Enmanuel v. First Premier Bank et al
| Reynoso Enmanuel |
| First Premier Bank, Experian Information Solutions, Inc. and Trans Union, LLC |
| 1:2023cv00198 |
| January 11, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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ORDER: In light of Plaintiff's letter addressing the standing issues raised by the Court, see ECF No. #16 , which includes a proposed amended complaint, the Court sua sponte adjourns the deadline for Defendant Experian Information Solutions, Inc. to respond to Plaintiff's complaint sine die.Defendants Experian Information Solutions and First Premier Bank shall each file on or before March 17, 2023, separate letters each not exceeding three pages explaining whether they: (i) oppose Plaintiff's request for leave to file the proposed amended complaint, and (ii) intend to move to dismiss Plaintiff's complaint or amended complaint pursuant to Rule 12(b)(1) or on any other grounds. If either Defendant intends to move to dismiss Plaintiff's complaint or amended complaint, that Defendant's letter shall explain the legal basis supporting its anticipated motion to dismiss with citations to applicable case law or other authorities.Since Defendant First Premier Bank has not yet filed a notice of appearance, Plaintiff's counsel shall forward a copy of this order to counsel for First Premier Bank as soon as reasonably possible. Ordered by Judge Hector Gonzalez on 3/10/2023. (BH)
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| Filing 16 Letter re: Plaintiff's Response re: Article III Standing by Reynoso Enmanuel (Attachments: #1 Exhibit A re: Proposed First Amended Complaint) (Tariq, Subhan) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms.Counsel are directed to select a mediator from the EDNY Panel and schedule the initial mediation session. A list of Panel Mediators featuring their qualifications, areas of expertise, and contact information can be found at https://www.nyed.uscourts.gov/adr/. Once the mediator has been selected, counsel are directed to file the name of the mediator, date, time, and place of the initial mediation session via CM/ECF using the event Selection of Mediator. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1). Mediation is a confidential process. All participants, including the mediator, must sign the Confidentiality Stipulation (available at: https://www.nyed.uscourts.gov/adr-forms). The signed Confidentiality Stipulation should be returned to the ADR Department at: nyed_adr@nyed.uscourts.gov prior to the initial mediation session. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks of the final mediation session. (TP) |
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ORDER Referring Case to the Court-Annexed Mediation Program: Pursuant to the parties' jointly proposed case management plan, see ECF No. #13 , the Court refers this case to the Court-Annexed Mediation Program. The parties shall select a mediator by March 15, 2023, and complete their mediation by April 27, 2023.The parties shall pursue their discovery obligations concurrently with their participation in the mediation program. The Court will not extend the deadlines in its current scheduling order, see ECF No. #14 , for fact or expert discovery unless the parties demonstrate good cause, and the fact that the parties have been pursuing mediation or other settlement negotiations will not by itself constitute good cause. Ordered by Judge Hector Gonzalez on 3/1/2023. (BH)
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Filing 15
ORDER: As further explained in the accompanying order, Plaintiff shall file a letter no longer than three pages on or before March 8, 2023, explaining how his complaint adequately alleges a concrete harm required to establish Article III standing according to the standard expressed by the Supreme Court in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021), and the Second Circuit in Maddox v. Bank of N.Y. Mellon Tr. Co., N.A., 19 F.4th 58 (2d Cir. 2021). Alternatively, Plaintiff shall explain whether and how his complaint can be amended to allege a concrete harm sufficient to confer standing.If Plaintiff fails timely to file the letter required by this order, or to seek an extension of his deadline to do so, the Court will take under consideration whether to dismiss Plaintiff's complaint, pursuant to the Court's obligation to assess its subject matter jurisdiction sua sponte, and may dismiss Plaintiff's complaint without giving Plaintiff a further opportunity to be heard on the issue of standing. Ordered by Judge Hector Gonzalez on 2/28/2023. (BH)
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Filing 14
SCHEDULING ORDER: The Court adopts the parties' proposed case management plan, see ECF No. #13 , as the Court's scheduling order required by Rule 16(b). Given the significant time afforded by these deadlines, the parties are advised that any extensions are unlikely in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 2/28/2023. (BH)
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| Filing 13 Proposed Scheduling Order by Reynoso Enmanuel (Tariq, Subhan) |
| Filing 12 Letter by Reynoso Enmanuel (Tariq, Subhan) |
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ORDER: In light of Plaintiff's letter stating that Plaintiff has reached a settlement in principle with Defendant Trans Union, LLC, see ECF No. #11 , Plaintiff shall file a notice or stipulation of voluntary dismissal that complies with Rule 41 with respect to Plaintiff's claims against Defendant Trans Union on or before March 9, 2023. If Plaintiff files a stipulation of dismissal, it must be signed by all parties who have appeared as of that date.Plaintiff and Defendants First Premier Bank and Experian Information Solutions, Inc. must still file the joint letter and case management plan required by the Court's prior order, see ECF No. #5 , on or before February 27, 2023. Ordered by Judge Hector Gonzalez on 2/7/2023. (BH)
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| Filing 11 NOTICE of Settlement as to Trans Union, LLC only by Reynoso Enmanuel (Tariq, Subhan) |
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ORDER: The Court grants the motion made by Defendant Experian Information Solutions, Inc. to extend its deadline to answer Plaintiff's complaint. See ECF No. #10 . Defendant Experian shall file an answer or otherwise respond to Plaintiff's complaint on or before March 13, 2023. The parties' deadline to file the joint letter and case management plan required by the Court's prior scheduling order, see ECF No. #5 , remains February 27, 2023, because the Court does not need Defendants' answers to set a discovery schedule. Ordered by Judge Hector Gonzalez on 2/1/2023. (BH)
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| Filing 10 MOTION for Extension of Time to File Answer by Experian Information Solutions, Inc.. (Pincus, Jennifer) |
| 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.. (Pincus, Jennifer) |
| Filing 8 NOTICE of Appearance by Jennifer Pincus on behalf of Experian Information Solutions, Inc. (aty to be noticed) (Pincus, Jennifer) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Reynoso Enmanuel. First Premier Bank waiver sent on 1/23/2023, answer due 3/24/2023. (Tariq, Subhan) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Reynoso Enmanuel. Trans Union, LLC waiver sent on 1/23/2023, answer due 3/24/2023. (Tariq, Subhan) |
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Filing 5
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by February 27, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 1/12/2023. (BH)
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| Filing 4 Summons Issued as to Experian Information Solutions, Inc., First Premier Bank, Trans Union, LLC. (Attachments: #1 Summons, #2 Summons) (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Case Assigned to Judge Hector Gonzalez. 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. (KD) |
| Filing 1 COMPLAINT against Experian Information Solutions, Inc., First Premier Bank, Trans Union, LLC filing fee $ 402, receipt number ANYEDC-16301306 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Reynoso Enmanuel. (Attachments: #1 Proposed Summons re First Premier Bank, #2 Proposed Summons re Experian Information Solutions, Inc., #3 Proposed Summons re Trans Union, LLC, #4 Civil Cover Sheet) (Tariq, Subhan) |
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