Herrera v. TD Bank, N.A.
Plaintiff: Alba Herrera
Defendant: TD Bank, N.A.
Case Number: 1:2022cv22838
Filed: September 6, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Chris M McAliley
Referring Judge: Kathleen M Williams
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1681 Fair Credit Reporting Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 4, 2022 Filing 27 Defendant's MOTION to Dismiss #1 Complaint, Defendant TD Bank, N.A.'s Motion to Dismiss the Complaint and Incorporated Memorandum of Law by TD Bank, N.A.. Responses due by 11/18/2022 (Homer, Peter)
October 31, 2022 Opinion or Order Filing 26 ORDER granting #24 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Alexandra Hiatt. Signed by Magistrate Judge Chris M. McAliley on 10/31/2022. See attached document for full details. (rr00)
October 31, 2022 Opinion or Order Filing 25 ORDER granting #19 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Noah Levine. Signed by Magistrate Judge Chris M. McAliley on 10/31/2022. See attached document for full details. (rr00)
October 31, 2022 Filing 24 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alexandra Hiatt. Pay.gov Agency Tracking ID FLSDC-16060460. Filing Fee $ 200.00 by TD Bank, N.A.. Responses due by 11/14/2022 (Homer, Peter)
October 31, 2022 Filing 23 NOTICE of Striking #DE 21 by TD Bank, N.A. (Homer, Peter)
October 28, 2022 Filing 22 Clerk's Notice to Filer re #21 Motion to Amend/Correct. Wrong Event Selected - Document is a Motion to Appear Pro Hac Vice; CORRECTIVE ACTION REQUIRED - The Filer must file a Notice of Striking, then file the Motion to Appear Pro Hac Vice along with the applicable filing fee as required in the CM/ECF Administrative Procedures. (cds)
October 28, 2022 Filing 21 (STRICKEN PER DE#23) MOTION to Amend/Correct Motion to Appear Pro Hac Vice for Alexandra Hiatt by TD Bank, N.A by TD Bank, N.A.. Responses due by 11/14/2022 (Homer, Peter) Text Modified on 11/1/2022 (scn).
October 28, 2022 Filing 20 NOTICE of Striking #18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alexandra Hiatt. Filing Fee $ 200.00 Receipt # AFLSDC-16060460 filed by TD Bank, N.A. by TD Bank, N.A. (Homer, Peter)
October 28, 2022 Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Noah Levine. Filing Fee $ 200.00 Receipt # AFLSDC-16060579 by TD Bank, N.A.. Responses due by 11/14/2022 (Homer, Peter)
October 28, 2022 Filing 18 (STRICKEN PER DE#20 ) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alexandra Hiatt. Filing Fee $ 200.00 Receipt # AFLSDC-16060460 by TD Bank, N.A.. Responses due by 11/14/2022 (Homer, Peter) Modified Text on 10/28/2022 (cds).
October 13, 2022 Filing 17 Certificate of Other Affiliates/Corporate Disclosure Statement by TD Bank, N.A. identifying Corporate Parent TD Bank US Holding Company, a Delaware corporation, Other Affiliate TD Group US Holdings LLC, a Delaware limited liability company, Other Affiliate The Toronto-Dominion Bank, a Canadian-chartered bank for TD Bank, N.A. (Homer, Peter)
October 7, 2022 Filing 16 Clerk's Notice to Filer re #15 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. WilmerHale, counsel for Defendant, Noah Levine, Esq., counsel for Defendant, and Alexandra Hiatt, Esq., counsel for Defendant. (cds)
October 6, 2022 Filing 15 Defendant's Corporate Disclosure Statement by TD Bank, N.A. identifying Corporate Parent TD Bank US Holding Company for TD Bank, N.A. (Homer, Peter)
September 28, 2022 Opinion or Order Filing 14 PAPERLESS ORDER. Defendant, TD Bank, N.A., filed an #13 Unopposed Motion for Enlargement of Time to Respond to Class Action Complaint. For good cause shown, the Court hereby GRANTS Defendant's Unopposed Motion. Defendant shall file its response to the Complaint no later than November 4, 2022. Signed by Magistrate Judge Chris M. McAliley on 9/28/2022. (rr00)
September 27, 2022 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by TD Bank, N.A.. Attorney Peter W. Homer added to party TD Bank, N.A.(pty:dft). (Homer, Peter)
September 26, 2022 Opinion or Order Filing 12 ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lisa M. La Fornara. Signed by Magistrate Judge Chris M. McAliley on 9/26/2022. See attached document for full details. (rr00)
September 26, 2022 Opinion or Order Filing 11 ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Amina A. Thomas. Signed by Magistrate Judge Chris M. McAliley on 9/26/2022. See attached document for full details. (rr00)
September 23, 2022 Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lisa M. La Fornara. Filing Fee $ 200.00 Receipt # AFLSDC-15972279 by Alba Herrera. Responses due by 10/7/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Streisfeld, Jonathan)
September 23, 2022 Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Amina A. Thomas. Filing Fee $ 200.00 Receipt # AFLSDC-15972265 by Alba Herrera. Responses due by 10/7/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Streisfeld, Jonathan)
September 13, 2022 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alba Herrera. TD Bank, N.A. served on 9/9/2022, response/answer due 9/30/2022. (Streisfeld, Jonathan)
September 13, 2022 Opinion or Order Filing 7 ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lynn A. Toops. Signed by Magistrate Judge Chris M. McAliley on 9/13/2022. See attached document for full details. (rr00)
September 12, 2022 Opinion or Order Filing 6 ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES, ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for Pretrial Non-Dispositive Matters. Motions referred to Judge Chris M. McAliley. Signed by Judge Kathleen M. Williams on 9/12/2022. See attached document for full details. (swr)
September 9, 2022 Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lynn A. Toops. Filing Fee $ 200.00 Receipt # AFLSDC-15936946 by Alba Herrera. Responses due by 9/23/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Streisfeld, Jonathan)
September 8, 2022 Filing 4 Bar Letter re: Admissions sent to attorneys Lynn A. Toops, Amina A. Thomas and Lisa M. La Fornara, mailing date September 8, 2022. (cw)
September 7, 2022 Filing 3 Summons Issued as to TD Bank, N.A. (drz)
September 6, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz)
September 6, 2022 Filing 1 COMPLAINT Class Action Complaint against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15927775, filed by Alba Herrera. (Attachments: #1 Exhibit A-TD Bank Corporate Profile, #2 Exhibit B-Open A Checking Account Online in Minutes, #3 Exhibit C-2022.06.14 Letter to OCC, #4 Exhibit D-New TD Bank Accounts, #5 Civil Cover Sheet, #6 Summon(s))(Ostrow, Jeffrey)

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Plaintiff: Alba Herrera
Represented By: Jeffrey Miles Ostrow
Represented By: Jonathan Marc Streisfeld
Represented By: Lynn A. Toops
Represented By: Amina A. Thomas
Represented By: Lisa M. La Fornara
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Defendant: TD Bank, N.A.
Represented By: Peter W. Homer
Represented By: Alexandra Hiatt
Represented By: Noah Levine
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