Holman v. Fifth Third Bank, N.A. et al
| Tammie Holman |
| Trans Union LLC, G.D. Van Wagenen Financial Services, Inc., Fifth Third Bank, N.A. and Experian Information Solutions, Inc. |
| 2:2021cv02247 |
| May 28, 2021 |
| US District Court for the District of Kansas |
| Teresa J James |
| Eric F Melgren |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Both |
Docket Report
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This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.
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Filing 79
STIPULATION OF DISMISSAL by Tammie Holman. (Taylor, Andrew)
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Filing 78
STIPULATION OF DISMISSAL by Tammie Holman. (Taylor, Andrew)
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***Civil Case Terminated per #78 and #79 Stipulation of Dismissals.(hw)
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Filing 77
STIPULATION OF DISMISSAL (Joint, with Prejudice) by Fifth Third Bank, N.A.. (Berman, Anna)
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Filing 76
ORDER CANCELING FINAL PRETRIAL CONFERENCE. In light of the #74 #75 Notices of Settlement indicating Plaintiff has resolved this action with remaining defendants Fifth Third Bank, N.A. and Trans Union LLC, and with the agreement of those parties, the Final Pretrial Conference set for April 14, 2022 is canceled. Signed by Magistrate Judge Teresa J. James on 3/30/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 75
NOTICE OF SETTLEMENT by Tammie Holman (Taylor, Andrew)
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Filing 74
NOTICE OF SETTLEMENT by Fifth Third Bank, N.A. (Berman, Anna)
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Filing 73
STIPULATION OF DISMISSAL by Tammie Holman. (Taylor, Andrew)
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Filing 72
CERTIFICATE OF SERVICE of Supplemental Initial Rule 26 Disclosures by Fifth Third Bank, N.A.. (Berman, Anna)
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Filing 71
ADR REPORT by Fifth Third Bank, N.A.. ADR session held on: February 4, 2022 and conducted by Rich McLeod. Results of ADR: Case did not settle. Status of litigation at time of ADR: Partial Discovery(Berman, Anna)
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Filing 70
ADR REPORT by Fifth Third Bank, N.A.. ADR session held on: January 19, 2022 and conducted by Rich McLeod. Results of ADR: Case did not settle. Status of litigation at time of ADR: Partial Discovery(Berman, Anna)
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Filing 69
NOTICE OF CANCELLED HEARING: The Court has reviewed the parties' timely Status Report. The Status Conference on January 25, 2022, at 10:00 AM is cancelled. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 68
STIPULATION OF DISMISSAL by Tammie Holman. (Taylor, Andrew)
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Filing 67
NOTICE OF VOLUNTARY DISMISSAL by Tammie Holman (Taylor, Andrew)
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Filing 66
ORDER granting #65 Unopposed Motion for Extension of Time filed by Plaintiff. Plaintiff is hereby granted an extension of time, up to and including January 17, 2022, in which to file a motion to compel with respect to Defendant Fifth Third Bank, N.A.'s answers, responses, and objections to Plaintiff's First Interrogatories and First Document Requests. Signed by Magistrate Judge Teresa J. James on 1/11/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 65
Unopposed MOTION for extension of time by Plaintiff Tammie Holman (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Exhibit A)(Schmitz, Mark)
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Filing 64
ORDER granting #63 Unopposed Motion to Extend Defendant G.D. Van Wagenen Financial Services, Inc.'s Deadline to Answer to Complaint. Defendant G.D. Van Wagenen Financial Services, Inc. is hereby granted an extension until January 14, 2022, in which to answer Plaintiff's #1 Complaint. Signed by Magistrate Judge Teresa J. James on 1/10/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 63
UNOPPOSED MOTION for Extension of Time to File Answer by Defendant G.D. Van Wagenen Financial Services, Inc. (referred to Magistrate Judge Teresa J. James) (Verschelden, George)
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Filing 62
ORDER granting #61 Unopposed Motion to Extend Defendant G.D. Van Wagenen Financial Services, Inc.'s Deadline to Answer to Complaint. Defendant G.D. Van Wagenen Financial Services, Inc. is hereby granted an extension until January 7, 2022, in which to answer Plaintiff's #1 Complaint. Signed by Magistrate Judge Teresa J. James on 12/29/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 61
Unopposed MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Defendant G.D. Van Wagenen Financial Services, Inc. (referred to Magistrate Judge Teresa J. James) (Verschelden, George)
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Filing 60
JOINT MEDIATION NOTICE - Mediation to be held January 19, 2022 by Tammie Holman (Schmitz, Mark)
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Filing 59
CLERKS ORDER EXTENDING TIME until 12/28/2021 for Defendant G.D. Van Wagenen Financial Services, Inc. to answer or otherwise plead. Signed by deputy clerk on 12/14/2021. (lb)
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Filing 58
CERTIFICATE OF SERVICE of Answers and Objections to Plaintiff's First Set of Interrogatories; Responses and Objections to Plaintiff's First Set of Requests for Production of Documents by Fifth Third Bank, N.A.. (Berman, Anna)
