Epstein et al v. Apple, Inc. et al
| David Aaron Epstein and Shani Porges |
| Apple, Inc., Barclays Bank Delaware, Equifax, Inc., TransUnion, LLC and Experian |
| 7:2013cv02105 |
| March 25, 2013 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Edgardo Ramos |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Both |
Docket Report
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Filing 43
ORDER: ORDERED, that the above-entitled action be and hereby is discontinued, without costs to either party, subject to reopening should the settlement not be consummated within sixty (60) days of the date hereof. The patties are advised that if they wish the Court to retain jurisdiction in this matterfor purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Comt within the next 60 days with a request that the agreement be "so ordered" by the Court. (Signed by Judge Nelson Stephen Roman on 11/26/2013) Copies Sent By Chambers. (fk)
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Filing 42
SCHEDULING ORDER: Amended Pleadings due by 12/23/2013. Joinder of Parties due by 12/23/2013. Discovery due by 4/25/2014. Case Management Conference set for 5/1/2014 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 11/26/2013) Copies Sent By Chambers. (fk)
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| Minute Entry for proceedings held before Judge Nelson Stephen Roman: Settlement Conference held on 11/26/2013. No court reporter. Both pro se Plaintiffs & Defendants counsel present via telephone conference. Settlement reached. The Court will issue a sixty (60) day Order. Order of Reference not issued. (Court Reporter Mary Staten) (fk) |
| Minute Entry for proceedings held before Judge Nelson Stephen Roman: Initial Pretrial Conference held on 11/26/2013. Both pro se Plaintiffs & Defendants counsel present via telephone conference. Court Reporter is Mary Staten. Case Management Plan signed. The Court will issue an Order ofReference to U.S. Magistrate Judge Paul E. Davison for general pretrial purposes. Discovery cutoff is April 25, 2014. Status conference scheduled for May 1, 2014 at 10:00 am. (Court Reporter Mary Staten) (fk) |
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Filing 41
ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting 40 Motion for Brian J. Olson to Appear Pro Hac Vice. (Signed by Judge Nelson Stephen Roman on 11/25/2013) The Clerks Office Has Mailed Copies. (mml)
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| Filing 40 MOTION for Brian J. Olson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9101441. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Equifax, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing for Brian J. Olson, # 2 Text of Proposed Order Order)(Olson, Brian) |
| Filing 39 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian J. Olson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Equifax, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing for Brian J. Olson, # 2 Text of Proposed Order Order)(Olson, Brian) Modified on 11/20/2013 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 39 MOTION for Brian J. Olson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Filing fee not paid. Pay the filing fee by selecting the Pro Hac Vice Fee Payment event from the Other Documents menu item. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 40 MOTION for Brian J. Olson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9101441. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 38 ENDORSED LETTER addressed to Ms. Sicora from Shani Porges dated 10/28/2013 re: Prose Plaintiff Porges respectfully requests to appear telephonically as she is physically present in Washington, D.C., with Pro Se Plaintiff David Epstein. ENDORSEMENT: This application is granted. Prose Plaintiff Porges Granted leave to appear at the November 26, 2013 conference via telephone, Plaintiff's shall coordinate the telephone conference with Defendant's counsel Olson. A completed Case Management Plan shall be sent to Chambers in advance of the conference. (Signed by Judge Nelson Stephen Roman on 10/31/2013) (rj) Copies Mailed By Chambers. |
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Filing 37
ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Christina M. Conroy, dated 10/11/2013, re: Counsel writes: In response to plaintiff's letter to the Court dated October 2, 2013, Equifax states that it has no objection to plaintiffs' request to reset the scheduling conference. ENDORSEMENT: Plaintiff's request to reschedule the initial pre-trial conference is Granted. The conference is rescheduled until Nov. 26, 2013 at 12:00 pm. Pro Se Plaintiff Epstein and Defendant Equifax's lead counsel, Brian Olsen are permitted to appear via telephone and should coordinate a telephone conference with the Court. Pro Se Plaintiff Porges and Defendant Equifax's local counsel are to appear in person. SO ORDERED. (Initial Conference set for 11/26/2013 at 12:00 PM before Judge Nelson Stephen Roman) (Signed by Judge Nelson Stephen Roman on 10/18/2013) Copies Mailed By Chambers on 10/18/2013. (lnl)
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Filing 36
