Larkin v. Trans Union, LLC et al
| Matthew J. Larkin |
| First Electronic Bank, Experian Information Solutions, Inc., Trans Union, LLC, Capital One Bank USA, N.A., Verizon Communications, Inc. and Credit Acceptance Corporation |
| 1:2019cv08349 |
| September 6, 2019 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| SUMMONS ISSUED as to Experian Information Solutions, Inc.. (bwa) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/28/2019 Re: Judge Andrew L. Carter, Jr. #20 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Experian Information Solutions, Inc.. (bwa) |
| Mailed a copy of #20 Order of Service to Matthew J. Larkin, ID No. 85294-053, at FCI Otisville, P.O. Box 1000, Otisville, NY 10963-1000. (bwa) |
Filing 21
ORDER with respect to #16 Motion to Compel Arbitration; with respect to #16 Letter Motion to Stay. Accordingly, the Parties are hereby ORDERED to adhere to the following briefing schedule: Plaintiff's Opposition: November 25, 2019; Defendant's Reply: December 9, 2019. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/25/2019) (jca)
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Filing 20
ORDER: To allow Plaintiff to effect service on Defendant Experian Information Solutions, Inc. through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for this Defendant with the corrected address as indicated in Plaintiff's letter dated October 15, 2019. ECF No. 18. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendant Experian Information Solutions, Inc. And as set forth herein. SO ORDERED. USM-285 Form due by 11/25/2019. Request for Issuance of Summons due by 11/25/2019. (Signed by Judge Andrew L. Carter, Jr on 10/25/2019) Copies Mailed By Chambers. (ama) Transmission to Pro Se Assistants for processing.
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| Set/Reset Deadlines: Responses due by 11/25/2019, Replies due by 12/9/2019. (jca) |
| Filing 22 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Trans Union, LLC served on 10/3/2019, answer due 12/2/2019. Service was made by Mail, signed and returned by J. Robert Weyreter, Attorney. Document filed by Matthew J. Larkin. (sc) |
| Filing 23 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Capital One Bank USA, N.A. served on 10/14/2019, answer due 12/13/2019. Service was made by Mail, signed and returned by Shan Massand, Attorney. Document filed by Matthew J. Larkin. (sc) |
| Filing 19 CERTIFICATE OF SERVICE of Motion to Compel Arbitration and Corporate Disclosure Statement on 11/22/2019 and 11/23/2019. Service was made by MAIL. Document filed by Credit Acceptance Corporation. (Ostrowski, Chester) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Credit Acceptance Corporation.(Ostrowski, Chester) |
| Filing 16 MOTION to Compel Arbitration of Any and All Claims Against Defendant Credit Acceptance Corporation and., MOTION to Stay All Proceedings Against Defendant Credit Acceptance Corporation. Document filed by Credit Acceptance Corporation. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration in Support of Motion, #3 Text of Proposed Order)(Ostrowski, Chester) |
| Filing 18 LETTER from Matthew J. Larkin dated 10/15/2019 re: I am writing to request that the Marshals service serve process on that defendant at the following address. