Alvarez v. Experian Information Solutions, Inc.
| Manuel Alvarez, Sr. |
| Experian Information Solutions, Inc. |
| 2:2019cv03343 |
| June 5, 2019 |
| US District Court for the Eastern District of New York |
| Steven I Locke |
| Joanna Seybert |
| James M Wicks |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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Filing 90
MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order, Experian's motion to compel arbitration (DE #72 ) is GRANTED, and Plaintiff's motion to strike (DE #81 ) is DENIED. As a result of granting Experian's motion to compel arbitration, the action is hereby stayed pending arbitration. See 9 U.S.C. 3 (courts "shall... stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement."); see also Katz v. Cellco P'ship, 794 F.3d 341, 345 (2d Cir. 2015) ("We join those Circuits that consider a stay of proceedings necessary after all claims have been referred to arbitration and a stay requested."). So Ordered by Magistrate Judge James M. Wicks on 3/15/2023. (DF)
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| Filing 89 Letter Response to Defendant's Notice of Supplemental Authority by Manuel Alvarez, Sr (Soumilas, John) |
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ELECTRONIC ORDER MODIFYING ORDER REFERRING MOTIONS. Defendant Experian Information Solutions, Inc.'s Motion to Compel (ECF No. 72), together with Plaintiff's Motions for leave to file under seal (ECF No. 77) and to strike (ECF No. 81), which were previously referred to Magistrate Judge James W. Wicks for a report and recommendation on whether the pending motions should be granted, (see Apr. 11, 2022, Elec. Order Referring Motions), are now referred to Magistrate Judge Wicks for decision. Ordered by Judge Joanna Seybert on 1/5/2023. (LWC)
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| Filing 88 NOTICE by Experian Information Solutions, Inc. re #72 Notice of MOTION to Compel Notice of Motion to Compel Arbitration Notice of Supplemental Authority (Tobitsch, Kerianne) |
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ORDER granting 77 Motion for Leave to Electronically File Document under Seal. There is a presumptive right to public access to judicial documents. See, e.g., United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir. 1995). Judicial documents may only be kept under seal if countervailing factors in the common law framework or higher values in the First Amendment framework so demand. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006). Plaintiff seeks to seal certain information offered in support of its opposition to Defendants motion to compel arbitration because the information was marked by Defendant as confidential or highly confidential pursuant to the protective order that this Court So Ordered on November 19, 2019 (see DE 18). These documents include excerpts of deposition testimony that were previously ordered to be sealed. (Electronic Order dated April 19, 2021.) This application is unopposed. The Court concludes that the documents contain confidential information and satisfy the test for sealing. See, e.g., Capricorn Management Sys., Inc. v. GEICO, 15 CV 2926 (DRH)(SIL), 2019 WL 5694256 (E.D.N.Y. Jul. 22, 2019) report and recommendation adopted, 2020 WL 1242616 (E.D.N.Y. Mar. 16, 2020) (to determine whether a document should be sealed, courts must first determine whether it is a judicial document, next the weight of the publics presumptive right of access and finally the weight of competing considerations against the presumptive right to access). Thus, Plaintiffs motion for leave to file under seal DE 77 is granted. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. So Ordered by Magistrate Judge James M. Wicks on 12/5/2022. (MSH)
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| Filing 87 Letter Response to Second Notice of Supplemental Authority by Experian Information Solutions, Inc. (Tobitsch, Kerianne) |
| Filing 86 NOTICE by Manuel Alvarez, Sr re #78 Memorandum in Opposition, (Zemel, Daniel) |
| Filing 85 Letter Response to Plaintiff's Notice of Supplemental Authority by Experian Information Solutions, Inc. (Tobitsch, Kerianne) |
| Filing 84 NOTICE by Manuel Alvarez, Sr re #78 Memorandum in Opposition, Supplemental Authority in Support of Plaintiff's Opposition to Motion to Compel Arbitration (Soumilas, John) |
| Filing 83 REPLY in Support re #81 MOTION to Strike #79 Reply in Support (or Disregard) New Argument Raised on Reply filed by Manuel Alvarez, Sr. (Soumilas, John) |
| Filing 82 RESPONSE to Motion re #81 MOTION to Strike #79 Reply in Support (or Disregard) New Argument Raised on Reply filed by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
