Struggs v. Wells Fargo Bank, N.A. et al
| Jeffrey Struggs |
| Wells Fargo Bank, N.A., Select Portfolio Servicing, Inc., Equifax Information Services, Inc., Experian Information Solutions, Inc. and TransUnion, LLC. |
| 1:2023cv00328 |
| January 18, 2023 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Peggy Kuo |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| None |
Docket Report
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This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
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ORDER re: #19 Letter MOTION for pre motion conference, #20 Letter MOTION for pre motion conference -- On March 6, 2023, Defendants Experian Information Solutions, Inc. and Wells Fargo Bank, N.A. filed letter motions requesting a pre-motion conference in anticipation of filing their respective motions to dismiss. See ECF Nos. 19, 20. To date, Plaintiff has failed to file any response to the letter motions, as required by the undersigned's Individual Practice Rules. See Individual Practice Rule III.A. Plaintiff is directed to respond to the #19 , #20 letter motions for a pre-motion conference by March 22, 2023. Ordered by Judge Diane Gujarati on 3/17/2023. (KA)
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SCHEDULING ORDER: The Initial Conference by telephone previously scheduled for March 23, 2023 is adjourned to April 14, 2023 at 11:30 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)By April 7, 2023, all parties must meet and confer and file a joint 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. Ordered by Magistrate Judge Peggy Kuo on 3/7/2023. (RO)
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| Filing 20 Letter MOTION for pre motion conference in anticipation of filing a Motion to Dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6), by Wells Fargo Bank, N.A.. (Smedley, Angela) |
| Filing 19 Letter MOTION for pre motion conference in anticipation of a Rule 12(b)(6) Motion to Dismiss by Experian Information Solutions, Inc.. (Dorfman, Victoria) |
| Filing 18 NOTICE of Appearance by Victoria Dorfman on behalf of Experian Information Solutions, Inc. (aty to be noticed) (Dorfman, Victoria) |
| Filing 17 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, Complaint by Select Portfolio Servicing, Inc.. (Newman, Ashley) |
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ORDER granting #17 Motion for Extension of Time to Answer. The deadline for defendant Select Portfolio Servicing, Inc. to answer or otherwise respond to the Complaint is extended to March 26, 2023. Ordered by Magistrate Judge Peggy Kuo on 2/17/2023. (RO)
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| Filing 16 ANSWER to Complaint And Affirmative Defenses by TransUnion, LLC.. (Nicodemus, Camille) |
| Filing 15 NOTICE of Appearance by Han Sheng Beh on behalf of Select Portfolio Servicing, Inc. (aty to be noticed) (Attachments: #1 Affidavit Affidavit of Service) (Beh, Han) |
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ORDER granting #13 Motion for Extension of Time to Answer. The deadline for defendant Select Portfolio Servicing, Inc. to answer or otherwise respond to the Complaint is extended to February 24, 2023. Ordered by Magistrate Judge Peggy Kuo on 1/24/2023. (RO)
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ORDER granting #14 Motion for Extension of Time to Answer. The deadline for defendant Wells Fargo Bank, N.A. to answer or otherwise respond to the Complaint is extended to March 6, 2023. Ordered by Magistrate Judge Peggy Kuo on 1/24/2023. (RO)
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| Filing 14 Consent MOTION for Extension of Time to File Response to Complaint until and including March 6, 2023 by Wells Fargo Bank, N.A.. (Smedley, Angela) Modified on 1/24/2023 to correct motion type (RO). |
| Filing 13 First MOTION for Extension of Time to File Answer by 30 day by Select Portfolio Servicing, Inc.. (Newman, Ashley) |
| Filing 12 NOTICE of Appearance by Ashley Newman on behalf of Select Portfolio Servicing, Inc. (notification declined or already on case) (Attachments: #1 Affidavit of Service) (Newman, Ashley) |
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Filing 11
SCHEDULING ORDER: An Initial Conference will be held in this case on March 23, 2023 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By March 17, 2023, 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. Ordered by Magistrate Judge Peggy Kuo on 1/23/2023. (RO)
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ORDER granting #10 Motion for Extension of Time to Answer. The deadline for defendant Experian Information Solutions, Inc. to answer or otherwise respond to the Complaint is extended to March 6, 2023. Ordered by Magistrate Judge Peggy Kuo on 1/23/2023. (RO)
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| Filing 10 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, until and including March 6, 2023 by Experian Information Solutions, Inc.. (Weinstein, Brett) |
| 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.. (Weinstein, Brett) |
| Filing 8 NOTICE of Appearance by Brett Michael Weinstein on behalf of Experian Information Solutions, Inc. (aty to be noticed) (Weinstein, Brett) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 6 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. (SR) |
| Filing 5 Corporate Disclosure Statement by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. (Smedley, Angela) |
| Filing 4 NOTICE of Appearance by Angela A Smedley on behalf of Wells Fargo Bank, N.A. (aty to be noticed) (Smedley, Angela) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SR) |
| Filing 3 Corporate Disclosure Statement by TransUnion, LLC. identifying Corporate Parent Trans Union Intermediate Holdings, Inc., Corporate Parent TransUnion, Other Affiliate T. Rowe Price Group, Inc. for TransUnion, LLC.. (Nicodemus, Camille) |
| Filing 2 NOTICE of Appearance by Camille Renee Nicodemus on behalf of TransUnion, LLC. (aty to be noticed) (Nicodemus, Camille) |
| Case Assigned to Judge Diane Gujarati 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. (SR) |
| Filing 1 NOTICE OF REMOVAL by Select Portfolio Servicing, Inc. ( Filing fee $ 402 receipt number ANYEDC-16317471) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - FCRA Complaint, #3 Exhibit B - Defendant's Consent for Removal) (Newman, Ashley) |
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