Ware v. Capital One N.A. et al
| David M. Ware |
| Capital One N.A. and Midland Credit Management |
| 1:2025cv00068 |
| January 16, 2025 |
| U.S. District Court for the District of Delaware |
| Jennifer L Hall |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| None |
Docket Report
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This docket was last retrieved on March 12, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 ANSWERING BRIEF in Opposition re #21 MOTION to Dismiss for Failure to State a Claim - filed by David M. Ware. Reply Brief due date per Local Rules is 3/19/2025. (Attachments: #1 Exhibit 1)(mpb) Modified on 3/12/2025 (ceg). |
| Filing 25 RESPONSE to Order re #24 , requesting to construe D.I. #22 AFFIDAVIT of Facts in Support of Complaint as response to D.I. #21 MOTION to Dismiss for Failure to State a Claim. filed by David M. Ware. (oam) |
Filing 24
ORDER: Plaintiff's response to Defendant Midland Credit Management's Motion to Dismiss (D.I. #21 ) was due per Local Rules by February 28, 2025, and to date none has been filed. Plaintiff shall file a response on or before March 24, 2025. Failure to file a response may result in the motion to dismiss being granted as unopposed. Signed by Judge Jennifer L. Hall on 3/10/2025. ***Copy mailed to Pro Se Plaintiff 3/10/2025*** (ceg)
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| Filing 22 AFFIDAVIT of Facts in Support of Complaint filed by David M. Ware. (Attachments: #1 Exhibit A-B)(slk) |
| CORRECTING ENTRY: The Opening Brief attached to the motion found at D.I. #21 has been removed and refiled at a separate docket entry as discussed with the filer. The Answering Brief/Response due date per Local Rules has been set - 2/28/2025 (ceg) |
| Filing 23 OPENING BRIEF in Support re #21 MOTION to Dismiss for Failure to State a Claim, filed by Midland Credit Management. Answering Brief/Response due date per Local Rules is 2/28/2025. (ceg) (Additional attachment(s) added on 2/18/2025: #1 Exhibits A-C) (ceg). |
| Filing 21 MOTION to Dismiss for Failure to State a Claim - filed by Midland Credit Management. (Currier, Anna) Modified on 2/18/2025 (ceg). (Main Document 21 replaced on 2/18/2025) (ceg). |
| Filing 20 Letter to The Honorable Judge Jennifer L. Hall from David M. Ware regarding D.I. #8 MOTION to Dismiss for Failure to State a Claim. (oam) |
| Filing 19 SUR-REPLY BRIEF in Opposition to D.I. #8 MOTION to Dismiss for Failure to State a Claim filed by David M. Ware. (oam) |
| Filing 18 REPLY BRIEF re #8 MOTION to Dismiss for Failure to State a Claim filed by Capital One N.A.. (Wilson, Tyler) |
| Filing 17 CERTIFICATE OF SERVICE of Motion and Order for Admission Pro Hac Vice of Kristen L. Mynes by Capital One N.A. re #15 MOTION for Pro Hac Vice Appearance of Attorney Kristen L. Mynes (Wilson, Tyler) |
| Filing 16 Pro Hac Vice Fee - Credit Card Payment received for Kristen L. Mynes. ( re #15 MOTION for Pro Hac Vice Appearance of Attorney Kristen L. Mynes )( Payment of $ 50, receipt number ADEDC-4609481).(Wilson, Tyler) |
| Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Kristen L. Mynes - filed by Capital One N.A.. (Wilson, Tyler) |
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SO ORDERED, re #15 Motion for Pro Hac Vice Appearance of Attorney Kristen L. Mynes filed by Capital One N.A. Ordered by Judge Jennifer L. Hall on 2/7/2025. ***Copy mailed to Pro Se Plaintiff on 2/7/2025*** (ceg)
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| DEFICIENCY NOTICE by the Court issued to Capital One N.A. re #15 Motion for Leave to Appear Pro Hac Vice. This filing does not comply with Local Rule 5.2(b)(1). Defendant is directed to supplement the docket accordingly with a certificate of service only. The certificate of service should have a proper case caption. (ceg) |
| Remark: Copy of D.I. #14 Received and Placed in Case Jacket. (oam) |
