Michael Edward Kelly v. Capital One Auto Finance
| Michael Edward Kelly |
| Capital One Auto Finance, a Division of Capital One, N.A. and Capital One Auto Finance |
| 5:2023cv00618 |
| April 7, 2023 |
| US District Court for the Central District of California |
| Shashi H Kewalramani |
| Sunshine Suzanne Sykes |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Notice of Removal - Fair Credit Reporting Act |
| None |
Docket Report
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This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
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Filing 15
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PURSUANT TO RULE 12(b)(6) OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT PURSUANT TO RULE 12(e) [DKT. 12] by Judge Sunshine Suzanne Sykes. Accordingly, Capitol Ones Motion [Dkt. 12] is GRANTED. The Court further GRANTS Kelly leave to amend his complaint in accordance with this Order. Any amended Complaint must be filed on or before June 9, 2023. If Kelly chooses to file an amended complaint he is DIRECTED to file contemporaneously therewith a Notice of Lodging to the Complaint that provides the Court with a redline version that shows the amendments. (lom)
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Filing 14
(IN CHAMBERS) ORDER by Judge Sunshine S. Sykes: The Court finds that the Motion to Dismiss Or, In the Alternative, Motion For More Definite Statement [Dkt. 12] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on June 2, 2023. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 13 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure or, in the Alternative, a Motion for a More Definite Statement Pursuant to Rule 12(e); Memorandum of Points and Authorities #12 filed by Defendant Capital One Auto Finance. (Eley, Hunter) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure or, in the Alternative, a Motion for a More Definite Statement Pursuant to Rule 12(e); Memorandum of Points and Authorities filed by Defendant Capital One Auto Finance. Motion set for hearing on 6/2/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Proposed Order Granting Defendant's Motion to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure or, in the Alternative, a Motion for a More Definite Statement Pursuant to Rule 12(e)) (Diaz, Chelsea) |
| Filing 11 Notice to Adverse Parties of Removal of Action to the United States District Court for the Central District of California Under 28 U.S.C. 1441(a), 28 U.S.C. 1331 (Federal Question) and 28 U.S.C. 1367(a) (Supplemental Jurisdiction) filed by Defendant Capital One Auto Finance. (Attachments: #1 Attachment, #2 Proof of Service)(Diaz, Chelsea) |
| Filing 10 PROOF OF SERVICE filed by Defendant Capital One Auto Finance, re Initial Order upon Filing of Complaint - form only #9 served on April 12, 2023. (Diaz, Chelsea) |
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Filing 9
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
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| Filing 8 PROOF OF SERVICE filed by Defendant Capital One Auto Finance, re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #7 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 served on April 11, 2023. (Diaz, Chelsea) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Shashi H. Kewalramani. (sh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendant Capital One Auto Finance., filed by Plaintiff Michael Edward Kelly.[FILED IN STATE COURT 02/23/2023 SUBMITTED AS ATTACHMENT NO. 1 EXHIBIT A TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 4 PROOF OF SERVICE filed by Defendant Capital One Auto Finance, a Division of Capital One, N.A., re Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties, #3 served on April 7, 2023. (Diaz, Chelsea) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Capital One Auto Finance, a Division of Capital One, N.A., identifying Capital One Auto Finance, a Division of Capital One, N.A. (erroneously sued as "Capital One Financial Corporation"); Capital One Financial Corporation; Michael Edward Kelly. (Diaz, Chelsea) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Capital One Auto Finance, a Division of Capital One, N.A.. (Diaz, Chelsea) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino County Superior Court, case number SCVA2300519 Receipt No: ACACDC-35102697 - Fee: $402, filed by Defendant Capital One Auto Finance, a Division of Capital One, N.A.. (Attachments: #1 Exhibit A) (Attorney Chelsea Lynn Diaz added to party Capital One Auto Finance, a Division of Capital One, N.A.(pty:dft))(Diaz, Chelsea) |
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