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ELECTRONIC ORDER REFERRING MOTIONS: Defendant Experian Information Solutions, Inc.'s Motion to Dismiss (ECF No. #72 ), together with Plaintiff's motion for leave to file under seal (ECF No. 77 ) and to strike (ECF No. #81 ), are respectfully referred to to Magistrate Judge James M. Wicks for a report and recommendation on whether the pending motions should be granted. All future filings related to these motions shall be directed to Judge Wicks in the first instance. Ordered by Judge Joanna Seybert on 4/11/2022. (DiMarco, Nicholas)
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| Filing 81 MOTION to Strike #79 Reply in Support (or Disregard) New Argument Raised on Reply by Manuel Alvarez, Sr. (Attachments: #1 Memorandum in Support) (Soumilas, John) |
| Filing 80 AFFIDAVIT/DECLARATION in Support re #72 Notice of MOTION to Compel Notice of Motion to Compel Arbitration Supplemental Declaration of David Williams filed by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 79 REPLY in Support re #72 Notice of MOTION to Compel Notice of Motion to Compel Arbitration filed by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 78 MEMORANDUM in Opposition re #72 Notice of MOTION to Compel Notice of Motion to Compel Arbitration filed by Manuel Alvarez, Sr. (Attachments: #1 Declaration of Lauren KW Brennan, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N) (Soumilas, John) |
| Filing 76 AFFIDAVIT/DECLARATION in Support re #72 Notice of MOTION to Compel Notice of Motion to Compel Arbitration Declaration of David Williams filed by Experian Information Solutions, Inc.. (Attachments: #1 Exhibit 1 - Enrollment page, #2 Exhibit 2 - Acknowledgment page, #3 Exhibit 3 - Terms of Use) (Tobitsch, Kerianne) |
| Filing 75 AFFIDAVIT/DECLARATION in Support re #72 Notice of MOTION to Compel Notice of Motion to Compel Arbitration Declaration of Kimberly Cave filed by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 74 AFFIDAVIT/DECLARATION in Support re #72 Notice of MOTION to Compel Notice of Motion to Compel Arbitration Declaration of Kerry C. Fowler filed by Experian Information Solutions, Inc.. (Attachments: #1 Exhibit 1 - Experian interrogatories, #2 Exhibit 2 - Experian RFPs, #3 Exhibit 3 - Plaintiff's Depo Tr, #4 Exhibit 4 - Manny Alvarez Depo Tr, #5 Exhibit 5 - Experian Letter, #6 Exhibit 6 - Hearing Tr) (Tobitsch, Kerianne) |
| Filing 73 MEMORANDUM in Support re #72 Notice of MOTION to Compel Notice of Motion to Compel Arbitration filed by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 72 Notice of MOTION to Compel Notice of Motion to Compel Arbitration by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 71 Letter MOTION for Leave to File Document Letter Motion for Clarification on Filing Motion to Compel Arbitration by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
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ELECTRONIC ORDER granting #71 Motion for Leave to File. The parties seek clarification of the briefing schedule set forth in this Court's January 7, 2022 Electronic Order, which directed Defendant to file all motion papers, including Plaintiff's opposition, on or before March 1, 2022. Specifically, Defendant has advised the Court that Plaintiff's opposition papers include exhibits that Plaintiff seeks to file under seal, but that Plaintiff did not serve on Defendant an accompanying motion to file these documents under seal. Accordingly, the Court clarifies the briefing schedule as follows:(1) on or before March 2, 2022, Plaintiff shall file his opposition papers, and, to the extent Plaintiff seeks to file documents under seal, Plaintiff shall follow the steps for e-filing sealed documents available on the Eastern District of New York public website, which require an accompanying motion, see https://www.nyed.uscourts.gov/forms/steps-e-filing-sealed-documents-civil-cases; and(2) on or before March 3, 2022, Defendant shall file its reply.Consistent with Magistrate Judge Wicks' June 7, 2021 Order (ECF No. #63 ), the stay of all discovery will remain in place pending the resolution of the motion to compel arbitration. Ordered by Judge Joanna Seybert on 3/1/2022. (DiMarco, Nicholas)
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ELECTRONIC ORDER re #70 Status Report. In light of the parties' representation that they were "not able to reach a resolution" through mediation and their request to resume briefing on Defendant's motion to compel arbitration (ECF No. #70 ), the Court hereby REINSTATES the briefing schedule on Defendant's motion as follows: (1) by no later than February 8, 2022, Plaintiff shall serve but not file its opposition; and (2) by no later than March 1, 2022, Defendant shall serve its reply, if any. Defendant shall file all motion papers, including Plaintiff's opposition, to ECF on March 1, 2022 and ensure that courtesy copies are promptly provided to Chambers. Consistent with Magistrate Judge Wicks' June 7, 2021 Order (ECF No. #63 ), the stay of all discovery will remain in place pending the resolution of the motion to compel arbitration. Ordered by Judge Joanna Seybert on 1/7/2022. (DiMarco, Nicholas)
