Smithers v. Comenity Bank et al
| Haley Smithers |
| Comenity Bank, World Finance Company, Midland Funding LLC, Finwise Commercial Capital LLC, Ford Motor Credit Company, LLC, Resurgent Capital Services, L.P., Equifax Information Services, LLC, Trans Union, LLC, Experian Information Solutions, Inc. and Finwise Bancorp |
| 3:2024cv00217 |
| April 2, 2024 |
| US District Court for the Western District of Kentucky |
| Regina S Edwards |
| Rebecca Grady Jennings |
| Consumer Credit |
| 28 U.S.C. § 1441 cra Removal - Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 29, 2024. A more recent docket listing may be available from PACER.
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Filing 45
SCHEDULING ORDER (EBOC) by Magistrate Judge Regina S. Edwards on 05/29/2024. Due to a conflict with the Court's calendar, the telephonic scheduling conference set for May 29, 2024 is REMANDED from the docket. Based on the Joint Report of the Parties' Planning Meeting [DE #44 ], it is hereby ORDERED the following deadlines and conditions shall be observed in this action: Amended Pleadings/Joinder of Parties due by 5/31/2024. Expert Witness (Plaintiff) due by 10/16/2024. Expert Witness (Defendant) due by 12/18/2024. Discovery due by 2/21/2025. Dispositive/Daubert Motions due by 4/18/2025. Pretrial Conference set for 10/21/2025 at 2:30 PM in Louisville Courtroom before Judge Rebecca Grady Jennings. Jury Trial set for 11/17/2025 at 9:30 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. Joint Status Report due by 7/1/2024. cc: Counsel, Jury Administrator (HMC)
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| Filing 44 REPORT of Rule 26(f) Planning Meeting by Haley Smithers. (Hemminger, David) |
| Filing 43 NOTICE of Settlement with Defendant, Finwise Bancorp by Haley Smithers (Hemminger, David) |
| Filing 42 SERVICE BY SECRETARY OF STATE as to Finwise Bancorp COMPLETED on 5/14/2024. Secretary of State return states 4/23/2024. (SMJ) |
| Filing 41 NOTICE of Settlement with Defendant, Equifax Information Services, LLC by Haley Smithers (Hemminger, David) |
| Filing 40 ANSWER to #24 Amended Complaint, by World Finance Company. (Blaske, Nathan) |
| Filing 39 NOTICE of Settlement by Resurgent Capital Services, L.P. (Thompson, Hannah) |
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Filing 38
ORDER FOR MEETING AND REPORT (EBOC) by Magistrate Judge Regina S. Edwards on 4/18/2024. Telephonic Rule 16 Case-Management Conference set for 5/29/2024 at 11:30 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)
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Filing 37
TEXT ORDER by Judge Rebecca Grady Jennings on 4/18/2024; 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)
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| Filing 36 ANSWER to #24 Amended Complaint, by Ford Motor Credit Company, LLC. (Dawson, Christopher) |
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Filing 35
ORDER signed by Judge Rebecca Grady Jennings on 4/16/2024 re #33 Notice of Settlement. This action is DISMISSED WITHOUT PREJUDICE and STRICKEN from the ACTIVE DOCKET as to defendant Midland Funding, LLC. 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 34 STIPULATION signed by Judge Rebecca Grady Jennings on 4/16/2024 re #30 Stipulation. Ford Motor Credit Company LLC's Answer to the Complaint and Amended Complaint shall be filed on or before Friday, 4/19/2024. cc: Counsel (SMJ) |
| Filing 33 NOTICE of Settlement by Midland Funding LLC (Thompson, Hannah) |
| Filing 32 NOTICE of Consent to Removal by Ford Motor Credit Company, LLC re #1 Notice of Removal,, (Dawson, Christopher) |
| Filing 31 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying corporate parents Ford Holdings LLC and Ford Motor Company by Ford Motor Credit Company, LLC. (Dawson, Christopher) Modified on 4/15/2024 - parties added (SMJ). |
| Filing 30 STIPULATION Extending Answer Time by Ford Motor Credit Company, LLC. (Dawson, Christopher) |
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Filing 29
ORDER GRANTING DEFENDANT WORK FINANCE COMPANY OF KENTUCKY, LLC D/B/A WORLD FINANCE CORPORATION'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO MOVE, PLEAD OR OTHERWISE RESPOND TO COMPLAINT Signed by Judge Rebecca Grady Jennings on 4/11/2024 granting #21 Motion for Extension of Time. World Finance Company of Kentucky, LLC d/b/a World Finance Corporation is granted an extension of time to respond to Plaintiff's complaint to and including Tuesday, 4/30/2024. cc: Counsel (DeW)
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Filing 28
ORDER Signed by Judge Rebecca Grady Jennings on 4/11/2024 granting #15 Motion for Extension of Time to File Response. Resurgent is granted an extension of time to respond to Plaintiff's Complaint to and including 4/29/2024. cc: Counsel (SMJ)
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Filing 27
ORDER Signed by Judge Rebecca Grady Jennings on 4/11/2024 granting #12 Motion for Extension of Time to File Response. Midland is granted an extension of time to respond to Plaintiff's Complaint to and including 4/29/2024. cc: Counsel (SMJ)
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Filing 26
