OLIVER v. SANTANDER CONSUMER USA INCORPORATED et al
| ANTHONY OLIVER and ANTHONY OLIVER RESTRICTED - CHECK FILER STATUS |
| SANTANDER CONSUMER USA INCORPORATED, UNKNOWN PARTIES, EXPERIAN INFORMATION SOLUTIONS INCORPORATED, EQUIFAX INFORMATION SERVICES LLC and TRANSUNION LLC |
| 5:2023cv00035 |
| January 27, 2023 |
| US District Court for the Middle District of Georgia |
| STEPHEN HYLES |
| TILMAN E SELF |
| Consumer Credit |
| 28 U.S.C. § 1441 Petition for Removal - Fair Credit Reporti |
| Plaintiff |
Docket Report
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| Filing 59 Mail Returned- #57 Order of Transfer sent to Anthony Oliver returned as undeliverable. (vs) |
| Filing 58 Acknowledgment of Electronic Case Transfer Out by District of Southern Georgia; Case Number MC421-6. (vs) |
Filing 57
ORDER OF TRANSFER transferring proceedings to the U.S. District Court for the Southern District of Georgia. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 02/28/2023. (vs)
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| Case Electronically Transferred Out - District Transfer to Southern District of Georgia. All documents, including a certified copy of the docket sheet and pleading were transferred electronically. **The Notice of Electronic Filing serves as certification for these transferred documents.**Case Transfer Acknowledgment deadline 3/14/2023. (vs) |
| Filing 56 MOTION for Extension of Time to File RESPONSE as to #43 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11, MOTION to Produce copy of motion(, ) Filed by ANTHONY OLIVER RESTRICTED - CHECK FILER STATUS. (Attachments: #1 Exhibit A - mail log, #2 Cover Letter, #3 Envelope)(tlf) |
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Filing 55
ORDER The Court honors the prior courts extension; therefore, Plaintiff must file any response to Defendants Motion for Sanctions on or before March 8, 2023 re #43 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 filed by SANTANDER CONSUMER USA INCORPORATED. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 2/10/2023. (ggs)
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| NOTICE TO COUNSEL JAMES PAUL ACOSTA - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. PLEASE BE ADVISED you will not receive electronic notification of electronic filings until you comply with the admissions requirements.(ggs) |
| US MAGISTRATE JUDGE STEPHEN HYLES no longer assigned to case. (ggs) |
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Filing 54
ORDER REFERRING CASE to Magistrate Judge Hyles issued at the direction of the Court (tlf).
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| Filing 53 Case transferred in District Transfer from District of Arizona; Case Number 4:22-cv-00475. Original file certified copy of transfer order and docket sheet received. **The Notice of Electronic Filing serves as certification for these transferred documents.** |
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Filing 52
ORDERED Pursuant to Plaintiff's Notices of Dismissal (Docs. 28, 45), Defendant EQUIFAX is DISMISSED WITHOUT PREJUDICE and Defendant EXPERIAN is DISMISSED WITH PREJUDICE. Plaintiff's Notice of Dismissal without Prejudice as to TransUnion, LLC is GRANTED IN PART. (Doc. #46 .) Defendant TRANSUNION is DISMISSED WITH PREJUDICE. Defendant Experian's Motion to Dismiss for Lack of Jurisdiction is DENIED AS MOOT. (Doc. #23 .) Plaintiff's Notice of Motion and Motion for Expedited Discovery and Entry of Scheduling Order is DENIED. (Doc. #29 .) Plaintiff's Motion to Strike Defendant TransUnion LLC's Answer; Sanctions and to Disqualify Counsel for TransUnion is DENIED. (Doc. #30 .) Plaintiff's Motion for Service by the United States Marshals Service is DENIED as MOOT. (Doc. #34 .) Plaintiff's Motion for Extension of Time to File a Response to Santander's Motion for Sanctions is GRANTED. (Doc. #47 .) Plaintiff may file a response to the motion for sanctions on or before March 8, 2023. Plaintiff's Notice of Motion and Motion to Transfer Venue is GRANTED. (Doc. #32 .) The Clerk of Court shall transfer this matter to the Middle District of Georgia. Signed by Senior Judge Raner C Collins on 1/27/23. (MYE) [Transferred from azd on 1/27/2023.]