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| Filing 70 STATUS REPORT and Proposed Scheduling of Further Proceedings by Manuel Alvarez, Sr (Soumilas, John) |
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ELECTRONIC ORDER re #69 Status Report. On consent, the parties' request to continue the stay of proceedings and deadlines as they pursue mediation is GRANTED. On or before January 7, 2022, the parties shall advise the Court in writing as to the status of mediation. Ordered by Judge Joanna Seybert on 11/12/2021. (DiMarco, Nicholas)
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| Filing 69 STATUS REPORT on Mediation by Experian Information Solutions, Inc. (Tobitsch, Kerianne) |
| Filing 68 STATUS REPORT re Mediation by Experian Information Solutions, Inc. (Tobitsch, Kerianne) |
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Filing 67
ORDER granting #66 Motion to Stay - The Clerk of the Court is directed to GRANT the motion pending at ECF No. 66. SO Ordered by Judge Joanna Seybert on 7/16/2021. (Tirado, Chelsea)
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| Filing 66 MOTION to Stay Pending Mediation by Manuel Alvarez, Sr. (Soumilas, John) |
| Filing 65 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 26, 2020, before Magistrate Judge Steven I. Locke. Transcriber AA Express Transcripts, Telephone number 888-456-9716. Email address: aaexpress@court-transcripts.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/27/2021. Redacted Transcript Deadline set for 8/6/2021. Release of Transcript Restriction set for 10/4/2021. (Cox, Dwayne) |
| Filing 64 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 7, 2021, before Magistrate Judge James M. Wicks. Transcriber AA Express Transcripts, Telephone number 888-456-9716. Email address: aaexpress@court-transcripts.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/22/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/29/2021. (Rodin, Deanna) |
| Minute Entry for proceedings held before Magistrate Judge James M. Wicks: DEPOSITION DISPUTE. Telephone Docket Call held on 6/17/2021 at 4:30 PM. Parties contacted the Chambers of Judge Wicks and requested the Court's intervention to resolve a dispute during a non-party deposition that was being held during the limited arbitration-related discovery. Oral argument was held via telephone with all parties present, regarding the non-party witness being directed not to answer certain questions. The Court made a ruling resolving the dispute for the reasons set forth on the record in the non-party deposition transcript. The parties were directed to resume the deposition and to contact the Court again if additional issues arise. (Ortiz, Grisel) |
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Filing 63
ORDER: Accordingly (Please See Order For Further Details), the pending motion for a stay of discovery (DE 58) is granted, except for the limited class-certification discovery that this Court previously ordered to be complete and Defendant agreed to complete by April 26, 2021 (to the extent not already completed), and the arbitration-related discovery that Judge Seybert ordered to be complete by June 19, 2021. This stay will expire upon the Court's resolution of the motion to compel arbitration and, if that motion is denied, the Court will schedule an immediate conference to finalize a schedule for any remaining merits and class-certification discovery. So Ordered by Magistrate Judge James M. Wicks on 6/7/2021. (Ortiz, Grisel)
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| Filing 62 Minute Order for proceedings held before Magistrate Judge James M. Wicks: MOTION CONFERENCE. Counsel For Plaintiff: John Soumilas, Daniel Zemel and Elizabeth Easley Apostola. Counsel For Defendant: Kerianne Tobitsch. Motion Hearing held on 6/7/2021 at 2:00 PM. Oral argument was held on Defendant Experian Information Solutions Inc.'s motion to stay (DE #58 ). For the reasons set forth on the record, and in the attached Order (DE #63 ), Defendant's motion is hereby granted. (FTR Log #2:06-2:25.)(Ortiz, Grisel) |
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Filing 61
ORDER granting #59 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov.. So Ordered by Magistrate Judge James M. Wicks on 6/4/2021. (Ortiz, Grisel)
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SCHEDULING ORDER: Parties should be advised that the hearing conference scheduled for 6/7/2021 at 2:00 pm remains in effect, and is being converted to an in-person conference before Magistrate Judge James M. Wicks in Courtroom 1020. All counsel must attend. So Ordered by Magistrate Judge James M. Wicks on 5/14/2021. (Ortiz, Grisel)
