Smith v. Capital One Bank, N.A. et al
| Venton Smith |
| Capital One Bank, N.A., Amazon.Com, Inc., Amazon Web Services, Inc., Equifax Information Services, LLC, Experian Information Solutions, Inc., Transunion Consumer Solutions, LLC, Lending Club Bank, Trust Bank, Suntrust Bank, JPMorgan Chase Bank, Citigroup Bank, American Express Company, TD Bank USA, Comenity Bank, Synchrony Bank, LLC, Mathis Brothers, Best Buy, DSNB MACYS, Jared Jeweler, DSRM National Bank/Valero and Citibank, N.A. |
| 3:2023cv02804 |
| June 7, 2023 |
| US District Court for the Northern District of California |
| Charles R Breyer |
| Thomas S Hixson |
| Consumer Credit |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 59 NOTICE by Amazon Web Services, Inc., Amazon.Com, Inc. Notice of Withdrawal of Attorney Rina Plotkin as Counsel of Record (Miller, Janie) (Filed on 8/4/2023) |
| Filing 58 ANSWER to Complaint bySuntrust Bank. (Conboy, Alexandra) (Filed on 8/4/2023) |
| Filing 57 OBJECTION (re #18 MOTION to Dismiss Plaintiff's Complaint ) filed by Venton Smith. (sfb, COURT STAFF) (Filed on 8/3/2023) |
| Filing 56 OPPOSITION to #24 Trans Union Answer to Complaint by Venton Smith. (sfb, COURT STAFF) (Filed on 8/3/2023) |
| Filing 55 STIPULATION to Extend Time to Respond to Complaint Until August 30, 2023 filed by JPMorgan Chase Bank. (Yu, Leanne) (Filed on 8/3/2023) |
| Filing 53 MOTION for Extension of Time to File Response as to #46 First MOTION to Compel Arbitration filed by Venton Smith. (cv, COURT STAFF) (Filed on 8/3/2023) |
| Filing 52 NOTICE of Voluntary Dismissal by Venton Smith (cv, COURT STAFF) (Filed on 8/3/2023) |
| Filing 54 MOTION for Extension of Time to File filed by Venton Smith. (sfb, COURT STAFF) (Filed on 8/2/2023) |
| Filing 51 ANSWER to Complaint byExperian Information Solutions, Inc.. (Lopez, Amy) (Filed on 8/2/2023) |
| Filing 50 CERTIFICATE OF SERVICE by Venton Smith (Attachments: #1 Envelope)(sfb, COURT STAFF) (Filed on 7/31/2023) |
| Filing 49 MOTION to Vacate Hearings filed by Venton Smith. Responses due by 8/14/2023. Replies due by 8/21/2023. (Attachments: #1 Cover Letter, #2 Envelope)(sfb, COURT STAFF) (Filed on 7/31/2023) |
| Filing 48 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Experian Information Solutions, Inc... (Lopez, Amy) (Filed on 7/28/2023) |
| Filing 47 CLERK'S NOTICE VACATING MOTION TO COMPEL hearing set for August 25, 2023 before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion Hearing set for 9/29/2023 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than September 26, 2023 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 9/29/2023 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 7/21/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 46 First MOTION to Compel Arbitration filed by Citibank, N.A.. Motion Hearing set for 8/25/2023 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 8/4/2023. Replies due by 8/11/2023. (Attachments: #1 Declaration Declaration of Kelly Booth and Exhibits, #2 Declaration Declaration of Andrew Grayot and Exhibits, #3 Proposed Order [Proposed] Order Granting Motion to Compel Arbitration)(Conboy, Alexandra) (Filed on 7/21/2023) |
Filing 45
ORDER by Judge Charles R. Breyer denying as moot #41 Motion for Extension of Time; granting #42 Motion for Extension of Time; granting #43 Motion for Extension of Time. Response to Motion to Dismiss due by 8/4/2023. Reply to Response due by 8/11/2023. (crblc2, COURT STAFF) (Filed on 7/21/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 44 Certificate of Interested Entities by Comenity Bank identifying Corporate Parent Bread Financial Holdings, Inc., Other Affiliate Bread Financial Payments, Inc. for Comenity Bank. (Searles, Nathan) (Filed on 7/20/2023) |
| Filing 43 Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint,, filed by Comenity Bank. (Searles, Nathan) (Filed on 7/20/2023) |
| Filing 42 JOINT STIPULATED MOTION for Extension of Time filed by Venton Smith. (Attachments: #1 Envelope)(dhm, COURT STAFF) (Filed on 7/19/2023) |
| Filing 41 MOTION for Extension of Time filed by Venton Smith. (Attachments: #1 Envelope)(dhm, COURT STAFF) (Filed on 7/19/2023) |
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Filing 40
STIPULATION AND ORDER by Judge Charles R. Breyer: Granting #26 Stipulation. (ls, COURT STAFF) (Filed on 7/18/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 39
STIPULATION AND ORDER by Judge Charles R. Breyer: Granting #23 Stipulation. (ls, COURT STAFF) (Filed on 7/18/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 38
ORDER by Judge Charles R. Breyer: Granting #12 Motion for Extension of Time to Answer. (ls, COURT STAFF) (Filed on 7/18/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 37
STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT by Judge Charles R. Breyer: Granting #36 Stipulation. (ls, COURT STAFF) (Filed on 7/18/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 36 STIPULATION WITH PROPOSED ORDER filed by Suntrust Bank. (Attachments: #1 Proposed Order)(Conboy, Alexandra) (Filed on 7/17/2023) |
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Filing 35
STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 45 DAYS by Judge Charles R. Breyer: Granting #31 Stipulation. (ls, COURT STAFF) (Filed on 7/14/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 34 Certificate of Interested Entities by Citibank, N.A. identifying Corporate Parent CitiGroup, Inc. for Citibank, N.A.. (Conboy, Alexandra) (Filed on 7/14/2023) |
| Filing 33 Certificate of Interested Entities by Mathis Brothers identifying Corporate Parent Mathis Bros. Oklahoma City, LLC for Mathis Brothers. (Warner, Steven) (Filed on 7/13/2023) |
| Filing 32 Certificate of Interested Entities by Synchrony Bank, LLC identifying Corporate Parent Synchrony Financial is a publicly traded company of which no entity or shareholder owns ten (10) percent or more of its publicly traded shares for Synchrony Bank, LLC. (Warner, Steven) (Filed on 7/13/2023) |
| Filing 31 STIPULATION WITH PROPOSED ORDER re #1 Complaint,, filed by Mathis Brothers, Synchrony Bank, LLC. (Attachments: #1 Proposed Order)(Warner, Steven) (Filed on 7/13/2023) |
| Filing 30 NOTICE by Equifax Information Services, LLC of Settlement as to Equifax Information Services LLC (Quinn, Thomas) (Filed on 7/13/2023) |
| Filing 29 Certificate of Interested Entities by Amazon Web Services, Inc., Amazon.Com, Inc. identifying Corporate Parent Amazon.Com, Inc. for Amazon Web Services, Inc.. (Newby, Tyler) (Filed on 7/13/2023) |
| Filing 28 Certificate of Interested Entities by JPMorgan Chase Bank identifying Corporate Parent JPMorgan Chase & Co. for JPMorgan Chase Bank. (Yu, Leanne) (Filed on 7/12/2023) |
| Filing 27 STIPULATION to Extend Time to Respond to Complaint filed by JPMorgan Chase Bank. (Yu, Leanne) (Filed on 7/12/2023) |
| Filing 26 STIPULATION WITH PROPOSED ORDER Joint Stipulation To Extend Time For Defendant Td Bank Usa To Respond To Complaint filed by TD Bank USA. (Attachments: #1 Proposed Order)(Jones, Barbara) (Filed on 7/12/2023) |
| Filing 25 Certificate of Interested Entities by Transunion Consumer Solutions, LLC (Roberts, Jason) (Filed on 7/11/2023) |
| Filing 24 ANSWER to Complaint byTransunion Consumer Solutions, LLC. (Roberts, Jason) (Filed on 7/11/2023) |
| Filing 23 STIPULATION WITH PROPOSED ORDER filed by Citibank, N.A.. (Attachments: #1 Proposed Order)(Conboy, Alexandra) (Filed on 7/10/2023) |
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Filing 22
STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT by Judge Charles R. Breyer: Granting #17 Stipulation. (ls, COURT STAFF) (Filed on 7/10/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 21 CLERK'S NOTICE VACATING MOTION TO DISMISS HEARING set for September 9, 2023 before the Honorable Charles R. Breyer. Motion Hearing set for 9/29/2023 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 7/10/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 20 CERTIFICATE OF SERVICE by Amazon Web Services, Inc., Amazon.Com, Inc. re #15 Notice of Appearance, #14 Notice of Appearance, #16 Notice of Appearance (Newby, Tyler) (Filed on 7/7/2023) |
| Filing 19 Certificate of Interested Entities by Capital One Bank, N.A. identifying Corporate Parent Capital One Financial Corporation for Capital One Bank, N.A.. (Blaschke, Matthew) (Filed on 7/7/2023) |
| Filing 18 MOTION to Dismiss Plaintiff's Complaint filed by Capital One Bank, N.A.. Motion Hearing set for 9/8/2023 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 7/21/2023. Replies due by 7/28/2023. (Attachments: #1 Declaration of S. Stewart Haskin II, #2 Exhibit A - G, #3 Proposed Order)(Blaschke, Matthew) (Filed on 7/7/2023) |
| Filing 17 STIPULATION WITH PROPOSED ORDER filed by Suntrust Bank. (Attachments: #1 Proposed Order)(Conboy, Alexandra) (Filed on 7/7/2023) |
| Filing 16 NOTICE of Appearance by Rina Plotkin (Plotkin, Rina) (Filed on 7/7/2023) |
| Filing 15 NOTICE of Appearance by Janie Yoo Miller (Miller, Janie) (Filed on 7/7/2023) |
| Filing 14 NOTICE of Appearance by Tyler Griffin Newby (Newby, Tyler) (Filed on 7/7/2023) |
| Filing 13 Certificate of Interested Entities by Suntrust Bank identifying Corporate Parent Truist Financial Corporation for Suntrust Bank. (Conboy, Alexandra) (Filed on 7/6/2023) |
| Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint,, filed by Experian Information Solutions, Inc.. (Lopez, Amy) (Filed on 7/5/2023) |
| Filing 11 Certificate of Interested Entities by Experian Information Solutions, Inc. identifying Corporate Parent Experian plc., Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC, Other Affiliate Opt-Out Services LLC for Experian Information Solutions, Inc.. (Lopez, Amy) (Filed on 7/5/2023) |
| Filing 10 ***POSTED IN ERROR. PLEASE DISREGARD.*** STIPULATION re #1 Complaint,, for Extension of Time to Respond to Complaint filed by Experian Information Solutions, Inc.. (Lopez, Amy) (Filed on 7/5/2023) Modified text on 7/6/2023 (dhm, COURT STAFF). |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 07/03/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 7/3/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (tshlc1, COURT STAFF) (Filed on 6/30/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Citibank, N.A... (Conboy, Alexandra) (Filed on 6/29/2023) |
| Filing 6 SUMMONS Returned Executed by Venton Smith. Amazon Web Services, Inc. served on 6/9/2023, answer due 6/30/2023; Amazon.Com, Inc. served on 6/9/2023, answer due 6/30/2023; American Express Company served on 6/8/2023, answer due 6/29/2023; Best Buy served on 6/8/2023, answer due 6/29/2023; Capital One Bank, N.A. served on 6/9/2023, answer due 6/30/2023; Citigroup Bank served on 6/8/2023, answer due 6/29/2023; Comenity Bank served on 6/8/2023, answer due 6/29/2023; DSNB MACYS served on 6/8/2023, answer due 6/29/2023; DSRM National Bank/Valero served on 6/8/2023, answer due 6/29/2023; Equifax Information Services, LLC served on 6/9/2023, answer due 6/30/2023; Experian Information Solutions, Inc. served on 6/9/2023, answer due 6/30/2023; JPMorgan Chase Bank served on 6/8/2023, answer due 6/29/2023; Jared Jeweler served on 6/8/2023, answer due 6/29/2023; Lending Club Bank served on 6/8/2023, answer due 6/29/2023; Mathis Brothers served on 6/8/2023, answer due 6/29/2023; Suntrust Bank served on 6/8/2023, answer due 6/29/2023; Synchrony Bank, LLC served on 6/8/2023, answer due 6/29/2023; TD Bank USA served on 6/8/2023, answer due 6/29/2023; Transunion Consumer Solutions, LLC served on 6/9/2023, answer due 6/30/2023; Trust Bank served on 6/8/2023, answer due 6/29/2023. (Attachments: #1 Envelope)(dhm, COURT STAFF) (Filed on 6/28/2023) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Venton Smith.. (dhm, COURT STAFF) (Filed on 6/12/2023) |
| Filing 4 Summons Issued as to Amazon Web Services, Inc., Amazon.Com, Inc., American Express Company, Best Buy, Capital One Bank, N.A., Citigroup Bank, Comenity Bank, DSNB MACYS, DSRM National Bank/Valero, Equifax Information Services, LLC, Experian Information Solutions, Inc., JPMorgan Chase Bank, Jared Jeweler, Lending Club Bank, Mathis Brothers, Suntrust Bank, Synchrony Bank, LLC, TD Bank USA, Transunion Consumer Solutions, LLC, Trust Bank. (sfb, COURT STAFF) (Filed on 6/7/2023) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/31/2023. Initial Case Management Conference set for 9/7/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor. (sfb, COURT STAFF) (Filed on 6/7/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 2 Notice Regarding Resources Available to Pro Se Litigants and ORDER (sfb, COURT STAFF) (Filed on 6/7/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 1 COMPLAINT against Amazon Web Services, Inc., Amazon.Com, Inc., American Express Company, Best Buy, Capital One Bank, N.A., Citigroup Bank, Comenity Bank, DSNB MACYS, DSRM National Bank/Valero, Equifax Information Services, LLC, Experian Information Solutions, Inc., JPMorgan Chase Bank, Jared Jeweler, Lending Club Bank, Mathis Brothers, Suntrust Bank, Synchrony Bank, LLC, TD Bank USA, Transunion Consumer Solutions, LLC, Trust Bank (Filing fee $ 402.). Filed byVenton Smith. Consent/Declination due by 6/21/2023. (Attachments: #1 Civil Cover Sheet, #2 Receipt for Filing Fee)(sfb, COURT STAFF) (Filed on 6/7/2023) |
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