Malcolm v. American Express National Bank et al
| Charles William Malcolm, Sr. |
| American Express National Bank, Avant, LLC, Bread Financial Holdings, Inc., Carvana, LLC, Citibank, N.A., Comcast Cable Communications Management, LLC, Commonwealth Financial Systems, Inc., Continental Finance Company, LLC, Credit One Bank, N.A., Happy Money, Inc., LendingClub Corporation, Lendingpoint, LLC, Marlette Funding, LLC, Mariner Finance, LLC, New Day Financial, LLC, OneMain Financial Group, LLC, Prosper Marketplace, Inc., Quinstreet, Inc., Skopos Financial, LLC doing business as Reprise Financial, South River Mortgage, LLC, The Bank of Missouri, United Collection Bureau, Inc., Upgrade, Inc., Upstart Network, Inc., WebBank, Weltman, Weinberg & Reis Co., L.P.A., Zip Co US, Inc. and 700 Credit, LLC |
| 3:2023cv00545 |
| October 20, 2023 |
| US District Court for the Western District of Kentucky |
| Claria Horn Boom |
| Rebecca Grady Jennings |
| Consumer Credit |
| 28 U.S.C. § 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 94 Unopposed MOTION for Extension of Time to File Answer by Defendants Credit One Bank, N.A., Zip Co US, Inc. (Attachments: #1 Proposed Order Proposed Order Granting Motion) (Barker, William) |
| Filing 93 NOTICE of Settlement as to Upstart Network, Inc. by Upstart Network, Inc. (Rouse, John) |
| Filing 92 ANSWER to Complaint by Mariner Finance, LLC. (Smith, William) |
Filing 91
ORDER Signed by Judge Rebecca Grady Jennings on 12/14/2023 granting #90 Proposed Agreed Order. Plaintiff Charles William Malcolm, Sr.'s claims against Defendant Carvana, LLC in this action are DISMISSED WITH PREJUDICE, with each party to bear its own costs, expenses, and attorney's fees. This Order does not affect, and is not intended to affect, Plaintiff's claims against any other Defendant in this action. cc: Counsel (SMJ)
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| Filing 90 Proposed Agreed Order and Joint Stipulation of Dismissal as to Defendant Carvana, LLC (Attachments: #1 Proposed Order) by Charles William Malcolm, Sr. (Lawson, James) |
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Filing 89
ORDER Signed by Judge Rebecca Grady Jennings on 12/12/2023 granting #82 Motion for Extension of Time. Plaintiff shall file his Response to Defendant New Day Financial, LLC's Motion to Dismiss #60 on or before Tuesday, December 26, 2023, and shall file his Response to Defendant Comcast Cable Communications Management, LLC's Motion to Dismiss #65 on or before Wednesday, December 27, 2023. cc: Counsel (JM)
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Filing 88
ORDER Signed by Judge Rebecca Grady Jennings on 12/12/2023 granting #87 Proposed Agreed Order. Plaintiff Charles William Malcolm, Sr.'s claims against Defendant Upgrade, Inc. in this action are DISMISSED WITH PREJUDICE, with each party to bear its own costs, expenses, and attorney's fees. cc: Counsel (JM)
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| Filing 87 Proposed Agreed Order and Joint Stipulation of Dismissal as to Upgrade, Inc. (Attachments: #1 Proposed Order) by Charles William Malcolm, Sr. (Lawson, James) |
| Filing 86 RESPONSE to Motion re #65 MOTION to Dismiss for Lack of Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles William Malcolm, Sr. (Lawson, James) |
| Filing 85 RESPONSE to Motion re #60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles William Malcolm, Sr. (Lawson, James) |
| Filing 84 WAIVER OF SERVICE Returned Executed by Charles William Malcolm, Sr. American Express National Bank waiver sent on 12/1/2023, answer due 1/30/2024. (Lawson, James) |
| Filing 83 ANSWER to Complaint by OneMain Financial Group, LLC. (Lewis, Danielle) |
| Filing 82 MOTION for Extension of Time to File Response/Reply as to #65 MOTION to Dismiss for Lack of Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Charles William Malcolm, Sr (Attachments: #1 Proposed Order) (Lawson, James) |
| Filing 81 NOTICE of Settlement as to Defendant Marlette Funding, LLC by Charles William Malcolm, Sr (Lawson, James) |
