Conn v. Equifax Information Services LLC et al
| Dominique Conn |
| Equifax Information Services LLC, Experian Information Solutions, Inc., TransUnion LLC and LexisNexis Risk Solutions FL Inc. |
| 1:2023cv04764 |
| July 24, 2023 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Consumer Credit |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 30 MOTION by Defendant LexisNexis Risk Solutions FL Inc. to dismiss (Waltz, Daniel) |
| Filing 29 MEMORANDUM by LexisNexis Risk Solutions FL Inc. in support of Motion to Dismiss for Failure to State a Claim #25 (Waltz, Daniel) |
| Filing 28 ATTORNEY Appearance for Defendant Experian Information Solutions, Inc. by Mackenzie Rastello (Rastello, Mackenzie) |
| Filing 27 MINUTE entry before the Honorable Joan B. Gottschall: Defendant Experian Information Solutions, Inc.'s motion #25 to dismiss the complaint for failure to state a claim is briefed as follows: response due: 9/26/2023; reply due: 10/3/2023. Mailed notice. (mgh, ) |
| Filing 26 MEMORANDUM by Experian Information Solutions, Inc. in support of Motion to Dismiss for Failure to State a Claim #25 (Attachments: #1 Exhibit A - Case Summary)(Ralph, Mitchell) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Experian Information Solutions, Inc. (Ralph, Mitchell) |
| Filing 24 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a stipulation of dismissal #23 of her claims against defendant Equifax Information Services, LLC ("Equifax"), only. Where, as here (see doc. no. #20 ), an answer has been filed, Fed. R. Civ. P. 41(a)(1)(A)(ii) requires a plaintiff to file a stipulation of dismissal "signed by all parties who have appeared." Plaintiff's stipulation #23 of dismissal is ineffective because, although plaintiff and an attorney representing Equifax signed it, it is not signed by an attorney for any of Equifax's three co-defendants who have appeared. Furthermore, 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, 857-58 (7th Cir. 2015) (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). The court therefore construes plaintiff's stipulation of dismissal #23 as to Equifax as a motion for leave to file an amended complaint dropping Equifax. Any response to plaintiff's motion for leave to file an amended complaint dropping Equifax is due by and including 9/20/2023. Mailed notice (mjc, ) |
| Filing 23 STIPULATION of Dismissal with Prejudice as to Equifax Information Services, LLC Only (Hill, Adam) |
| Filing 22 MINUTE entry before the Honorable Joan B. Gottschall: The deadline #12 of 8/17/2023 for plaintiff to file a response to the motion of defendant Experian Information Solutions, Inc. ("Experian"), for an extension of its answer deadline has come and gone, and nothing has been filed. Experian's motion #8 for an extension to and including 9/8/2023 of its deadline to answer or otherwise respond to the complaint is granted. Mailed notice (mjc, ) |
| Filing 21 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TransUnion LLC (Rutter, Evan) |
| Filing 20 ANSWER to Complaint and Affirmative Defenses by TransUnion LLC(Rutter, Evan) |
| Filing 19 ATTORNEY Appearance for Defendant TransUnion LLC by Laura K. Rang (Rang, Laura) |
| Filing 18 ATTORNEY Appearance for Defendant TransUnion LLC by Evan R. Rutter (Rutter, Evan) |
| Filing 17 MINUTE entry before the Honorable Joan B. Gottschall: The consent motion #10 of defendant LexisNexis Risk Solutions FL, Inc., for an extension to and including 9/20/2023 of its deadline to answer or otherwise respond to the complaint is granted. Mailed notice (mjc, ) |
| Filing 16 MINUTE entry before the Honorable Joan B. Gottschall: To give the court sufficient time to rule on the opposition to the motion #8 of defendant Experian Information Solutions, Inc. ("Experian"), to extend its answer deadline, Experian's deadline to answer or otherwise respond to the complaint is extended to and including 8/25/2023. Any response to Experian's motion #8 to extend its answer deadline remains due on this date, 8/17/2023, and upon receiving the response, the court will rule on the longer deadline requested in Experian's motion. Mailed notice (mjc, ) |
| Filing 15 MINUTE entry before the Honorable Joan B. Gottschall: Defendant Equifax Information Services, LLC ("Equifax"), represents #14 that it has reached a settlement agreement in principle with plaintiff. As Equifax requests, all pending deadlines as to Equifax, including its deadline to answer or otherwise respond to the complaint, are stayed. If closing papers as to Equifax have not been filed by 9/20/2023, a status report is due on that date. Mailed notice (mjc, ) |
| Filing 14 NOTICE OF SETTLEMENT by Equifax Information Services LLC (Hill, Adam) |
| Filing 13 ATTORNEY Appearance for Defendant Equifax Information Services LLC by Adam Theodore Hill (Hill, Adam) |
| Filing 12 MINUTE entry before the Honorable Joan B. Gottschall: Any response to the opposed motion #8 of defendant Experian Information Solutions, Inc., for an extension to and including 9/8/2023 of its deadline to answer or otherwise respond to the complaint is due by and including 8/17/2023. Mailed notice (mjc, ) |
| Filing 11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by LexisNexis Risk Solutions FL Inc. (Waltz, Daniel) |
| Filing 10 MOTION by Defendant LexisNexis Risk Solutions FL Inc. for extension of time Consent Motion for an Extension of Time to File Responsive Pleadings (Waltz, Daniel) |
| Filing 9 ATTORNEY Appearance for Defendant LexisNexis Risk Solutions FL Inc. by Daniel Robert Waltz (Waltz, Daniel) |
| Filing 8 MOTION by Defendant Experian Information Solutions, Inc. for extension of time to file answer regarding complaint #1 (Ralph, Mitchell) |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Experian Information Solutions, Inc. (Ralph, Mitchell) |
| Filing 6 ATTORNEY Appearance for Defendant Experian Information Solutions, Inc. by Mitchell Hughes Ralph (Ralph, Mitchell) |
Filing 5
ORDER: An initial status report is due on or before September 27, 2023. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at http://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within 14 days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report. See Fed. R. Civ. P. 26(a)(1)(C) and 26(f)(2). If, by the due date of the scheduled status report, defendants have not been served, plaintiff should send an email to the chambers email account, chambers_gottschall@ilnd.uscourts.gov, to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 7/26/2023. Mailed notice(mjc, )
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| Filing 3 PRO SE Appearance by Plaintiff Dominique Conn. (jn, ) |
| Filing 2 CIVIL Cover Sheet. (jn, ) |
| Filing 1 COMPLAINT filed by Dominique Conn ; Jury Demand. (jn, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jn, ) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (jn, ) |
| SUMMONS Issued as to Defendants Equifax Information Services LLC, Experian Information Solutions, Inc., LexisNexis Risk Solutions FL Inc., TransUnion LLC. (jn, ) |
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