Taylor v. Experian Information Solutions, Inc.
Sharmell Taylor |
Experian Information Solutions, Inc., Experian and Credit Acceptance Corporation |
5:2024cv00188 |
February 7, 2024 |
US District Court for the Northern District of New York |
David N Hurd |
Mitchell J Katz |
Consumer Credit |
15 U.S.C. ยง 1692 Fair Debt Collection Act |
Plaintiff |
Docket Report
This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
Document Text |
---|
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) |
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) |
Set Deadlines: Amended Pleadings due by 4/8/2024. (ztc) |
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) |
Filing 3 PRO SE HANDBOOK, NOTICE, and LOCAL RULES issued at the time complaint was filed. Notice signed by Plaintiff Sharmell Taylor. (ztc) |
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) |
Filing 1 COMPLAINT with JURY DEMAND against Experian Information Solutions, Inc. filed by Sharmell Taylor. (Attachments: #1 Civil Cover Sheet)(ztc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.