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| Filing 51 REPLY to Response to Motion re: #32 MOTION to Transfer Venue to the Middle District of Georgia; Memorandum of Points and Authorities filed by Anthony Oliver. (4 pages) (MYE) [Transferred from azd on 1/27/2023.] |
| Filing 50 REPLY to Response to Motion re: #30 MOTION to Strike #22 Defendant TranUnion LLC's Answer; Sanctions and to Disqualify Counsel for TransUnion LLC; Memorandum of Points and Authorities filed by Anthony Oliver. (3 pages) (MYE) [Transferred from azd on 1/27/2023.] |
| Filing 49 REPLY to Response to Motion re: #29 MOTION to Expedite Discovery and Entry of Scheduling Order filed by Anthony Oliver. (3 pages) (MYE) [Transferred from azd on 1/27/2023.] |
| Filing 48 RESPONSE to Motion re: #46 MOTION to Dismiss Party TransUnion LLC filed by TransUnion LLC. (Attachments: #1 Proposed Order)(Acosta, James) [Transferred from azd on 1/27/2023.] |
| Filing 47 MOTION for Extension of Time to File Response (titled: Plaintiff's Administrative Motion for Extension of Time) re: #43 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 by Anthony Oliver. (4 pages) (MYE) [Transferred from azd on 1/27/2023.] |
| Filing 46 MOTION to Dismiss Party TransUnion LLC (titled: Notice of Dismissal Without Prejudice as to TransUnion LLC) by Anthony Oliver. (2 pages) (MYE) [Transferred from azd on 1/27/2023.] |
| Filing 45 AMENDED NOTICE of Dismissal as to Experian Information Solutions Incorporated by Anthony Oliver. (2 pages) (MYE) [Transferred from azd on 1/27/2023.] |
| Filing 44 RESPONSE to Motion re: #30 MOTION to Strike #22 Answer to Amended Complaint filed by TransUnion LLC. (Attachments: #1 Exhibit Declaration of James Acosta)(Acosta, James) [Transferred from azd on 1/27/2023.] |
| Filing 43 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 by Santander Consumer USA Incorporated. (Hafen, Tyson) [Transferred from azd on 1/27/2023.] |
| Filing 42 SERVICE EXECUTED: USMS Process Receipt and Return re: Summons, Orders and First Amended Complaint upon Santander Consumer USA Incorporated on 1/06/2023. (REK) [Transferred from azd on 1/27/2023.] |
| Filing 41 RESPONSE to Motion re: #32 MOTION to Change Venue/Transfer Case to Middle District of Georgia filed by Santander Consumer USA Incorporated. (Hafen, Tyson) [Transferred from azd on 1/27/2023.] |
| Filing 40 RESPONSE in Opposition re: #29 MOTION to Expedite Discovery and Entry of Scheduling Order filed by Santander Consumer USA Incorporated. (Hafen, Tyson) [Transferred from azd on 1/27/2023.] |
| Filing 39 RESPONSE re: #33 Declaration by Defendant Experian Information Solutions Incorporated. (Nocharli, Rebecca) [Transferred from azd on 1/27/2023.] |
| Filing 38 RESPONSE in Opposition re: #32 MOTION to Change Venue/Transfer Case to Middle District of Georgia filed by Experian Information Solutions Incorporated. (Nocharli, Rebecca) [Transferred from azd on 1/27/2023.] |
| Filing 37 REPLY to Response to Motion re: #23 MOTION to Dismiss for Lack of Jurisdiction filed by Experian Information Solutions Incorporated. (Nocharli, Rebecca) [Transferred from azd on 1/27/2023.] |
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Filing 36
ORDER granting #35 Motion for Extension of Time. IT IS ORDERED that Trans Union shall have through and including January 17, 2023, to respond to Plaintiff's Motion to Strike Its Answer; Sanctions and to Disqualify Counsel for TransUnion, LLC. Signed by Senior Judge Raner C Collins on 1/10/23. (MYE) [Transferred from azd on 1/27/2023.]
