Dixon v. Capital One Bank et al
| Landry Dixon |
| Capital One Bank, Subbu Rajasimhan, Colin J. Ruh, Matthew C. Trout, Richard D. Fairbank and Capital One Auto Finance |
| 2:2020cv02461 |
| September 3, 2020 |
| US District Court for the Eastern District of Louisiana |
| Eldon E Fallon |
| Jane Triche Milazzo |
| Karen Wells Roby |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on October 27, 2021. A more recent docket listing may be available from PACER.
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Filing 26
ORDER of USCA as to #23 Notice of Appeal. "the appeal is DISMISSED for want of jurisdiction." USCA Judge Name: STEWART, HAYNES, HO (Attachments: #1 Transmittal Letter)(cwa)
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Filing 25
ORDER granting #24 Motion to Substitute Attorney. IT IS ORDERED and GRANTED that Christopher D. Meyer is enrolled as counsel of record for Capital One Auto Finance, a division of Capital One, N.A., Richard D. Fairbank, Colin J. Ruh, Matthew C. Trout, and Subbu Rajasimhan. It is further ordered that Christopher D. Meyer is substituted as lead counsel of record and Eli J. Hare be stricken as counsel of record in the above captioned and numbered matter. Signed by Judge Eldon E. Fallon on 5/27/2021. (cwa)
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Filing 24
EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Christopher D. Meyer to be substituted in place of Eli J. Hare by Capital One Auto Finance, Richard D. Fairbank, Subbu Rajasimhan, Colin J. Ruh, Matthew C. Trout. (Attachments: #1 Proposed Order)Attorney Christopher Daniel Meyer added to party Capital One Auto Finance(pty:dft), Attorney Christopher Daniel Meyer added to party Richard D. Fairbank(pty:dft), Attorney Christopher Daniel Meyer added to party Subbu Rajasimhan(pty:dft), Attorney Christopher Daniel Meyer added to party Colin J. Ruh(pty:dft), Attorney Christopher Daniel Meyer added to party Matthew C. Trout(pty:dft).(Meyer, Christopher)
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Filing 23
NOTICE OF APPEAL by Landry Dixon as to #22 ORDER AND REASONS denying #21 Motion for Leave to File a Delayed Motion to Set Aside Judgment. (sdp)
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Filing 22
ORDER AND REASONS denying #21 Motion for Leave to File a Delayed Motion to Set Aside Judgment. Signed by Judge Eldon E. Fallon on 3/31/2021.(cc Plaintiff) (cwa)
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Filing 21
EXPARTE/CONSENT MOTION for Leave to File Delayed Motion to Set Aside the Court's Untimely, Inappropriate, Immaterial and Unjust Judgment of Dismissal by Landry Dixon. (cwa) (Main Document 21 replaced on 3/30/2021) (cwa).
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Filing 20
ORDER AND REASONS DENYING #19 Motion for Leave to File Motion to Set Aside Judgment. Signed by Judge Eldon E. Fallon on 3/3/2021.(cc via USPS re Landry Dixon) (pp)
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Filing 19
MOTION for Leave to File Motion to Set Aside Judgment of Dismissal by Landry Dixon. Motion(s) will be submitted on 2/24/2021. (Attachments: #1 Original Deficient Motion, #2 Notice of Submission, #3 Exhibit)(jeg)
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Filing 18
NOTICE OF DEFICIENT ProSe DOCUMENT: re #17 Motion for Leave to File Document. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 2/18/2021. (am)
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Filing 17
**DEFICIENT** MOTION for Leave to File Plaintiff's Motion to Set Aside Judgment of Dismissal Rendered on 1/15/2021 by Landry Dixon. (Attachments: #1 Notice of Submission, #2 Exhibit)(am)
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Filing 16
JUDGMENT entered in favor of Capital One Auto Finance, Capital One Bank, Colin J. Ruh, Matthew C. Trout, Richard D. Fairbank, Subbu Rajasimhan against Landry Dixon, dismissing said plaintiff's complaint with prejudice and costs. Signed by Judge Eldon E. Fallon on 01/21/2021.(ko)
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Filing 15
ORDER AND REASONS granting #6 Motion to Dismiss for Failure to State a Claim. FURTHER ORDERED that Plaintiff's case is hereby dismissed with prejudice. Accordingly, #8 Motion to Reissue Summons is dismissed as moot. Signed by Judge Eldon E. Fallon on 01/15/2021. (ko)
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Filing 14
REPLY to Response to Motion filed by Capital One Auto Finance, Richard D. Fairbank, Subbu Rajasimhan, Colin J. Ruh, Matthew C. Trout re #6 MOTION to Dismiss for Failure to State a Claim . (jeg)
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Filing 13
ORDER GRANTING #11 Motion for Leave to File Reply. Signed by Judge Eldon E. Fallon on 12/18/2020. (jeg)
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Filing 12
Correction of Docket Entry by Clerk re #11 MOTION for Leave to File to File Reply Memorandum In Further Support of Defendants' Motion to Dismiss. **Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect 'Exparte' and remove submission date. No further action necessary.** (jeg)
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Filing 11
EXPARTE/CONSENT MOTION for Leave to File to File Reply Memorandum In Further Support of Defendants' Motion to Dismiss by Capital One Auto Finance, Capital One Bank, Richard D. Fairbank, Subbu Rajasimhan, Colin J. Ruh, Matthew C. Trout. (Attachments: #1 Proposed Pleading, #2 Proposed Order, #3 Notice of Submission)(Hare, Eli) Modified text/exparte on 12/16/2020 (jeg).
