Weber v. Experian Information Solutions, Inc. et al
| Samuel Weber |
| Experian Information Solutions, Inc., Trans Union, LLC., Equifax Information Services, LLC and Goldman Sachs Bank USA |
| 1:2021cv04807 |
| August 25, 2021 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Vera M Scanlon |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Filing 40 CLERK'S JUDGMENT: That Goldman Sachs's motion is granted in part; that the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims; and that the matter is dismissed in its entirety. Signed by Brenna B. Mahoney, Clerk of Court by J. Poveda, Deputy Clerk on 3/24/2023. (ML) |
Filing 39
MEMORANDUM AND ORDER: For the reasons stated in the attached Memorandum and Order, the Court grants Goldman Sachs's #34 motion in part, declines to exercise supplemental jurisdiction over Plaintiff's state law claims, and dismisses the matter in its entirety. The Clerk of Court is respectfully directed to enter judgment accordingly and terminate this action. Ordered by Judge Pamela K. Chen on 3/23/2023. (YB)
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| Filing 38 STIPULATION of Dismissal concerning Equifax by Samuel Weber (Fishbein, Adam) |
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Order: The #38 Stipulation is So Ordered. Equifax Information Services, LLC is terminated from this case. Ordered by Judge Pamela K. Chen on 7/11/2022. (Kim, Eliot)
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ORDER. Plaintiff reported a settlement with Equifax as of 1/28/2022 at #24 but has failed to file the stipulation of dismissal. On or before 7/15/2022, the parties are to file the stipulation of dismissal pertaining to Plaintiff's claims against Equifax. Ordered by Magistrate Judge Vera M. Scanlon on 7/6/2022. (Lozar, Ryan)
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| Filing 37 RESPONSE in Opposition re #34 MOTION to Dismiss Plaintiff's Amended Complaint filed by Samuel Weber. (Fishbein, Adam) |
| Filing 36 NOTICE by Goldman Sachs Bank USA re #35 Reply in Support (Request for Judicial Notice) (Attachments: #1 Exhibit A - Apple Card Customer Agreement) (Rao, Arjun) |
| Filing 35 REPLY in Support re #34 MOTION to Dismiss Plaintiff's Amended Complaint filed by Goldman Sachs Bank USA. (Rao, Arjun) |
| Filing 34 MOTION to Dismiss Plaintiff's Amended Complaint by Goldman Sachs Bank USA. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Proposed Order) (Rao, Arjun) |
| Filing 33 Amended MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File Response/Reply,,, and Certificate of Service of the Response to Motion to Dismiss by Samuel Weber. (Fishbein, Adam) |
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ORDER: Plaintiff's #32 #33 Motions for Extension of Time are GRANTED nunc pro tunc. By 4/8/2022, Plaintiff shall file a response to Defendant's motion. By 4/26/2022, Defendant shall file its reply, if any. As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed, as a letter, not as a motion. On the day the motion is fully briefed, the parties should electronically file their papers in accordance with the Court's individual practices and rules. Ordered by Judge Pamela K. Chen on 4/8/2022. (Kim, Eliot) Modified on 4/20/2022 to correct typographical error. (Gonzalez, Fida)
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| Filing 32 MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File Response/Reply,,, by Samuel Weber. (Fishbein, Adam) |
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ORDER: Plaintiff's #31 Motion for Extension is granted. By 4/1/2022, Plaintiff shall file a response to Defendant's motion. By 4/15/2022, Defendant shall file its reply, if any. As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed, as a letter, not as a motion. On the day the motion is fully briefed, the parties should electronically file their papers in accordance with the Court's individual practices and rules. Ordered by Judge Pamela K. Chen on 3/23/2022. (Sharon, William)
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| Filing 31 MOTION for Extension of Time to File Response/Reply as to Scheduling Order,,, by Samuel Weber. (Fishbein, Adam) |
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ORDER: As discussed during the 3/3/2022 conference, in light of the pending briefing for the motion to dismiss, on consent, the discovery is stayed until the motion is decided. Ordered by Magistrate Judge Vera M. Scanlon on 3/3/2022. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 3/3/2022. Adam Jon Fishbein appearing for Plaintiff. Ali Fesharaki appearing for Defendant Goldman Sachs Bank. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:10-11:13.) (Quinlan, Krista) |
| Filing 30 Proposed Scheduling Order by Goldman Sachs Bank USA (Rao, Arjun) |
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ORDER: The #29 Stipulation is So Ordered. Experian Information Solutions, Inc. is terminated from this case. Ordered by Judge Pamela K. Chen on 2/20/2022. (Sharon, William)
