Raymond v. Arcadia Recovery Bureau, LLC

Background

The plaintiff’s amended complaint alleges violations of the Federal Debt Collection Practices Act and New York’s General Business Law. According to Cornell University’s filing, Arcadia Recovery Bureau, LLC sent the plaintiff a June 3, 2020 letter requesting payment of $126 for medical services provided by Weill Cornell Medicine, described as a unit of Cornell.

Cornell moved to dismiss the amended complaint in its entirety. Cornell argued that the plaintiff’s federal claim rested on a mistaken interpretation of the law because the plaintiff allegedly sent a March 17, 2020 letter to Weill Cornell Medicine—not Arcadia—stating that he was represented by counsel and asking not to be contacted directly about the debt. Cornell also argued that the New York claim failed because Arcadia’s letter was not deceptive.

Requests to the Court

Cornell asked the court to stay discovery—that is, temporarily pause the exchange of information in the lawsuit—until the motion to dismiss was resolved. It also asked the court to move the conference scheduled for November 6, 2020. Cornell argued that discovery would burden it, that the plaintiff would not be harmed by a pause because relevant documents were subject to a litigation hold, and that the motion to dismiss presented substantial arguments.

Arcadia consented to the requests. Cornell stated that the plaintiff’s counsel had not responded to an email asking whether the plaintiff consented.

Order

Judge Ronnie Abrams ordered the plaintiff’s counsel to inform the court no later than November 4, 2020 whether the plaintiff opposed the requests to move the conference and stay discovery. If the plaintiff opposed them, the order required counsel to briefly explain why there was not good cause for a discovery stay.

The provided text does not state that the court granted or denied the discovery-stay request, granted or denied the request to move the conference, or decided Cornell’s motion to dismiss.