Mendez v. Hyundai Capital America d/b/a Hyundai Motor Finance et al
| Jeremiah Mendez |
| Hyundai Capital America d/b/a Hyundai Motor Finance, Equifax Information Services, LLC, Trans Union LLC, Experian Information Solutions, Inc. and Hyundai Capital America doing business as Hyundai Motor Finance |
| 1:2021cv00497 |
| January 28, 2021 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Both |
Docket Report
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| Filing 26 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff and defendant Hyundai Capital America ("Hyundai") report (No. #25 ) that they have reached a settlement, and they anticipate dismissing Hyundai within 60 days. As plaintiff requests, all deadlines applicable to Hyundai are stayed. If Hyundai has not been dismissed by May 17, 2021, a status report on the settlement is due on that date. An initial status report from plaintiff and the defendants who have not settled remains due on or before April 7, 2021. Mailed notice (mjc, ) |
| Filing 25 Notice of Settlement as to Defendant Hyundai Capital America d/b/a Hyundai Motor Finance by Jeremiah Mendez (Hussain, Syed) |
| Filing 24 First AMENDED complaint by Jeremiah Mendez against Equifax Information Services, LLC, Experian Information Solutions, Inc., Hyundai Capital America and terminating Trans Union LLC (Hussain, Syed) |
| Filing 23 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion (No. #22 ) for leave to file an amended complaint dropping his claims against defendant Trans Union, LLC. The motion states that all defendants who have appeared are unopposed, but because defendant Equifax Information Services, LLC ("Equifax") has not yet appeared (see No. #21 ), its position is unknown. Equifax's consent is not required to amend the complaint because the record shows that plaintiff served the complaint and summons upon Equifax on March 12, 2021, and a complaint can be amended once as a matter of course within 21 days after service. Fed. R. Civ. P. 15(a)(1)(A). Plaintiff's motion (No. #22 ) is therefore granted, and plaintiff is directed to file his proposed amended complaint as a separate docket entry. Mailed notice (mjc, ) |
| Filing 22 MOTION by Plaintiff Jeremiah Mendez to amend/correct complaint #19 (Attachments: #1 Exhibit A: Redlined First Amended Complaint, #2 Exhibit B: Clean First Amended Complaint)(Hussain, Syed) |
| Filing 21 SUMMONS Returned Executed by Jeremiah Mendez as to Equifax Information Services, LLC on 3/12/2021, answer due 4/2/2021. (Hussain, Syed) |
| Filing 20 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion (No. #18 ) to seal his complaint to protect the financial account number inadvertently disclosed in paragraph 31 is granted. The clerk is directed to place the complaint (No. #1 ) under seal. Plaintiff has filed a redacted copy (No. #19 ) of the complaint. Mailed notice (mjc, ) |
| Filing 19 COMPLAINT filed by Jeremiah Mendez; Jury Demand. (Hussain, Syed) |
| Filing 18 MOTION by Plaintiff Jeremiah Mendez to seal document complaint #1 (Hussain, Syed) |
| Filing 17 MINUTE entry before the Honorable Joan B. Gottschall: The unopposed motion (No. #15 ) of defendant Hyundai Capital America for an extension to and including March 18, 2021, of its deadline to answer or otherwise respond to the complaint (No. #1 ) is granted. An initial status report remains due on or before April 7, 2021. Mailed notice (mjc, ) |
| Filing 16 Defendant Hyundai Capital America's Corporate Disclosure Statement STATEMENT by Hyundai Capital America d/b/a Hyundai Motor Finance (Murphy, Christopher) |
| Filing 15 MOTION by Defendant Hyundai Capital America d/b/a Hyundai Motor Finance for extension of time Defendant Hyundai Capital America's First Unopposed Motion for Extension of Time to File a Responsive Pleading (Murphy, Christopher) |
| Filing 14 ATTORNEY Appearance for Defendant Hyundai Capital America d/b/a Hyundai Motor Finance by Christopher R Murphy (Murphy, Christopher) |
| Filing 13 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff and defendant Trans Union, LLC ("Trans Union"), report (No. #11 ) that they have reached a settlement, and they anticipate filing a notice or stipulation of dismissal under Fed. R. Civ. P. 41(a)(1) within 60 days. As plaintiff requests, all deadlines applicable to Trans Union are stayed. Counsel are advised that 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. If Trans Union has not been dismissed by 4/19/21, a status report on the settlement is due on that date. Mailed notice (mjc, ) |
| Filing 12 SUMMONS Returned Executed by Jeremiah Mendez as to Hyundai Capital America d/b/a Hyundai Motor Finance on 2/4/2021, answer due 2/25/2021. (Hussain, Syed) |
| Filing 11 Notice of Settlement as to Defendant Trans Union, LLC Only by Jeremiah Mendez (Hussain, Syed) |
| Filing 10 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Michael A. Erdmann's motion to appear pro hac vice on behalf of the defendant Experian Information Solutions, Inc. #5 is granted. Mailed notice (mjc, ) |
| Filing 9 MINUTE entry before the Honorable Joan B. Gottschall: The unopposed motion (No. #6 ) of defendant Experian Information Solutions, Inc., for an extension to and including March 18, 2021, of its deadline to answer or otherwise respond to the complaint (No. #1 ) is granted. An initial status report remains due on or before April 7, 2021. Mailed notice (mjc, ) |
| Filing 8 SUMMONS Returned Executed by Jeremiah Mendez as to Experian Information Solutions, Inc. on 2/4/2021, answer due 2/25/2021. (Hussain, Syed) |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Experian Information Solutions, Inc. (Erdmann, Michael) |
| Filing 6 MOTION by Defendant Experian Information Solutions, Inc. for extension of time to file answer UNOPPOSED (Erdmann, Michael) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17915409. (Erdmann, Michael) |
| Filing 4 ATTORNEY Appearance for Defendant Experian Information Solutions, Inc. by Adam W. Wiers (Wiers, Adam) |
Filing 3
ORDER: An initial status report and, if appropriate, case management plan is due on or before April 7, 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 Ninth 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 plan. The 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 2/2/2021. Mailed notice(mjc, )
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| SUMMONS Issued as to Defendants Equifax Information Services, LLC, Experian Information Solutions, Inc., Hyundai Capital America d/b/a Hyundai Motor Finance, Trans Union LLC (pj, ) |
| Filing 2 ATTORNEY Appearance for Plaintiff Jeremiah Mendez by Syed Haseeb Hussain (Hussain, Syed) |
| Filing 1 COMPLAINT filed by Jeremiah Mendez; Jury Demand. Filing fee $ 402, receipt number 0752-17873316. (Attachments: #1 Civil Cover Sheet)(Hussain, Syed) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (jmk, ) |
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