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Filing 80
AGREED ORDER ENLARGING TIME TO ANSWER OR OTHERWISE PLEAD signed by Judge Rebecca Grady Jennings on 12/1/23; granting #79 Proposed Agreed Order: The time within which the Defendant, Mariner Finance, LLC may answer or otherwise respond to Plaintiff's Complaint be and hereby is extended to and including 12/15/2023. cc: Counsel(DJT)
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| Filing 79 Proposed Agreed Order to Extend Time to Respond to Complaint by Mariner Finance, LLC. (Smith, William) |
| Filing 78 REPLY to Response to Motion re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Happy Money, Inc.. (Lacina, Peter) |
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Filing 77
ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT signed by Judge Rebecca Grady Jennings on 11/29/2023 granting #76 Motion for Extension of Time to Answer. IT HEREBY ORDERED that the Defendants, Zip Co US, Inc. and Credit One Bank, N.A., shall have up to and including 12/18/2023 to answer or otherwise respond to Plaintiff's Complaint. cc: Counsel(MNM)
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| Filing 76 Unopposed MOTION for Extension of Time to File Answer by Defendants Credit One Bank, N.A., Zip Co US, Inc. (Attachments: #1 Proposed Order Granting Motion) (Barker, William) Modified attachment description on 11/28/2023 (HMC). |
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Filing 75
ORDER Signed by Judge Rebecca Grady Jennings on 11/21/2023 granting #73 Motion for Extension of Time to Answer. Lending Club shall have up to and including 12/8/2023 to file its response to Plaintiff's Complaint. cc: Counsel (SMJ)
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| Filing 74 NOTICE of Settlement as to Defendant Carvana, LLC by Charles William Malcolm, Sr (Lawson, James) |
| Filing 73 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Defendant LendingClub Corporation (Attachments: #1 Proposed Order Ex. A - Proposed Order) (Manley, Reid) |
| Filing 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Marlette Funding, LLC (Attachments: #1 Proposed Order) (Barber, T.) |
| Filing 71 NOTICE of Settlement as to Defendants Avant, LLC and WebBank by Charles William Malcolm, Sr (Lawson, James) |
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Filing 70
ORDER signed by Judge Rebecca Grady Jennings on 11/16/2023 re #63 Notice of Settlement. This action is DISMISSED WITHOUT PREJUDICE and STRICKEN from the ACTIVE DOCKET as to defendant Lendingpoint, LLC only. The parties shall tender an agreed order dismissing this case with prejudice within forty-five (45) days of entry of this Order. cc: Counsel (SMJ)
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Filing 69
ORDER signed by Judge Rebecca Grady Jennings on 11/15/2023 re #57 / #58 Notice of Settlement. This action is DISMISSED WITHOUT PREJUDICE and STRICKEN from the ACTIVE DOCKET as to defendants Weltman Weinberg & Reis Co. IPA and Citibank, N.A. The parties shall tender an agreed order dismissing this case with prejudice within forty-five (45) days of entry of this Order. cc: Counsel (SMJ)
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Filing 68
ORDER DISMISSING WITH PREJUDICE signed by Judge Rebecca Grady Jennings on 11/15/2023 re #59 Proposed Agreed Order and Joint Stipulation of Dismissal. Plaintiff Charles William Malcolm, Sr.'s claims against Defendant Skopos Financial, LLC d/b/a Reprise Financial in this action are DISMISSED WITH PREJUDICE, with each party to bear its own costs, expenses, and attorney's fees. This Order does not affect, and is not intended to affect, Plaintiff's claims against any other Defendant in this action. cc: Counsel (SMJ)
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Filing 67
AGREED ORDER Signed by Judge Rebecca Grady Jennings on 11/15/2023 granting #61 Proposed Agreed Order. The time within which the Defendant, Mariner Finance, LLC may answer or otherwise respond to Plaintiff's Complaint is extended to and including 11/30/2023. cc: Counsel (SMJ)