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| Filing 35 MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Strike #22 Answer to Amended Complaint by TransUnion LLC. (Attachments: #1 Proposed Order)(Acosta, James) [Transferred from azd on 1/27/2023.] |
| Filing 34 MOTION for Service by the United States Marshals Service; Memorandum of Points and Authorities in Support Thereof by Anthony Oliver. (6 pages) (JAM) [Transferred from azd on 1/27/2023.] |
| Filing 33 DECLARATION of Plaintiff by Plaintiff Anthony Oliver. (4 pages) (JAM) [Transferred from azd on 1/27/2023.] |
| Filing 32 NOTICE of Motion and MOTION to Transfer Venue to the Middle District of Georgia by Anthony Oliver. (12 pages) (JAM) [Transferred from azd on 1/27/2023.] |
| Filing 31 NOTICE OF PARTY'S CHANGE OF ADDRESS by Anthony Oliver: #1002060648, WILCOX STATE PRISON, 470 SOUTH BROAD STREET, ABBEVILLE, GA 31001. (2 pages) (Attachments: #1 Envelope)(JAM) [Transferred from azd on 1/27/2023.] |
| Filing 30 Plaintiff's MOTION to Strike #22 Defendant TranUnion LLC's Answer to Amended Complaint; Sanctions and to Disqualify Counsel for TransUnion LLC; Memorandum of Points and Authorities in Support by Anthony Oliver. (13 pages) (SCA) [Transferred from azd on 1/27/2023.] |
| Filing 29 Plaintiff's Notice of Motion and MOTION for Expedited Discovery and Entry of Scheduling Order; Memorandum of Points and Authorities in Support Thereof by Anthony Oliver. (11 pages) (SCA) [Transferred from azd on 1/27/2023.] |
| Filing 28 NOTICE of Dismissal Without Prejudice by Anthony Oliver as to Equifax Information Services LLC. (2 pages) (SCA) [Transferred from azd on 1/27/2023.] |
| Filing 27 ANSWER to #21 Amended Complaint by Santander Consumer USA Incorporated.(Hafen, Tyson) [Transferred from azd on 1/27/2023.] |
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Filing 26
ORDERED GRANTING Defendant Santander Consumer USA Inc.'s #24 Motion for Extension of time to Respond to Plaintiff's Second Amended Complaint. Defendant Santander may file a response to the Second Amended Complaint on or before December 23, 2022. Signed by Senior Judge Raner C Collins on 12/20/22. (MYE) [Transferred from azd on 1/27/2023.]
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Filing 25
ORDERED Plaintiff must file a response to Defendant's Motion to Dismiss (Doc. #23 ), together with copies of grievances, sworn declarations or other admissible evidence, no later than fourteen (14) days from the date of this Order. Defendants may file a reply on or before seven (7) days after service of Plaintiff's response. The Motion to Dismiss will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Senior Judge Raner C Collins on 12/20/22. (MYE) [Transferred from azd on 1/27/2023.]
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| Filing 24 *MOTION for Extension of Time to File Answer as to #21 Amended Complaint by Santander Consumer USA Incorporated. (Hafen, Tyson) *Modified to correct motion type on 12/20/2022 (MYE). [Transferred from azd on 1/27/2023.] |
| Filing 23 *MOTION to Dismiss for Lack of Jurisdiction by Experian Information Solutions Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nocharli, Rebecca) *Modified to remove motion type on 12/20/2022 (MYE). [Transferred from azd on 1/27/2023.] |
| Filing 22 ANSWER to #21 Amended Complaint by TransUnion LLC.(Acosta, James) [Transferred from azd on 1/27/2023.] |
| Filing 21 SECOND AMENDED COMPLAINT against Equifax Information Services LLC, Experian Information Solutions Incorporated, Santander Consumer USA Incorporated, TransUnion LLC filed by Anthony Oliver. (48 pages)(MYE) [Transferred from azd on 1/27/2023.] |
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Filing 20
ORDERED Plaintiff's Notice of Motion and Motion for Leave to File Second Amended Complaint for Damages, Declaratory, and Injunctive Relief is GRANTED. (Doc. #14 .) IT IS FURTHER ORDERED Plaintiff's Notice of Motion and Motion for Appointment of Counsel is DENIED without prejudice. (Doc. #15 .) Signed by Senior Judge Raner C Collins on 12/5/22. (MYE) [Transferred from azd on 1/27/2023.]
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Filing 19
ORDER (Service Packet): GRANTING Plaintiff Anthony Oliver's Administrative Motion for Extension of Time. (Doc. #17 ). The Clerk of Court must send Plaintiff a service packet including the First Amended Complaint (Doc. 1-3 at 43-80), the Court's Screening Order (Doc. 12), this Order, and both summons and request for waiver forms for Defendants Santander and Equifax. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and First Amended Complaint on a Defendant within 90 days of the filing of the Notice of Removal or within 60 days of the filing of this Order, whichever is later, the action may be dismissed as to each Defendant not served. Defendants must answer the First Amended Complaint or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. Signed by Senior Judge Raner C Collins on 11/28/22. (See attached Order for complete details.)(MYE) [Transferred from azd on 1/27/2023.]
