Dupervil v. Experian Information Solution Inc et al
| Xavier Dupervil |
| Experian Information Solution Inc, Equifax Information Services LLC and Trans Union LLC |
| 1:2023cv07906 |
| October 24, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
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ORDER: On 11/14/2023, Defendants Equifax Information Services LLC and Trans Union LLC filed answers to plaintiff's #1 complaint. See Dkts. # #13 , #17 . On 12/14/2023, Defendant Experian Information Solution Inc. filed a motion to dismiss plaintiff's #1 complaint under Federal Rule of Civil Procedure 12(b)(6). See Dkt. #19 . Finally, on 12/14/2023, plaintiff filed an amended complaint that adds new allegations against each defendant. See #21 Am. Compl. 9. Even assuming leave to amend is required under these circumstance as to at least some defendants, plaintiff is granted leave to file the amended complaint under the "liberal" and "permissive" standard for amendment under Rule 15(a)(2). Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (citation omitted). By 1/10/2023, defendants may file updated responses to plaintiff's #21 amended complaint. In the event that defendants do not file updated responses, the Court will construe the #13 , #17 answers and the #19 motion to dismiss as directed at the #21 amended complaint. The 12/15/2023 scheduling order setting a briefing schedule for the #19 motion to dismiss is stayed. Ordered by Judge Rachel P. Kovner on 12/21/2023. (SP)
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SCHEDULING ORDER: Plaintiff shall file a response to defendant Experian Information Solution Inc.'s #19 motion to dismiss by 1/12/2024. Defendant may file a reply, if any, by 1/19/2024. Ordered by Judge Rachel P. Kovner on 12/15/2023. (SP)
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| Filing 21 AMENDED COMPLAINT against Equifax Information Services LLC, Experian Information Solution Inc, Trans Union LLC, filed by Xavier Dupervil. (IH) |
| Filing 20 MEMORANDUM in Support re #19 Notice of MOTION to Dismiss for Failure to State a Claim filed by Experian Information Solution Inc. (Nugent, Katherine) |
| Filing 19 Notice of MOTION to Dismiss for Failure to State a Claim by Experian Information Solution Inc. (Nugent, Katherine) |
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Filing 18
ORDER: Defendant Trans Union LLC's request for an extension of time to respond to plaintiff's complaint, ECF No. #15 , is denied as moot. Defendant Trans Union LLC answered plaintiff's complaint on November 14, 2023. ECF No. #17 . See attached Order. Ordered by Magistrate Judge Lois Bloom on 11/16/2023. (VP)
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| Filing 17 ANSWER to #1 Complaint And Affirmative Defenses by Trans Union LLC. (Nicodemus, Camille) |
| Filing 16 Corporate Disclosure Statement by Equifax Information Services LLC identifying Corporate Parent Equifax, Inc. for Equifax Information Services LLC, Equifax Information Services LLC. (Spano, Frank) |
| Filing 15 Letter MOTION for Extension of Time to File Answer re #1 Complaint by Trans Union LLC. (Nicodemus, Camille) |
| Filing 14 NOTICE of Appearance by Frank Thomas Spano on behalf of Equifax Information Services LLC (notification declined or already on case) (Spano, Frank) |
| Filing 13 Defendant, Equifax Information Services LLC ANSWER to #1 Complaint of Xavier Dupervil, First COUNTERCLAIM against Xavier Dupervil by Equifax Information Services LLC. (Spano, Frank) |
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Filing 12
ORDER: Defendant Experian Information Solutions, Inc. requests an extension of time to respond to plaintiff's complaint. ECF No. #11 . 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 December 14, 2023. See attached Order. Ordered by Magistrate Judge Lois Bloom on 11/7/2023. (VP)
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| Filing 11 Letter MOTION for Extension of Time to File Answer re #1 Complaint by Experian Information Solution Inc. (Nugent, Katherine) Modified on 11/6/2023 (CV). Modified on 11/6/2023 (CV). Modified on 11/6/2023 (CV). |
| Filing 10 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) Modified on 11/6/2023 (CV). |
| Filing 9 NOTICE of Appearance by Katherine E. Nugent on behalf of Experian Information Solution Inc (aty to be noticed) (Nugent, Katherine) Modified on 11/6/2023 (CV). |
| Filing 6 Corporate Disclosure Statement by Trans Union LLC identifying Corporate Parent Trans Union Intermediate Holdings, Inc., Corporate Parent TransUnion, Other Affiliate T. Rowe Price Group, Inc. for Trans Union LLC. (Nicodemus, Camille) |
| Filing 5 NOTICE of Appearance by Camille Renee Nicodemus on behalf of Trans Union LLC (aty to be noticed) (Nicodemus, Camille) |
| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) |
| Filing 7 SUMMONS Returned Executed by Xavier Dupervil. Equifax Information Services LLC served on 10/24/2023, answer due 11/14/2023; Trans Union LLC served on 10/24/2023, answer due 11/14/2023. (IH) |
| Filing 3 Summons Issued as to All Defendants. (CV) |
| Filing 2 FILING FEE: $ 402.00, receipt number 100010381 (CV) |
| Filing 1 COMPLAINT against All Defendants, filed by Xavier Dupervil. (Attachments: #1 Civil Cover Sheet, #2 Affidavit, #3 Exhibit Electronic Consent) (CV) |
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