ENDORSED LETTER addressed to Gina Sicora from David A. Epstein dated 10/2/2013 re: Counsel requests that the conference be postponed for a later date. ENDORSEMENT: Defendant Equifax to respond to this letter by Oct. 11, 2013. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/9/2013) Copies Mailed By Chambers. (mml)
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| Filing 35 NOTICE OF INITIAL COURT CONFERENCE: Initial Case Management and Scheduling Conference set for 10/25/2013 at 10:30 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman. Copies Mailed By Chambers. (mml) |
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Filing 34
STIPULATION OF DISMISSAL AS TO DEFENDANT EXPERIAN: Plaintiffs' claims against Experian should be dismissed with prejudice, pursuant to Fed. R. Civ. P. 41(a), with each party to bear its own costs and attorneys' fees. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/24/2013) The Clerks Office Has Mailed Copies. (mml)
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Filing 33
STIPULATION AND ORDER DISMISSING ACTION WITH PREJUDICE AS TO DEFENDANTS APPLE IN. AND BARCLAYS BANK DELAWARE: Plaintiffs, David Aaron Epstein and Shani Porges, pro se and Defendants Apple Inc. and Barclays Bank Delaware, by their undersigned attorneys, hereby stipulate and agree that Plaintiffs' action against Apple Inc. and Barclays Bank Delaware only, is voluntarily dismissed with prejudice, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, with each party to bear its own costs and attorneys' fees. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/23/2013) The Clerks Office Has Mailed Copies. (mml)
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| Filing 32 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Apple, Inc., Barclays Bank Delaware and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit Certificate of Service)(Crispi, Thomas) |
| Mailed notice re: Notice of Case Assignment/Reassignment to the plaintiff(s) of record. (vj) |
| Filing 31 ENDORSED LETTER addressed to Judge Edgardo Ramos from Thomas M. Crispi dated 6/6/2013 re: We write to request a pre motion conference with respect to Apple's anticipated Motion to Dismiss Plaintiff's Amended Complaint ("Motion"). ENDORSEMENT: Pre motion Conference scheduled for September 19, 2013 at 11:45 am. Opposing party to respond to this letter in writing (not to exceed 3 pages) by September 12, 2013. Defendant directed to serve this document on Defendant Barclays Bank Delaware., ( Pre-Motion Conference set for 9/19/2013 at 11:45 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 7/30/2013) Copies Mailed By Chambers. (rj). |
| Filing 30 NOTICE of Settlement between Plaintiffs and Apple Inc. and Barclays Bank Delaware only. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit A. Certificate of Service)(Crispi, Thomas) |
| Filing 29 NOTICE of Settlement. Document filed by Experian. (Muttreja, Rajeev) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Edgardo Ramos is no longer assigned to the case. (pgu) |
| Filing 28 STIPULATION OF DISMISSAL WITH PREJUDICE BETWEEN PLAINTIFF DAVID AARON EPSTEIN AND DEFENDANT TRANS UNION, LLC ONLY:Plaintiff David Aaron Epstein, pro se, and defendant Trans Union, LLC ("Trans Union"), by counsel, hereby stipulate and agree that all matters herein between them have been compromised and settled, and that, Plaintiff's case against Trans Union only should be dismissed, with prejudice, with each party to bear its own costs and attorneys' fees. (Signed by Judge Nelson Stephen Roman on 7/2/2013) Copies Mailed By Chambers. (rj) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Paul Jansen Document 27 Stipulation of Voluntary Dismissal was referred to a Judge for approval. (fk) |
| Filing 27 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, Prejudice prejudice against the defendant(s) TransUnion, LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by David Aaron Epstein. (Attachments: # 1 [Proposed] Order Of Dismissal With Prejudice As To Defendant Trans Union, LLC Only)(Jansen, Paul) Modified on 7/1/2013 (fk). |
| Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Experian plc, Other Affiliate Opt-Out Services LLC, Other Affiliate Vehicle Title, LLC, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC for Experian. Document filed by Experian.(Muttreja, Rajeev) |
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Filing 25
STIPULATION OF DISMISSAL WITH PREJUDICE BETWEEN PLAINTIFF SHANI PORGES AND DEFENDANT TRANS UNION, LLC ONLY: Plaintiff's cause against Trans Union only should be dismissed, with prejudice, with each party to bear its own costs and attorneys' fees. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/21/2013) Copies Mailed By Chambers. (mml)
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| Filing 24 NOTICE OF APPEARANCE by Rajeev Muttreja on behalf of Experian. (Muttreja, Rajeev) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Paul Jansen Document 18 Stipulation of Voluntary Dismissal, was referred to Judge Edgardo Ramos for approval. (fk) Modified on 6/18/2013 (ka). |
| Filing 18 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) TransUnion, LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by TransUnion, LLC, Shani Porges. (Attachments: # 1 [Proposed] Order Of Dismissal)(Jansen, Paul) Modified on 6/18/2013 (fk). |
| Filing 23 WAIVER OF SERVICE RETURNED EXECUTED. Barclays Bank Delaware waiver sent on 6/6/2013. (mml) |
| Filing 22 CERTIFICATE OF SERVICE of Summons and Amended Complaint. Apple, Inc. served on 5/17/2013. Service was accepted by Mara Valasco. (mml) |
| Filing 21 CERTIFICATE OF SERVICE of Summons and Complaint. Experian served on 5/17/2013. Service was accepted by Mara Valasco. (mml) |
| Filing 20 CERTIFICATE OF SERVICE of Summons and Complaint. TransUnion, LLC served on 5/14/2013. Service was accepted by Kevin Vohnoutka. (mml) |
| Filing 19 CERTIFICATE OF SERVICE of Summons and Complaint. Equifax, Inc. served on 5/14/2013. Service was accepted by Kevin Vohnoutka. (mml) |
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Filing 17
JOINT STIPULATION TO EXTEND TIME IN WHICH TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT: The parties accordingly request that Experian now have until June 21, 2013 to answer, move, or otherwise respond to the Complaint. SO ORDERED. Experian answer due 6/21/2013. (Signed by Judge Edgardo Ramos on 6/12/2013) The Clerks Office Has Mailed Copies. (mml)
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| Filing 16 CERTIFICATE OF SERVICE of DEFENDANT EQUIFAX INCs ANSWER AND DEFENSES TO PLAINTIFFS COMPLAINT and DEFENDANT EQUIFAX INCs CORPORATE DISCLOSURE STATEMENT served on Pro Se Plaintiffs on 6/10/13. Service was made by mail. Document filed by Equifax, Inc.. (Conroy, Christina) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Equifax, Inc..(Conroy, Christina) |
| Filing 14 ANSWER to 12 Amended Complaint, with JURY DEMAND. Document filed by Equifax, Inc..(Conroy, Christina) |
| Filing 13 NOTICE of Settlement Between Plaintiffs And Trans Union, LLC Only. Document filed by TransUnion, LLC. (Jansen, Paul) |
| Filing 11 NOTICE OF APPEARANCE by Paul A. Jansen on behalf of TransUnion, LLC (Jansen, Paul) |
| Filing 12 AMENDED COMPLAINT amending 1 Complaint against Apple, Inc., Barclays Bank Delaware, Equifax, Inc., Experian, TransUnion, LLC with JURY DEMAND. Document filed by David Aaron Epstein, Shani Porges. Related document: 1 Complaint filed by David Aaron Epstein, Shani Porges. (lnl) |
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Filing 10
ORDER FOR ADMISSION PRO HAC VICE granting 7 Motion for Paul A. Jansen to Appear Pro Hac Vice. (Signed by Judge Edgardo Ramos on 5/24/2013) The Clerks Office Has Mailed Copies. (rj)
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| Filing 9 NOTICE OF APPEARANCE by Patricia A. Pileggi on behalf of Apple, Inc. (Pileggi, Patricia) |
| Filing 8 NOTICE OF APPEARANCE by Thomas M. Crispi on behalf of Apple, Inc. (Crispi, Thomas) |
| Filing 7 MOTION for Paul A. Jansen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8532238. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TransUnion, LLC. (Attachments: # 1 Certificate Of Good Standing, # 2 Proposed Order)(Jansen, Paul) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Paul A. Jansen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8532238. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 6 NOTICE OF APPEARANCE by Camille Renee Nicodemus on behalf of TransUnion, LLC (Nicodemus, Camille) |
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Filing 5
ORDER OF SERVICE: The Court directs the Clerk of Court to issue a summons as to the Defendants. The Plaintiffs are directed to serve the summons and complaint on the Defendants within 120 days of the issuance of the summons. If within those 120 days, the Plaintiffs have not either served the Defendants or requested an extension of time to do so, the Court may dismiss the claims against the Defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. (Signed by Judge Edgardo Ramos on 4/23/2013) Copies Mailed By Chambers. (mml)
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| SUMMONS ISSUED as to Apple, Inc., Barclays Bank Delaware, Equifax, Inc., Experian, TransUnion, LLC. (vj) |
| FEE-PAID FRCP 4 (Service Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 4/23/2013 via Federal Express AIRBILL # 802928298956. The service package included: an original summons, copies of the summons, copies of the complaint, change of address postcards, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (vj) |
| Mailed a copy of 5 Order of Service,, to David Aaron Epstein. (vj) |
| Filing 3 NOTICE OF CASE ASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (pgu) |
| Magistrate Judge Paul E. Davison is so designated. (pgu) |
| Mailed notice re: 3 Notice of Case Assignment/Reassignment to the attorney(s) of record. (pgu) |
| Filing 2 Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 4/1/2013. (jd) |
| Filing 1 COMPLAINT against Apple, Inc., Barclays Bank Delaware, Equifax, Inc., Experian, TransUnion, LLC. (Filing Fee $ 350.00, Receipt Number 465401063759)Document filed by David Aaron Epstein, Shani Porges.(jd) |
| Case Designated ECF. (jd) |
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