Spicer v. Capital One, NA/Capital One Auto Finance et al
Plaintiff: Eddie Spicer
Defendant: Capital One, NA/Capital One Auto Finance, Andrew M Young, John Doe and Karina Doe
Case Number: 3:2023cv01141
Filed: August 28, 2023
Court: US District Court for the District of Connecticut
Presiding Judge: Victor A Bolden
Referring Judge: Maria E Garcia
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2023 Filing 14 NOTICE by Capital One, NA/Capital One Auto Finance, Andrew M Young re #10 MOTION to Dismiss [Notice of Non-Opposition to Motion to Dismiss] (Moskowitz, Bennet)
September 21, 2023 Filing 13 Disclosure Statement by Capital One, NA/Capital One Auto Finance identifying Corporate Parent Capital One Financial Corporation for Capital One, NA/Capital One Auto Finance. (Moskowitz, Bennet)
September 21, 2023 Filing 12 NOTICE by Capital One, NA/Capital One Auto Finance, Andrew M Young re #10 MOTION to Dismiss , #11 Memorandum in Support of Motion, (Notice of Service) (Moskowitz, Bennet)
September 21, 2023 Filing 11 Memorandum in Support re #10 MOTION to Dismiss filed by Capital One, NA/Capital One Auto Finance, Andrew M Young. (Attachments: #1 Exhibit A (Retail Installment Contract), #2 Exhibit B (Retail Purchase Order), #3 Exhibit C (Notice of Default))(Moskowitz, Bennet)
September 21, 2023 Filing 10 MOTION to Dismiss by Capital One, NA/Capital One Auto Finance, Andrew M Young.Responses due by 10/12/2023 (Moskowitz, Bennet)
August 29, 2023 Opinion or Order Filing 9 ENTERED IN ERROR-ORDER. The Court directs the Commissioner to respond to this motion, ECF No. 31 , by September 29, 2023. Signed by Judge Victor A. Bolden on 8/29/2023. (Rafla-Yuan, Deanna) Modified on 8/30/2023 (Murphy, Tatihana).
August 29, 2023 Opinion or Order Filing 8 ORDER denying #3 Motion for Preliminary Injunction. The MOTION for Preliminary Injunction is DENIED without prejudice to renewal. The current motion for preliminary injunction lacks a showing of likelihood of success on the merits. Upon renewal, to obtain a preliminary injunction under Federal Rule of Civil Procedure 65, Mr. Spicer "must establish that [he is] likely to succeed on the merits, that [he is] likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in [his] favor, and that an injunction is in the public interest." N.Y. Progress & Prot. PAC v. Walsh, 733 F.3d 483, 486 (2d Cir. 2013) (quoting Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008)); see also Moore v. Consol. Edison Co. of N.Y., Inc., 409 F.3d 506, 510 (2d Cir. 2005); FED. R. CIV. P. 65.Signed by Judge Victor A. Bolden on 8/28/2023. (Rafla-Yuan, Deanna)
August 29, 2023 Filing 7 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #6 Standing Protective Order, #5 Electronic Filing Order, #4 Order on Pretrial Deadlines, #1 Complaint filed by Eddie Spicer, #3 MOTION for Preliminary Injunction filed by Eddie Spicer, 2 Notice re: Disclosure Statement, Signed by Clerk on 8/28/2023.(Imbriani, Susan)
August 28, 2023 Opinion or Order Filing 6 STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 8/28/2023.(Imbriani, Susan)
August 28, 2023 Opinion or Order Filing 5 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 8/28/2023.(Imbriani, Susan)
August 28, 2023 Opinion or Order Filing 4 Order on Pretrial Deadlines: Amended Pleadings due by 10/27/2023, Discovery due by 2/27/2024, Dispositive Motions due by 4/2/2024. Signed by Clerk on 8/28/2023.(Imbriani, Susan)
August 28, 2023 Filing 3 MOTION for Preliminary Injunction by Eddie Spicer. Responses due by 9/18/2023 (Oliver, T.)
August 28, 2023 Filing 2 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 8/28/2023. (Oliver, T.)
August 28, 2023 Filing 1 COMPLAINT against Capital One, NA/Capital One Auto Finance, John Doe, Karina Doe, Andrew M Young, filed by Eddie Spicer. (Oliver, T.)
August 28, 2023 Filing fee received from Eddie Spicer: $ 402.00, receipt number tbd (Oliver, T.)
August 28, 2023 Judge Victor A. Bolden and Judge Maria E. Garcia added. (Oliver, T.)

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Plaintiff: Eddie Spicer
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Defendant: Capital One, NA/Capital One Auto Finance
Represented By: Bennet J. Moskowitz
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Defendant: Andrew M Young
Represented By: Bennet J. Moskowitz
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Defendant: John Doe
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Defendant: Karina Doe
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