Smekodub v. Equifax Information Services, LLC et al
Plaintiff: Yelena Smekodub
Defendant: Capital One Bank USA, N.A., Bank Of America, N.A., Merrick Bank, IC System, Inc., Equifax Information Services, LLC, First Premier Bank and TD Bank USA, N.A.
Case Number: 1:2020cv03585
Filed: August 10, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: LaShann DeArcy Hall
Referring Judge: William F Kuntz
2 Judge: Peggy Kuo
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 September 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2020 Filing 27 NOTICE of Settlement with First Premier Bank by Yelena Smekodub (Kroub, Edward)
September 29, 2020 Opinion or Order ORDER: With regard to the Notice of Settlement filed at #27 , the parties are directed to file a Stipulation of Dismissal as to defendant First Premier Bank by October 29, 2020. Ordered by Magistrate Judge Peggy Kuo on 9/29/2020. (O'Neil-Berven, Ryan)
September 28, 2020 Filing 26 Corporate Disclosure Statement by IC System, Inc. (Siachos, Peter)
September 28, 2020 Filing 25 ANSWER to #1 Complaint, by IC System, Inc.. (Siachos, Peter)
September 25, 2020 Filing 24 NOTICE of Settlement with Bank of America, N.A. by Yelena Smekodub (Kroub, Edward)
September 25, 2020 Opinion or Order ORDER: With regard to the notice of settlement filed at #24 , the parties are directed to file a Stipulation of Dismissal as to defendant Bank of America by October 26, 2020. Ordered by Magistrate Judge Peggy Kuo on 9/25/2020. (O'Neil-Berven, Ryan)
September 23, 2020 Filing 23 NOTICE of Voluntary Dismissal by Yelena Smekodub with TD Bank USA, N.A. (Kroub, Edward)
September 15, 2020 Filing 22 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by First Premier Bank. (Lamson, Justin)
September 15, 2020 Filing 21 Corporate Disclosure Statement by First Premier Bank identifying Corporate Parent United National Corporation for First Premier Bank. (Lamson, Justin)
September 15, 2020 Filing 20 NOTICE of Appearance by Justin Ward Lamson on behalf of First Premier Bank (aty to be noticed) (Lamson, Justin)
September 15, 2020 Opinion or Order ORDER granting #22 Motion for Extension of Time to Answer. The deadline for Defendant First Premier Bank to answer or otherwise respond to the Complaint is extended to September 28, 2020. Ordered by Magistrate Judge Peggy Kuo on 9/15/2020. (O'Neil-Berven, Ryan)
September 14, 2020 Filing 19 NOTICE of Appearance by Peter G. Siachos on behalf of IC System, Inc. (aty to be noticed) (Siachos, Peter)
September 9, 2020 Filing 18 MOTION for Extension of Time to File Answer re #1 Complaint, by Bank Of America, N.A.. (Massand, Shan)
September 9, 2020 Opinion or Order ORDER granting #18 Motion for Extension of Time to Answer. The deadline for Defendant Bank Of America, N.A. to answer or otherwise respond to the Complaint is extended to October 15, 2020. Ordered by Magistrate Judge Peggy Kuo on 9/9/2020. (O'Neil-Berven, Ryan)
September 8, 2020 Filing 17 SUMMONS Returned Executed by Yelena Smekodub. IC System, Inc. served on 8/24/2020, answer due 9/14/2020. (Kroub, Edward)
September 8, 2020 Filing 16 SUMMONS Returned Executed by Yelena Smekodub. First Premier Bank served on 8/24/2020, answer due 9/14/2020. (Kroub, Edward)
September 8, 2020 Filing 15 SUMMONS Returned Executed by Yelena Smekodub. Bank Of America, N.A. served on 8/25/2020, answer due 9/15/2020. (Kroub, Edward)
September 1, 2020 Filing 14 WAIVER OF SERVICE Returned Executed by Yelena Smekodub. TD Bank USA, N.A. waiver sent on 9/1/2020, answer due 11/2/2020. (Kroub, Edward)
August 31, 2020 Filing 13 WAIVER OF SERVICE Returned Executed by Yelena Smekodub. Merrick Bank waiver sent on 8/27/2020, answer due 10/26/2020. (Kroub, Edward)
