Schaffer et al v. Fifth Third Bank, N.A. et al
| Jessica Schaffer and Jared Schaffer |
| Trans Union, LLC and Fifth Third Bank, N.A. |
| 1:2020cv02157 |
| July 22, 2020 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Raymond P Moore |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Both |
Docket Report
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This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.
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Filing 35
ORDER Granting Stipulation to Dismiss Case with Prejudice. The Clerk of the Court is directed to close this case, by Judge Raymond P. Moore on November 9, 2020. (rvill, )
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| Filing 34 STIPULATION of Dismissal of Case with Prejudice by Plaintiffs Jared Schaffer, Jessica Schaffer. (Attachments: #1 Proposed Order (PDF Only))(Osborne, Matthew) |
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Filing 33
MINUTE ORDER re: #30 Notice of Settlement. Plaintiff has indicated she has reached a settlement with Defendant Fifth Third Bank, N.A. The parties shall submit their Dismissal Paper on or before 11/23/2020. By Magistrate Judge S. Kato Crews on 10/23/2020. Text Only Entry (skclc1)
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Filing 32
ORDER of Dismissal with Prejudice of Trans Union, LLC. Defendant Trans Union, LLCs name shall be removed from the caption in all future filings with the Court. By Judge Raymond P. Moore on October 23, 2020. (rvill, )
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| Filing 31 STIPULATION of Dismissal of Party with Prejudice of Trans Union LLC by Defendant Trans Union, LLC. (Attachments: #1 Proposed Order (PDF Only))(Sheldon, Paul) |
| Filing 30 NOTICE of Settlement with Defendant Fifth Third Bank, N.A. by Plaintiffs Jared Schaffer, Jessica Schaffer (Osborne, Matthew) |
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Filing 29
MINUTE ORDER RE: Plaintiff's Notice of Settlement. Plaintiff indicates they have reached settlement with Defendant Trans Union. Accordingly, the Parties are ORDERED to submit its dismissal paperwork by 11-30-2020. SO ORDERED by Magistrate Judge S. Kato Crews on 10-21-2020. Text Only Entry (skclc2).
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Filing 28
ORDER granting #25 Motion for Protective Order. SO ORDERED by Magistrate Judge S. Kato Crews on 10-20-2020. (skclc2).
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| Filing 27 NOTICE of Settlement with Defendant Trans Union, LLC by Plaintiffs Jared Schaffer, Jessica Schaffer (Osborne, Matthew) |
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Filing 26
MEMORANDUM regarding #25 MOTION for Protective Order MOTION FOR ENTRY OF AGREED PROTECTIVE ORDER filed by Fifth Third Bank, N.A. Motion referred to Magistrate Judge S. Kato Crews. By Judge Raymond P. Moore on 10/19/2020. (Text Only Entry) (rmsec )
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| Filing 25 MOTION for Protective Order MOTION FOR ENTRY OF AGREED PROTECTIVE ORDER by Defendant Fifth Third Bank, N.A.. (Attachments: #1 Exhibit Stipulated Protective Order)(Czanik, Kara) |
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Filing 24
SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 10/8/2020. (amont, )
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| Filing 23 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Telephone Scheduling Conference held on 10/8/2020. Discovery due by 3/26/2021. Dispositive Motions due by 4/26/2021. Joint Status Report due by 12/22/2020. Telephone Final Pretrial Conference set for 6/29/2021 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. FTR: Courtroom C-201. (amont, ) |
| Filing 22 Proposed Scheduling Order by Plaintiffs Jared Schaffer, Jessica Schaffer. (Osborne, Matthew) |
| Filing 21 NOTICE of Entry of Appearance by Kara Ann Czanik on behalf of Fifth Third Bank, N.A.Attorney Kara Ann Czanik added to party Fifth Third Bank, N.A.(pty:dft) (Czanik, Kara) |
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Filing 20
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 10-8-2020 at 9:00 am in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 10-01-2020. The Magistrate Judge Consent Form [3-2] is due 10-01-2020. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 09-10-2020. Text Only Entry (skclc2).
