Cehi v. Capital One Bank (USA), N.A. et al
| Mary Sue Cehi |
| Capital One Bank (USA), N.A., Trans Union, LLC, Equifax Information Services, LLC and Experian Information Solutions, Inc. |
| Gregory P. Holder |
| 8:2022cv00433 |
| February 22, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 7, 2022. A more recent docket listing may be available from PACER.
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Filing 26
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #25), this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement because such failure to perform should be addressed in a separate breach of contract action. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 4/7/2022. (DMD)
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| Filing 25 NOTICE of settlement Pending by Mary Sue Cehi. (Diamond, Kaelyn) |
| Filing 24 NOTICE of Lead Counsel Designation by Michael D. Starks on behalf of Capital One Bank (USA), N.A. Lead Counsel: Michael D. Starks, Esq. (Starks, Michael) |
| Filing 23 ANSWER and affirmative defenses to Complaint by Experian Information Solutions, Inc.(Morgado, Sarah) |
| Filing 22 ANSWER and affirmative defenses to Complaint by Equifax Information Services, LLC.(Joffe, Jason) |
| Filing 21 ANSWER and affirmative defenses to Complaint by Trans Union, LLC.(Epps, Alexandria) |
| Filing 20 ANSWER and affirmative defenses to Complaint by Capital One Bank (USA), N.A.(Kemp-Gerstel, Andrew) |
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Filing 19
ORDER appointing Gregory Holder as mediator in this action. The mediation conference is scheduled for June 13, 2022, at 9:00 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. Signed by Judge Virginia M. Hernandez Covington on 3/16/2022. (DMD)
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Filing 18
ENDORSED ORDER denying the joint motion to mediate via Zoom. (Doc. #16). Given the availability of vaccinations, in-person mediations can be safely conducted with proper precautions in place, such as social distancing and the wearing of masks. The Court firmly believes that in-person mediations are more productive than video mediations, and finds in-person mediation appropriate absent truly exigent circumstances, such as serious health issues. If the parties have such health issues, they may file supporting documentation in camera in a renewed motion. If the Court then permits the mediation to be conducted remotely due to such health issues, the Court will reserve the right to order another round of in-person mediation if the remote mediation is not successful. Signed by Judge Virginia M. Hernandez Covington on 3/16/2022. (DMD)
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| Filing 17 NOTICE of mediation conference/hearing to be held on June 13, 2022 at 9:00 a.m. before Gregory Holder, Esq. (Diamond, Kaelyn) |
| Filing 16 Joint MOTION to appear telephonically via Zoom by All Defendants. (Kemp-Gerstel, Andrew) |
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Filing 15
SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Gregory P. Holder, Esq., for mediation. The parties must mediate no later than June 29, 2022. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by 3/15/2022. Neither party may reschedule or cancel the mediation conference once it is set; leave of Court must be obtained before the mediation conference may be rescheduled or cancelled. The parties shall not mediate until the information exchange outlined in the Scheduling Order is completed. Absent compelling circumstances and leave of Court, lead counsel must appear at the mediation conference. Lead Counsel shall file a notice informing the Court as to the results of mediation within 24 hours of the mediation conference. In the event mediation results in an impasse, the parties must file their jointly-prepared fast-track case management report within 24 hours of the mediation conference. Upon review of the jointly-prepared case management report, the Court will determine whether a case management hearing is necessary. If a case management hearing is necessitated, the Court will set the hearing by separate notice. Furthermore, if mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 3/10/2022. (MEJ)
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| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Mary Sue Cehi. (Diamond, Kaelyn) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Mary Sue Cehi. Related case(s): Yes (Diamond, Kaelyn) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Equifax Information Services, LLC. Related case(s): No (Joffe, Jason) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Equifax Information Services, LLC identifying Corporate Parent Equifax Inc. for Equifax Information Services, LLC. (Joffe, Jason) |
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Filing 10
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the complaint. (Doc. #7). Defendants' responses to the complaint now due March 21, 2022. Signed by Judge Virginia M. Hernandez Covington on 2/25/2022. (DMD)
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| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Trans Union, LLC identifying Corporate Parent TransUnion, Corporate Parent Trans Union Intermediate Holdings, Inc., Other Affiliate T. Rowe Price Group, Inc. for Trans Union, LLC. (Epps, Alexandria) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Trans Union, LLC. Related case(s): No (Epps, Alexandria) |
| Filing 7 Joint MOTION for Extension of Time to File Answer re #1 Notice of Removal or Otherwise Respond by Trans Union, LLC. (Epps, Alexandria) |
| Filing 6 NOTICE of Appearance by Michael D. Starks on behalf of Capital One Bank (USA), N.A. (Starks, Michael) |
| Filing 5 NOTICE of Appearance by Andrew Kemp-Gerstel on behalf of Capital One Bank (USA), N.A. (Kemp-Gerstel, Andrew) |
| Filing 4 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:22-cv-0433-VMC-AEP. (SJB) |
| Filing 3 NOTICE of a related action per Local Rule 1.07(c) by Experian Information Solutions, Inc.. Related case(s): No (Eloi, Monique) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Experian Information Solutions, Inc. identifying Corporate Parent Experian plc, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC, Other Affiliate Opt-Out Services LLC for Experian Information Solutions, Inc.. (Eloi, Monique) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Pasco County Circuit Court, case number 512021CA003003CAAXWS filed in State Court on December 30, 2021. Filing fee $ 402, receipt number AFLMDC-19261734 filed by Experian Information Solutions, Inc. (Attachments: #1 State Court Complaint, #2 State Court Other Documents, #3 Exhibit Capital One Bank (USA), N.A. - Consent to Removal, #4 Exhibit Trans Union, LLC - Consent to Removal, #5 Exhibit Equifax Information Services, LLC - Consent to Removal, #6 Civil Cover Sheet)(Eloi, Monique) Modified on 2/23/2022 to correct docket text (BD). |
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