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| Case reassigned to Magistrate Judge James M. Wicks. Magistrate Judge Steven I. Locke no longer assigned to the 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. (Motions referred to James M. Wicks) (Florio, Lisa) |
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Electronic ORDER Setting Hearing on Motion. A hearing as to DE #58 , Defendant's Letter Motion to Stay, is set for 6/7/2021 at 2:00 p.m. before Magistrate Judge Steven I. Locke. The hearing will be conducted through the AT&T teleconference center; parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Ordered by Magistrate Judge Steven I. Locke on 5/5/2021. (Reilly, Megan)
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| Filing 60 RESPONSE in Opposition re #58 Letter MOTION to Stay Discovery (Redacted) filed by Manuel Alvarez, Sr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Redacted)) (Soumilas, John) |
| Filing 59 MOTION for Leave to Electronically File Document under Seal by Manuel Alvarez, Sr. (Attachments: #1 Response to Motion (Unredacted Version), #2 Exhibit C - Unredacted, #3 Proposed Order) (Soumilas, John) |
| Filing 58 Letter MOTION to Stay Discovery by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
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Electronic ORDER granting DE #56 Motion to Unseal Document. The Clerk of the Court is respectfully directed to provide a copy of the transcript of the April 5, 2021 hearing in this matter to movant, and to subsequently reseal the transcript. Ordered by Magistrate Judge Steven I. Locke on 4/22/2021. (Reilly, Megan)
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ELECTRONIC ORDER denying without prejudice #48 Motion to Compel Arbitration; granting #53 Motion for Extension of Time to File Response/Reply. Before the Court is Defendant's Motion to Compel Arbitration (ECF No. #48 ) and Plaintiff's Motion to hold the briefing on Defendant's Motion to Compel Arbitration in abeyance for sixty days pending discovery on the issue of arbitration (ECF No. #53 ). Upon review of the parties' submissions, Plaintiff's Motion is GRANTED, and Defendant's Motion to Compel Arbitration is DENIED without prejudice until such time as the appropriate discovery has been taken. Accordingly, the Court revises the briefing schedule on Defendant's Motion to Compel Arbitration as follows: The parties shall complete discovery on the issue of arbitration by June 19, 2021; Defendant shall serve but not file its renewed motion to compel arbitration on or before July 6, 2021; Plaintiff shall serve but not file its opposition on or before July 20, 2021; and Defendant shall serve its reply on or before August 3, 2021. Defendant shall file all motion papers, including Plaintiff's opposition, to ECF on August 3, 2021. Defendant's anticipated motion to stay all discovery and other proceedings in this matter pending the ruling on its motion to compel arbitration shall be directed to Magistrate Judge Locke. Ordered by Judge Joanna Seybert on 4/20/2021. (Dimarco, Nicholas)
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Electronic ORDER granting DE #54 , Defendant's Motion to Seal. On consent, Exhibit A to Plaintiff's Motion to Compel, DE [45-1], will remain under seal. The document at issue does not contain information or testimony central to resolving the issues in this action and is therefore not a judicial document, and contains confidential proprietary information. See, e.g., Capricorn Management Sys., Inc. v. GEICO, 15 CV 2926 (DRH)(SIL), 2019 WL 5694256 (E.D.N.Y. Jul. 22, 2019) report and recommendation adopted 2020 WL 1242616 (E.D.N.Y. Mar. 16, 2020) (to determine whether a document should be sealed, courts must first determine whether it is a judicial document, next the weight of the public's presumptive right of access and finally the weight of competing considerations against the presumptive right to access). Ordered by Magistrate Judge Steven I. Locke on 4/19/2021. (Reilly, Megan)
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| Filing 57 REPLY in Opposition re #53 Letter MOTION for Extension of Time to File Response/Reply as to #48 MOTION to Compel Notice of Motion to Compel Arbitration and for additional discovery filed by Experian Information Solutions, Inc.. (Attachments: #1 Exhibit A) (Tobitsch, Kerianne) |
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ELECTRONIC ORDER re #48 , #53 . All deadlines regarding Defendant's Motion to Compel Arbitration (ECF No. #48 ) are STAYED pending resolution of Plaintiff's Letter Motion to extend the briefing on the motion to compel to allow for discovery regarding the arbitration agreement (ECF No. #53 ). Defendant shall have until April 23, 2021 to file a response to Plaintiff's Letter Motion. No reply shall be permitted. Thereafter, the Court shall issue its ruling on the Letter Motion including, if necessary, a new briefing schedule on Defendant's Motion to Compel Arbitration. Ordered by Judge Joanna Seybert on 4/15/2021. (Dimarco, Nicholas)
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| Filing 56 Letter MOTION to Unseal Document #52 Order on Motion for Leave to Electronically File Document under Seal,,,,, Order on Motion to Compel,,,,, Motion Hearing,,,, by Manuel Alvarez, Sr. (Soumilas, John) |
| Filing 55 RESPONSE to Motion re #54 Letter MOTION to Seal Document Letter of Non-Opposition to Motion filed by Manuel Alvarez, Sr. (Soumilas, John) |
| Filing 54 Letter MOTION to Seal Document by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 53 Letter MOTION for Extension of Time to File Response/Reply as to #48 MOTION to Compel Notice of Motion to Compel Arbitration and for additional discovery by Manuel Alvarez, Sr. (Zemel, Daniel) |
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Filing 52
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Oral argument held on 4/5/2021. Plaintiffs motion for leave to file under seal, DE #44 , is denied without prejudice for the reasons set forth on the record. Motion for Leave to Electronically File Document under Seal is denied. Counsel is directed to either file your original document unsealed or not at all. Defendant may file a letter motion on on this issue invoking the appropriate standards on or before April 12, 2021. Any opposition must be filed on or before April 19, 2021. If Plaintiff does not intend to file opposition, he should advise the Court accordingly. Plaintiffs motion to compel nationwide class data, DE #45 , is granted for the reasons set forth on the record. Defendant will provide the responsive information on or before April 26, 2021. Finally, while Defendant is ordered to produce the information sought in Plaintiffs motion to compel, Defendant may file a motion to otherwise stay the case in light of their pending motion to compel arbitration which is not yet fully briefed.So Ordered by Magistrate Judge Steven I. Locke on 4/5/2021. (Gandiosi, Kristin)
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| Filing 51 AFFIDAVIT/DECLARATION in Support re #48 MOTION to Compel Notice of Motion to Compel Arbitration Declaration of David Williams filed by Experian Information Solutions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Tobitsch, Kerianne) |
| Filing 50 AFFIDAVIT/DECLARATION in Support re #48 MOTION to Compel Notice of Motion to Compel Arbitration Declaration of Kerry Fowler filed by Experian Information Solutions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Tobitsch, Kerianne) |
| Filing 49 MEMORANDUM in Support re #48 MOTION to Compel Notice of Motion to Compel Arbitration filed by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 48 MOTION to Compel Notice of Motion to Compel Arbitration by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 47 RESPONSE in Opposition re #45 MOTION to Compel Nationwide Billing Records Data filed by Experian Information Solutions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Tobitsch, Kerianne) |
| Filing 46 Proposed Scheduling Order Joint Proposal Regarding Scheduling by Manuel Alvarez, Sr (Soumilas, John) |
| Filing 45 MOTION to Compel Nationwide Billing Records Data by Manuel Alvarez, Sr. (Attachments: #1 Exhibit A - Deposition Testimony (Proposed to Be Filed under Seal), #2 Exhibit B - Email Communication from Counsel, #3 Exhibit C - Supplemental Discovery Response, #4 Exhibit D - Discovery Response, #5 Exhibit E - Supplemental Discovery Response) (Soumilas, John) |
| Filing 44 MOTION for Leave to Electronically File Document under Seal Portions of Letter Motion and Exhibit A Thereto by Manuel Alvarez, Sr. (Attachments: #1 Plaintiff's Letter Motion - Redacted Portions Highlighted, #2 Exhibit A - Excerpts of Deposition Transcript, #3 Proposed Order) (Soumilas, John) |
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Filing 43
Electronic ORDER granting DE #42 Motion for Protective Order. The parties' Stipulation and Proposed Order for Permissible Purpose to Produce Records is So Ordered; see attached. Ordered by Magistrate Judge Steven I. Locke on 2/22/2021. (Reilly, Megan)
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| Filing 42 MOTION for Protective Order Joint Stipulation and Permissible Purpose Order by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 41 CERTIFICATE OF SERVICE by Experian Information Solutions, Inc. re #39 Letter MOTION to Compel Third-Party Depositions (Tobitsch, Kerianne) |
