Lostutter v. Transunion LLC et al
| Deric Lostutter |
| Transunion LLC, Experian Information Solutions, Inc. and Equifax Information Service, LLC |
| 6:2023cv00077 |
| May 1, 2023 |
| US District Court for the Eastern District of Kentucky |
| Claria Horn Boom |
| Hanly A Ingram |
| Consumer Credit |
| 28 U.S.C. § 1441 Petition for Removal - Fair Credit Reporti |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 21 SURREPLY in Support of Plaintiff's Motion for Remand, D.E. #15 , and in Opposition to Defendants' Motion to Dismiss, D.E. #10 , filed by Deric Lostutter, pro se. (Attachments: #1 mailing envelope, front and back, postmarked 06/16/2023)(KJA) |
| Filing 20 REPLY to #14 Response to Motion re #10 MOTION to Dismiss by Deric Lostutter (Joint) filed by Transunion LLC. (Brady, Scott) Modified text on 6/15/2023 (KM). |
Filing 19
STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions. Signed by Judge Karen K. Caldwell on 5/6/2016.(APR)cc: CORand Deric Lostutter by US Mail
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| Filing 18 NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT re #17 ORDER: Error: INCORRECT document attached to docket entry by docket clerk; duplicate of Order at DE #16 ; Correct document attached to this entry. *MRS* cc: COR (APR) |
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Filing 17
ORDER: (1) Defendants' motion to stay (D.E. #12 ) is GRANTED. (2) The Court's Order for Meeting & Report (D.E. #6 ) is VACATED. (3) The Court's Order for a response to the motion to stay (D.E. #13 ) is VACATED. (4) Discovery is STAYED pending resolution of the motion to dismiss (D.E. #10 ) and the motion to remand (D.E. #14 , #15 ). (5) On or before Thursday, June 15, 2023, Defendants SHALL file a reply on their motion to dismiss and a response to Plaintiff's motion to remand. These may be consolidated into a single filing. (6) Any reply by Plaintiff SHALL be filed within 14 days of being served with Defendants' response/reply described in paragraph (5). The motions to dismiss and to remand will then stand submitted for decision. Signed by Magistrate Judge Hanly A. Ingram on 5/25/2023. (APR)cc: COR and Deric Lostutter by US Mail (Main Document 17 replaced on 5/25/2023) (MRS).
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Filing 16
ORDER REFERRING MOTIONS TO MAGISTRATE JUDGE re #10 JOINT MOTION to Dismiss for failure to state a claim and Memorandum in Support filed by Experian Information Solutions, Inc., Transunion LLC, Equifax Information Service, LLC, #15 MOTION to Remand by Deric Lostutter filed by Deric Lostutter, pro se: IT IS HEREBY ORDERED that the Defendant's Joint Motion to Dismiss and Memorandum in Support [R. #10 ] and Plaintiff's Motion to Remand and response to Defendants' Motion to Dismiss [R. #15 ] are REFERRED to Magistrate Judge Hanly A. Ingram for a hearing, findings of fact, conclusions of law, and a recommendation, if necessary. Signed by Judge Claria Horn Boom on 5/25/2023.(APR) cc: COR and Deric Lostutter by US Mail
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| Filing 15 MOTION to Remand by Deric Lostutter, pro se. Mailing envelope attached at D.E. #14 . (Attachments: #1 Memorandum in Support, #2 Proposed Order)(KJA) |
| Filing 14 RESPONSE in Opposition re #10 JOINT MOTION to Dismiss for failure to state a claim by Equifax Information Service, LLC, Experian Information Solutions, Inc., Transunion LLC and Memorandum in Support filed by Deric Lostutter, pro se. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 mailing envelope, front and back, postmarked 05/23/2023)(KJA) |
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Filing 13
*VACATED BY ORDER AT #17 * ORDER: IT IS HEREBY ORDERED THAT Plaintiff SHALL RESPOND to the motion #12 on or before Monday, June 5, 2023. Plaintiff shall state whether he objects to staying this matter until the motion to dismiss is resolved and, if so, provide his reasons. Signed by Magistrate Judge Hanly A. Ingram on 05/23/2023.(KJA)cc: COR and Deric Lostutter by US Mail. Modified text on 5/25/2023 (APR).
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| Filing 12 MOTION to Stay by Experian Information Solutions, Inc. Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order PO Motion to Stay Rule 26 Meeting)(Farris, Christopher) |
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Filing 11
ORDER: granting #9 Motion to Appear Pro Hac Vice for Scott E. Brady. Signed by Magistrate Judge Hanly A. Ingram on 5/9/2023. (JMB)cc: COR and Deric Lostutter by US Mail
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| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #9 MOTION for Scott E. Brady to Appear Pro Hac Vice by Transunion LLC ( Filing fee $125; receipt number AKYEDC-5549784) (JMB) |
| BAR STATUS Check completed as to Scott Edwin Brady re #9 MOTION for Scott E. Brady to Appear Pro Hac Vice by Transunion LLC ( Filing fee $125; receipt number AKYEDC-5549784). (JMB) |
| Filing 10 JOINT MOTION to Dismiss for failure to state a claim by Equifax Information Service, LLC, Experian Information Solutions, Inc., Transunion LLC and Memorandum in Support (Attachments: #1 Proposed Order Granting Defendants' Motion to Dismiss Plaintiff's Amended Complaint)(Brady, Scott) |
| Filing 9 MOTION for Scott E. Brady to Appear Pro Hac Vice by Transunion LLC ( Filing fee $125; receipt number AKYEDC-5549784)Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order Granting Trans Union, LLC's Motion for Admission of Scott E. Brady, Esq. Pro Hac Vice)(Brady, Scott) |
| Filing 8 FRCP 7.1 DISCLOSURE STATEMENT by Experian Information Solutions, Inc. identifying Corporate Parent Experian plc, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC, Other Affiliate Opt-Out Services LLC for Experian Information Solutions, Inc... (Farris, Christopher) |
| Filing 7 NOTICE OF APPEARANCE by Experian Information Solutions, Inc.. (Farris, Christopher) |
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Filing 6
*VACATED BY ORDER AT #17 * ORDER FOR MEETING AND REPORT: 1. Within 21 days, parties shall meet to consider the topics Rule26(f)(2) mandates. 2. Within 14 days of meeting, parties shall file a joint status report containing: see items a-e. Signed by Magistrate Judge Hanly A. Ingram on 05/01/2023.(JCP)cc: CORand Deric Lostutter by US Mail. Modified text on 5/25/2023 (APR).
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| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Equifax Information Service, LLC identifying Corporate Parent Equifax, Inc. for Equifax Information Service, LLC.. (Williams, John) |
| Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, John M. Williams has been filed by Equifax Information Services, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (JCP) |
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Filing 3
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier.. Signed by Judge Claria Horn Boom on 10/04/2021.(JCP)cc: CORand Deric Lostutter by US Mail
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| Filing 1 NOTICE OF REMOVAL from Clay Circuit Clerk, case number 23-CI-00059. ( Filing fee $402; receipt number AKYEDC-5544356), filed by Equifax Information Service, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A. State Court Record, #3 Exhibit B. Consent to Removal, #4 Exhibit C. Notice of Filing)(JCP) |
| Conflict Check run. (JCP) |
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