Failla v. Capital One Bank (USA), N.A. et al
| Melissa Failla |
| Trans Union, LLC and Capital One Bank (USA), N.A. |
| 1:2020cv07349 |
| December 11, 2020 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Consumer Credit |
| 15 U.S.C. ยง 1681 |
| Plaintiff |
Docket Report
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| Filing 6 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a Fed. R. Civ. P. 41(a)(1)(A)(i) notice (No. #5 ) of the dismissal of her claims against defendant Capital One Bank (USA), N.A. ("Capital One"), with prejudice. Her claims against Trans Union, LLC, remain pending. The Seventh Circuit has held that Rule 41(a) may be used only to dismiss "the whole case." Taylor v. Brown, 787 F.3d 851, 857-858 (7th Cir. 2014) (citing Berthold Types Ltd. v. Adobe Sys. Inc., 242 F.3d 772, 777 (7th Cir. 2001) (other citation omitted)). The proper way to drop fewer than all claims or defendants is to amend the complaint under Fed. R. Civ. P. 15(a). See id. Consistent with Taylor's guidance, the court construes Plaintiff's notice of dismissal as a request to file an amended complaint and grants it (though plaintiff likely needs no leave of court because no answer has been filed, and she may therefore amend as a matter of course under Fed. R. Civ. P. 15(a)(1)(B)). Plaintiff may file an amended complaint dropping her claims against Capital One on or before 2/5/2021. If plaintiff desires a judgment immediately dismissing Capital One with prejudice, she may file a motion under Fed. R. Civ. P. 54(b). Mailed notice (mjc, ) |
| Filing 5 NOTICE of Voluntary Dismissal by Melissa Failla (Mikulaschek, Alexander) |
| SUMMONS Issued as to Defendant Trans Union, LLC (kl, ) |
Filing 4
ORDER: An initial status report and, if appropriate, case management plan is due on or before February 12, 2021. The parties are directed to consult Judge Gottschall's website for specific requirements for all written status reports and for the discovery plans. In conformity with the Eighth Amended General Order 20-12 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing. No Rule 26(f) discovery plan should be submitted until all defendants have been served. If all defendants have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery planThe parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 12/14/2020.Mailed notice(mjc, )
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| Filing 3 CIVIL Cover Sheet (Mikulaschek, Alexander) |
| Filing 2 ATTORNEY Appearance for Plaintiff Melissa Failla by Alexander John Mikulaschek (Mikulaschek, Alexander) |
| Filing 1 COMPLAINT filed by Melissa Failla; Jury Demand. Filing fee $ 402, receipt number 0752-17732953. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Proof of Payment, #3 Exhibit Credit Report, #4 Exhibit Dispute Letter, #5 Exhibit Credit Report)(Mikulaschek, Alexander) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (ke, ) |
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