1. Home
  2. Browse Decisions
  3. F.Supp.2d
  4. 863 F.Supp.2d
  5. 863 F.Supp.2d 256 (2012)
 

MARTINEZ v. CAPITAL ONE, N.A.

No. 10 Civ. 8028(RJS).

863 F.Supp.2d 256 (2012)

Geraldo F. MARTINEZ and Joseph Cummings, Plaintiffs, v. CAPITAL ONE, N.A., Defendant.

United States District Court, S.D. New York.

March 27, 2012.

Attorney(s) appearing for the Case

Gabriel Oliver Koppell and Daniel Feist Schreck of the Law Offices of G. Oliver Koppell & Associates, Charles Wayne Juntikka, of Charles Juntikka & Associates, LLP, New York, NY, for Plaintiffs.

Robert Stuart Plotkin of McGuire Woods LLP, New York, NY, for Defendant.

OPINION AND ORDER

RICHARD J. SULLIVAN, District Judge.

Plaintiffs Geraldo F. Martinez and Joseph Cummings bring this putative class action lawsuit against Defendant Capital One, N.A., asserting claims under New York's Exempt Income Protection Act ("EIPA") and New York common law. Presently before the Court is Defendant's motion to dismiss the Amended Complaint on the grounds that there is no private right of action under EIPA. For the reasons that follow...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases