Wallace v. Capital One Services II LLC et al
| Brian William Wallace and Brian Edmond Bath |
| Scribd, Inc., Capital One Services II, CA Harrison Enterprises, USVITALRECORDSORG, C.A. Harrison Enterprises, Capital One Services II LLC, C.A. Harrison Enterprises doing business as Background USA, Inc. doing business as USVitalRecordsorg and Capital One Services II LLC doing business as CapitalOne |
| 1:2019cv01359 |
| May 10, 2019 |
| U.S. District Court for the District of Colorado |
| Raymond P Moore |
| Nina Y Wang |
| Consumer Credit |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 7, 2019. A more recent docket listing may be available from PACER.
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Filing 40
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 7/8/2019. (Text Only Entry) (rmsec )
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Filing 39
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 7/8/2019. (Text Only Entry) (rmsec )
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| Filing 38 CASE REASSIGNED pursuant to #37 Order. This case is directly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 19-cv-01359-RM-NYW. (Text Only Entry). (sphil, ) |
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Filing 37
ORDER by Chief Judge Philip A. Brimmer on 7/2/2019. ORDERED that, pursuant to D.C.COLO.LCivR 40.1(d)(1), the Clerk of the Court shall transfer this case to Judge Raymond P. Moore. (sphil, )
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| Filing 36 REPLY to Response to #23 MOTION to Dismiss filed by Defendant Capital One Services II LLC. (Schindler, Alan) |
| Filing 35 Plaintiff's Wallace RESPONSE to #23 MOTION to Dismiss filed by Plaintiff Brian William Wallace. (sphil, ) |
| Filing 34 REPLY In Support of #24 MOTION to Dismiss of Defendant Scribd, Inc. filed by Defendant Scribd, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Becker, Matthew) Modified on 6/3/2019 (sphil, ). |
| Filing 33 CERTIFICATE of Service by Mail by Clerk of Court re 31 Minute Order, to Brian William Wallace, 5994 South Holly Street, Suite #244, Denver, CO 80111. The Clerk mailed appropriate pleadings and updated docket sheet on 5/31/2019. Text Only Entry (jgonz, ) |
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Filing 31
MINUTE ORDER : Before the court is docket entry #30 reflecting that much of the court's mail to Plaintiff has been returned undelivered. It appears the mail was inadvertently sent to the wrong address--5997 S Holly St.--instead of the proper 5994 S Holly St. reflected on the docket. Accordingly, the Clerk of the Court is directed to RESEND the mailings at #30 to the correct address. By Magistrate Judge Nina Y. Wang on 5.31.2019. Text Only Entry (nywlc1, )
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| Filing 32 Mail Returned as Undeliverable re: 22 Order Referring Case to Magistrate Judge, Addressed to Brian William Wallace. (sphil, ) |
| Filing 30 Mail Returned as Undeliverable re: #21 Affidavit/Return of Service, #2 Complaint, #8 Affidavit/Return of Service, #19 Affidavit/Return of Service, #7 Affidavit/Return of Service, 10 Notice to Attorney(s) in Removed, Transferred or Other Cases,, #5 Affidavit/Return of Service, #12 Magistrate Judge, #18 Complaint, #4 Affidavit/Return of Service, #3 Affidavit/Return of Service, 11 Case Assigned to Judge, #20 Affidavit/Return of Service, #9 Affidavit/Return of Service, #6 Affidavit/Return of Service Addressed to Brian William Wallace. (sphil, ) |
| Filing 29 RESPONSES and OBJECTIONS to #24 Defendant Scribd's MOTION to Dismiss filed by Plaintiff Brian William Wallace. (sphil, ) |
| Filing 28 NOTICE of Entry of Appearance by Matthew Berman Becker on behalf of Scribd, Inc.Attorney Matthew Berman Becker added to party Scribd, Inc.(pty:dft) (Becker, Matthew) |
| Filing 27 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Capital One Bank (USA) N.A. for Capital One Services II LLC. (Schindler, Alan) |
| Filing 26 MEMORANDUM regarding #23 MOTION to Dismiss filed by Capital One Services II LLC, #24 MOTION to Dismiss filed by Scribd, Inc. Motions referred to Magistrate Judge Nina Y. Wang by Chief Judge Philip A. Brimmer on 5/20/19. Text Only Entry (pabsec) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT. (Larson, Christopher) |
| Filing 24 MOTION to Dismiss by Defendant Scribd, Inc.. (Attachments: #1 Exhibit A)(Larson, Christopher) |
| Filing 23 MOTION to Dismiss by Defendant Capital One Services II LLC. (Schindler, Alan) |
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Filing 22
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang for all motions. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding.By Chief Judge Philip A. Brimmer on 5/14/19. Text Only Entry (pabsec)
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| Filing 17 NOTICE re #1 Notice of Removal, Exhibit D by Defendant Capital One Services II LLC (Schindler, Alan) |
| Filing 16 NOTICE re #1 Notice of Removal, Exhibit C by Defendant Capital One Services II LLC (Schindler, Alan) |
| Filing 15 NOTICE re #1 Notice of Removal, Exhibit B by Defendant Capital One Services II LLC (Schindler, Alan) |
| Filing 14 NOTICE re #1 Notice of Removal, Exhibit A by Defendant Capital One Services II LLC (Schindler, Alan) |
| Filing 13 NOTICE re #1 Notice of Removal, Exhibit by Defendant Capital One Services II LLC (Schindler, Alan) |
| Filing 21 AFFIDAVIT of Service of Summons, Complaint, upon Scribd Inc on 4/29/2019 (cmadr, ) |
| Filing 20 AFFIDAVIT of Service of Summons, Complaint, upon Capital One Services II LLC on 4/12/2019. (cmadr, ) |
| Filing 19 AFFIDAVIT of Service of Summons, Complaint, upon C.A. Harrison Enterprises on 4/12/2019 (cmadr, ) |
| Filing 18 Private Class Action Claim against C.A. Harrison Enterprises, Capital One Services II LLC, Scribd, Inc., filed by Brian William Wallace.(cmadr, ) |
| Filing 12 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, ) |
| Filing 11 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (cmadr, ) Modified to correct judge assignment on 5/13/2019 (cmadr, ). |
| Filing 10 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (cmadr, ) |
| Filing 9 DISREGARD, FILED IN INCORRECT CASE AFFIDAVIT of Service of Summons, Complaint, upon Nationwide Tax Experts on 4/26/2019. (cmadr, ) Modified to add disregard notice on 5/13/2019 (cmadr, ). |
| Filing 8 DISREGARD, FILED IN INCORRECT CASE AFFIDAVIT of Service of Summons, Complaint, upon 2020 Financial Consulting, Inc on 4/25/2019 (cmadr, ) Modified to add disregard notice on 5/13/2019 (cmadr, ). |
| Filing 7 DISREGARD, FILED IN INCORRECT CASE AFFIDAVIT of Service of Summons, Complaint, upon 2020 Financial Consulting, Inc on 4/24/2019. (cmadr, ) Modified to add disregard notice on 5/13/2019 (cmadr, ). |
| Filing 6 DISREGARD, FILED IN INCORRECT CASE AFFIDAVIT of Service of Summons, Complaint, upon 2020 Financial Consulting, Inc on 4/12/2019. (cmadr, ) Modified to add disregard notice on 5/13/2019 (cmadr, ). |
| Filing 5 DISREGARD, FILED IN INCORRECT CASE AFFIDAVIT of Service of Summons, Complaint, upon Lifeback Tax Services on 4/15/2019 (cmadr, ) Modified to add disregard notice on 5/13/2019 (cmadr, ). |
| Filing 4 DISREGARD, FILED IN INCORRECT CASE AFFIDAVIT of Service of Summons, Complaint, upon 2020 Financial Consulting, Inc on 4/25/2019. (cmadr, ) Modified to add disregard notice on 5/13/2019 (cmadr, ). |
| Filing 3 Notice of Service of Process of Summons, Complaint, upon Capital One Services II LLC on 04/15/2019. (cmadr, ) |
| Filing 2 DISREGARD, FILED IN INCORRECT CASEPrivate Class Action Claim against 2020 Financial Consulting, Inc., Lifeback Tax Services Inc., Nationwide Tax Experts, filed by Brian William Wallace.(cmadr, ) Modified to add disregard notice on 5/13/2019 (cmadr, ). |
| Filing 1 NOTICE OF REMOVAL by Brian William Wallace from USDC Denver City and County, Case Number 19-cv-00106. (Filing fee $ 400, Receipt Number 1082-6679655), filed by Brian William Wallace. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I)(Schindler, Alan) |
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