported class representatives and mu ltiple defendants, for reasons that remain elusive, Plaintiffs' counsel chose to file five separate cases. Upon reviewing the circumstances of the above-captioned cases, the Court finds that consolidation of the cases is appropriate pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. All of the cases involve common questions of fact and law. In fact, in four of these cases, Defendants sought to collect the exact same debt. Pursuant to the Local Rules of this District, the cases shall be consolidated under the earliest filed case, Pifko v. CCB Credit Services, Inc., 09-CV-3057. The Clerk of the Court is directed to close the remaining four actions, and all papers are to be filed under 09-CV-3057. SO ORDERED by Judge Joanna Seybert on 11/30/09. (Valle, Christine)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------X ERIC PIFKO, Plaintiff, -againstCCB CREDIT SERVICES, INC., Defendant. -----------------------------------------X ERIC D. PIFKO, Plaintiff, - against FIRST NATIONAL COLLECTION BUREAU, INC., Defendant. -----------------------------------------X NATHAN SPIRA, Plaintiff, - against MERCANTILE ADJUSTMENT BUREAU, LLC, Defendant. -----------------------------------------X ERIC D. PIFKO, Plaintiff, - against STEPHEN EINSTEIN & ASSOCIATES, P.C., Defendant. -----------------------------------------X 09-CV-4174 (JS)(WDW) 09-CV-3422 (JS)(WDW) 09-CV-3059 (JS)(WDW) MEMORANDUM AND ORDER 09-CV-3057 (JS)(WDW)
-----------------------------------------X ERIC D. PIFKO, Plaintiff, - against MERCANTILE ADJUSTMENT BUREAU, LLC, Defendant. -----------------------------------------X APPEARANCES: For Plaintiffs: Adam Jon Fishbein, Esq. 483 Chestnut Street Cederhurst, NY 11516 For Defendants: CCB Credit Services, Inc.; Mercantile Adjustment Bureau, LLC First National Collection Bureau, Inc. Stephen Einstein & Associates, P.C. Barry Jacobs, Esq. Abrams, Gorelick, Friedman & Jacobson, P.C. One Battery Park Plaza, 4th Floor New York, NY 10004 Christina Heather Bost Seaton, Esq. Troutman Sanders, LLP 405 Lexington Avenue New York, NY 10174 No appearance 09-CV-4216 (JS)(WDW)
SEYBERT, District Judge: Pending before the Court are five cases stemming from the Defendants' allegedly wrongful conduct under the Fair Debt
Collection Act. Rather than filing one case with two plaintiffs as purported class representatives and multiple defendants, for
reasons that remain elusive, Plaintiffs' counsel chose to file five separate cases. Upon reviewing the circumstances of the above-captioned cases, the Court finds that consolidation 2 of the cases is
appropriate pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. All of the cases involve common questions of fact and
law. In fact, in four of these cases, Defendants sought to collect the exact same debt. Pursuant to the Local Rules of this District,
the cases shall be consolidated under the earliest filed case, Pifko v. CCB Credit Servs., Inc., 09-CV-3057. The Clerk of the
Court is directed to close the remaining four actions, and all papers are to be filed under 09-CV-3057. SO ORDERED. /s/ JOANNA SEYBERT Joanna Seybert, U.S.D.J. Dated: November 30 , 2009 Central Islip, New York
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