Silva v. Equifax, Inc.
| Raymond K. Silva |
| Equifax Inc |
| 1:2019cv05680 |
| December 18, 2019 |
| US District Court for the Northern District of Georgia |
| Thomas W Thrash |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Clerk's Certificate of Mailing as to Raymond K. Silva and Stuart T. Feeley re #30 Order (anc) |
Filing 30
ORDER denying #21 Motion for Summary Judgment and closing case administratively. Signed by Judge Thomas W. Thrash, Jr. on 1/2/2020. (anc)
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| Civil Case Terminated. (anc) |
| Filing 29 Case transferred in from District of Hawaii; Case Number 1:19-cv-00263. Original file certified copy of transfer order and docket sheet received. |
| Filing 28 (CERTIFIED) CONDITIONAL TRANSFER ORDER (CTO-55), MDL NO. 2800, received from the Northern District of Georgia. (emt, ) [Transferred from Hawaii on 12/18/2019.] |
| Submission of #21 MOTION for Summary Judgment, to District Judge Thomas W. Thrash Jr.. (aar) |
| Filing 27 EO: In light of the #26 Entering Order Imposing Stay, the Status Conference set for 12/13/2019 is hereby VACATED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.] |
| Filing 26 EO: COURT ORDER IMPOSING STAY.On November 29, 2019, Defendant Equifax, Inc., (Defendant) filed its Motion for Immediate Stay, or in the Alternative, for an Extension of time to Respond to Complaint ("Motion"). [Dkt. no. #23 .] Based on the representations in the Motion, this Court HEREBY STAYS all of pro se Plaintiff Raymond Silva's ("Plaintiff") claims against Defendant. The Court emphasizes that the stay neither affects nor changes the filing date of this litigation in terms of the statute of limitations or for any other purpose. (JUDGE LESLIE E. KOBAYASHI) (afe)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.] |
| Filing 25 TEXT ENTRY ORDER re #24 (UNCERTIFIED) CONDITIONAL TRANSFER ORDER (CTO-55), MDL 2800, Signed by John W. Nichols, Clerk of the Panel. The 7-day period has now elapsed, no opposition was received, and the order is directed to the Clerk of the United States District Court for the N.D. Georgia for filing. The Panel governing statute, 28 U.S.C. 1407, requires that the transferee clerk transmit a certified copy of the Panel order to transfer to the clerk of the district court from which the action is being transferred. (emt, ) [Transferred from Hawaii on 12/18/2019.] |
| Filing 24 (UNCERTIFIED) CONDITIONAL TRANSFER ORDER (CTO-55), MDL 2800, Signed by John W. Nichols, Clerk of the Panel. Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Northern District of Georgia for the reasons stated in the order of December 6, 2017, and, with the consent of that court, assigned to the Honorable Thomas W. Thrash, Jr. This order does not become effective until it is filed in the Office of the Clerk of the United States District Co mt for the Northern District of Georgia. The transmittal of this order to said Clerk shall be stayed 7 days from the entry thereof. If any party files a notice of opposition with the Clerk of the Panel within this 7- day period, the stay will be continued until further order of the Panel. (emt, ) [Transferred from Hawaii on 12/18/2019.] |
| Filing 23 MOTION to Stay or, In the Alternative, for an Extension of Time to Respond to Complaint Stuart T. Feeley appearing for Defendant Equifax, Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Certificate of Service COS)(Feeley, Stuart) [Transferred from Hawaii on 12/18/2019.] |
| Filing 22 NOTICE of Hearing on Motion #21 MOTION for Summary Judgment. Motion Hearing is set for 1/24/2020 10:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (afe)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.] |
