BERK et al v. EQUIFAX INC. et al
| HAROLD R. BERK and JOAN S. MCCLURE |
| Equifax Inc., Equifax Information Services LLC and EQUIFAX MORTGAGE INFORMATION SERVICES |
| 1:2020cv01279 |
| March 23, 2020 |
| US District Court for the Northern District of Georgia |
| Christopher C Bly |
| Thomas W Thrash |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| None |
Docket Report
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This docket was last retrieved on May 20, 2020. A more recent docket listing may be available from PACER.
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| Filing 46 AMENDED COMPLAINT against All Defendants filed by HAROLD R. BERK, JOAN S. MCCLURE.(tcc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
Filing 45
ORDER GRANTING #30 Motion to Amend. Plaintiffs are DIRECTED to file their amended complaint, including the additional RICO claim as set forth in Exhibit A to their motion for leave. Signed by Magistrate Judge Christopher C. Bly on 5/18/20. (kt)
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| Clerk's Certificate of Mailing as to HAROLD R. BERK, JOAN S. MCCLURE re #45 Order on Motion to Amend. (kt) |
| Magistrate Judge Russell G. Vineyard terminated as settlement judge. (jtj) |
| Filing 44 NOTICE That Defendants Do Not Oppose the #30 MOTION to Amend by HAROLD R. BERK and JOAN S. MCCLURE. (ah) |
| Filing 43 Certification of Consent to Substitution of Counsel. Eric F. Barton replacing attorney Lewis Perling. (Barton, Eric) |
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Filing 42
MINUTE ORDER: The Plaintiffs have filed a notice of withdrawal of consent to mediation and to vacate the stay. (Doc. 41) The Court WITHDRAWS this civil action from mediation and vacates the stay. Discovery will now close on November 6, 2020, and dispositive motions should be filed by December 7, 2020. Ordered by Magistrate Judge Christopher C. Bly on 5/11/2020. (jtj)
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| Clerk's Certificate of Mailing as to HAROLD R. BERK, JOAN S. MCCLURE re 42 Minute Order. (jtj) |
| Filing 41 NOTICE of Withdrawal of Consent to Mediation and MOTION to Vacate Stay by HAROLD R. BERK. (Attachments: #1 Letter)(jpa) |
| Filing 39 NOTICE of Appearance by Eric F. Barton on behalf of EQUIFAX MORTGAGE INFORMATION SERVICES, Equifax Information Services LLC (Barton, Eric) |
| Filing 40 CERTIFICATE OF SERVICE of First Set of Interrogatories and Requests for Production of Documents by HAROLD R. BERK.(jpa) |
| Clerk's Certificate of Mailing as to HAROLD R. BERK re #36 Order Referring Case to Magistrate Judge, Order Staying Case, #37 Amended General Order. (kt) |
| Filing 38 NOTICE of Appearance by Eric F. Barton on behalf of Equifax Inc. (Barton, Eric) |
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Filing 37
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (dgs) (ADI)
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Filing 36
ORDER REFERRING CASE to Chief Magistrate Judge for the selection of a neutral Magistrate Judge to conduct non-binding mediation. This case is STAYED through mediation and for seven days thereafter. Signed by Magistrate Judge Christopher C. Bly on 5/4/20. (kt)
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| CASE REFERRED to Magistrate Judge Russell G. Vineyard to conduct a settlement conference. (jtj) |
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Filing 35
SCHEDULING ORDER: The parties have requested an eight-month discovery period. This request is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE. This case shall be subject to a six-month discovery period and discovery in this case shall closed on 10/30/2020. The parties shall file motion for summary judgment by 11/30/2020. If a motion for summary judgment is filed, the 30-day period for filing the consolidated pretrial order begins when the district judge enters a final order on the summary judgment. If the parties consent to a trial by the undersigned Magistrate Judge, the 30-day period for filing the consolidated pretrial order begins when the undersigned enters an order on the motion(s) for summary judgment. Signed by Magistrate Judge Christopher C. Bly on 5/1/20. (kt)