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Filing 57
MEMORANDUM AND ORDER granting in part and denying in part #29 Motion to Dismiss Party. Signed by District Judge Eric F. Melgren on 11/30/2021. (cm)
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Filing 56
CERTIFICATE OF SERVICE of COS Responses to Fifth Third's First Discovery Requests by Tammie Holman. (Taylor, Andrew)
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Filing 55
ORDER granting #54 Defendant Fifth Third Bank, N.A.'s Unopposed Motion for Second Extension of Time to Respond to Plaintiff's Discovery Requests. Defendant Fifth Third Bank, N.A. is hereby granted an extension of time, up to and including December 11, 2021, in which to serve its responses or objections to Plaintiff's First Set of Requests for Production of Documents to Defendant Fifth Third Bank, N.A. and to Plaintiff's First Set of Interrogatories to Defendant Fifth Third Bank, N.A. In addition, Plaintiff is granted an extension of time, up to and including December 18, 2021, in which to serve responses or objections to Defendant Fifth Third's First Interrogatories to Plaintiff, Defendant Fifth Third's First Set of Requests for Production to Plaintiff and Defendant Fifth Third's First Set of Requests for Admissions to Plaintiff. Given the length of the additional time permitted, the parties should not expect further extensions of these deadlines. Signed by Magistrate Judge Teresa J. James on 11/5/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 54
Unopposed MOTION for extension of time (Second) to Respond to Discovery Requests by Defendant Fifth Third Bank, N.A. (referred to Magistrate Judge Teresa J. James) (Berman, Anna)
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Filing 53
CERTIFICATE OF SERVICE of COS Responses to Van Wagenen's First RFPs by Tammie Holman. (Taylor, Andrew)
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Filing 52
ORDER granting #51 Defendant Fifth Third Bank, N.A.'s Unopposed Motion for Extension of Time to Respond to Plaintiff's Discovery Requests. Defendant Fifth Third Bank, N.A. is hereby granted an extension of time, up to and including November 11, 2021, in which to serve its responses or objections to Plaintiff's First Set of Requests for Production of Documents to Defendant Fifth Third Bank, N.A. and to Plaintiff's First Set of Interrogatories to Defendant Fifth Third Bank, N.A. Signed by Magistrate Judge Teresa J. James on 10/13/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 51
Unopposed MOTION for extension of time to Respond to Discovery Requests by Defendant Fifth Third Bank, N.A. (referred to Magistrate Judge Teresa J. James) (Berman, Anna)
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Filing 50
PROTECTIVE ORDER entered, as agreed to by the parties, limiting the disclosure, dissemination, and use of certain identified categories of confidential information. Signed by Magistrate Judge Teresa J. James on 10/4/2021. (ts)
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Filing 49
CERTIFICATE OF SERVICE of First Interrogatories to Plaintiff, First Set of Requests for Production to Plaintiff and First Set of Requests for Admission to Plaintiff by Fifth Third Bank, N.A.. (Berman, Anna)
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Filing 48
CERTIFICATE OF SERVICE of Plaintiff's First Discovery Requests to G.D. Van Wagenen by Tammie Holman. (Taylor, Andrew)
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Filing 47
CERTIFICATE OF SERVICE of Plaintiff's First Discovery Requests to Fifth Third Bank by Tammie Holman. (Taylor, Andrew)
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Filing 46
SCHEDULING ORDER: Mediation Notice FILED or Confidential Settlement Report EMAILED to Magistrate Judge by 12/17/2021. Mediation deadline 1/21/2022. Status Conference set for 1/25/2022 at 10:00 AM by Telephone before Magistrate Judge Teresa J. James- Dial 1-888-363-4749 and enter ACCESS CODE 4901386. Discovery deadline 4/1/2022. Proposed Pretrial Order due by 4/11/2022. Final Pretrial Conference set for 4/14/2022 at 01:30 PM by Telephone before Magistrate Judge Teresa J. James - Dial 1-888-363-4749 and enter ACCESS CODE 4901386. Dispositive motion deadline 5/13/2022. Jury trial dates will be set at the Pretrial Conference. Jury trial is estimated to take 3-5 trial days. Signed by Magistrate Judge Teresa J. James on 9/7/2021. (tvn)
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Filing 45
NOTICE OF INTENT TO ISSUE SUBPOENA by G.D. Van Wagenen Financial Services, Inc. Subpoena to be issued to: The ABHE Group, Inc.-Tag Insurance, a/k/a Shawn Edmonds Agency, LLC, c/o Michael Edmonds, 512 Wilcox Street, D, Castle Rock, CO 80109 (Attachments: #1 Subpoena)(Verschelden, George)
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Filing 44
NOTICE OF INTENT TO ISSUE SUBPOENA by G.D. Van Wagenen Financial Services, Inc. Subpoena to be issued to: Safeco Insurance Company of America (Attachments: #1 Exhibit Subpoena)(Verschelden, George)
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Filing 43
CERTIFICATE OF SERVICE of First Discovery Requests by G.D. Van Wagenen Financial Services, Inc. (Verschelden, George)
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Filing 42
MINUTE ENTRY for proceedings held before Magistrate Judge Teresa J. James: SCHEDULING CONFERENCE held by telephone on 8/26/2021. Scheduling Order to follow. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 41
