Thomas v. Toronto Dominion Investments, Inc.
| Uneika Thomas |
| Toronto Dominion Investments, Inc. |
| 1:2024cv00570 |
| February 7, 2024 |
| US District Court for the Northern District of Georgia |
| Walter E Johnson |
| Leigh Martin May |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| None |
Docket Report
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This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 CLERK'S JUDGMENT. It is Ordered and Adjudged that the action be DISMISSED in accordance with Local Rule 41.3 for want of prosecution and failure to obey a lawful Order of the Court. (tht)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 12
ORDER: The Court ADOPTS the Magistrate Judge's Report and Recommendation, Dkt. No. #10 , as its opinion: Defendants Motion to Dismiss, Dkt. No. #6 , is GRANTED. This case is DISMISSED in accordance with Local Rule 41.3 for want of prosecution and failure to obey a lawful Order of the Court. The Clerk is DIRECTED to CLOSE this case. Signed by Judge Leigh Martin May on 04/04/2024. (tht)
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| Civil Case Terminated. (tht) |
| Clerk's Certificate of Mailing as to Uneika Thomas re #12 Order and #13 Clerk's Judgment,. (tht) |
| Submission of #10 FINAL REPORT AND RECOMMENDATION re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Leigh Martin May. (bnp) |
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Filing 11
ORDER for Service of #10 Final Report and Recommendation by Magistrate Judge Walter E. Johnson. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Walter E. Johnson on 3/12/24. (klb)
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| Filing 10 FINAL REPORT AND RECOMMENDATION re #1 Notice of Removal, filed by Toronto Dominion Investments, Inc. Signed by Magistrate Judge Walter E. Johnson on 3/12/24. (klb) |
| Submission of #9 Order to Show Cause to Magistrate Judge Walter E. Johnson. (bnp) |
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FINAL REPORT AND RECOMMENDATION re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Toronto Dominion Investments, Inc. Because plaintiff has refused to obey a lawful order of the Court, this case may be dismissed for want of prosecution. Accordingly, the undersigned RECOMMENDS that defendant's Motion for Dismissal #6 be GRANTED and that the Complaint be DISMISSED. The Clerk is directed to terminate the reference to the undersigned Magistrate Judge. Signed by Magistrate Judge Walter E. Johnson on 3/12/24. (klb)
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| Clerk's Certificate of Mailing as to Uneika Thomas re #10 FINAL REPORT AND RECOMMENDATION and #11 Order for Service of Final Report and Recommendation. (klb) |
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Filing 9
ORDER TO SHOW CAUSE - The Court DIRECTS plaintiff to explain in writing on or before March 8, 2024 why defendant's Motion should not be granted. Plaintiff is cautioned that failure to comply with this Order will result in a recommendation that this case be dismissed. See Fed. R. Civ. P. 41(b); N.D. Ga. Civ. R. 41.3(A)(2) (The Court may, with or without notice to the parties, dismiss a civil case for want of prosecution if... [a] plaintiff... shall, after notice,... fail or refuse to obey a lawful order of the Court in the case....). Signed by Magistrate Judge Walter E. Johnson on 3/1/24. (klb)
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| Clerk's Certificate of Mailing as to Uneika Thomas re #9 Order to Show Cause. (klb) |
| Submission of #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to Magistrate Judge Walter E. Johnson. (klb) |
| Filing 8 NOTICE by Toronto Dominion Investments, Inc. (Proof of Filing of State Court Notice of Filing Notice of Removal) (Attachments: #1 Exhibit A - File-marked Copy of 2/7/2024 Notice of Filing Notice of Removal (with attachment))(Daenecke, Alexis) |
| Filing 7 CERTIFICATE OF SERVICE re #6 Motion to Dismiss for Failure to State a Claim filed by Toronto Dominion Investments, Inc. (Melendez, Brian) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Toronto Dominion Investments, Inc.. (Attachments: #1 Brief Memorandum of Law in Support of Motion for Dismissal)(Melendez, Brian) |
| Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Toronto Dominion Investments, Inc. identifying Corporate Parent TD Group US Holdings LLC, Corporate Parent Toronto-Dominion Bank, The, Corporate Parent Toronto-Dominion Holdings (USA, Inc.), Other Affiliate Target Corporation, Other Affiliate TD Bank US Holding Company, Other Affiliate TD Bank USA, N.A., Other Affiliate Uneika Thomas, Other Affiliate Toronto Dominion Investments, Inc., Other Affiliate Target Enterprise Services, Inc., Other Affiliate Barnes & Thornburg LLP, Other Affiliate Alexis Daenecke, Other Affiliate Brian Melendez for Toronto Dominion Investments, Inc.. (Melendez, Brian) |
| Refund in the amount of $405.00 has been processed, effective 2/12/2024 in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
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ORAL ORDER granting #4 Application for Admission of Brian Melendez Pro Hac Vice. Ruled on by Judge Leigh Martin May on 2/9/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bnp)
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| APPROVAL by Clerks Office re: #4 APPLICATION for Admission of Brian Melendez Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13214583). Attorney Brian Melendez added appearing on behalf of Toronto Dominion Investments, Inc. E-filing access may be requested after an order granting the application is entered. (djs) |
| Clerks Approval re #2 Application for Refund of Fees paid online. (mec) |
| Filing 4 APPLICATION for Admission of Brian Melendez Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13214583).by Toronto Dominion Investments, Inc.. (Attachments: #1 Exhibit A - Melendez List of Court Admissions, #2 Exhibit B - Melendez Certificate of Good Standing, #3 Text of Proposed Order)(Daenecke, Alexis) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 3 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Brian Melendez. Clerk to follow-up by 2/20/2024. (djs) |
| Filing 2 Application for Refund of Fees paid online through Pay.gov for receipt number 13211490. (Daenecke, Alexis) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Toronto Dominion Investments, Inc. (Filing fee $ 405 receipt number AGANDC-13211534) (Attachments: #1 State of Claim, #2 Affidavit of service, #3 Civil Cover Sheet)(jkb) 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. |
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| Plaintiff: Uneika Thomas | |
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| Defendant: Toronto Dominion Investments, Inc. | |
| Represented By: | Alexis Kaitlyn Daenecke |
| Represented By: | Brian Melendez |
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