Ustayev v. Equifax Information Services, LLC et al
Plaintiff: Rafail Ustayev
Defendant: Equifax Information Services, LLC, BMW of North America, LLC d/b/a BMW Financial Services, Capital One Bank (USA), N.A., Experian Information Solutions, Inc., BMW of North America, LLC and BMW of North America, LLC doing business as BMW Financial Services
Case Number: 1:2019cv06234
Filed: November 5, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Margo K Brodie
Referring Judge: James Orenstein
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1681 Fair Credit Reporting Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 2, 2020 Filing 14 SUMMONS Returned Executed by Rafail Ustayev. BMW of North America, LLC served on 11/15/2019, answer due 12/20/2019. (Kroub, Edward)
January 2, 2020 Filing 13 SUMMONS Returned Executed by Rafail Ustayev. Experian Information Solutions, Inc. served on 11/14/2019, answer due 1/6/2020. (Kroub, Edward)
January 2, 2020 Filing 12 SUMMONS Returned Executed by Rafail Ustayev. Capital One Bank (USA), N.A. served on 11/29/2019, answer due 12/20/2019. (Kroub, Edward)
December 30, 2019 Opinion or Order ORDER re #11 Notice of Settlement -- All deadlines are stayed pending the telephone conference currently scheduled for January 23, 2020. Ordered by Magistrate Judge James Orenstein on 12/30/2019. (Gutmann, Joseph)
December 20, 2019 Opinion or Order SCHEDULING ORDER -- I will hold a telephone conference on January 23, 2020, at 12:30 p.m. If a stipulation of dismissal is filed before the conference, I will cancel the conference; otherwise, counsel for the plaintiff shall initiate the call and conference in chambers when all parties are on the line. All parties are directed to use landlines rather than mobile telephones in order to reduce potential interference. Ordered by Magistrate Judge James Orenstein on 12/20/2019. (Gutmann, Joseph)
December 19, 2019 Filing 11 NOTICE of Settlement with BMW of North America, LLC d/b/a BMW Financial Services by Rafail Ustayev (Kroub, Edward)
December 6, 2019 Opinion or Order ORDER granting #10 Motion for Extension of Time to Answer -- The motion is granted on consent; Experian Information Solutions, Inc. shall answer or otherwise respond to the complaint by January 6, 2020. Ordered by Magistrate Judge James Orenstein on 12/6/2019. (Gutmann, Joseph)
December 5, 2019 Filing 10 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Experian Information Solutions, Inc.. (Clay, Juliana)
December 5, 2019 Filing 9 Corporate Disclosure Statement by Experian Information Solutions, Inc. identifying Corporate Parent Experian PLC., Other Affiliate Opt-Out Services LLC, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC for Experian Information Solutions, Inc.. (Clay, Juliana)
December 5, 2019 Filing 8 NOTICE of Appearance by Juliana Clay on behalf of Experian Information Solutions, Inc. (aty to be noticed) (Clay, Juliana)
December 5, 2019 Opinion or Order ORDER granting #7 Motion for Extension of Time to Answer -- The motion is granted and the stipulation is so ordered; BMW Financial Services shall answer or otherwise respond to the complaint by December 20, 2019. Ordered by Magistrate Judge James Orenstein on 12/5/2019. (Gutmann, Joseph)
December 4, 2019 Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint, by BMW of North America, LLC. (Diclemente, Ryan)
December 4, 2019 Filing 6 NOTICE of Appearance by Ryan Lawrence Diclemente on behalf of BMW of North America, LLC (aty to be noticed) (Diclemente, Ryan)
November 18, 2019 Filing 5 WAIVER OF SERVICE Returned Executed by Rafail Ustayev. Equifax Information Services, LLC waiver sent on 11/13/2019, answer due 1/13/2020. (Kroub, Edward)
November 8, 2019 Filing 4 Summons Issued as to BMW of North America, LLC, Capital One Bank (USA), N.A., Equifax Information Services, LLC, Experian Information Solutions, Inc.. (Davis, Kimberly)
November 8, 2019 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
November 8, 2019 Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent 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. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
November 8, 2019 Case Assigned to Judge Margo K. Brodie and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)
November 5, 2019 Filing 1 COMPLAINT against BMW of North America, LLC d/b/a BMW Financial Services, Capital One Bank (USA), N.A., Equifax Information Services, LLC, Experian Information Solutions, Inc. filing fee $ 400, receipt number ANYEDC-12012716 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Rafail Ustayev. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Kroub, Edward)

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Defendant: Equifax Information Services, LLC
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Defendant: BMW of North America, LLC d/b/a BMW Financial Services
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Defendant: Capital One Bank (USA), N.A.
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Defendant: Experian Information Solutions, Inc.
Represented By: Juliana Clay
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Defendant: BMW of North America, LLC
Represented By: Ryan Lawrence Diclemente
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Defendant: BMW of North America, LLC doing business as BMW Financial Services
Represented By: Ryan Lawrence Diclemente
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Plaintiff: Rafail Ustayev
Represented By: Edward Y. Kroub
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