CERTIFICATE OF SERVICE of Initial Rule 26(a)(1) Disclosures by Fifth Third Bank, N.A.. (Berman, Anna)
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Filing 40
CERTIFICATE OF SERVICE of Certificate of Service of Initial Disclosure by Experian Information Solutions, Inc.. (Webb, Danne)
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Filing 39
CERTIFICATE OF SERVICE of Rule 26 Disclosures by Trans Union LLC. (Mouber, Bryan)
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Filing 38
CERTIFICATE OF SERVICE of Plaintiff's Initial Rule 26(a)(1) Disclosures by Tammie Holman. (Schmitz, Mark)
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Filing 37
REPLY TO RESPONSE TO MOTION by Defendant G.D. Van Wagenen Financial Services, Inc. re #29 Motion to Dismiss. (Verschelden, George) Modified on 8/17/2021 to correct the filer. (mam)
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Filing 36
RESPONSE by Plaintiff Tammie Holman re #29 Motion to Dismiss Party (Taylor, Andrew)
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Filing 35
Amended ANSWER to Complaint and Defenses by Trans Union LLC.(Mouber, Bryan)
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Filing 34
ORDER granting #33 Motion to Appear Pro Hac Vice of Kara A. Czanik for Fifth Third Bank, N.A. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 7/21/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
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Filing 33
MOTION for attorney Kara A. Czanik to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5541614.) by Defendant Fifth Third Bank, N.A. (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form)(Berman, Anna)
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Filing 32
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 8/26/2021 at 10:00 AM by telephone before Magistrate Judge Teresa J. James. DIAL 888-363-4749 and enter Access Code 4901386 to join the conference. Rule 26 Planning Conference deadline 8/5/2021. Report of Parties' Planning Conference and Rule 26 Initial Disclosures deadline 8/19/2021. Signed by Magistrate Judge Teresa J. James on 7/16/2021. (ts)
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Filing 31
ANSWER to Complaint by Fifth Third Bank, N.A. (Berman, Anna) Modified
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Filing 30
MEMORANDUM IN SUPPORT of #29 MOTION to Dismiss Party G.D. Van Wagenen Financial Services, Inc. by Defendant G.D. Van Wagenen Financial Services, Inc.(Verschelden, George)
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Filing 29
MOTION to Dismiss Party G.D. Van Wagenen Financial Services, Inc. by Defendant G.D. Van Wagenen Financial Services, Inc. (Verschelden, George)
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Filing 28
ORDER granting #27 Motion to Appear Pro Hac Vice of Samantha Blassingame for Fifth Third Bank, N.A. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 7/8/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
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Filing 27
MOTION for attorney Samantha Blassingame to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5531776.) by Defendant Fifth Third Bank, N.A. (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, #2 Pro Hac Vice Electronic Filing Registration Form)(Berman, Anna)
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Filing 26
ORDER granting #25 Motion to Appear Pro Hac Vice of Justin M. Baxter for Tammie Holman pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 7/7/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
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Filing 25
MOTION for attorney Justin M. Baxter to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5530047.) by Plaintiff Tammie Holman. (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit of Justin M. Baxter, #2 ECF Registration Form)(Schmitz, Mark)
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Filing 24
ANSWER to Complaint and Defenses by Trans Union LLC.(Mouber, Bryan)
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Filing 23
ORDER granting #21 Unopposed Motion of Defendant Fifth Third Bank, National Association for Extension of Time to Respond. Defendant Fifth Third Bank, National Association ("Fifth Third Bank"), is hereby granted an extension of time, to and including July 16, 2021, in which to answer or otherwise respond to Plaintiff's #1 Complaint. As Fifth Third Bank acknowledges, its answer deadline was June 22, 2021, but Fifth Third Bank makes no showing of excusable neglect for filing this motion after the deadline. See D. Kan. Rule 6.1(a)(4). However, Plaintiff does not oppose the extension and for that reason the Court grants the motion. The Court cautions Defendant Fifth Third Bank to observe both the Federal Rules of Civil Procedure and the rules of this District regarding motions for extension of time. Signed by Magistrate Judge Teresa J. James on 7/1/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 22
CORPORATE DISCLOSURE STATEMENT by Fifth Third Bank, N.A. identifying Fifth Third Bancorp as corporate parent . (Berman, Anna)
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Filing 21
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (attorney) by Defendant Fifth Third Bank, N.A. (referred to Magistrate Judge Teresa J. James) (Berman, Anna)
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Filing 20