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| Filing 66 NOTICE of Appearance by Charles J. Otten on behalf of Happy Money, Inc. (Otten, Charles) |
| Filing 65 MOTION to Dismiss for Lack of Jurisdiction and, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Comcast Cable Communications Management, LLC (Attachments: #1 Proposed Order) (Wardle, Samuel) |
| Filing 64 RESPONSE to Motion re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles William Malcolm, Sr. (Lawson, James) |
| Filing 63 NOTICE of Settlement as to Defendant Lendingpoint, LLC by Charles William Malcolm, Sr (Lawson, James) |
| Filing 62 ANSWER to Complaint Defendant QuinStreet, Inc.'s Answer to Complaint and Affirmative Defenses by Quinstreet, Inc.. (Pieczonka, Nicholas) |
| Filing 61 Proposed Agreed Order to Extend Time to Respond to Complaint by Mariner Finance, LLC. (Smith, William) |
| Filing 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant New Day Financial, LLC (Attachments: #1 Proposed Order) (White, Jordan) |
| Filing 59 Proposed Agreed Order and Joint Stipulation of Dismissal as to Defendant Skopos Financial, LLC d/b/a Reprise Financial (Attachments: #1 Proposed Order) by Charles William Malcolm, Sr. (Lawson, James) |
| Filing 58 NOTICE of Settlement as to Defendant Weltman, Weinberg & Reis Co., L.P.A. by Charles William Malcolm, Sr (Lawson, James) |
| Filing 57 NOTICE of Settlement as to Defendant Citibank, N.A. by Charles William Malcolm, Sr (Lawson, James) |
| Filing 56 NOTICE of Appearance by Peter K. Lacina on behalf of Happy Money, Inc. (Lacina, Peter) |
| Filing 55 NOTICE of Appearance by Peter Wahby on behalf of Happy Money, Inc. (Wahby, Peter) |
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Filing 54
ORDER Signed by Judge Rebecca Grady Jennings on 11/9/2023 granting #49 Motion for Peter S. Wahby to Appear Pro Hac Vice. cc: Counsel (SMJ)
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Filing 53
ORDER Signed by Judge Rebecca Grady Jennings on 11/9/2023 granting #50 Motion for Peter K. Lacina to Appear Pro Hac Vice. cc: Counsel (SMJ)
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| Filing 52 NOTICE of Settlement as to Defendant Bread Financial Holdings, Inc. by Charles William Malcolm, Sr (Lawson, James) |
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Filing 51
ORDER Signed by Judge Rebecca Grady Jennings on 11/7/2023 granting #21 Motion for Extension of Time to Answer. Comcast shall file its answer or other responsive pleading on or before 11/15/2023. cc: Counsel (SMJ)
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| Filing 50 MOTION for Peter K. Lacina to Appear Pro Hac Vice for Defendant Happy Money, Inc. Filing fee $ 150, receipt number AKYWDC-3917866. by Defendant Happy Money, Inc. (Attachments: #1 Exhibit Ex. 1 Lacina Affidavit, #2 Exhibit Ex. 2 - Certificates of Good Standing, #3 Proposed Order) (Sergent, Bardia) |
| Filing 49 MOTION for Peter S. Wahby to Appear Pro Hac Vice for Defendant Happy Money, Inc. Filing fee $ 150, receipt number AKYWDC-3917865. by Defendant Happy Money, Inc. (Attachments: #1 Exhibit Ex. 1 - Wahby Affidavit, #2 Exhibit Ex. 2 - Certificates of Good Standing, #3 Proposed Order) (Sergent, Bardia) |
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Filing 48
AGREED ORDER Signed by Judge Rebecca Grady Jennings on 11/3/2023 granting #29 Motion for Extension of Time to Answer. The Defendants, Zip Co US, Inc. and Credit One Bank, N.A., shall have up to and including 11/27/2023, to answer or otherwise respond to Plaintiff's Complaint. cc: Counsel (SMJ)
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Filing 47
AGREED ORDER Signed by Judge Rebecca Grady Jennings on 11/13/2023 granting #25 Proposed Agreed Order. The Defendants shall have up to and including 11/17/2023, to respond to Plaintiff's Complaint. cc: Counsel (SMJ)
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Filing 46