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| Clerk's Certificate of Mailing as to HAROLD R. BERK re #35 Scheduling Order. (kt) |
| Filing 34 CERTIFICATE OF SERVICE filed by Equifax Inc., Equifax Information Services LLC for Objections to Timing of Plaintiff's discovery (Perling, Lewis) |
| Filing 33 CERTIFICATE OF SERVICE filed by Equifax Inc. for Initial Disclosures (Perling, Lewis) |
| Filing 32 CERTIFICATE OF SERVICE filed by Equifax Information Services LLC for Initial Disclosures (Perling, Lewis) |
| Filing 31 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Equifax Information Services LLC. (Perling, Lewis) |
| Filing 30 MOTION for Leave to Amend Complaint with Brief In Support by HAROLD R. BERK. (rjs) |
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Filing 29
ORDER DENYING #25 Motion to permit Plaintiff Berk to be a registered user for use of the Courts CM/ECF electronic filing system. Plaintiff Berk remains free to file a motion to be admitted pro hac vice or to proceed with filing all documents in paper form. Signed by Magistrate Judge Christopher C. Bly on 4/16/20. (kt)
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| Clerk's Certificate of Mailing as to HAROLD R. BERK, JOAN S. MCCLURE re #29 Order on Motion for Miscellaneous Relief. (kt) |
| Filing 28 AMENDED ANSWER to #1 Complaint, by Equifax Information Services LLC. (Perling, Lewis) |
| Filing 27 AMENDED ANSWER to #1 Complaint, by Equifax Inc.. (Perling, Lewis) |
| Filing 26 ANSWER to #1 COMPLAINT by Equifax Information Services LLC.(Perling, Lewis) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 25 MOTION to Permit Plaintiff to be a Registered User for Use of the Court's CM/ECF Filing System filed by HAROLD R. BERK. (ddm) |
| Clerk's Notation re #24 Certificate of Interested Persons: OK, per TWT. (cmd) |
| Filing 24 Certificate of Interested Persons by Equifax Inc., Equifax Information Services LLC. (Perling, Lewis) |
| Filing 23 Defendant Equifax Inc.s ANSWER to #1 COMPLAINT by Equifax Inc..(Perling, Lewis) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 22 Defendant Equifax Information Services LLCs ANSWER to #1 COMPLAINT by Equifax Information Services LLC. Discovery ends on 8/31/2020.(Perling, Lewis) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 21
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (dgs) (ADI)
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| Filing 20 Case transferred in from District of Pennsylvania Eastern; Case Number 2:19-cv-04629. Original file certified copy of transfer order and docket sheet received. |
| Filing 19 NOTICE by HAROLD R. BERK, JOAN S. MCCLURE Notice of Default (BERK, HAROLD) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
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Filing 18
ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. NO. #3 ) IS DENIED; DEFENDANTS MOTION TO TRANSFER (DOC. NO. #3 ) IS GRANTED; THE CLERK OF COURT SHALL TRANSFER THIS CASE TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA; THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 02/21/2020. 02/21/2020 ENTERED AND COPIES E-MAILED.(nd, ) [Transferred from Pennsylvania Eastern on 3/23/2020.]
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| Filing 17 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 02/21/2020. 02/21/2020 ENTERED AND COPIES E-MAILED.(nd, ) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
| Filing 16 MOTION for Leave to File Declaration filed by EQUIFAX INC., EQUIFAX INFORMATION SERVICES, LLC, EQUIFAX MORTGAGE INFORMATION SERVICES.Brief, Declaration, Certificate of Service. (Attachments: #1 Brief, #2 Declaration, #3 Text of Proposed Order)(REILLY, JESSICA) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