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Filing 40
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Status conference held on 2/1/2021. Defendants motion to compel depositions of third-party witnesses, DE #39 , is granted on consent. The depositions at issue will be completed prior to the next status phone conference on April 5, 2021 at 10:00am. The parties will also meet and confer and submit a revised discovery schedule to complete the remainder of discovery prior to the next conference. Next Tele-Status Conference set for 4/5/2021 at 10:00 AM before Magistrate Judge Steven I. Locke. The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. So Ordered by Magistrate Judge Steven I. Locke on 2/1/2021. (Gandiosi, Kristin)
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Electronic ORDER: Defendant is directed to serve a copy of its Motion to Compel, DE #39 , on both non-parties at issue, and file proof of service via ECF by 2/2/2021. Ordered by Magistrate Judge Steven I. Locke on 1/28/2021. (Reilly, Megan)
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| Filing 39 Letter MOTION to Compel Third-Party Depositions by Experian Information Solutions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Tobitsch, Kerianne) |
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Filing 38
SCHEDULING ORDER: The parties' joint proposed scheduling order, DE #37 , is So Ordered, see attached.Ordered by Magistrate Judge Steven I. Locke on 1/5/2021. (Reilly, Megan)
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Electronic SCHEDULING ORDER: Status Conference set for 2/1/2021 at 10:30 a.m. before Magistrate Judge Steven I. Locke. The conference will be conducted through the AT&T teleconference center. The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Ordered by Magistrate Judge Steven I. Locke on 1/5/2021. (Reilly, Megan)
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| Filing 37 Proposed Scheduling Order Amended by Manuel Alvarez, Sr (Soumilas, John) |
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Electronic ORDER granting DE #36 Motion to Withdraw. Attorney Steven W. Magnusson is hereby terminated as counsel, and the Clerk of the Court is respectfully directed to remove Steven W. Magnusson from further ECF notifications. Ordered by Magistrate Judge Steven I. Locke on 11/30/2020. (Reilly, Megan)
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| Filing 36 NOTICE of Motion to Withdraw Steven W. Magnusson by Experian Information Solutions, Inc. (Magnusson, Steven) Modified on 11/30/2020 at the direction of Judge Locke's Chambers to change event type to motion (Coleman, Laurie). |
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Filing 35
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Motion hearing held.: Plaintiffs motion to compel, DE #33 , is granted as follows:1.Defendant will produce for deposition the person responsible for the technical aspects of producing the All-outs as discussed on the record, and the ability to search for information contained in the All-outs, whether it is Debbie Cox, as identified in the moving papers, or someone else.2.Defendant will produce for deposition the person who is knowledgeable about the technical aspects of the CAPS database, including searchability of the database, and the issuance of consumer disclosures concerning OFAC hits.Defendants motion to seal, DE #34 , pertaining to Exhibits 2 and 5, is granted and those two exhibits should be sealed. The Clerk of the Court is directed to unseal DE [34, 34-1, 34-2, 34-4 and 34-5]. So Ordered by Magistrate Judge Steven I. Locke on 11/23/2020. (Gandiosi, Kristin)
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| Filing 34 MOTION for Leave to Electronically File Document under Seal , MOTION to Compel Opposition to ECF No. 33 Motion to Compel Depositions by Experian Information Solutions, Inc.. (Attachments: #1 Memorandum in Opposition to ECF No. 33 Motion to Compel Depositions, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Fowler, Kerry) |
| Filing 33 MOTION to Compel Depositions by Manuel Alvarez, Sr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Soumilas, John) |
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Filing 32
SCHEDULING ORDER: the parties' joint amended scheduling order, DE #31 , is So Ordered, as modified; see attached. The next status conference is scheduled for 11/23/2020 and will be conducted at 11:00 a.m. through the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Ordered by Magistrate Judge Steven I. Locke on 9/14/2020. (Goudreault, Jessica)
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| Filing 31 Proposed Scheduling Order by Manuel Alvarez, Sr (Soumilas, John) |
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Filing 30