| Filing 21 Plaintiff's MOTION for Summary Judgment - by Plaintiff Raymond K. Silva. (Attachments: #1 Memorandum, #2 Certificate of Service, #3 Mailing Documentation) (emt, ) [Transferred from Hawaii on 12/18/2019.] |
| COURT'S CERTIFICATE of Service - a copy of #20 Status Conference Minutes and Pro Se Packet at the email address was emailed on 11/15/2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (bbb) [Transferred from Hawaii on 12/18/2019.] |
| Filing 20 EP: RULE 16 SCHEDULING CONFERENCE not held.Discussion held.Counsel Stuart Feeley appearing on behalf of Defendant Equifax, Inc.Court to email Mr. Silva a Pro Se Packet at the email address provided.Further Status Conference is set for December 13, 2019 at 9:30 a.m. before Magistrate Judge Kenneth J. Mansfield.(FTR-Ctrm C6 9:26 - 9:50.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.] |
| Filing 19 EO: COURT ORDER DENYING AS PREMATURE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, FILED OCTOBER 7, 2019 (JUDGE LESLIE E. KOBAYASHI)(rls, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.] |
| Filing 18 EO: In light of the #16 Plaintiff's MOTION for Summary Judgment, the Rule 16 Scheduling Conference previously set for 10/15/2019 IS CONTINUED TO 11/13/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 11/06/2019. Plaintiff Raymond K. Silva notified via telephone. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.] |
| Filing 17 Summons Issued as to Equifax, Inc. (emt, ) Modified on 10/8/2019 Copies of the issued summons returned to Plaintiff Raymond Silva by First Class Mail to the address of record on October 8, 2019. (emt, ) (Additional attachment(s) added on 10/8/2019: #1 Mailing Documentation) (emt, ). [Transferred from Hawaii on 12/18/2019.] |
| Filing 16 Plaintiffs' MOTION for Summary Judgment; (Certificate of Service) - by Plaintiff Raymond K. Silva. (Attachments: #1 Memorandum in Support, #2 Mailing Documentation) (emt, ) [Transferred from Hawaii on 12/18/2019.] |
| Filing 15 Filing fee: $ 400.00,receipt number HI027352 by Raymond K. Silva on 09/30/2019. (apg, ) [Transferred from Hawaii on 12/18/2019.] |
| Filing 14 EO: COURT ORDER DENYING AS PREMATURE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. (JUDGE LESLIE E. KOBAYASHI)(tl, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.] |
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Filing 13
ORDER Denying Plaintiff's Application To Proceed In District Court Without Repaying Fees Or Costs re #7 .On the basis of the foregoing, Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, filed August 26, 2019, is HEREBY DENIED. Plaintiff is therefore ORDERED to pay the filing fee by October 4, 2019. Plaintiff is CAUTIONED that, if he fails to pay the filing fee, this action will be automatically dismissed on October 9, 2019. Signed by JUDGE LESLIE E. KOBAYASHI on 9/5/2019. (cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.]
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Filing 12
ORDER DENYING Plaintiff's Application To Proceed In District Court Without Repaying Fees or Costs re #7 .On the basis of the foregoing, Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, filed August 26, 2019, is HEREBY DENIED. Plaintiff is therefore ORDERED to pay the filing fee by October 4, 2019. Plaintiff is CAUTIONED that, if he fails to pay the filing fee, this action will be automatically dismissed on October 9, 2019. Signed by JUDGE LESLIE E. KOBAYASHI on 9/5/2019. (cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 9/5/2019 to strike docket text(cib). [Transferred from Hawaii on 12/18/2019.]
