Taylor v. Experian Information Solutions, Inc.
Plaintiff: Sharmell Taylor
Defendant: Experian Information Solutions, Inc., Experian and Credit Acceptance Corporation
Case Number: 5:2024cv00188
Filed: February 7, 2024
Court: US District Court for the Northern District of New York
Presiding Judge: David N Hurd
Referring Judge: Mitchell J Katz
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. ยง 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2024 Filing 6 AMENDED COMPLAINT with JURY DEMAND against Credit Acceptance Corporation, Experian filed by Sharmell Taylor. (Attachments: #1 Civil Cover Sheet, #2 Signed Pro Se Notice dated 3/15/2024)(ztc)
March 7, 2024 Opinion or Order Filing 5 ORDER ON REPORT & RECOMMENDATION: It is ORDERED that 1. The Report & Recommendation (Dkt. No. #4 ) is ACCEPTED; 2. Plaintiff's complaint (Dkt. No. #1 ) is DISMISSED; 3. Plaintiff's FDCPA claims are DISMISSED with prejudice; 4. Plaintiff's remaining claims are DISMISSED with leave to amend; 5. Plaintiff shall have THIRTY DAYS in which to submit an amended complaint in accordance with the instructions set forth in Judge Katz's R&R; 6. If plaintiff timely files an amended complaint, this matter shall be referred to Judge Katz for further review or other action as appropriate; and 7. If plaintiff does not timely file an amended complaint, the Clerk of the Court is directed to close this matter without further Order of the Court. Signed by Judge David N. Hurd on March 7, 2024. (Copy served via regular mail) (ztc)
March 7, 2024 Set Deadlines: Amended Pleadings due by 4/8/2024. (ztc)
February 14, 2024 Opinion or Order Filing 4 ORDER and REPORT-RECOMMENDATION: It is ORDERED, that plaintiff's motion to proceed IFP (Dkt. No. #2 ) is GRANTED, and it is RECOMMENDED, that plaintiff's claims pursuant to the Fair Debt Collection Practices Act be DISMISSED WITH PREJUDICE, and it is RECOMMENDED, that the complaint be DISMISSED WITHOUT PREJUDICE in all other respects, and it is RECOMMENDED, that if the District Court adopts this recommendation, plaintiff be given forty-five (45) days to amend her complaint to the extent authorized, and that plaintiff be advised that any amended pleading must be a COMPLETE PLEADING, WHICH WILL SUPERSEDE THE ORIGINAL, and that plaintiff must include all remaining facts and causes of action in the amended complaint. No facts or claims from the original complaint may be incorporated by reference, and it is RECOMMENDED, that if the District Court adopts this recommendation, and plaintiff does not elect to amend her complaint within the imposed deadline, the case be dismissed in its entirety, with prejudice, and it is RECOMMENDED, that if the District Court adopts this recommendation, and plaintiff files a proposed amended complaint, the proposed amended complaint be returned to me for review of the amended complaint and any orders relating to service on the defendants. (Objections to R&R due by 2/28/2024, Case Review Deadline 3/4/2024). Signed by US Magistrate Judge Mitchell J. Katz on February 14, 2024. (Copy served via regular mail)(ztc)
February 8, 2024 Filing 3 PRO SE HANDBOOK, NOTICE, and LOCAL RULES issued at the time complaint was filed. Notice signed by Plaintiff Sharmell Taylor. (ztc)
February 7, 2024 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Sharmell Taylor. (Attachments: #1 Proposed Summons as to Experian Information Solutions, Inc.) Motions referred to Magistrate Judge Mitchell J. Katz. (ztc)
February 7, 2024 Filing 1 COMPLAINT with JURY DEMAND against Experian Information Solutions, Inc. filed by Sharmell Taylor. (Attachments: #1 Civil Cover Sheet)(ztc)

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Plaintiff: Sharmell Taylor
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Defendant: Experian Information Solutions, Inc.
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Defendant: Experian
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Defendant: Credit Acceptance Corporation
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