Ware v. Navy Federal Credit Union et al
| David M. Ware |
| Navy Federal Credit Union, TransUnion, LLC, Credit One Bank, N.A., DriveTime CarSales Company doing business as Drivetime, Equifax Information Services, LLC and C&F Finance CO |
| 1:2025cv00339 |
| March 18, 2025 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Consumer Credit |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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Filing 40
ORDER re #25 MOTION to Dismiss, #36 MOTION for Judgment on the Pleadings, #32 MOTION to Compel, #28 MOTION to Dismiss, #33 MOTION to Compel Arbitration and Stay Proceedings - IT IS HEREBY ORDERED that Plaintiff shall respond to Defendants' motions on or before October 9, 2025. Signed by Judge Maryellen Noreika on 9/9/2025. ***Copy mailed to Pro Se Plaintiff 9/9/2025*** (dlw)
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| Filing 39 Letter to The Honorable Maryellen Noreika from Shannon D. Humiston, Esquire regarding Motion to Compel Arbitration and Dismiss Case (Humiston, Shannon) Modified on 9/3/2025 (dlw). |
| Filing 38 NOTICE OF SUBSTITUTION OF COUNSEL re DriveTime CarSales Company: Entry of appearance of attorney Alan C Cardenas-Moreno. Attorney R. Michael Lindsey terminated. (Cardenas-Moreno, Alan) |
| Filing 37 OPENING BRIEF in Support re #36 MOTION for Judgment on the Pleadings filed by C&F Finance CO.Answering Brief/Response due date per Local Rules is 7/8/2025. (Levine, James Harry) |
| Filing 36 MOTION for Judgment on the Pleadings - filed by C&F Finance CO. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(Levine, James Harry) |
| Filing 35 NOTICE OF SUBSTITUTION OF COUNSEL re DriveTime CarSales Company: Entry of appearance of attorney R. Michael Lindsey. Attorney Brittany M. Giusini terminated. (Attachments: #1 Certificate of Service)(Lindsey, R.) |
| Filing 34 OPENING BRIEF in Support re #33 MOTION to Compel Arbitration and Stay Proceedings filed by DriveTime CarSales Company. Answering Brief/Response due date per Local Rules is 6/6/2025. (Attachments: #1 Exhibit A - Declaration of Matthew Roche)(Giusini, Brittany) Modified on 5/27/2025 (dlw). |
| Filing 33 MOTION to Compel Arbitration and Stay Proceedings - filed by DriveTime CarSales Company. (Attachments: #1 Text of Proposed Order)(Giusini, Brittany) Modified on 5/27/2025 (dlw). |
| Filing 32 MOTION to Compel Arbitration and Dismiss Case and Memorandum in Support - filed by Credit One Bank, N.A.. (Attachments: #1 Exhibit 1 - Declaration of Despina Zuardo, #2 Certificate of Service)(Falgowski, J.) Modified on 5/23/2025 (dlw). |
| Filing 31 ANSWER to Amended Complaint re: #19 More Definite Statement / Amended Complaint by Credit One Bank, N.A. (Attachments: #1 Certificate of Service)(Falgowski, J.) Modified on 5/14/2025 (dlw). |
| Filing 30 ANSWER to Amended Complaint, re: #18 Amended Complaint by C&F Finance CO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Levine, James Harry) |
| Filing 29 OPENING BRIEF in Support re #28 MOTION to Dismiss #17 More Definite Statement/Amended Complaint for Failure to State a Claim filed by TransUnion, LLC. Answering Brief/Response due date per Local Rules is 5/14/2025. (Attachments: #1 Certificate of Service)(Hope, Andrew) Modified on 4/30/2025 (dlw). |
| Filing 28 MOTION to Dismiss #17 More Definite Statement/Amended Complaint for Failure to State a Claim - filed by TransUnion, LLC. (Attachments: #1 Certificate of Service)(Hope, Andrew) Modified on 4/30/2025 (dlw). |
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SO ORDERED re #27 MOTION for Extension of Time to File Answer re #19 Amended Complaint (Set/Reset Answer Deadlines: Credit One Bank, N.A. answer due 5/13/2025). ORDERED by Judge Maryellen Noreika on 4/30/2025. ***Copy mailed to Pro Se Plaintiff 4/30/2025*** (dlw)
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| Filing 27 MOTION for Extension of Time to File Answer re #19 Amended Complaint - filed by Credit One Bank, N.A. (Attachments: #1 Certificate of Service)(Falgowski, J.) Modified on 4/30/2025 (dlw). |
| Filing 26 OPENING BRIEF in Support re #25 MOTION to Dismiss for Failure to State a Claim filed by Navy Federal Credit Union. Answering Brief/Response due date per Local Rules is 5/6/2025. (Wheatley, Emily) Modified on 4/23/2025 (dlw). |
| Filing 25 MOTION to Dismiss for Failure to State a Claim - filed by Navy Federal Credit Union. (Attachments: #1 Text of Proposed Order)(Wheatley, Emily) |
| Filing 24 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Credit One Financial for Credit One Bank, N.A. filed by Credit One Bank, N.A.. (Attachments: #1 Certificate of Service)(Falgowski, J.) |
| Filing 23 NOTICE of Appearance by J. Cory Falgowski on behalf of Credit One Bank, N.A. (Attachments: #1 Certificate of Service)(Falgowski, J.) |
| Filing 22 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent DriveTime Automotive Group, Inc. for DriveTime CarSales Company filed by DriveTime CarSales Company. (Giusini, Brittany) |
| Filing 21 NOTICE of Appearance by Brittany M. Giusini on behalf of DriveTime CarSales Company (Giusini, Brittany) |
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Filing 20
ORAL ORDER re #13 MOTION for More Definite Statement, #8 MOTION to Dismiss, #5 MOTION for More Definite Statement - In light of Plaintiff's More Definite Statements/Amended Complaints (D.I. 11, 17, 18, 19), the Court DENIES as moot all pending motions as they relate to the Original Complaint filed in the Justice of the Peace Court. ORDERED by Judge Maryellen Noreika on 4/16/2025. (dlw) ***Copy mailed to Pro Se Plaintiff 4/16/2025*** Modified on 4/16/2025 (dlw).