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Filing 10
**DEFICIENT** REPLY to Response to Motion filed by Capital One Auto Finance, Capital One Bank, Richard D. Fairbank, Subbu Rajasimhan, Colin J. Ruh, Matthew C. Trout re #6 MOTION to Dismiss for Failure to State a Claim . (Hare, Eli) Modified on 12/14/2020 (jeg).
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Filing 9
RESPONSE/MEMORANDUM in Opposition filed by Landry Dixon re #6 MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit)(jeg)
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Filing 8
EXPARTE/CONSENT MOTION for Reissuance of Summons by Landry Dixon. (jeg)
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Filing 7
Correction of Docket Entry by Clerk re #6 MOTION to Dismiss for Failure to State a Claim. **1.Document contains incorrect Section. All future pleadings must reflect Section L Judge Eldon E. Fallon. 2.Filing attorney selected incorrect submission/hearing date. Correct date is 12/2/2020. Clerk took corrective action. 3.Attachment was improperly described. Filing attorney incorrectly selected Proposed Order instead of Notice of Hearing when attaching the Notice of Hearing to the main document. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 6
MOTION to Dismiss for Failure to State a Claim by Capital One Auto Finance, Capital One Bank, Richard D. Fairbank, Subbu Rajasimhan, Colin J. Ruh, Matthew C. Trout. Motion(s) will be submitted on 12/2/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)Attorney Eli J. Hare added to party Capital One Bank(pty:dft), Attorney Eli J. Hare added to party Subbu Rajasimhan(pty:dft), Attorney Eli J. Hare added to party Colin J. Ruh(pty:dft), Attorney Eli J. Hare added to party Matthew C. Trout(pty:dft).(Hare, Eli) (Attachment 1 replaced on 11/12/2020) (jeg). (Additional attachment(s) added on 11/12/2020: #4 Exhibit 1) (jeg). Modified text/attachment descriptions/ notice of submission on 11/12/2020 (jeg).
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Filing 5
ORDER OF RECUSAL. Judge Jane Triche Milazzo recused. Case reassigned to Judge Eldon E. Fallon. Signed by Judge Jane Triche Milazzo on 10/21/2020.(am)
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Filing 4
TEXT ORDER (No PDF Document Attached) granting #3 Motion for Extension of Time to Answer re #1 Complaint as to Capital One Auto Finance answer due 11/10/2020. Signed by Judge Jane Triche Milazzo on 10/20/20. (ecm)
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| Filing 3 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint by Capital One Bank, Richard D. Fairbank. (Attachments: #1 Proposed Order)Attorney Eli J. Hare added to party Capital One Bank(pty:dft), Attorney Eli J. Hare added to party Richard D. Fairbank(pty:dft).(Hare, Eli) Modified text on 10/20/2020 (am). |
| Filing 2 Summons Issued as to Capital One Bank, Richard D. Fairbank, Subbu Rajasimhan, Colin J. Ruh, Matthew C. Trout. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(am) |
| Filing 1 COMPLAINT against Capital One Bank, Richard D. Fairbank, Subbu Rajasimhan, Colin J. Ruh, Matthew C. Trout (Filing fee $ 400) filed by Landry Dixon. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(am) |
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