Clay v. Wells Fargo Home Mortgage et al
Plaintiff: Michael Clay
Defendant: Wells Fargo Home Mortgage, First Premier Bank, Equifax Information Services, LLC, Trans Union, LLC and Experian Information Solutions, Inc.
Case Number: 3:2024cv00016
Filed: January 8, 2024
Court: US District Court for the Western District of Kentucky
Presiding Judge: Regina S Edwards
Referring Judge: Rebecca Grady Jennings
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1681 Fair Credit Reporting Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2024 Filing 22 RESPONSE to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Michael Clay. (Attachments: #1 Proposed Order) (Hemminger, David)
February 8, 2024 Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Defendant First Premier Bank (Attachments: #1 Exhibit 1 - Poole Order, #2 Exhibit 2 - Disclosures and Card Contract, #3 Exhibit 3 - Initial Card Statement, #4 Affidavit - Declaration of Julie Gilson, #5 Proposed Order Arbitration, #6 Proposed Order Failure to State a Claim) (Pagorski, Emily) Modified on 2/12/2024 - text added (SMJ).
February 6, 2024 Opinion or Order Filing 20 ORDER FOR MEETING AND REPORT (EBOC) by Magistrate Judge Regina S. Edwards on 2/6/2024. Telephonic Rule 16 Case-Management Conference set for 3/15/2024 at 10:00 AM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-888-808-6929, Access Code 2887606. cc: Counsel (SMJ)
February 6, 2024 Opinion or Order Filing 19 TEXT ORDER by Judge Rebecca Grady Jennings on 2/6/2024; pursuant to 28 U.S.C. 636(b)(1)(A), this matter is REFERRED to U.S. Magistrate Judge Regina S. Edwards 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 Edwards 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 Edwards.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-RSE. (ARM)
February 5, 2024 Filing 18 ANSWER to Complaint And Affirmative Defenses by Wells Fargo Home Mortgage. (Manley, Reid)
January 23, 2024 Opinion or Order Filing 17 ORDER Signed by Judge Rebecca Grady Jennings on 1/23/2024 granting #16 Motion for Extension of Time to Answer. Wells Fargo shall have through and including 2/6/2024 to respond to the Complaint. cc: Counsel (SMJ)
January 22, 2024 Filing 16 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal, (Second) by Defendant Wells Fargo Home Mortgage (Attachments: #1 Proposed Order) (Manley, Reid)
January 16, 2024 Opinion or Order Filing 15 ORDER signed by Judge Rebecca Grady Jennings on 1/16/2024 re #12 Notice of Settlement. This action is DISMISSED WITHOUT PREJUDICE and STRICKEN from the ACTIVE DOCKET as to defendant Trans Union 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)
January 12, 2024 Opinion or Order Filing 14 ORDER Signed by Judge Rebecca Grady Jennings on 1/12/2024 granting #11 Motion for Extension of Time to Answer. Wells Fargo shall have through and including 1/23/2024 to respond to the Complaint. cc: Counsel (SMJ)
January 12, 2024 Opinion or Order Filing 13 AGREED ORDER Signed by Judge Rebecca Grady Jennings on 1/12/2024 granting #9 Proposed Agreed Order. Equifax's time to answer, move, or otherwise respond to the Complaint in this action is extended through and including 2/14/2024. Any such responsive pleading by that date shall be deemed timely filed. cc: Counsel (SMJ)
January 12, 2024 Filing 12 NOTICE of Settlement with Defendant, Trans Union, LLC by Michael Clay (Hemminger, David)
January 11, 2024 Filing 11 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Defendant Wells Fargo Home Mortgage (Attachments: #1 Proposed Order) (Manley, Reid)
January 11, 2024 Filing 10 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Equifax, Inc. for Equifax Information Services, LLC. by Equifax Information Services, LLC. (Williams, John)
January 11, 2024 Filing 9 Proposed Agreed Order of Extension of Time by Equifax Information Services, LLC. (Williams, John)
January 11, 2024 Opinion or Order Filing 8 AGREED ORDER Signed by Judge Rebecca Grady Jennings on 1/10/2024 granting #6 Proposed Agreed Order. The Defendant, First Premier Bank, shall have through and including 2/9/2024, within which to serve its answer or other responsive pleading to the Complaint. cc: Counsel (SMJ)
January 9, 2024 Filing 7 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent United National Corporation for First Premier Bank. by First Premier Bank. (Pagorski, Emily)
January 9, 2024 Filing 6 Proposed Agreed Order to Extend Time to Respond to Complaint by First Premier Bank. (Pagorski, Emily)
January 9, 2024 Filing 5 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Wells Fargo & Company for Wells Fargo Home Mortgage. by Wells Fargo Home Mortgage. (Manley, Reid)
January 9, 2024 Filing 4 NOTICE of Deficiency to Reid S. Manley re #1 Notice of Removal. Reason for Deficiency: Missing Rule 7.1(a)(1) Corporate Disclosure for Defendant Wells Fargo Home Mortgage. Failure to comply will be brought to the attention of the Court. Response due by 1/16/2024. (DeW)
January 9, 2024 Filing 3 CLERK'S NOTICE to Jefferson Circuit Clerk and Counsel of Record/parties re #1 Notice of Removal. (DeW)
January 8, 2024 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (DeW)
January 8, 2024 Filing 1 NOTICE OF REMOVAL from Jefferson Circuit Court, case number 23-CI-007270, filed by Wells Fargo Home Mortgage. (Filing fee $405, receipt number AKYWDC-3952444.) (Attachments: #1 Exhibit A - State Court File, #2 Exhibit B - Consents to Removal, #3 Cover Sheet) (DeW)

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Plaintiff: Michael Clay
Represented By: David W. Hemminger
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Defendant: Wells Fargo Home Mortgage
Represented By: Reid S. Manley
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Defendant: First Premier Bank
Represented By: Emily L. Pagorski
Represented By: Lea Pauley Goff
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Defendant: Equifax Information Services, LLC
Represented By: John Michael Williams
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Defendant: Trans Union, LLC
Represented By: Colin C. Poling
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Defendant: Experian Information Solutions, Inc.
Represented By: Christopher P. Farris
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