Young v. CitiFinancial Servicing LLC et al
| Marlyn Young |
| CitiFinancial Servicing LLC and Lowe's Home Centers, LLC |
| 4:2016cv01171 |
| July 18, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Catherine D. Perry |
| Other Personal Property Damage |
| 15 U.S.C. ยง 1681 |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
69
MEMORANDUM AND ORDER (See Full Order)IT IS HEREBY ORDERED that defendant Lowe's Home Centers, LLC's Motion to Dismiss Plaintiff's Claim for Failure to Appear at Mediation 62 is GRANTED. IT IS FURTHER ORDERED that plaintiff Marlyn Y oung's claim against defendant Lowe's Home Centers, LLC, is dismissed with prejudice. IT IS FURTHER ORDERED that all motions that remain pending in this action are denied as moot. Signed by District Judge Catherine D. Perry on 11/30/17. (EAB)
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Filing
37
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that defendant Lowes Home Centers LLC's motion to dismiss 29 is granted in part and denied in part. IT IS FURTHER ORDERED that plaintiff Marlyn Young's claims under 15 U.S. C. § 1681s-2(a), the Credit CARD Act, and the MMPA are dismissed with prejudice. Young's FCRA claim under 15 U.S.C. § 1681s-2(b) remains pending in this action. Lowes shall file its answer to this claim within the time prescribed by the federal rules. The case will be set for a Rule 16 scheduling conference by separate Order. Signed by District Judge Catherine D. Perry on 5/30/2017. (CBL)
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Filing
23
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff Marlyn Young's "Motion to Enjoin Defendant in Lawsuit" 19 and "Motion to Set Aside Defendant's Response to Plaintiff's Motion to Enjoin&quo t; 21 , which I construe as motions under Rule 60(b)(6) for relief from a final order, are GRANTED. IT IS FURTHER ORDERED that the Order entered September 27, 2016, dismissing plaintiff's claims against defendant Lowe's Home Center LLC ( ECF # 18 ) is VACATED in its entirety. The Clerk of Court shall reinstate defendant Lowe's Home Center LLC to the docket as an active defendant. Defendant Lowe's shall file a responsive pleading no later than February 21, 2017. IT IS FURT HER ORDERED that defendant CitiFinancial Services LLC's Motion to Compel Arbitration and Stay Case Pending Arbitration 9 is GRANTED. Its alternative motion to dismiss is denied. IT IS FURTHER ORDERED that this case is stayed as to defendant CitiFinancial Services LLC only, pending completion of arbitration. The parties must file a notice with the Court within ten days of the conclusion of arbitration. The case will proceed against Lowe's. Signed by District Judge Catherine D. Perry on 2/6/2017. (CBL)
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Filing
17
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff Marlyn Young's "Motion to Remove or Dismiss Defendant's Civil Action from Federal Court to State Court" 13 , in which Young seeks to remand this removed action back to State court, is DENIED. A review of the file shows there to be no procedural defect in the removal process, see 28 U.S.C. § 1446; and federal subject-matter jurisdiction appears on the face of Young's complaint given his claim that de fendants violated the Fair Credit Reporting Act, 15 U.S.C. §§ 1681, et seq., and the Credit CARD Act, Pub. L. No. 111-24, 123 Stat. 1734 (2009), with sufficient factual allegations giving rise to his claim. See Caterpillar Inc. v. Williams , 482 U.S. 386, 393 (1987). (where federal question is presented on face of properly pleaded complaint, federal jurisdiction exists and a defendant may remove case from State court to Federal court). If Young wishes to dismiss his federal claims from this action, he may seek to do so by separate motion. Signed by District Judge Catherine D. Perry on September 27, 2016. (MCB)
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