Lech v. American Express Centurion Bank et al
| Patrick Lech |
| Equifax Information Services, LLC, Trans Union, LLC and American Express Centurion Bank |
| 1:2018cv09621 |
| October 19, 2018 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| None |
Docket Report
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This docket was last retrieved on November 19, 2018. A more recent docket listing may be available from PACER.
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Filing 19
ORDER: By letter dated November 12, 2018, Plaintiff and American Express Centurion Bank and Equifax Information Services, LLC informed the Court that they had reached a settlement in principle, Dkt. No. 14, and by letter dated November 15, 2018, Plaintiff and Trans Union, LLC informed the Court that they too had reached a settlement in principle, Dkt. No. 16. Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. (Signed by Judge Gregory H. Woods on 11/17/2018) (mro)
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| Filing 18 LETTER addressed to Judge Gregory H. Woods from Camille R. Nicodemus dated November 16, 2018 re: Clarification Regarding Initial Pretrial Conference. Document filed by Trans Union, LLC.(Nicodemus, Camille) |
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Filing 17
ORDER: As part of the notice of settlement, Plaintiff requested that American Express and Equifax be excused from the initial pretrial conference scheduled for November 21, 2018. That request is granted. The initial pretrial conference will proceed as to Plaintiff and Trans Union, LLC only. The case will otherwise proceed as to all parties unless and until the parties submit a stipulation of dismissal. Plaintiff is directed to serve a copy of this order on Equifax. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/15/2018) (anc)
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| Filing 16 NOTICE of Settlement (Joint) Between Plaintiff And Trans Union, LLC Only. Document filed by Trans Union, LLC. (Nicodemus, Camille) |
| Filing 15 LETTER addressed to Judge Gregory H. Woods from Camille R. Nicodemus dated November 14, 2018 re: Joint Status Letter. Document filed by Trans Union, LLC.(Nicodemus, Camille) |
| Filing 14 NOTICE of Settlement as to American Express Centurion Bank and Equifax Information Services, LLC only. Document filed by Patrick Lech. (Russo, Patrick) |
| Filing 13 NOTICE OF APPEARANCE by Patrick Paul Russo on behalf of Patrick Lech. (Russo, Patrick) |
| Mailed a copy of #12 Order on Motion for Extension of Time to Answer, to Patrick Lech: Carl Rausa, Esq. 11 Broadway Suite 960 New York, NY 10004; Equifax: Jonathan Klein, Esq. 830 Third Avenue Suite 200 New York, NY 10022. (vba) Modified on 10/29/2018 (vba). |
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Filing 12
ORDER granting #9 Letter Motion for Extension of Time to Answer re #1 Notice of Removal. Defendant American Express National Bank's ("American Express") request for an extension of time to answer or otherwise respond to the complaint, Dkt. No. 9, is granted. The deadline for American Express to answer or otherwise respond to the complaint is extended to November 25, 2018. The Court declines to endorse the stipulation submitted by Defendant Equifax Information Services LLC ("Equifax") and signed by counsel for Equifax and Plaintiff. Dkt. No. 8. Neither of the attorneys who signed the stipulation have entered notices of appearance in this case. In addition, the stipulation is directed to a judge who is not assigned to this case. Finally, the parties failed to comply with the Court's Individual Rule 1(F), which governs proposed orders and stipulations. The Clerk of Court is directed to close the motion pending at Dkt. No. 9. The Clerk of Court is further directed to send a copy of this order to Plaintiff and to Equifax by certified mail and by regular, first-class mail. SO ORDERED. (American Express Centurion Bank answer due 11/25/2018.) (Signed by Judge Gregory H. Woods on 10/26/18) (yv) Transmission to Docket Assistant Clerk for processing.
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| Filing 11 ANSWER to Complaint. Document filed by Trans Union, LLC.(Nicodemus, Camille) |
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/21/2018 at 03:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/23/2018) (jca)
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| Filing 9 LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Riley C. Mendoza dated October 23, 2018. Document filed by American Express Centurion Bank.(Mendoza, Riley) |
| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Equifax Information Services, LLC. (Klein, Jonathan) |
| Filing 7 NOTICE of Consent to Removal re: #1 Notice of Removal,,. Document filed by American Express Centurion Bank. (Mendoza, Riley) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American Express Travel Related Services Company, Inc., Corporate Parent American Express Company, Other Affiliate American Express National Bank, Other Affiliate Warren E Buffett, Other Affiliate Berkshire Hathaway for American Express Centurion Bank. Document filed by American Express Centurion Bank.(Mendoza, Riley) |
| Filing 5 NOTICE OF APPEARANCE by Riley Caroline Mendoza on behalf of American Express Centurion Bank. (Mendoza, Riley) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TransUnion, Corporate Parent TransUnion Intermediate Holdings, Inc., Other Affiliate T. Rowe Price Group, Inc. for Trans Union, LLC. Document filed by Trans Union, LLC.(Nicodemus, Camille) |
| Filing 3 NOTICE OF APPEARANCE by Camille Renee Nicodemus on behalf of Trans Union, LLC. (Nicodemus, Camille) |
| Filing 2 CIVIL COVER SHEET filed. (Nicodemus, Camille) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 159055/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-15780135).Document filed by Trans Union, LLC. (Attachments: #1 Exhibit A-Summons To Trans Union, LLC, #2 Exhibit B-Complaint To Trans Union, LLC, #3 Exhibit C-Notice Of Commencement Of Action Subject To Mandatory Electronic Filing, #4 Exhibit D-American Express Centurion Bank's Consent To Removal, #5 Exhibit E-Equifax Information Services, LLC's Consent To Removal)(Nicodemus, Camille) |
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