ORDER Signed by Judge Rebecca Grady Jennings on 11/3/2023 granting #23 Motion for Extension of Time to Answer. The Defendant shall have until 11/3/2023 to file a responsive pleading. cc: Counsel (SMJ)
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Filing 45
AGREED ORDER Signed by Judge Rebecca Grady Jennings on 11/3/2023 granting #22 Proposed Agreed Order. Defendants New Day Financial, LLC and Weltman, Weinberg & Reis Co., L.P.A. shall have up to and including 11/16/2023, to file a responsive pleading to Plaintiff's Complaint. cc: Counsel (SMJ)
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Filing 44
ORDER Signed by Judge Rebecca Grady Jennings on 11/3/2023 granting #17 Motion for Extension of Time to Answer. The deadline for Defendant Marlette Funding, LLC to answer or otherwise respond to Plaintiff Charles William Malcolm Sr.'s Complaint is extended until Friday, 11/17/2023. cc: Counsel (SMJ)
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Filing 43
AGREED ORDER Signed by Judge Rebecca Grady Jennings on 11/3/2023 granting #13 Proposed Agreed Order. Defendants Avant, LLC and WebBank shall answer or otherwise plead in response to Plaintiff's Complaint on or before 11/27/2023. cc: Counsel (SMJ)
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Filing 42
AGREED ORDER Signed by Judge Rebecca Grady Jennings on 11/3/2023 granting #12 Proposed Agreed Order. QuinStreet's time to answer, move, or otherwise respond to the Complaint in this action is extended through and including 11/15/2023, and that any such responsive pleading by that date shall be deemed timely filed. cc: Counsel (SMJ)
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| Filing 41 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parents OneMain Financial Holdings, LLC, Independence Holdings, LLC, OneMain Holdings, Inc. for OneMain Financial Group, LLC by OneMain Financial Group, LLC. (Lewis, Danielle) Modified on 11/7/2023 - parties added (SMJ). |
| Filing 40 NOTICE of Appearance by Danielle J. Lewis on behalf of OneMain Financial Group, LLC (Lewis, Danielle) |
| Filing 39 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Commonwealth Financial Systems, Inc.. (Lewis, Danielle) |
| Filing 38 ANSWER to Complaint by Commonwealth Financial Systems, Inc.. (Lewis, Danielle) |
| Filing 37 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by United Collection Bureau, Inc.. (Keane, Megan) |
| Filing 36 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying corporate parents Comcast Cable Communications, LLC, Comcast Holdings Corporation, and Comcast Corporation by Comcast Cable Communications Management, LLC. (Wardle, Samuel) Modified on 11/3/2023 - parties added (SMJ). |
| Filing 35 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Citigroup, Inc., Corporate Parent Citicorp LLC for Citibank, N.A.. by Citibank, N.A.. (Cecil, Philip) |
| Filing 34 ANSWER to Complaint by Citibank, N.A.. (Cecil, Philip) |
| Filing 33 ANSWER to Complaint with Jury Demand by United Collection Bureau, Inc.. (Keane, Megan) |
| Filing 32 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Happy Money, Inc.. (Sanjabi, Bardia) |
| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Happy Money, Inc. (Attachments: #1 Proposed Order) (Sanjabi, Bardia) |
| Filing 30 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying corporate parent Credit One Financial Inc. by Credit One Bank, N.A. (Barker, William) Modified on 10/30/2023 - party added (SMJ). |
| Filing 29 Unopposed MOTION for Extension of Time to File Answer by Defendants Credit One Bank, N.A., Zip Co US, Inc. (Attachments: #1 Proposed Order Agreed Order for Extension of Time) (Barker, William) |
| Filing 28 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Carvana Co., Other Affiliate Carvana, LLC, Other Affiliate Carvana Operations HC, LLC, Other Affiliate Carvana Group, LLC, Other Affiliate Carvana Co. Sub LLC for Carvana, LLC. by Carvana, LLC. (Meredith, S.) |
| Filing 27 ANSWER to Complaint by Carvana, LLC. (Meredith, S.) |