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| Filing 19 ANSWER to #1 Complaint, by Fifth Third Bank, N.A..(Sweet, Patrick) |
| Filing 18 AMENDED ANSWER to #1 Complaint, by Defendant Trans Union, LLC. (Sheldon, Paul) |
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Filing 17
MINUTE ORDER: This matter is before the Court upon review of Defendant Trans Union's amended answer #16 which apparently removes the defense addressed in the Minute Order of August 21, 2020 15 . Pursuant to D.C.COLO.LCivR 15.1(a), on or before Tuesday, August 25, 2020, Defendant Trans Union is ORDERED to file a copy of its amended answer which strikes through the text that was deleted and underlines the text that was added. SO ORDERED by Judge Raymond P. Moore on 9/24/2020. (Text Only Entry) (rmsec )
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| Filing 16 AMENDED ANSWER to #1 Complaint, by Defendant Trans Union, LLC. (Sheldon, Paul) |
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Filing 15
MINUTE ORDER: Pursuant to Fed. R. Civ. P. 5.1, where a party "files a pleading drawing into question the constitutionality of a federal or state statute," it "must promptly: (1) file a notice of constitutional question stating the question and identifying the paper that raises it, if: (A) a federal statute is questioned and the parties do not include the United States, one of its agencies, or one of its officers or employees in an official capacity; ... and (2) serve the notice and paper on the Attorney General of the United States if a federal statute is questioned...." In this Fair Credit Reporting Act case, the Court's review of Defendant Trans Union LLC's answer and defenses #13 shows it raises the following defense: "Plaintiffs' claims for exemplary or punitive damages and the FCRA damage model violate the Due Process Clause of the Fourteenth Amendment and the laws of the State of Colorado." Thus, it appears Rule 5.1 is triggered but Defendant Trans Union LLC has not filed the requisite notice. Accordingly, it is ORDERED that Defendant Trans Union LLC shall file its Rule 5.1 notice by Monday, August 24, 2020. SO ORDERED by Judge Raymond P. Moore on 8/21/2020. (Text Only Entry) (rmsec )
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| Filing 14 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent TransUnion, Corporate Parent Trans Union Intermediate Holdings, Inc. for Trans Union, LLC. (Sheldon, Paul) |
| Filing 13 ANSWER to #1 Complaint, Attorney Paul W. Sheldon added to party Trans Union, LLC(pty:dft) by Trans Union, LLC.(Sheldon, Paul) |
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Filing 12
ORDER GRANTING #9 Motion for Extension of Time to Answer or Otherwise Respond. For good cause shown, IT IS ORDERED that the Motion is GRANTED. Accordingly, IT IS ORDERED that Defendant Fifth Third Bank, N.A.'s answer or otherwise responsive pleading is due 9/10/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 8/10/2020. Text Only Entry (skclc2)
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| Filing 11 MEMORANDUM regarding #9 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint filed by Fifth Third Bank, N.A. Motion referred to Magistrate Judge S. Kato Crews. By Judge Raymond P. Moore on 8/7/2020. (Text Only Entry) (rmsec ) |
| Filing 10 NOTICE OF RELATED CASES by Defendant Fifth Third Bank, N.A. (Sweet, Patrick) |
| Filing 9 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by Defendant Fifth Third Bank, N.A.. (Sweet, Patrick) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Fifth Third Bancorp. for Fifth Third Bank, N.A.. (Sweet, Patrick) |
| Filing 7 NOTICE of Entry of Appearance by Patrick Mayer Sweet on behalf of Fifth Third Bank, N.A.Attorney Patrick Mayer Sweet added to party Fifth Third Bank, N.A.(pty:dft) (Sweet, Patrick) |
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Filing 6
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 7/23/2020. (Text Only Entry) (rmsec )
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Filing 5
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. 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 Judge Raymond P. Moore on 7/23/2020. (Text Only Entry) (rmsec )
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| Filing 4 Kevin C. Williams attempted to enter his appearance in this case by affixing his "s/" signature to the complaint. Counsel is not a member of the bar this court. Pursuant to D.C.COLO.LAttyR 5(a)(5) his purported appearance will not be recognized. Pro hac vice bar status is not allowed in this court. All admissions are general. (Text Only Entry) (mfred) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (cpomm, ) |
| Filing 2 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (cpomm, ) |
| Filing 1 COMPLAINT against Fifth Third Bank, N.A., Trans Union, LLC (Filing fee $ 400,Receipt Number 1082-7398152)Attorney Matthew Ross Osborne added to party Jared Schaffer(pty:pla), Attorney Matthew Ross Osborne added to party Jessica Schaffer(pty:pla), filed by Jared Schaffer, Jessica Schaffer. (Attachments: #1 Proposed Document Summons (Fifth Third Bank), #2 Proposed Document Summons (Trans Union))(Osborne, Matthew) |
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