| Filing 14 ANSWERING BRIEF in Opposition to #8 MOTION to Dismiss for Failure to State a Claim - filed by David M. Ware. Reply Brief due date per Local Rules is 2/7/2025. (jfm) |
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Filing 13
SO ORDERED, re #12 Stipulation and Order to Extend Time for Defendant Midland Credit Management to Answer. (*Reset Answer Deadlines: Midland Credit Management answer due 2/14/2025). Signed by Judge Jennifer L. Hall on 1/31/2025. ***Copy mailed to Pro Se Plaintiff on 1/31/2025*** (ceg)
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| Filing 12 STIPULATION and [Proposed] Order for Extension of Time to File Answer - filed by Capital One N.A., Midland Credit Management. (Currier, Anna) Modified on 1/30/2025 (ceg). |
| Remark: Counsel filed a Corrected Motion for Pro Hac Vice Appearance of Attorney Michael P. Trainor (D.I. #11 ) to reflect that Mr. Trainor is on behalf of Defendant Midland Credit Management only. (ceg) |
|
SO ORDERED, re #11 Corrected Motion for Pro Hac Vice Appearance of Attorney Michael P. Trainor filed by Midland Credit Management. Ordered by Judge Jennifer L. Hall on 1/27/2025. ***Copy mailed to Pro Se Plaintiff on 1/27/2025*** (ceg)
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| Pro Hac Vice Attorney Michael P. Trainor for Capital One N.A.,Michael P. Trainor for Midland Credit Management added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (scs) |
| Filing 11 CORRECTED MOTION for Pro Hac Vice Appearance of Attorney Michael P. Trainor - filed by Midland Credit Management. (Attachments: #1 Certification of Counsel, #2 Text of Proposed Order, #3 Certificate of Service)(Currier, Anna) Modified on 1/27/2025 (ceg). |
| Filing 10 NOTICE of Appearance by Anna Elizabeth Currier on behalf of Midland Credit Management (Attachments: #1 Certificate of Service [CORRECTED])(Currier, Anna) |
| Filing 9 OPENING BRIEF in Support re #8 MOTION to Dismiss for Failure to State a Claim filed by Capital One N.A..Answering Brief/Response due date per Local Rules is 2/6/2025. (Attachments: #1 Exhibit Exhibit A)(Wilson, Tyler) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim - filed by Capital One N.A.. (Attachments: #1 Text of Proposed Order Proposed Order)(Wilson, Tyler) |
| Filing 7 Pro Hac Vice Fee - Credit Card Payment received for Michael P. Trainor. ( re #6 MOTION for Pro Hac Vice Appearance of Attorney Michael P. Trainor )( Payment of $ 50, receipt number ADEDC-4597617).(Currier, Anna) |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Michael P. Trainor - filed by Capital One N.A.. (Attachments: #1 Certification of Counsel, #2 Text of Proposed Order, #3 Certificate of Service)(Currier, Anna) |
| Filing 5 NOTICE of Appearance by Anna Elizabeth Currier on behalf of Capital One N.A. (Attachments: #1 Certificate of Service)(Currier, Anna) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Encore Capital Group, Inc. for Midland Credit Management filed by Midland Credit Management. (Currier, Anna) |
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SO ORDERED, re #6 Motion for Pro Hac Vice Appearance of Attorney Michael P. Trainor filed by Capital One N.A.. Ordered by Judge Jennifer L. Hall on 1/23/2025. ***Copy mailed to Pro Se Plaintiff on 1/23/2025*** (ceg)
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| Case Assigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (rjb) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Capital One Financial Corporation for Capital One N.A. filed by Capital One N.A.. (Wilson, Tyler) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mrr) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from Justice of the Peace Court, Court No. 13, Case Number JP13-24-015474 (Filing fee $405, receipt number ADEDC-4592644)- filed by Capital One N.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(mrr) |
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