| Filing 15 REPLY Brief in Support re #3 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Motion to Transfer Venue filed by EQUIFAX INC., EQUIFAX INFORMATION SERVICES, LLC, EQUIFAX MORTGAGE INFORMATION SERVICES. (REILLY, JESSICA) Modified on 2/24/2020 (lisad, ). [Transferred from Pennsylvania Eastern on 3/23/2020.] |
| Filing 14 Memorandum of Plaintiffs In Opposition to Defendants Motion to Dismiss or in the Alternative to Transfer Venue re #3 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Motion to Transfer Venue filed by HAROLD R. BERK, JOAN S. MCCLURE. (Attachments: #1 Exhibit Notice of Capital One Bank re EMIS offices, #2 Exhibit Notice of Citizens Bank re EMIS Offices, #3 Exhibit Consent Petition in Com Pa v. Equifax Inc., #4 Exhibit Email Among Counsel Perling, Reilly and Berk Jan 27 2020, #5 Exhibit Certificate of Registration in PA of Equifax Inc., #6 Exhibit Retail Credit Company application for authority to conduct business in PA, #7 Exhibit Petition Showing Renewal of Georgia Charter, #8 Exhibit Petition to Amend Charter, #9 Exhibit Application for Amended Certificate of Authority Changing Name to Equifax Inc., #10 Exhibit Change Registered Office to 1635 Market Street, Philadelphia, #11 Exhibit Change of Registered Office to Prentice Hall Corp. in Dauphin County, PA, #12 Exhibit Decennial Report of Continued Existence of Equifax Inc., #13 Exhibit Certificate of Registration of Equifax Information Services LLC, #14 Exhibit Decenila Report of Continued Existence of Equifax Information Services LLC 2011, #15 Exhibit Indicies Report of PA Sec. State Showing Formation of Equifax Information Services LLC in 2001, #16 Text of Proposed Order Proposed Order Denying Motion to Dismiss or Transfer Venue)(BERK, HAROLD) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
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Filing 13
ORDER UPON CONSIDERATION OF PLAINTIFFS' MOTION TO RECONSIDER (DOC. NO. #12 ), IT IS HEREBY ORDERED THAT PLAINTIFFS' MOTION IS DENIED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/3/2020. 2/3/2020 ENTERED AND COPIES E-MAILED.(rt) [Transferred from Pennsylvania Eastern on 3/23/2020.]
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| Filing 12 MOTION for Reconsideration of Motion for Limited Jurisdictional and Venue Discovery filed by HAROLD R. BERK, JOAN S. MCCLURE.. (Attachments: #1 Exhibit Consent Petition of Equifax Inc and Commonwealth of Pennsylvania, #2 Text of Proposed Order Order on Reconsideration of Motion for Jurisidictional and Venue Discovery)(BERK, HAROLD) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
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Filing 11
ORDER, PLAINTIFFS SEEK LIMITED JURISDICTIONAL DISCOVERY AND EXTRA TIME TO RESPOND TO THE MOTION (DOC. NO. #3 ) OF DEFENDANTS EQUIFAX INFORMATION SERVICES, AND EQUIFAX MORTGAGE INFORMATION SERVICES (SEE DOC. NO. #10 ). I WILL DENY PLAINTIFFS' REQUEST. I WILL ALLOW JURISDICTIONAL DISCOVERY ONLY IF PLAINTIFFS "ESTABLISH A COLORABLE OR PRIMA FACIE SHOWING OF PERSONAL JURISDICTION." CENTRAL STATES, SE. & SW. AREAS PENSION FUND V. REIMER EXPRESS WORLD CORP., 23 F3D 934, 946 (7TH CIR. 2000); SEE ALSO CAREFIRST OF MD, INC. V. CAREFIRST PREGNANCY CTRS, INC. 334 F3D 390, 396 (4TH CIR. 2003). AT PRESENT, PLAINTIFFS' PRINCIPAL JURISDICTIONAL ALLEGATION APPEARS TO BE THAT DEFENDANTS MIGHT HAVE EMPLOYEES (NOT PARTIES HERE) WHO WORK IN NEW JERSEY YET RESIDE IN PENNSYLVANIA. I DOUGHT THAT THE POSSIBLE PENNSYLVANIA RESIDENCES OF THOSE HYPOTHETICAL NON-PARTY EMPLOYEES CONFER THIS COURT'S JURISDICTION OVER DEFENDANTS, WHICH PLAINTIFFS ACKNOWLEDGE ARE CITIZENS OF GEORGIA AND NEW JERSEY. PLAINTIFFS MAY NONETHELESS ARTICULATE THEIR THEORY OF PERSONAL JURISDICTION IN THEIR RESPONSIVE BRIEF, WHICH WILL REMAIN DUE ON FEBRUARY 10, 2020....IT IS HEREBY ORDERED THAT PLAINTIFFS' MOTION IS DENIED. PLAINTIFFS SHALL RESPOND TO DEFENDANTS' MOTION NO LATER THAN FEBRUARY 10, 2020.SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/31/2020. 1/31/2020 ENTERED AND COPIES E-MAILED.(rt) [Transferred from Pennsylvania Eastern on 3/23/2020.]