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| Filing 29 STIPULATION of Dismissal with Prejudice by Experian Information Solutions, Inc. (Tobitsch, Kerianne) |
| Filing 28 Letter Regarding Experian's Motion to Dismiss Amended Complaint by Experian Information Solutions, Inc. (Tobitsch, Kerianne) |
| Filing 27 Letter Regarding Motion to Dismiss Plaintiff's Amended Complaint by Goldman Sachs Bank USA (Rao, Arjun) |
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ORDER: In accordance with the #26 Notice of Voluntary Dismissal, the claims against Trans Union, LLC. are dismissed with prejudice. Ordered by Judge Pamela K. Chen on 2/18/2022. (Gonzalez, Fida)
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STATUS REPORT ORDER: At #25 , Plaintiff states that this matter has settled as to Defendant Equifax. On or before 4/1/2022, the Parties will file their stipulation of dismissal. Ordered by Magistrate Judge Vera M. Scanlon on 2/15/2022. (Quinlan, Krista)
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| Filing 26 NOTICE of Voluntary Dismissal by Samuel Weber concerning TransUnion (Fishbein, Adam) |
| Filing 25 STATUS REPORT by Samuel Weber (Fishbein, Adam) |
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STATUS REPORT ORDER: At #24 , Plaintiff states that this matter has settled as to Trans Union and Equifax. On or before 2/14/2022, the Parties will file their stipulation of dismissal. Ordered by Magistrate Judge Vera M. Scanlon on 1/31/2022. (Quinlan, Krista)
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| Filing 24 NOTICE of Settlement concerning Trans Union and Equifax by Samuel Weber (Fishbein, Adam) |
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SCHEDULING ORDER: The parties' #23 proposed briefing schedule is So Ordered. By 2/18/2022, Defendants Experian Information Solutions, Inc. and Goldman Sachs Bank USA shall file their motions to dismiss. By 3/18/2022, Plaintiff shall file a response. By 4/1/2022, Defendants shall file their replies, if any. As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed, as a letter, not as a motion. On the day the motion is fully briefed, the parties should electronically file their papers in accordance with the Court's individual practices and rules.Ordered by Judge Pamela K. Chen on 1/26/2022. (Sharon, William)
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| Filing 23 Letter Re: Proposed Briefing Schedule Regarding Motions To Dismiss by Goldman Sachs Bank USA (Rao, Arjun) |
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ORDER: Defendants' #19 and #21 Motions for pre-motion conference are denied as unnecessary. By 1/28/2022, Plaintiff and Defendants Experian Information Solutions, Inc. and Goldman Sachs Bank USA, shall propose a briefing schedule regarding those Defendants' anticipated motions to dismiss. Also by 1/28/2022, Plaintiff shall advise the Court whether he intends to proceed against Defendant Trans Union, LLC. Finally, by 2/4/2022, Defendant Equifax Information Services, LLC ("Equifax") shall either answer the #18 Amended Complaint or advise the Court that it intends to file a motion. If Equifax fails to do so, it may be found to be in default. Ordered by Judge Pamela K. Chen on 1/21/2022. (Sharon, William)
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| Filing 22 RESPONSE to Motion re #21 Letter MOTION for pre motion conference for motion to dismiss the Amended Complaint filed by Samuel Weber. (Fishbein, Adam) |
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ORDER: The Court notes that Plaintiff has not responded to Defendant's #21 motion for a pre-motion conference, as required by the Court's individual rules. The Court sua sponte extends the deadline for Plaintiff to file a response until 1/19/2022. Ordered by Judge Pamela K. Chen on 1/11/2022. (Sharon, William)
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| Filing 21 Letter MOTION for pre motion conference for motion to dismiss the Amended Complaint by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 20 RESPONSE to Motion re #19 Letter MOTION for pre motion conference re #18 Amended Complaint filed by Samuel Weber. (Fishbein, Adam) |
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ORDER: The Court notes that Plaintiff has not responded to Defendant's #19 motion for a pre-motion conference, as required by the Court's individual rules. The Court sua sponte extends the deadline for Plaintiff to file a response until 12/31/2021. Ordered by Judge Pamela K. Chen on 12/22/2021. (Sharon, William)
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| Filing 19 Letter MOTION for pre motion conference re #18 Amended Complaint by Goldman Sachs Bank USA. (Rao, Arjun) |
| Filing 18 AMENDED COMPLAINT against Equifax Information Services, LLC, Experian Information Solutions, Inc., Goldman Sachs Bank USA, Trans Union, LLC., filed by Samuel Weber. (Attachments: #1 Exhibit Documents) (Fishbein, Adam) |