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| Filing 18 NOTICE of Party Dismissal (Dismissal Without Prejudice as to Defendant Experian Information Solutions Incorporated) by Anthony Oliver. (2 pages) (MYE) [Transferred from azd on 1/27/2023.] |
| Filing 17 Administrative MOTION for Extension of Time by Anthony Oliver. (3 pages) (MYE) [Transferred from azd on 1/27/2023.] |
| Filing 16 NOTICE OF PARTY'S CHANGE OF ADDRESS by Anthony Oliver: #1002060648, Coffee Correctional Facility, PO Box 650, Nicholls, Georgia 31554. (2 pages) (Attachments: #1 Envelope)(MYE) [Transferred from azd on 1/27/2023.] |
| Filing 15 NOTICE of Motion and MOTION for Appointment of Counsel by Anthony Oliver. (8 pages) (MYE) [Transferred from azd on 1/27/2023.] |
| Filing 14 NOTICE of Motion and MOTION for Leave to File Second Amended Complaint for Damages, Declaratory, and Injunctive Relief by Anthony Oliver. (59 pages) (Attachments: #1 Exhibit A)(MYE) [Transferred from azd on 1/27/2023.] |
| Filing 13 NOTICE OF PARTY'S CHANGE OF ADDRESS by Anthony Oliver: #1002060648, Coffee Correctional Facility, PO Box 650, Nicholls, Georgia 31554. (2 pages) (Attachments: #1 Envelope)(MYE) [Transferred from azd on 1/27/2023.] |
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Filing 12
ORDER (Service Packet): Defendant Santander must answer Counts One, Two, Three, Four, and Six. Defendants Experian, Equifax, and TransUnion must answer Counts One and Five. Previously Served Defendants must answer the First Amended Complaint or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 81(c)(2) of the Federal Rules of Civil Procedure or within 30 days of the filing of this Order, whichever is later. The Clerk of Court must send Plaintiff a service packet including the First Amended Complaint (Doc. 1-3 at 43-80), this Order, and both summons and request for waiver forms for Defendants Santander and Equifax. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The United States Marshal will not provide service of process if Plaintiff fails to comply with this Order. Signed by Senior Judge Raner C Collins on 11/10/22. (See attached Order for complete details)(JAM) [Transferred from azd on 1/27/2023.]
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| Summons Issued in person at the customer service intake counter as to Equifax Information Services LLC. (SCA) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. [Transferred from azd on 1/27/2023.] |
| Filing 11 NOTICE of Interested Parties (titled as: Plaintiff's First Amended Complaint for Damages, Declaratory and Injunctive Relief) by Anthony Oliver. (3 pages) (Attachments: #1 Exhibit)(MYE) [Transferred from azd on 1/27/2023.] |
| Filing 10 Corporate Disclosure Statement by Santander Consumer USA Incorporated identifying Other Affiliate Santander Holdings USA, Inc. for Santander Consumer USA Incorporated. (Hafen, Tyson) [Transferred from azd on 1/27/2023.] |
| Filing 9 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Emily Gildar Wagner. (Wagner, Emily) [Transferred from azd on 1/27/2023.] |
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Filing 8
ORDERED GRANTING Defendant Experian Information Solutions, Inc.'s Motion for Extension of Time. (Doc. #4 .) The deadline for Experian to answer Plaintiff's complaint is extended to on or before November 16, 2022. Signed by Senior Judge Raner C Collins on 10/17/22. (MYE) [Transferred from azd on 1/27/2023.]
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| Filing 7 Corporate Disclosure Statement by TransUnion LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion, Other Affiliate New Horizons Fund, Other Affiliate T. Rowe Price Group, Inc. for TransUnion LLC. (Acosta, James) [Transferred from azd on 1/27/2023.] |
| Filing 6 ANSWER to #1 Notice of Removal, Plaintiff's First Amended Complaint by TransUnion LLC.(Acosta, James) [Transferred from azd on 1/27/2023.] |
| Filing 5 NOTICE of Appearance by Tyson Eugene Hafen on behalf of Santander Consumer USA Incorporated. (Hafen, Tyson) [Transferred from azd on 1/27/2023.] |
| Filing 4 MOTION for Extension of Time to File Answer re: #1 Notice of Removal, (First Request) by Experian Information Solutions Incorporated. (Wagner, Emily) [Transferred from azd on 1/27/2023.] |
| Filing 3 NOTICE OF ASSIGNMENT (ARC) [Transferred from azd on 1/27/2023.] |
| Filing 2 Corporate Disclosure Statement by Experian Information Solutions Incorporated. (Wagner, Emily) (ARC) [Transferred from azd on 1/27/2023.] |
| Filing 1 NOTICE OF REMOVAL from Pima County Superior Court, case number C20223184. Filing fee received: $ 402.00, receipt number AAZDC-21188716 filed by Experian Information Solutions Incorporated. (Wagner, Emily) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(ARC) [Transferred from azd on 1/27/2023.] |
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