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| Filing 10 MOTION for Discovery Limited on Jurisdiction and Venue filed by HAROLD R. BERK, JOAN S. MCCLURE.Motion to Allow Limited Jurisidictional and Venue Discovery and To Extend Time for Plaintiffs to Respnd to Motion to Dismiss or in the Alternative to Change Venue. (Attachments: #1 Declaration of Harold R Berk, #2 Exhibit Exhibit A Declaration of Gobin, #3 Exhibit Notice from Capital One Bank, #4 Exhibit Notice from Citizens Bank, #5 Memorandum Supporting Motion for Limited Jurisdictional and Venue Discovery and to Extend Time to Respond to Motion to Dismiss or Change Venue, #6 Text of Proposed Order Order Allowing Limited Jurisdictional and Venye Discovery)(BERK, HAROLD) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
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Filing 9
ORDER UPON CONSIDERATION OF PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TIME (DOC. NO. #8 ) TO RESPOND TO DEFENDANTS' MOTION TO DISMISS OR TRANSFER (DOC. NO. #3 ), IT IS HEREBY ORDERED THAT PLAINTIFFS' MOTION IS GRANTED. PLAINTIFFS SHALL RESPOND TO DEFENDANTS' MOTION NO LATER THAN FEBRUARY 10, 2020.SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/27/2020. 1/27/2020 ENTERED AND COPIES E-MAILED.(rt) [Transferred from Pennsylvania Eastern on 3/23/2020.]
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| Filing 8 MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Motion to Transfer Venue filed by HAROLD R. BERK.Certificate of Service. (Attachments: #1 Exhibit Email agreements, #2 Exhibit Email agreements, #3 Exhibit Email Agreements, #4 Exhibit Email Agreements, #5 Text of Proposed Order Order granting extension)(BERK, HAROLD) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
| Filing 7 STANDING ORDER OUTLINED HEREIN.SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/16/2020. 1/16/2020 ENTERED AND COPIES E-MAILED.(rt) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
| Filing 6 IT IS HEREBY ORDERED THAT PLAINTIFFS RESPOND TO DEFENDANTS' MOTION TO DISMISS FOR LACK OF JURISDICTION OR, IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE DOC. NO. #3 ) NO LATER THAN JANUARY 21, 2020.SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/15/2020. 1/15/2020 ENTERED AND COPIES E-MAILED.(rt) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
| Filing 5 NOTICE of Withdrawal of Appearance by JONATHAN D. KLEIN on behalf of EQUIFAX INC., EQUIFAX INFORMATION SERVICES, LLC, EQUIFAX MORTGAGE INFORMATION SERVICES(KLEIN, JONATHAN) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
| Filing 4 NOTICE of Appearance by JESSICA REILLY on behalf of EQUIFAX INC., EQUIFAX INFORMATION SERVICES, LLC, EQUIFAX MORTGAGE INFORMATION SERVICES with Certificate of Service(REILLY, JESSICA) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Motion to Transfer Venue filed by EQUIFAX INC., EQUIFAX INFORMATION SERVICES, LLC, EQUIFAX MORTGAGE INFORMATION SERVICES.Brief, Declaration, Certificate of Service. (Attachments: #1 Brief, #2 Exhibit A, #3 Text of Proposed Order)(KLEIN, JONATHAN) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
| Filing 2 WAIVER OF SERVICE Returned Executed by HAROLD R. BERK. EQUIFAX INC. waiver sent on 10/7/2019, answer due 12/6/2019; EQUIFAX INFORMATION SERVICES, LLC waiver sent on 10/7/2019, answer due 12/6/2019; EQUIFAX MORTGAGE INFORMATION SERVICES waiver sent on 10/7/2019, answer due 12/6/2019. (BERK, HAROLD) Modified on 10/9/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 3/23/2020.] |
| Filing 1 COMPLAINT against EQUIFAX INC., EQUIFAX INFORMATION SERVICES, LLC, EQUIFAX MORTGAGE INFORMATION SERVICES ( Filing fee $ 400 receipt number PPE204786.) filed by HAROLD R. BERK, JOAN S. MCCLURE. (Attachments: #1 Civil Cover Sheet)(jaa, ) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
| 3 Summons Issued as to EQUIFAX INC., EQUIFAX INFORMATION SERVICES, LLC, EQUIFAX MORTGAGE INFORMATION SERVICES. Forwarded To: COUNSEL on 10/8/19 (jaa, ) [Transferred from Pennsylvania Eastern on 3/23/2020.] |
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