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ORDER granting #17 Consent Motion for Extension of Time to Answer. Experian Information Solutions, Inc. answer due 1/4/2022. Ordered by Magistrate Judge Vera M. Scanlon on 11/16/2021. (Lozar, Ryan)
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| Filing 17 Consent MOTION for Extension of Time to File Answer by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 16 NOTICE of Appearance by Kerianne Tobitsch on behalf of Experian Information Solutions, Inc. (aty to be noticed) (Tobitsch, Kerianne) |
| Filing 15 NOTICE of Appearance by Ali Fesharaki on behalf of Goldman Sachs Bank USA (notification declined or already on case) (Fesharaki, Ali) |
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ORDER granting #14 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 11/9/2021. (Lozar, Ryan)
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| Filing 14 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15008769. by Goldman Sachs Bank USA. (Attachments: #1 Affidavit of Ali Fesharaki in Support of Motion to be admitted Pro Hac Vice, #2 Certificate of Good Standing) (Fesharaki, Ali) |
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Filing 13
ORDER: As set forth in the attached Order, a Telephonic Initial Conference is scheduled for 3/3/2022 at 11:00 AM before Magistrate Judge Vera M. Scanlon. The parties must complete the attached joint proposed scheduling order and file on ECF no later than 2/22/2022. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Please do not use the speaker function on your phone, remember to identify yourselves every time you speak, and speak slowly and deliberately for purposes of the record. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Plaintiff is directed to deliver a copy of this Order upon any Defendants who have not yet appeared and file proof of service on the docket. Ordered by Magistrate Judge Vera M. Scanlon on 11/5/2021. (Lozar, Ryan)
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| Filing 12 SUMMONS Returned Executed by Samuel Weber. Experian Information Solutions, Inc. served on 9/7/2021, answer due 9/28/2021. (Fishbein, Adam) |
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ORDER: In light of Plaintiff's #11 Response to the #7 Motion for premotion conference by Defendant Goldman Sachs Bank USA, in which Plaintiff indicates that he "is prepared and can at this time file an amended complaint," the Court denies the #7 Motion as unnecessary. Plaintiff is directed to file an amended complaint by 11/26/2021. Defendant may renew its request for a premotion conference after that date. Ordered by Judge Pamela K. Chen on 10/26/2021. (Sharon, William)
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| Filing 11 RESPONSE to Motion re #7 Letter MOTION for pre motion conference re #1 Complaint, filed by Samuel Weber. (Fishbein, Adam) |
| Filing 10 ANSWER to #1 Complaint, by Equifax Information Services, LLC. (Brownstein, Boris) |
| Filing 9 Corporate Disclosure Statement by Equifax Information Services, LLC identifying Corporate Parent Equifax Inc. for Equifax Information Services, LLC. (Brownstein, Boris) |
| Filing 8 Corporate Disclosure Statement by Goldman Sachs Bank USA identifying Corporate Parent The Goldman Sachs Group, Inc. for Goldman Sachs Bank USA. (Rao, Arjun) |
| Filing 7 Letter MOTION for pre motion conference re #1 Complaint, by Goldman Sachs Bank USA. (Rao, Arjun) |
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ORDER granting #6 Motion for Extension of Time to Answer. Goldman Sachs Bank USA answer due 10/15/2021. Ordered by Magistrate Judge Vera M. Scanlon on 9/28/2021. (Lozar, Ryan)
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| Filing 6 MOTION for Extension of Time to File Answer re #1 Complaint, by Goldman Sachs Bank USA. (Rao, Arjun) |
| Filing 5 Summons Issued as to Equifax Information Services, LLC, Experian Information Solutions, Inc., Goldman Sachs Bank USA, Trans Union, LLC.. (Layne, Monique) |
| Filing 4 Proposed Summons. by Samuel Weber (Fishbein, Adam) |
| 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. (Neptune, Pierre) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, attach a rider to the summons with the name and addresses of all defendants included; caption error - proposed summons caption should match pleading caption or enter 'Experian Information Solutions, Inc. et al' in defendant section of caption. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Neptune, Pierre) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Vera M. Scanlon. 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. (Neptune, Pierre) |
| Filing 1 COMPLAINT against Equifax Information Services, LLC, Experian Information Solutions, Inc., Goldman Sachs Bank USA, Trans Union, LLC. filing fee $ 402, receipt number ANYEDC-14785154 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Samuel Weber. (Attachments: #1 Proposed Summons Experian, #2 Proposed Summons Trans Union, #3 Proposed Summons Equifax, #4 Proposed Summons Goldman Sachs, #5 Civil Cover Sheet) (Fishbein, Adam) |
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