ENTRY OF APPEARANCE by Anna M. Berman on behalf of Fifth Third Bank, N.A.. (Berman, Anna)
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Filing 19
ORDER granting #18 Motion to Appear Pro Hac Vice of Angela M. Taylor for Experian Information Solutions, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 6/29/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
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Filing 18
MOTION for attorney Angela M. Taylor to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5524333.) by Defendant Experian Information Solutions, Inc. (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Declaration in Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form Pro Hac Vice Electronic Filing)(Webb, Danne)
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Filing 17
Defendant Experian Information's ANSWER to Complaint and Affirmative Defenses by Experian Information Solutions, Inc..(Webb, Danne)
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Filing 16
ENTRY OF APPEARANCE by Danne Wayne Webb on behalf of Experian Information Solutions, Inc. (Webb, Danne)
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Filing 15
CORPORATE DISCLOSURE STATEMENT by Experian Information Solutions, Inc. identifying Experian plc as corporate parent (Webb, Danne)
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Filing 14
CORPORATE DISCLOSURE STATEMENT by G.D. Van Wagenen Financial Services, Inc. identifying Bankers Financial Corporation as corporate parent . (Verschelden, George)
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Filing 13
CLERKS ORDER EXTENDING TIME until 7/6/2021 for Defendant Trans Union LLC to answer or otherwise plead. Signed by deputy clerk on 6/22/2021. (lb)
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Filing 12
CORPORATE DISCLOSURE STATEMENT by Trans Union LLC identifying None as corporate parent . (Mouber, Bryan)
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Filing 11
DESIGNATION OF PLACE OF TRIAL filed by Defendant Trans Union LLC - trial to be held in Kansas City. (Mouber, Bryan)
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Filing 10
ORDER granting #8 Motion to Appear Pro Hac Vice of Ethan Jerome Loeb for G.D. Van Wagenen Financial Services, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 6/22/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
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Filing 9
ORDER granting #7 Motion to Appear Pro Hac Vice of Allison C. Doucette for G.D. Van Wagenen Financial Services, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 6/22/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
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Filing 8
MOTION for attorney Ethan Loeb to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5520021.) by Defendant G.D. Van Wagenen Financial Services, Inc. (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit and ECF Registration, #2 ECF Registration Form)(Verschelden, George)
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Filing 7
MOTION for attorney Allison Doucette to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5520002.) by Defendant G.D. Van Wagenen Financial Services, Inc. (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Affidavit and ECF Registration, #2 ECF Registration Form)(Verschelden, George)
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Filing 6
ENTRY OF APPEARANCE by George F. Verschelden on behalf of G.D. Van Wagenen Financial Services, Inc.. (Verschelden, George)
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Filing 5
ORDER granting #4 Unopposed Motion to Extend Defendant G.D. Van Wagenen Financial Services, Inc.'s Deadline to Respond to Complaint. Defendant G.D. Van Wagenen Financial Services, Inc. is hereby granted an extension until July 9, 2021, in which to answer or otherwise respond to Plaintiff's #1 Complaint. Signed by Magistrate Judge Teresa J. James on 6/21/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts)
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Filing 4
Unopposed MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Defendant G.D. Van Wagenen Financial Services, Inc. (referred to Magistrate Judge Teresa J. James) (Verschelden, George)
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Filing 3
SUMMONS RETURNED EXECUTED -- Defendants Fifth Third Bank, N.A., G.D. Van Wagenen Financial Services, Inc. and Trans Union LLC served by certified mail on 6/1/2021, answer due 6/22/2021. Defendant Experian Information Solutions, Inc. served by certified mail on 6/2/2021, answer due 6/23/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bell, Bryce) Modified on 6/10/2021 to include the service and answer dates. (mam)
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Filing 2
CIVIL COVER SHEET by Plaintiff Tammie Holman. (Bell, Bryce)
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Filing 1
COMPLAINT with trial location of Kansas City (Filing fee $402, Internet Payment Receipt Number AKSDC-5500230.), filed by Tammie Holman. (Bell, Bryce)
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SUMMONS ISSUED as to Experian Information Solutions, Inc., Fifth Third Bank, N.A., G.D. Van Wagenen Financial Services, Inc., Trans Union LLC. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (lb)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Eric F. Melgren and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (lb)
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