Canter v. Capital One, N.A. et al
Plaintiff: Patty A. Haines
Defendant: Capital One, N.A. and Citibank, N.A.
Counter Defendant: Patty A. Canter and Park Community Credit Union, Inc.
Case Number: 3:2023cv00158
Filed: April 3, 2023
Court: US District Court for the Western District of Kentucky
Presiding Judge: Rebecca Grady Jennings
Referring Judge: Colin H Lindsay
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. § 1441 la Removal - Truth in Lending Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2023 Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Capital One, N.A. (Manley, Reid)
May 30, 2023 Opinion or Order Filing 20 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 5/30/2023. Counsel having failed to comply with the Court's order (DN 11), the scheduling conference scheduled for 5/31/2023 is REMANDED from the docket. Counsel shall file a joint proposed discovery plan no later than 6/7/2023. The Court will reschedule the conference, if necessary, after review of the plan. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
May 25, 2023 Filing 19 ANSWER to #13 Amended Complaint by Citibank, N.A.. (Cecil, Philip)
May 25, 2023 Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 Amended Complaint by Defendant Capital One, N.A. (Attachments: #1 Proposed Order Proposed Order) (Manley, Reid)
May 24, 2023 Filing 17 NOTICE of Filing Proposed Summons by Capital One, N.A. (Attachments: #1 Exhibit Exhibit A - Proposed Summons) (Manley, Reid)
May 22, 2023 Filing 16 MOTION for Leave to Deposit Funds Into Court by Counter Claimant Capital One, N.A. (Manley, Reid)
May 22, 2023 Filing 15 COUNTERCLAIM in the Nature of Interpleader against Patty A. Canter, Citibank, N.A., Park Community Credit Union, Inc., filed by Capital One, N.A.. (Manley, Reid)
May 11, 2023 Filing 14 Summonses Issued as to Capital One, N.A., Citibank, N.A. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: #1 Summons - CitiBank) (SMJ)
May 11, 2023 Filing 13 FIRST AMENDED COMPLAINT against Capital One, N.A., Citibank, N.A., filed by Patty A. Canter. (SMJ)
May 11, 2023 Opinion or Order Filing 12 ORDER Signed by Judge Rebecca Grady Jennings on 5/10/2023 granting #6 Motion to File First Amended Complaint, denying as moot Defendant Capital One's Motion to Dismiss. cc: Counsel (SMJ)
April 18, 2023 Opinion or Order Filing 11 ORDER FOR MEETING AND REPORT (EBOC) by Magistrate Judge Colin H. Lindsay on 4/17/2023. Telephonic Rule 16 Case-Management Conference set for 5/31/2023 at 10:15 AM before Magistrate Judge Colin H. Lindsay. Counsel shall connect to the conference by dialing 1-888-808-6929, access code 2773744. cc: Counsel (SMJ)
April 11, 2023 Opinion or Order Filing 10 TEXT ORDER by Judge Rebecca Grady Jennings on 4/11/2023; pursuant to 28 U.S.C. 636(b)(1)(A), this matter is REFERRED to U.S. Magistrate Judge Colin H. Lindsay for resolution of all litigation planning issues, a scheduling conference, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Magistrate Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. A separate order scheduling the Rule 16 Conference will be issued by the Chambers of United States Magistrate Judge Lindsay.Pursuant to 28 U.S.C. Section 636(c), and in accordance with Rule 73(b)(1) of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse consequences. Should all parties consent to having a United States magistrate judge conduct all proceedings in this case, please complete the Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (https://www.kywd.uscourts.gov/sites/kywd/files/forms/ao085-1-Notice-Consent.pdf) and send a copy of this document to the clerks office via regular mail or email at intake-kywECF@kywd.uscourts.gov. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel,CM-CHL. (ARM)
April 11, 2023 Filing 9 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Capital One Financial Corporation for Capital One, N.A.. by Capital One, N.A.. (Manley, Reid)
April 11, 2023 Filing 8 NOTICE of Filing Proposed First Amended Complaint by Patty A. Canter re #6 MOTION to Amend/Correct #1 Notice of Removal, (Attachments: #1 Exhibit - Proposed First Amended Complaint) (Lawson, James)
April 10, 2023 Filing 7 ANSWER to Complaint by Citibank, N.A.. (Cecil, Philip)
April 10, 2023 Filing 6 MOTION to Amend/Correct #1 Notice of Removal, by Plaintiff Patty A. Canter (Attachments: #1 Summons Tendered as to Capital One, N.A., #2 Summons Tendered as to Citibank, N.A., #3 Proposed Order) (Lawson, James) (Additional attachment(s) added on 4/12/2023: #4 Exhibit - First Amended Complaint) (SMJ).
April 4, 2023 Filing 5 NOTICE of Deficiency re #1 Notice of Removal - to Reid S. Manley, attorney for defendant. Reason for Deficiency: Missing 7.1 (a)(1) Corporate Disclosure Statement for Capital One, N.A. Failure to comply will be brought to the attention of the Court. Response due by 4/11/2023. (CDL)
April 4, 2023 Filing 4 CLERK'S NOTICE to Jefferson Circuit Court and Counsel/Parties re #1 Notice of Removal. (CDL)
April 4, 2023 Filing 3 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (CDL)
April 3, 2023 Filing 2 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Citicorp LLC, Other Affiliate Citigroup, Inc. for Citibank, N.A. (CDL)
April 3, 2023 Filing 1 NOTICE OF REMOVAL (No Answer Filed) by Citibank, N.A. from Jefferson Circuit Court, case number 23-CI-001130, (Filing fee $402, receipt number AKYWDC-3782171), filed by Citibank, N.A. (Attachments: #1 Exhibit A - Consent, #2 Exhibit B - State Court Record, #3 Exhibit C - Notice of Filing Notice of Removal, #4 Cover Sheet) (CDL)
April 3, 2023 CAPITAL ONE, N.A.S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED by Defendant Capital One, N.A., (Filed in Jefferson Circuit Court - See DN #1 -2). (CDL)

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Counter defendant: Patty A. Canter
Represented By: James H. Lawson
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Counter defendant: Park Community Credit Union, Inc.
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Plaintiff: Patty A. Haines
Represented By: James H. Lawson
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Defendant: Capital One, N.A.
Represented By: Reid S. Manley
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Defendant: Citibank, N.A.
Represented By: Philip E. Cecil
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