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 9/9/2020. The parties will submit a proposed amended scheduling order by September 11, 2020. The proposed order will include a date for a status conference in late November or early December. So Ordered by Magistrate Judge Steven I. Locke on 9/9/2020. (Gandiosi, Kristin)
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| Filing 29 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held. Docket entry #26 Motion for Leave to Appear Pro Hac Vice has been granted with no opposition. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Next phone status conference is set for September 9, 2020 at 11:30 am. The parties will come prepared to discuss progress on the various topics addressed on the record today as well as a tentative plan for the remainder of discovery. If the parties need rulings on outstanding discovery issues, they should brief the issue in advance of the conference in accordance with the Courts individual rules. Tele-Status Conference set for 9/9/2020 at :30 AM before Magistrate Judge Steven I. Locke. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. (Gandiosi, Kristin) |
| Filing 28 Notice of Related Case: The Civil Cover Sheet filed in 20cv1903 indicates a related case. (Rodin, Deanna) |
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Filing 27
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Oral argument held. Plaintiffs motion to compel, DE #23 , is granted in part and denied in part as follows. Defendant will produce responses to Interrogatories 14, 15, 17 and 18 in unredacted form for the reasons set forth on the record. (The Court does not find that the information at issue constitutes a trade secret, and in any event, the information is adequately protected by the protective order in place, given that there is no reason to believe that Plaintiff could or would the information for competitive purposes). With respect to the motion to compel the deposition of Jacob Kong, the motion is denied without prejudice. Plaintiff will take the deposition of Ashley Knight in the first instance as set forth on the record. Plaintiff may then renew his motion if appropriate. The discovery and motionschedules will be addressed at the next conference. Next status conference set for 5/27/2020 at 11:15 am. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. So Ordered by Magistrate Judge Steven I. Locke on 3/26/2020. (Gandiosi, Kristin)
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| Filing 26 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12588508. by Manuel Alvarez, Sr. (Attachments: #1 Affidavit, #2 Certificate of Good Standing (PA), #3 Certificate of Good Standing (NJ)) (Skipton, Edward) |
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SCHEDULING ORDER: The status conference scheduled for 3/26/2020 at Hofstra University will be now be conducted via phone at 10:45 a.m. through the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Any party seeking a copy of the record of the teleconference must file a letter motion requesting such relief within five days of the conference. Ordered by Magistrate Judge Steven I. Locke on 3/17/2020. (Kantor, Jesse)
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| Filing 25 RESPONSE in Opposition re #23 MOTION to Compel Complete Interrogatory Responses and to Produce Witness for Deposition filed by Experian Information Solutions, Inc.. (Attachments: #1 Declaration of Jacob Kong) (Tobitsch, Kerianne) |
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Electronic ORDER granting DE #24 Motion for Extension of Time to File Response/Reply. On consent, the deadline for Defendant to respond to DE #23 is extended to and including 2/21/2020. Ordered by Magistrate Judge Steven I. Locke on 2/18/2020. (Kantor, Jesse)
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| Filing 24 Letter MOTION for Extension of Time to File Response/Reply in Opposition to Motion to Compel by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 23 MOTION to Compel Complete Interrogatory Responses and to Produce Witness for Deposition by Manuel Alvarez, Sr. (Attachments: #1 Exhibit A - Plaintiff's Report, #2 Exhibit B - Defendant's Responses to Interrogatories, #3 Exhibit C - Defendant's Responses to Third Set of Interrogatories, #4 Exhibit D - Excerpts of Deposition Transcript) (Soumilas, John) |
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Filing 22
SCHEDULING ORDER: The parties' proposed Amended Scheduling Order, DE #21 , is approved and SO ORDERED; see attached. Ordered by Magistrate Judge Steven I. Locke on 1/17/2020. (Kantor, Jesse)
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| Filing 21 Proposed Scheduling Order by Manuel Alvarez, Sr (Attachments: #1 Joint Proposed Amended Scheduling Order) (Soumilas, John) |
