Case v. Capital One Bank NA et al

Plaintiff: Kimberly Case
Defendant: Experian Information Solutions Incorporated, Capital One Bank NA and Equifax Information Services LLC
Case Number: 2:2019cv02222
Filed: April 5, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Douglas L Rayes
Nature of Suit: Other Statutes: Consumer Credit
Cause of Action: 28:1441
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on July 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2019 Filing 30 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) Notice of Service of Defendant Capital One Bank (USA), N.A.'s Responses to Mandatory Discovery Requests filed by Defendant Capital One Bank NA. (Burgeson, Wade)
June 14, 2019 Opinion or Order Filing 29 AMENDED SCHEDULING ORDER: Discovery due by 9/30/2019. Dispositive motions due by 10/30/2019. Telephonic Pre-motion Conference set for 10/16/2019 at 02:00 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. (See Order for details.) Signed by Judge Douglas L Rayes on 6/14/2019. (MMO)
June 14, 2019 Opinion or Order Filing 28 *AMENDED by Doc. #29 * SCHEDULING ORDER: Discovery due by 9/30/2019. Dispositive motions due by 10/30/2019. Telephonic Pre-motion Conference set for 10/16/2019 at 02:00 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. (See Order for details.) Signed by Judge Douglas L Rayes on 6/14/2019. (MMO) Modified on 6/14/2019 (MMO).
June 14, 2019 Filing 27 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Rule 16 Scheduling Conference held on 6/14/2019. Deadlines discussed. Order to issue. APPEARANCES: Jacob Hippensteel for Plaintiff. Wade Burgeson for Defendant Capital One Bank NA. Telephonic appearance by Sheereen Javadizadeh for Defendant Experian Information Solutions Incorporated. (Court Reporter Jennifer Pancratz.) Hearing held 9:48 AM to 9:56 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
June 13, 2019 Opinion or Order Filing 26 ORDER granting #25 Motion for Telephonic Appearance at Rule 16 Scheduling Conference. Counsel for Defendant Experian, only, may appear telephonically for the Rule 16 Scheduling Conference scheduled for 6/14/2019 at 9:30 AM. Signed by Judge Douglas L Rayes on 6/13/2019. (MMO)
June 12, 2019 Filing 25 MOTION for Leave to Appear - Telephonic Appearance at Rule 16 Scheduling Conference by Experian Information Solutions Incorporated. (Attachments: #1 Text of Proposed Order)(Javadizadeh, Sheereen)
June 11, 2019 Filing 24 NOTICE of Service of Discovery filed by Experian Information Solutions Incorporated. (Javadizadeh, Sheereen)
June 10, 2019 Filing 23 ANSWER to #1 Notice of Removal Defendant Capital One Bank (USA), N.A.'s Answer to Complaint by Capital One Bank NA.(Burgeson, Wade)
June 10, 2019 Filing 22 Corporate Disclosure Statement by Capital One Bank NA identifying Corporate Parent Capital One Bank (USA), N.A. for Capital One Bank NA. (Burgeson, Wade)
June 7, 2019 Filing 21 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiff Kimberly Case. (Hippensteel, Jacob)
June 6, 2019 Filing 20 NOTICE of Party Dismissal by Kimberly Case. Party Equifax Information Services LLC terminated. (Hippensteel, Jacob)
May 14, 2019 Filing 19 NOTICE re: Order re Rule 12(b) Motions by Kimberly Case re: #5 Order re Rule 12(b) Motions . (Hippensteel, Jacob)
May 10, 2019 Opinion or Order Filing 18 ORDER granting a one-time extension of time until 6/10/2019 for Defendant Capital One Bank NA, only, to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. No further extensions will be granted. Signed by Judge Douglas L Rayes on 5/10/2019. (MMO)
May 10, 2019 Filing 17 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Stipulation to Extend Defendant Capital One Bank (USA), National Association's Time to Respond to Complaint by Capital One Bank NA. (Attachments: #1 Text of Proposed Order Order Extending Defendant Capital One Bank (USA), National Association's Time to Respond to Complaint)(Burgeson, Wade)
May 10, 2019 Opinion or Order Filing 16 ORDER granting Defendant Capital One Bank, National Associations #15 Notice of Substitution of Counsel with Consent and Request for Approval Thereof. Wade M. Burgeson of Engelman Berger, P.C. is hereby substituted in as local and lead counsel for Defendant Capital One Bank, National Association, in place of Tim O'Brien. Signed by Judge Douglas L Rayes on 5/9/2019. (MMO)
May 7, 2019 Filing 15 *NOTICE of Appearance/Substitution of Counsel with Consent and Request for Approval Thereof. Wade M. Burgeson appearing for Capital One Bank NA. (Attachments: #1 Text of Proposed Order Order Granting Substitution of Counsel With Consent)(Burgeson, Wade) *Modified to correct event on 5/8/2019 (RMV).
