Klein v. AT&T Corp.

Filing 41

ORDER The Court received an undocketed communication from Plaintiff Jennifer Klein, which is attached as Exhibit A to this Order. Plaintiff, who is proceeding as pro se, is reminded that all communications with the Court must be filed on the docket, even if opposing counsel are copied on the message. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 6/5/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Jennifer Klein, et al.,
Plain�ffs,

23-CV-11038 (DEH)(RFT)
ORDER

-againstAT&T Corp.,
Defendant.
ROBYN F. TARNOFSKY, United States Magistrate Judge:

The Court received an undocketed communication from Plaintiff Jennifer Klein, which is
attached as Exhibit A to this Order. Plaintiff, who is proceeding as pro se, is reminded that all
communications with the Court must be filed on the docket, even if opposing counsel are
copied on the message.
DATED: June 5, 2024
New York, NY
SO ORDERED.
__________________________
ROBYN F. TARNOFSKY
United States Magistrate Judge

EXHIBIT A
From:
To:
Cc:
Subject:
Date:

Jennifer Klein
Pro Se Filing
Tarnofsky NYSD Chambers; Anne Zeng-Huang; Jay I. Brody; Allison L. Cannizaro
Case #1-23-cv-11038 - Urgent: Request to Expedite Case Due to AT&T Overwhelming the Court to Unjustly
Delay Resolution
Wednesday, June 5, 2024 2:39:26 PM

CAUTION - EXTERNAL:

Dear Judge Tarnofsky,
I am writing to address significant concerns regarding expediting the proceedings in my case
against AT&T. AT&T has admitted guilt to violating the Fair Credit Reporting Act (FCRA)
by removing the incorrect bad debt from my credit report in January 2023. This admission
fundamentally impacts the core issues of our case.
Given this context, it is unfair for me to continue suffering delays since November 2023 in
federal court if the case is ultimately to be moved to arbitration. The continuous procedural
maneuvers by AT&T, including their request to enforce an unjust and never agreed upon
settlement and opposition to amending the complaint, have only served to complicate and
prolong the resolution of my claims. This has imposed significant personal and financial strain
on me.
Furthermore, AT&T's approach in these filings has been notably contradictory. They initially
moved the case from state court to federal court, indicating a preference for this forum. This
strategic choice should be recognized as a tacit acceptance that this court is the appropriate
venue for resolving our disputes, which contradicts their current efforts to compel arbitration.
On one hand, AT&T has broken its four-month-long promise to support my motion to amend
the complaint to rightfully include my husband’s continued participation in discussions before
the court. They have duplicitously gagged him during conferences with Your Honor. On the
other hand, they have exploited these negotiations with him to argue that they were
negotiating in good faith. This dual stance highlights a significant failure on their part to
engage in straightforward and equitable legal practices.
These actions demonstrate a concerning pattern of behavior by AT&T, where they have not
only failed to negotiate in good faith but have also attempted to manipulate delays in the legal
process to their advantage, disregarding the ethical obligations owed to the court and to me as
a party in this dispute.
*** I respectfully urge the court to consider these factors and to recognize the adversarial
tactics employed by AT&T, which are aimed more at overwhelming the proceedings than
achieving a fair and just resolution. It is imperative that the motions to enforce the settlement
and amend the complaint be resolved to streamline the case before considering any move to
arbitration. Or, if your honor wishes to not rule on AT&T’s motions to simply move the case
to arbitration.
Thank you for your attention to these matters. I trust that the Court will find this information
pertinent to the ongoing motions and appreciate your consideration of these matters in your
deliberations.

Sincerely,
/s/ Jennifer Klein
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