| Filing 20 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 1/9/2020. The parties are to submit a proposed amended schedule on or before January 16, 2020. Next Status Conference set for 3/26/2020 at 10:30 AM before Magistrate Judge Steven I. Locke. The status conference will be held at Hofstra University. The address is 121 Hofstra University, Hempstead, NY 11549-1210, Room 202. (Gandiosi, Kristin) |
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Electronic ORDER granting DE #19 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 12/11/2019. (Kantor, Jesse)
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| Filing 19 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12105698. by Manuel Alvarez, Sr. (Attachments: #1 Affidavit of Jordan M. Sartell, #2 Certificate of Good Standing) (Sartell, Jordan) |
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Filing 18
ORDER granting DE #17 Motion for Protective Order. The parties' Stipulated Protective Order, DE #17 , is SO ORDERED; see attached. Ordered by Magistrate Judge Steven I. Locke on 11/19/2019. (Kantor, Jesse)
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| Filing 17 Consent MOTION for Protective Order by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 16 NOTICE of Appearance by Steven William Magnusson on behalf of Experian Information Solutions, Inc. (aty to be noticed) (Magnusson, Steven) |
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Filing 15
SCHEDULING ORDER: Discovery deadlines set; see attached order. Next Status Conference set for 1/9/2020 at 11:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke.Ordered by Magistrate Judge Steven I. Locke on 10/8/2019. (Gandiosi, Kristin)
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Filing 14
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Initial conference held. Docket entries #11 , #12 and #13 have been granted on consent. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. The has adopted and So Ordered the joint proposed scheduling order #10 submitted by the parties. So Ordered by Magistrate Judge Steven I. Locke on 10/8/2019. (Gandiosi, Kristin)
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| Filing 13 Letter MOTION to Appear by Telephone at Initial Conference by Experian Information Solutions, Inc.. (Fowler, Kerry) |
| Filing 12 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11910364. by Experian Information Solutions, Inc.. (Attachments: #1 Affidavit of Kerry Fowler) (Fowler, Kerry) |
| Filing 11 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11894631. by Manuel Alvarez, Sr. (Attachments: #1 Affidavit) (Brennan, Lauren) |
| Filing 10 Proposed Scheduling Order by Manuel Alvarez, Sr (Francis, James) |
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Filing 9
INITIAL CONFERENCE ORDER: An Initial Conference is set for 10/8/2019 at 11:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 9/5/2019. (Attachments: #1 SIL Individual Rules, #2 Scheduling Order Worksheet) (Gandiosi, Kristin)
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Electronic ORDER granting DEs #7 , #8 Motions for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receives electronic notifications of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 8/23/2019. (Kantor, Jesse)
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| Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11739512. by Manuel Alvarez, Sr. (Attachments: #1 Affidavit of John Soumilas) (Soumilas, John) |
| Filing 7 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11739462. by Manuel Alvarez, Sr. (Attachments: #1 Affidavit of James A. Francis) (Francis, James) |
| Filing 6 ANSWER to Complaint by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
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Electronic ORDER granting DE #5 Motion for Extension of Time to Answer. On consent, the deadline for Defendant to answer or otherwise respond to the Complaint is extended to and including 7/25/2019. Ordered by Magistrate Judge Steven I. Locke on 7/9/2019. (Kantor, Jesse)
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| Filing 5 Letter MOTION for Extension of Time to File Answer by Experian Information Solutions, Inc.. (Tobitsch, Kerianne) |
| Filing 4 Summons Issued as to Experian Information Solutions, Inc. (Rodin, Deanna) |
| 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. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Steven I. Locke. 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. (Rodin, Deanna) |
| Filing 1 COMPLAINT against All Defendants filing fee $400, receipt number ANYEDC-11547723, filed by Manuel Alvarez, Sr.Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Zemel, Daniel) Modified on 6/6/2019 (Rodin, Deanna). |
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