May 7, 2019 Filing 14 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Kimberly Case. (Hippensteel, Jacob)
May 6, 2019 Opinion or Order Filing 13 ORDER that Defendant Equifax Information Services LLC only, will, without further Order of this Court, be dismissed within thirty (30) days of the date of this order unless a stipulation to dismiss is filed prior to the dismissal date. FURTHER ORDERED directing the Clerk of the Court to terminate Defendant Equifax Information Services LLC only on 6/7/2019 without further leave of Court. Signed by Judge Douglas L Rayes on 5/6/2019. (MMO)
May 3, 2019 Filing 12 NOTICE TO FILER OF DEFICIENCY re: #11 Notice of Settlement filed by Kimberly Case. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
May 3, 2019 Filing 11 *NOTICE of Settlement as to Equifax Information Services LLC by Kimberly Case. (Hippensteel, Jacob) *Document not in compliance with LRCiv 7.1(a)(3). Attorney noticed on 5/6/2019 (RMV).
May 2, 2019 Filing 10 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Experian Information Solutions Incorporated. (Javadizadeh, Sheereen)
April 17, 2019 Opinion or Order Filing 9 ORDER granting a one-time extension of time until 5/1/2019 for Defendant Equifax Information Services, LLC, only, to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. No further extensions will be granted. Signed by Judge Douglas L Rayes on 4/17/2019. (MMO)
April 12, 2019 Filing 8 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Notice of Removal by Equifax Information Services LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Text of Proposed Order Proposed Order)(Hubbard, Maria)
April 10, 2019 Remark: Pro hac vice motion granted for Sheereen Javadizadeh on behalf of Experian Information Solutions Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
April 8, 2019 Filing 7 NOTICE of Appearance by Maria Fernanda Hubbard on behalf of Equifax Information Services LLC. (Hubbard, Maria)
April 8, 2019 Opinion or Order Filing 6 ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Rule 16 Scheduling Conference set for 6/14/2019 at 09:30 AM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. The parties are directed to meet and confer at least 14 days before the Scheduling Conference as required by Federal Rule of Civil Procedure 26(f). (See Order for details.) Signed by Judge Douglas L Rayes on 4/5/2019. (MMO)
April 8, 2019 Opinion or Order Filing 5 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 4/5/2019. (MMO)
April 5, 2019 Filing 4 Corporate Disclosure Statement by Experian Information Solutions Incorporated identifying Corporate Parent Experian plc for Experian Information Solutions Incorporated. (Wagner, Emily)
April 5, 2019 Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (DLC)
April 5, 2019 Filing 2 Filing fee paid, receipt number 0970-16751245. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-19-02222-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC)
April 5, 2019 ***STATE COURT RECORD RECEIVED*** ANSWER to Complaint by Experian Information Solutions Incorporated. ENTERED IN DISTRICT COURT FOR CASE MANAGEMENT PURPOSES***(DLC)
April 5, 2019 ***STATE COURT RECORD RECEIVED***SERVICE EXECUTED : Certificate of Service re: Civil Summons; Notice of Defendant; Complaint for Violation of Fair Credit Reporting Act upon Experian Information Solutions Incorporated on 3/7/2019. (Original filed in Highland Justice Court on 3/11/2019). Certificate of Service re: Civil Summons; Notice of Defendant; Complaint for Violation of Fair Credit Reporting Act upon Equifax Information Services LLC and Capital One Bank, NA on 3/11/2019. (Originals filed in Highland Justice Court on 3/14/2019). (DLC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
April 5, 2019 Filing 1 NOTICE OF REMOVAL from Hyland Justice Court Maricopa County, case number CC2019042720RC. Filing fee received: $ 400.00, receipt number 0970-16751245 filed by Experian Information Solutions Incorporated. (Wagner, Emily) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(DLC)

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Plaintiff: Kimberly Case
Represented By: Kevin Fallon McCarthy
Represented By: Jacob Wayne Hippensteel
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Defendant: Experian Information Solutions Incorporated
Represented By: Emily Gildar Wagner
Represented By: Sheereen Javadizadeh
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Defendant: Capital One Bank NA
Represented By: Tim O'Brien
Represented By: Wade Michael Burgeson
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Defendant: Equifax Information Services LLC
Represented By: Melissa S Ho
Represented By: Maria Fernanda Hubbard
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