Dupervil v. Experian Information Solution Inc et al
| Xavier Dupervil |
| Experian Information Solution Inc, Equifax Inc., Transunion Risk and Alternative Data Solutions, Capital One Bank (USA)NA and Transunion LLC |
| 1:2023cv01644 |
| February 27, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
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ORDER DISMISSING PARTY: The Court is in receipt of plaintiffs 41 notice of voluntary dismissal with respect to non-appearing defendant Equifax. Because Equifax has not serve[d] either an answer or a motion for summary judgment, Fed. R. Civ. P. 41(a)(1)(A)(i), the notice of voluntary dismissal is so-ordered, and Equifax is dismissed from the action with prejudice. Plaintiffs letter also asks the Court to retain jurisdiction to enforce the settlement agreement with Equifax. The Court does not generally retain jurisdiction over the enforcement of settlement agreements and it declines to do so in this case. Ordered by Judge Rachel P. Kovner on 4/27/2023. (SDC)
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Filing 26
ORDER: Defendant Capital One, N.A. requests, with plaintiff's consent, an extension of time to respond to plaintiff's complaint. ECF No. #21 . The request is granted. Defendant shall respond to the complaint by May 30, 2023. See attached Order. Ordered by Magistrate Judge Lois Bloom on 4/26/2023. (VP) Modified to reflect correct signed date on Order, on 4/27/2023 (VM).
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| Filing 25 NOTICE of Voluntary Dismissal as to Equifax Information Services ONLY, filed by Xavier Dupervil. (GA) |
| Filing 24 CERTIFICATE OF SERVICE by Capital One Bank (USA)NA re #22 Corporate Disclosure Statement, #20 Notice of Appearance, #21 Letter MOTION for Extension of Time to File Answer re #1 Complaint (Goldstein, Philip) |
| Filing 23 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 22 Corporate Disclosure Statement by Capital One Bank (USA)NA identifying Corporate Parent Capital One Financial Corporation for Capital One Bank (USA)NA. (Goldstein, Philip) |
| Filing 21 Letter MOTION for Extension of Time to File Answer re #1 Complaint by Capital One Bank (USA)NA. (Goldstein, Philip) |
| Filing 20 NOTICE of Appearance by Philip A. Goldstein on behalf of Capital One Bank (USA)NA (aty to be noticed) (Goldstein, Philip) |
| Filing 19 ANSWER to #6 Amended Complaint And Affirmative Defenses by Transunion LLC. (Nicodemus, Camille) |
| Filing 18 SUMMONS Returned Executed by Xavier Dupervil. Capital One Bank (USA)NA served on 4/7/2023, answer due 4/28/2023. (IH) |
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Filing 17
ORDER: Defendant Experian Information Solutions, Inc. requests an extension of time to respond to plaintiff's complaint. ECF No. #16 . Although plaintiff does not consent, as it is defendant's first request, and such requests are generally granted as a courtesy, defendant's request is granted. Defendant shall respond to the complaint by May 30, 2023. See attached Order. Ordered by Magistrate Judge Lois Bloom on 4/17/2023. (VP)
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| Filing 16 Letter MOTION for Extension of Time to File Answer re #6 Amended Complaint by Experian Information Solution Inc. (Nugent, Katherine) |
| Filing 15 Corporate Disclosure Statement by Experian Information Solution 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 Solution Inc. (Nugent, Katherine) |
| Filing 14 NOTICE of Appearance by Katherine E. Nugent on behalf of Experian Information Solution Inc (aty to be noticed) (Nugent, Katherine) |
| Filing 13 SUMMONS Returned Executed by Xavier Dupervil. Experian Information Solution Inc served on 4/7/2023, answer due 4/28/2023. (VM) |
| Filing 12 SUMMONS Returned Executed by Xavier Dupervil. Equifax Inc. served on 4/5/2023, answer due 4/26/2023; Transunion LLC served on 4/5/2023, answer due 4/26/2023. (VM) |
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Filing 11
ORDER: The Honorable Rachel P. Kovner, United States District Judge, has assigned this case to me for all pretrial purposes. Enclosed is a copy of the "Individual Practices of Magistrate Judge Lois Bloom." Plaintiff and defendants, alike, are required to follow these rules. Plaintiff is to provide a copy of this Order and the enclosed rules to defendants along with the summons and complaint.Pro se plaintiff filed the complaint in this action on February 27, 2023.1 ECF No. #1 . The Clerk of Court issued summonses for plaintiff to serve defendants on March 31, 2023. ECF No. #8 . Plaintiff shall have 90 days from March 31, 2023, to serve defendants and file proof of proper service with the Court. Accordingly, if proper service is not made upon defendants by June 29, 2023, or if plaintiff fails to show good cause why such service has not been effected by that date, I shall recommend that the Court should dismiss this action without prejudice. See attached Order. Ordered by Magistrate Judge Lois Bloom on 4/7/2023. (VP)
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ORDER: Plaintiffs #9 motion to withdraw his #5 application to proceed in forma pauperis is granted. The motion is accordingly withdrawn. Ordered by Judge Rachel P. Kovner on 4/4/2023. (SDC)
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ORDER: Plaintiff has filed a document at #7 styled as a motion to amend, correct, or supplement his #6 amended complaint. The one-page document appears to contain mailing addresses for the four defendants named in the amended complaint, along with a request that this page be add[ed] to the amended complaint. The Federal Rules of Civil Procedure do not require a complaint to list an address for each defendant, see Fed. R. Civ. P. 10(a), and a summons has already been issued to all defendants at the addresses listed, see Summons (Dkt. #8). Accordingly, the Court construes this document as a letter advising the Clerks office of defendants addresses, and, so construed, the document is accepted for filing. The document is accordingly terminated as a pending motion. Ordered by Judge Rachel P. Kovner on 4/4/2023. (SDC)
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| Filing 10 FILING FEE: $ 402.00, receipt number 100005875 (IH) |
| Filing 9 MOTION to Withdraw #5 MOTION for Leave to Proceed in forma pauperis by Xavier Dupervil. (IH) |
| Filing 8 Summons Issued as to Capital One Bank (USA)NA, Equifax Inc., Experian Information Solution Inc, Transunion LLC. (IH) |
| Filing 7 MOTION to Amend/Correct/Supplement #6 Amended Complaint by Xavier Dupervil. (IH) |
| Filing 6 AMENDED COMPLAINT against Capital One Bank (USA)NA, Equifax Inc., Experian Information Solution Inc, Transunion LLC, filed by Xavier Dupervil. (IH) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Xavier Dupervil. (IH) |
| Filing 4 Pro Se Consent to Electronic Notification by Xavier Dupervil (IH) |
| 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. (KD) |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Lois Bloom (as related to 23-cv-1643) for all further proceedings. Magistrate Judge Cheryl L. Pollak 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 Margo K. Brodie on 3/8/2023. (KD)
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| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Mailed out on 3/3/2023 (KD) |
| Filing 1 COMPLAINT against Capital One Bank (USA)NA, Equifax Inc., Experian Information Solution Inc, Transunion Risk and Alternative Data Solutions, filed by Xavier Dupervil. (Attachments: #1 Civil Cover Sheet) (KD) |
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