Gordon v. Capital One Bank, N.A. et al
| Tobiann Dyer Gordon |
| Capital One Bank, N.A., Equifax Information Services, LLC, Experian Information Solutions, Inc. and Trans Union, LLC |
| 1:2023cv08636 |
| November 21, 2023 |
| US District Court for the Eastern District of New York |
| Taryn A Merkl |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.
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Order Dismissing Parties. Experian Information Solutions, Inc. is hereby terminated for the docket. Ordered by Magistrate Judge Taryn A. Merkl on 1/19/2024. (RC)
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| Filing 16 NOTICE of Voluntary Dismissal by Tobiann Dyer Gordon As to Experian Information Solutions, Inc. (Cesar, Alain) |
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ORDER: Motion to withdraw #15 is granted. The Clerk of Court is respectfully directed to terminate Lauren Valle as counsel of record for Defendant Capital One Bank, N.A. Ordered by Magistrate Judge Taryn A. Merkl on 1/16/2024. (ES)
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| Filing 15 MOTION to Withdraw as Attorney by Capital One Bank, N.A.. (Valle, Lauren) |
| Filing 14 NOTICE of Appearance by Andrew K. Stutzman on behalf of Capital One Bank, N.A. (aty to be noticed) (Stutzman, Andrew) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Tobiann Dyer Gordon. Equifax Information Services, LLC waiver sent on 1/2/2024, answer due 3/4/2024. (Cesar, Alain) |
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ORDER: The Court is in receipt of Plaintiff's Notice of Voluntary Dismissal as to Defendant Trans Union, LLC #11 . The Clerk of Court is directed to terminate Defendant Trans Union, LLC. Ordered by Magistrate Judge Taryn A. Merkl on 1/4/2024. (ES)
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ORDER: The Court is in receipt of Plaintiff's status report #12 , indicating that Plaintiff is in active discussion with Defendants Equifax Information Services, LLC and Capital One Bank, N.A., "for potential early resolution." Plaintiff is respectfully directed to file a status report by 1/31/2024 indicating the parties' progress as to settlement. Ordered by Magistrate Judge Taryn A. Merkl on 1/3/2024. (ES)
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| Filing 12 STATUS REPORT by Tobiann Dyer Gordon (Cesar, Alain) |
| Filing 11 NOTICE of Voluntary Dismissal by Tobiann Dyer Gordon as to Trans Union, LLC (Cesar, Alain) |
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ORDER: The Court is in receipt of the notice of settlement #10 . In light of Plaintiff's representation that Plaintiff and Defendants Experian Information Solutions, Inc. and Trans Union, LLC have reached a settlement in principle, the parties are respectfully directed to file a notice of voluntary dismissal by 1/18/2024. All case deadlines with respect to Defendants Experian Information Solutions, Inc. and Trans Union, LLC, are temporarily stayed, sine die. Ordered by Magistrate Judge Taryn A. Merkl on 12/19/2023. (ES)
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| Filing 10 NOTICE of Settlement as to Experian and Trans Union by Tobiann Dyer Gordon (Cesar, Alain) |
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ORDER: The motion for extension of time to file answer #9 is granted. Defendant Capital One Bank shall file an answer or otherwise respond to the complaint by 1/22/2024. Theparties are reminded that this case has been assigned to a Magistrate Judge pursuant to the Court's Direct AssignmentPilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about thePilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Courts website at |
| Filing 9 Letter MOTION for Extension of Time to File Answer to Complaint by Capital One Bank, N.A.. (Valle, Lauren) |
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ORDER: The Court is in receipt of the motion for extension of time #8 . The motion is granted, on consent. Defendant Capital One shall answer, move, or otherwise respond to the complaint by 12/22/2023. Ordered by Magistrate Judge Taryn A. Merkl on 11/28/2023. (ES)
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| Filing 8 Letter MOTION for Extension of Time to File Answer to Complaint by Capital One Bank, N.A.. (Valle, Lauren) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 6 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) |
| Filing 5 NOTICE of Appearance by Nicola Carlene Richards on behalf of Tobiann Dyer Gordon (aty to be noticed) (Richards, Nicola) |
| Filing 4 NOTICE of Appearance by Craig B. Sanders on behalf of Tobiann Dyer Gordon (aty to be noticed) (Sanders, Craig) |
| Filing 3 NOTICE of Appearance by Alain Cesar on behalf of Tobiann Dyer Gordon (aty to be noticed) (Cesar, Alain) |
| Filing 2 Corporate Disclosure Statement by Capital One Bank, N.A. identifying Corporate Parent Capital One Financial Corporation for Capital One Bank, N.A.. (Valle, Lauren) |
| Filing 1 NOTICE OF REMOVAL by Capital One Bank, N.A. from Supreme Court of the State of New York, County of Queens, case number 722440/2023. ( Filing fee $ 402 receipt number ANYEDC-17305644) (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service, #3 Exhibit A - Pleadings in State Court Action to Date, #4 Exhibit B - Experian Consent to Removal, #5 Exhibit C - Notice of Filing of Notice of Removal) (Valle, Lauren) |
| 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. (CV) |
| Case Assigned to Magistrate Judge Taryn A. Merkl. 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. (CV) |
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