AGREED ORDER Signed by Judge Rebecca Grady Jennings on 4/11/2024 granting #9 Proposed Agreed Order. Equifax's time to answer, move, or otherwise respond to the Complaint in this action be extended through and including 5/9/2024, and that any such responsive pleading by that date shall be deemed timely filed. cc: Counsel (SMJ)
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| Filing 25 Summons Issued as to Finwise Bancorp. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (SMJ) |
| Filing 24 AMENDED COMPLAINT against Equifax Information Services, LLC, Experian Information Solutions, Inc., Finwise Bancorp, Ford Motor Credit Company, LLC, Midland Funding LLC, Resurgent Capital Services, L.P., Trans Union, LLC, World Finance Company, filed by Haley Smithers. (SMJ) |
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Filing 23
ORDER Signed by Judge Rebecca Grady Jennings on 4/9/2024 granting #10 Motion to Amend/Correct. Plaintiff's tendered Amended Complaint shall be deemed filed as to the date of entry of this Order. cc: Counsel (SMJ)
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| Filing 22 NOTICE of Settlement (Joint) Between Plaintiff and Defendant Trans Union, LLC Only by Trans Union, LLC (Huse, William) |
| Filing 21 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal,, by Defendant World Finance Company (Attachments: #1 Proposed Order Granting Defendant World Finance Company of Kentucky, LLC D/B/A World Finance Corporation's Unopposed Motion for Extension of Time to Move, Plead, or Otherwise Respond to Complaint) (Blaske, Nathan) |
| Filing 20 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent World Finance Company of Kentucky, LLC, Corporate Parent World Acceptance Corporation for World Finance Company. by World Finance Company. (Blaske, Nathan) |
| Filing 19 NOTICE of Appearance by Nathan H. Blaske on behalf of World Finance Company (Blaske, Nathan) |
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Filing 18
ORDER GRANTING LEAVE TO APPEAR PRO HAC VICE Signed by Judge Rebecca Grady Jennings on 4/8/2024 granting #6 Motion for William M. Huse to Appear Pro Hac Vice. cc: Counsel (DeW)
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Filing 17
AGREED ORDER OF DISMISSAL AS TO COMENITY BANK Signed by Judge Rebecca Grady Jennings on 4/8/2024 granting #5 Proposed Agreed Order. All claims asserted in the above-styled action by Plaintiff against Comenity are dismissed due to the Parties' binding arbitration agreement. Plaintiff's claims against Comenity are dismissed, without prejudice. cc: Counsel (SMJ)
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| Filing 16 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Alegis Group, LLC, Corporate Parent Resurgent Holdings, LLC for Resurgent Capital Services, L.P.. by Resurgent Capital Services, L.P.. (Thompson, Hannah) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply by Defendant Resurgent Capital Services, L.P. (Attachments: #1 Proposed Order) (Thompson, Hannah) |
| Filing 14 NOTICE of Appearance by Hannah Thompson on behalf of Resurgent Capital Services, L.P. (Thompson, Hannah) |
| Filing 13 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Encore Capital Group, Inc. for Midland Funding LLC. by Midland Funding LLC. (Thompson, Hannah) |
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply by Defendant Midland Funding LLC (Attachments: #1 Proposed Order) (Thompson, Hannah) |
| Filing 11 NOTICE of Appearance by Hannah Thompson on behalf of Midland Funding LLC (Thompson, Hannah) |
| Filing 10 MOTION to Amend/Correct for Leave to File Amended Complaint by Plaintiff Haley Smithers (Attachments: #1 Summons, #2 Exhibit Amended Complaint, #3 Proposed Order) (Hemminger, David) |
| Filing 9 Proposed Agreed Order of Extension of Time by Equifax Information Services, LLC. (Williams, John) |
| Filing 8 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) |
| Filing 7 NOTICE of Appearance by Christopher Anthony Dawson on behalf of Ford Motor Credit Company, LLC (Dawson, Christopher) |
| Filing 6 MOTION for William M. Huse to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-4008550. by Defendant Trans Union, LLC (Attachments: #1 Proposed Order) (Huse, William) |
| Filing 5 Proposed Agreed Order of Dismissal as to Comenity Bank by Comenity Bank. (Manley, Reid) |
| Filing 4 CLERK'S NOTICE to Hardin Circuit Court and counsel of record/parties re #1 Notice of Removal. (HMC) |
| Filing 3 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Trans Union, LLC identifying Corporate Parent TransUnion Intermediate Holdings, Inc., Corporate Parent TransUnion, Corporate Parent T. Rowe Price Group, Inc. for Trans Union, LLC. (HMC) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (HMC) |
| Filing 1 NOTICE OF REMOVAL filed by Trans Union, LLC from Hardin Circuit Court, case number 24-CI-00347. (Filing fee $ 405, receipt number AKYWDC-4006785) (Attachments: #1 Exhibit A - Summons to Trans Union, #2 Exhibit B - Complaint to Trans Union, LLC, #3 Exhibit C - Consent of Comenity Bank, #4 Exhibit D - Consent of World Finance Company, #5 Exhibit E - Consent of Midland Funding, #6 Exhibit F - Consent of Resurgent Capital Services, #7 Exhibit G - Consent of Equifax, #8 Exhibit H - Consent of Experian, #9 Cover Sheet) (HMC) |
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