| Filing 26 NOTICE of Appearance by S. Chad Meredith on behalf of Carvana, LLC (Meredith, S.) |
| Filing 25 Proposed Agreed Order for Extension of Time to Respond to Complaint by Bread Financial Holdings, Inc., LendingClub Corporation. (Manley, Reid) |
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Filing 24
ORDER OF RECUSAL by Judge Claria Horn Boom on 10/27/23: IT IS HEREBY ORDERED that Judge Claria Horn Boom RECUSES from this matter, and the action is hereby REASSIGNED to the docket of the Honorable Rebecca Grady Jennings, United States District Judge, for all further proceedings. Counsel are requested to change the civil action number to reflect the initials RGJ on all further pleadings. cc: Counsel, CM-RGJ (DJT)
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| Filing 23 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Defendant Skopos Financial, LLC (Attachments: #1 Proposed Order Granting) (Riddle, Benjamin) |
| Filing 22 Proposed Agreed Order for Extension of Time to File a Responsive Pleading to Plaintiff's Complaint by New Day Financial, LLC, Weltman, Weinberg & Reis Co., L.P.A.. (Abrahamson, Jacob) |
| Filing 21 Unopposed MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Defendant Comcast Cable Communications Management, LLC (Attachments: #1 Proposed Order) (Wardle, Samuel) |
| Filing 20 NOTICE of Voluntary Dismissal by Charles William Malcolm, Sr (Lawson, James) |
| Filing 19 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent WebFinancial Holding Corporation, Corporate Parent Steel Partners Holdings, L.P. for WebBank. by WebBank. (Dearmond, Matthew) |
| Filing 18 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Avant, LLC. (Dearmond, Matthew) |
| Filing 17 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Defendant Marlette Funding, LLC (Attachments: #1 Proposed Order) (Barber, T.) |
| Filing 16 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Marlette Funding, LLC. (Barber, T.) |
| Filing 15 NOTICE of Appearance by T. Kent Barber on behalf of Marlette Funding, LLC (Barber, T.) |
| Filing 14 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Other Affiliate BlackRock, Inc. for Quinstreet, Inc.. by Quinstreet, Inc.. (Pieczonka, Nicholas) |
| Filing 13 Proposed Agreed Order by Avant, LLC, WebBank. (Dearmond, Matthew) |
| Filing 12 Proposed Agreed Order Agreed Order of Extension of Time for Defendant QuinStreet, Inc. to Respond to Plaintiff's Complaint by Quinstreet, Inc.. (Pieczonka, Nicholas) |
| Filing 11 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Upstart Holdings, Inc. for Upstart Network, Inc.. by Upstart Network, Inc.. (Rouse, John) |
| Filing 10 ANSWER to Complaint by Upstart Network, Inc.. (Rouse, John) |
| Filing 9 Joinder by Upstart Network, Inc. to #1 Notice of Removal, filed by New Day Financial, LLC, Weltman, Weinberg & Reis Co., L.P.A. by Upstart Network, Inc.. (Rouse, John) |
| Filing 8 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent MF Raven Holdings, Inc. for Mariner Finance, LLC. by Mariner Finance, LLC. (Smith, William) |
| Filing 7 NOTICE of Appearance by Megan Patricia Keane on behalf of United Collection Bureau, Inc. (Keane, Megan) |
| Filing 6 NOTICE of Settlement as to Defendant Upgrade, Inc. by Charles William Malcolm, Sr (Lawson, James) |
| Filing 5 CLERK'S NOTICE re #1 Notice of Removal. cc: Counsel of Record, Bullitt Circuit Court Clerk (MNM) |
| Filing 4 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Weltman, Weinberg & Reis Co., L.P.A. (MNM) |
| Filing 3 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Chrysalis Holdings, LLC for New Day Financial, LLC. (MNM) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (MNM) |
| Filing 1 NOTICE OF REMOVAL by New Day Financial, LLC and Weltman, Weinberg & Reis Co., L.P.A. from Bullitt Circuit Court, case number 23-CI-00739 (filing fee $402, receipt number AKYWDC-3905337). (Attachments: #1 Exhibit A - State Court File, #2 Exhibit B - Letter, #3 Cover Sheet) (MNM) |
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