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| COURT'S CERTIFICATE of Service - a copy of #12 Order on Motion for Leave to Proceed in forma pauperis, has been served by First Class Mail to the addresses of record on Raymond K. Silva. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) [Transferred from Hawaii on 12/18/2019.] |
| ADVISORY ENTRY. The entry docket number #12 Order on Motion for Leave to Proceed In Forma Pauperis, was filed incorrectly in this case. Docket entry number #12 will be stricken from the record. (cib) [Transferred from Hawaii on 12/18/2019.] |
| COURT'S CERTIFICATE of Service - a copy of #13 Order, has been served by First Class Mail to the addresses of record on Raymond Kealoha Silva. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) [Transferred from Hawaii on 12/18/2019.] |
| Filing 11 EO: In light of the #7 Amended MOTION for Leave to Proceed in forma pauperis, the Court CONTINUES the Rule 16 Scheduling Conference previously set for 09/10/2019 TO 10/15/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD, pending the ruling of the IFP. Scheduling Conference Statements are due by 10/08/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.] |
| Filing 10 ORIGINAL SIGNATURE of Plaintiff Raymond Kealoha Silva submitted re #9 MOTION for Summary Judgment. (Attachments: #1 Mailing Documentation) (emt, ) [Transferred from Hawaii on 12/18/2019.] |
| Filing 9 Plaintiff's MOTION for Summary Judgment - by Plaintiff Raymond K. Silva. (This document is not signed, refer to ECF No. #10 Original Signature of Plaintiff submitted regarding Motion for Summary Judgment.) (Attachments: #1 Memorandum in Support, #2 Exhibits) (emt, ) Modified on 8/29/2019 : Filed copy returned to Plaintiff on 8/29/2019 (emt, ). [Transferred from Hawaii on 12/18/2019.] |
| Filing 8 AFFIDAVIT of Raymond Kealoha Silva - by Raymond K. Silva. (emt, ) [Transferred from Hawaii on 12/18/2019.] |
| Filing 7 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Raymond K. Silva. (Attachments: #1 Mailing Documentation) (emt, ) [Transferred from Hawaii on 12/18/2019.] |
| Filing 6 EO: In light of the #5 ORDER Denying Plaintiff's Application To Proceed In District Court Without Prepaying Fees or Costs and allowing Plaintiff to either, 1) pay the filing fee; or 2) file an amended Application to Proceed in District Court Without Prepaying Fees or Costs by August 30, 2019, the Rule 16 Scheduling Conference previously set for 08/23/2019 IS CONTINUED TO 09/10/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statements are due by 09/03/2019. Plaintiff Raymond K. Silva notified via telephone. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.] |
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Filing 5
ORDER DENYING Plaintiff's Application To Proceed In District Court Without Prepaying Fees or Costs re #2 .On the basis of the foregoing, Plaintiffs Application to Proceed in District Court Without Prepaying Fees or Costs, filed May 24, 2019, is HEREBY DENIED WITHOUT PREJUDICE.By no later than August 30, 2019, Plaintiff must either: 1) pay the filing fee; or 2) file an amended Application to Proceed in District Court Without Prepaying Fees or Costs which fully complies with the terms of this Order. If Plaintiff fails to do so by August 30, 2019, this action may be automatically dismissed. Signed by JUDGE LESLIE E. KOBAYASHI on 7/31/2019. (cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.]
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| COURT'S CERTIFICATE of Service - a copy of #5 Order on Motion for Leave to Proceed in forma pauperis and blank IFP form, has been served by First Class Mail to the addresses of record on Raymond K. Silva. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) [Transferred from Hawaii on 12/18/2019.] |
| Filing 4 EO: Court continues the Rule 16 Scheduling Conference from 07/22/2019 TO 08/23/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statements are due by 08/15/2019. Plaintiff have been notified via telephone. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.] |
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Filing 3
Order Setting Rule 16 Scheduling Conference is set for 9:30AM on 7/22/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/24/2019. (Attachments: #1 Clerk's Memo re: Corporate Disclosure)(cib) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO re: CORPORATE DISCLOSURE STATEMENTS MUST BE SERVED WITH THE DOCUMENT. COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 12/18/2019.]
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| Filing 2 MOTION for Leave to Proceed In Forma Pauperis filed by Plaintiff Raymond K. Silva. (Attachments: #1 mailing documentation)(cib) [Transferred from Hawaii on 12/18/2019.] |
| Filing 1 COMPLAINT against Equifax, Inc., filed by Raymond K. Silva. (Attachments: #1 Civil Cover Sheet, #2 mailing documentation)(cib) [Transferred from Hawaii on 12/18/2019.] |
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| Plaintiff: Raymond K. Silva | |
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| Defendant: Equifax Inc | |
| Represented By: | Stuart T. Feeley |
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