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| CORRECTING ENTRY: Documents filed at D.I. #11 have been modified to reflect correct code. (jfm) |
| Filing 19 More Definite Statement/AMENDED COMPLAINT as to Credit One Bank, N.A. - filed by David M. Ware.(jfm) |
| Filing 18 More Definite Statement/AMENDED COMPLAINT as to C&F Finance CO - filed by David M. Ware.(jfm) |
| Filing 17 More Definite Statement/AMENDED COMPLAINT as to TransUnion, LLC - filed by David M. Ware. (Attachments: #1 Exhibits)(jfm) |
| Filing 16 RESPONSE to Motion re #5 MOTION for More Definite Statement filed by Navy Federal Credit Union. (Wheatley, Emily) |
| Filing 15 REPLY BRIEF re #8 MOTION to Dismiss filed by TransUnion, LLC. (Hope, Andrew) Modified on 4/16/2025 (dlw). |
| Filing 14 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Citizens and Farmers Bank Parent Corporation, Corporate Parent C&F Financial Corporation (NASDAQ: CFFI) Parent Corporation for C&F Finance CO filed by C&F Finance CO. (Levine, James Harry) |
| Filing 13 MOTION for More Definite Statement - filed by C&F Finance CO. (Attachments: #1 Text of Proposed Order)(Levine, James Harry) Modified on 4/14/2025 (dlw). |
| Filing 12 NOTICE of Appearance by James Harry Stone Levine on behalf of C&F Finance CO (Levine, James Harry) |
| Filing 11 More Definite Statement/AMENDED COMPLAINT as to Navy Federal Credit Union - filed by David M. Ware. (Attachments: #1 Exhibit)(jfm) Modified on 4/16/2025 (jfm). |
| Set Briefing Schedule: re #8 MOTION to Dismiss, #5 MOTION for More Definite Statement - Answering Brief due 4/8/2025. ***Copy mailed to Pro Se Plaintiff 3/28/2025*** (dlw) |
| Filing 10 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Other Affiliate TransUnion for TransUnion, LLC filed by TransUnion, LLC. (Attachments: #1 Certificate of Service)(Hope, Andrew) |
| Filing 9 OPENING BRIEF in Support re #8 MOTION to Dismiss filed by TransUnion, LLC.Answering Brief/Response due date per Local Rules is 4/9/2025. (Attachments: #1 Certificate of Service)(Hope, Andrew) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| CORRECTING ENTRY: The brief filed as an attachment to the motion at D.I. #8 has been removed. Motions and briefs are to be filed independent of each other. Defendant TransUnion, LLC is to refile its brief accordingly. (nms) |
| CORRECTING ENTRY: The 7.1 Disclosure Statement filed at D.I. 7 on 3/25/2025, has been removed from the docket as parent/other affiliates were not appropriately entered. Upon review of the filing it was noted that TransUnion Intermediate Holdings, Inc. is the parent company to Trans Union LLC, and TransUnion is an other affiliate of the Defendant. Counsel is to refile the disclosure and build those relationships into the filing. (nms) |
| Filing 8 MOTION to Dismiss - filed by TransUnion, LLC. (Attachments: #2 Certificate of Service)(Hope, Andrew) Modified on 3/26/2025 (nms). |
| Filing 6 NOTICE of Appearance by Andrew Hope on behalf of TransUnion, LLC (Attachments: #1 Certificate of Service)(Hope, Andrew) |
| Filing 5 MOTION for More Definite Statement - filed by Navy Federal Credit Union. (Attachments: #1 Text of Proposed Order)(Wheatley, Emily) |
| Filing 4 Local Counsel Letter sent to Attorney(s) Jamie K. Combs, Christine Kapur, and Jonathan B. Bass. Notice of Compliance deadline set for 4/18/2025. (cdd) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Navy Federal Credit Union. (Wheatley, Emily) |
| DEFICIENCY NOTICE issued by the Court to Defendants: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (cdd) |
| CORRECTING ENTRY: 7.1 Deficiency Notice amended to reflect Defendants instead of Plaintiff. (cdd) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (cdd) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from Justice of the Peace Court of the State of Delaware for New Castle County, Court No. 13, Case Number JP13-25-001594 (Filing fee $405, receipt number ADEDC-4639683)- filed by Navy Federal Credit Union. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Civil Cover Sheet)(cdd) Modified on 3/19/2025 (nms). |
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