August 28, 2020 Filing 12 Corporate Disclosure Statement by TD Bank USA, N.A. identifying Corporate Parent The Toronto-Dominion Bank, Corporate Parent TD Bank US Holding Company, Corporate Parent TD Group US Holdings LLC for TD Bank USA, N.A.. (Millar, Samantha)
August 28, 2020 Filing 11 NOTICE of Appearance by Samantha Rena Millar on behalf of TD Bank USA, N.A. (aty to be noticed) (Millar, Samantha)
August 28, 2020 Filing 10 NOTICE of Appearance by Ellen Beth Silverman on behalf of TD Bank USA, N.A. (aty to be noticed) (Silverman, Ellen)
August 25, 2020 Filing 9 WAIVER OF SERVICE Returned Executed by Yelena Smekodub. Capital One Bank USA, N.A. waiver sent on 8/25/2020, answer due 10/26/2020. (Kroub, Edward)
August 20, 2020 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge LaShann DeArcy Hall for all further proceedings. Judge William F. Kuntz, II no longer assigned to case 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. Ordered by Chief Judge Roslynn R. Mauskopf on 8/20/2020. (Bowens, Priscilla)
August 19, 2020 Filing 8 Corporate Disclosure Statement by Bank Of America, N.A. identifying Corporate Parent Bank of America Corporation, Corporate Parent BAC North America Holding Company, Corporate Parent Bank of America NA, Corporate Parent NB Holdings Corporation, Other Affiliate Berkshire Hathaway Inc. for Bank Of America, N.A.. (Massand, Shan)
August 19, 2020 Filing 7 NOTICE of Appearance by Shan P. Massand on behalf of Bank Of America, N.A. (aty to be noticed) (Massand, Shan)
August 14, 2020 Filing 6 NOTICE of Appearance by Moshe O. Boroosan on behalf of Yelena Smekodub (aty to be noticed) (Boroosan, Moshe)
August 11, 2020 Opinion or Order Filing 5 SCHEDULING ORDER: A Telephone Initial Conference will be held in this case on November 10, 2020 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 8/11/2020. (O'Neil-Berven, Ryan)
August 10, 2020 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
August 10, 2020 Filing 3 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. (Bowens, Priscilla)
August 10, 2020 Filing 2 Summons Issued as to All Defendants. (Attachments: #1 TD summons, #2 Merrick summons, #3 First summons, #4 Capital summons, #5 BOA summons, #6 IC summons) (Bowens, Priscilla)
August 10, 2020 Filing 1 COMPLAINT against IC System, Inc., Bank Of America, N.A., Capital One Bank USA, N.A., Equifax Information Services, LLC, First Premier Bank, Merrick Bank, TD Bank USA, N.A. filing fee $ 400, receipt number ANYEDC-13186034, filed by Yelena Smekodub. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons) (Kroub, Edward)
August 10, 2020 Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Peggy Kuo. 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. (Bowens, Priscilla)

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Defendant: Capital One Bank USA, N.A.
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Defendant: Bank Of America, N.A.
Represented By: Shan P. Massand
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Defendant: Merrick Bank
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Defendant: IC System, Inc.
Represented By: Peter G. Siachos
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Defendant: Equifax Information Services, LLC
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Defendant: First Premier Bank
Represented By: Justin Ward Lamson
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Defendant: TD Bank USA, N.A.
Represented By: Ellen Beth Silverman
Represented By: Samantha Rena Millar
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Plaintiff: Yelena Smekodub
Represented By: Edward Y. Kroub
Represented By: Moshe O. Boroosan
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