Conley v. Empower Federal Credit Union
Plaintiff: Dianna Conley
Defendant: Empower Federal Credit Union
Case Number: 5:2021cv00566
Filed: May 17, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Mae A D'Agostino
2 Judge: David N Hurd
3 Judge: Miroslav Lovric
Nature of Suit: Banks and Banking
Cause of Action: 15 U.S.C. ยง 1693 m Violation of Prov. of Subchpt. VI (Electronic Fund Transfers)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2021 Opinion or Order Filing 16 TEXT ORDER CONSOLIDATING CASES: deeming cases Wellington v. Empower Federal Credit Union, 5:20-CV-1367 (DNH/ML) and Conley v. Empower Federal Credit Union, 5:21-CV-566 (DNH/ML) related under Section G.2. of General Order 12, because there exists a similarity of facts and legal issues between the two cases that will likely result in a substantial saving of judicial resources, these cases are hereby CONSOLIDATED. Additionally, Wellington v. Empower Federal Credit Union, 5:20-CV-1367 (DNH/ML) shall be deemed the "Lead Case" and Conley v. Empower Federal Credit Union, 5:21-CV-566 (DNH/ML) shall be deemed a "Member Case." ALL FUTURE FILINGS MUST BE FILED IN THE LEAD ACTION ONLY, Wellington v. Empower Federal Credit Union, 5:20-CV-1367 (DNH/ML). NO FURTHER SUBMISSIONS ARE TO BE FILED IN THE CONLEY MATTER. SO ORDERED by Magistrate Judge Miroslav Lovric on 6/28/2021. (jdp )
June 28, 2021 Opinion or Order Filing 15 TEXT ORDER REASSIGNING CASE: deeming this case related to Wellington v. Empower Federal Credit Union, 5:20-CV-1367 (DNH/ML) under Section G.2. of General Order 12, because there exists a similarity of facts and legal issues between the two cases that will likely result in a substantial saving of judicial resources if the cases are assigned to the same district judge and magistrate judge. Therefore, this case is re-assigned to District Judge David N. Hurd and Magistrate Judge Miroslav Lovric. District Judge Mae A. D'Agostino and Magistrate Judge Andrew T. Baxter are no longer assigned to this case. Additionally, Wellington v. Empower Federal Credit Union, 5:20-CV-1367 (DNH/ML) shall be deemed the "Lead Case" and this case shall be deemed a "Member Case" All future filings must be filed in the Lead Action ONLY, Wellington v. Empower Federal Credit Union, 5:20-CV-1367 (DNH/ML). SO ORDERED by Magistrate Judge Miroslav Lovric on 6/28/2021. (jdp )
June 28, 2021 Opinion or Order Filing 14 TEXT ORDER REASSIGNING CASE. Case reassigned to Judge David N. Hurd and Magistrate Judge Miroslav Lovric for all further proceedings. U.S. District Judge Mae A. D'Agostino and Magistrate Judge Andrew T. Baxter no longer assigned to case. SO ORDERED by Chief Judge Glenn T. Suddaby on 6/28/21. (lmw)
June 28, 2021 Case 5:20-CV-1367 will be the lead case and ALL further docketing shall be done in the lead case ONLY. (jdp )
June 17, 2021 TEXT Minute Entry for telephonic Rule 16 conference held on 6/17/2021 before U.S. Magistrate Judge Andrew T. Baxter: The court discussed with counsel whether this case should be consolidated with 5:20-CV-1367 (DNH/ML), involving a different plaintiff (Wellington) asserting similar claims against Empower Federal Credit Union. The court will not be issuing a standard scheduling order on behalf of Judge D'Agostino at this time, given the plan for the court to discuss possible consolidation with the other interested judges. Defense counsel advised that they would provide plaintiff's counsel with the discovery about to be produced in Wellington and would, shortly thereafter, provide individual discovery regarding plaintiff Conley. Following the conference, Judge Hurd and Judge D'Agostino conferred and agreed that the Wellington and Conley cases would be consolidated and assigned to Judge Hurd and Judge Lovric. Appearances: Joseph Marchese, Esq. for plaintiff; Eric Evans, Esq. and Qing Guo, Esq. for defendant. Time: 10:08 AM - 10:23 AM. (kmc)
June 16, 2021 Filing 13 TEXT ORDER: Granting #11 Motion for Limited Admission Pro Hac Vice for Qing H. Guo. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Attorney Guo is hereby admitted to practice in this action on behalf of party. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/16/2021. (kmc)
June 16, 2021 Filing 12 TEXT ORDER: Granting #9 Motion for Limited Admission Pro Hac Vice for Joseph I. Marchese. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Attorney Marchese is hereby admitted to practice in this action on behalf of party. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/16/2021. (kmc)
June 14, 2021 Filing 11 MOTION for Limited Admission Pro Hac Vice of Qing H. Guo Filing fee $100, receipt number ANYNDC-5555109. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Siachos, Peter)
June 10, 2021 Filing 10 CIVIL CASE MANAGEMENT PLAN by Dianna Conley. (Obergfell, Andrew)
June 8, 2021 Filing 9 MOTION for Limited Admission Pro Hac Vice of Joseph I. Marchese Filing fee $100, receipt number ANYNDC-5548911. (Attachments: #1 Declaration of Sponsor, #2 Petition for Admission, #3 E-Filing Registration Form, #4 Certificate of Good Standing, #5 Proposed Order) Motions referred to Andrew T. Baxter. (Obergfell, Andrew)
June 7, 2021 Filing 8 ANSWER to Complaint by Empower Federal Credit Union. (Attachments: #1 Civil Cover Sheet)(Siachos, Peter)
May 28, 2021 Filing 7 NOTICE by Dianna Conley re: Notice of Attorney Admission Requirement (Obergfell, Andrew)
May 19, 2021 Filing 6 NOTICE of Appearance by Andrew Obergfell on behalf of Dianna Conley (Obergfell, Andrew)
May 18, 2021 Filing 5 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (jel, )
May 18, 2021 Filing 4 NOTICE of Admission Requirement as to Party Dianna Conley; Attorney Joseph I. Marchese. Email address is jmarchese@bursor.com. Phone number is (646) 837-7150. Admissions due by 6/1/2021. (jel, ) (Notice of admission requirement served upon Attorney via email on May 18, 2021)
May 17, 2021 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/17/2021 AT 10:00 AM before US Magistrate Judge Andrew T. Baxter. All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxter's chambers can be reached at 315-234-8600. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/10/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jel, )
May 17, 2021 Filing 2 STATE COURT SUMMONS and CLASS ACTION COMPLAINT WITH JURY DEMAND relating to #1 Notice of Removal, filed by Empower Federal Credit Union. (jel, )
May 17, 2021 Filing 1 NOTICE OF REMOVAL from County of Onondaga Supreme Court, case number 003959/2021 (Filing fee $402 receipt number ANYNDC-5526943) filed by Empower Federal Credit Union. (Attachments: #1 Exhibit(s) 1 - State Court Summons and Complaint, #2 Exhibit(s) 2 - Notice of Filing of Notice of Removal, #3 Civil Cover Sheet)(jel, )

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Plaintiff: Dianna Conley
Represented By: Andrew Obergfell
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Defendant: Empower Federal Credit Union
Represented By: Peter G. Siachos
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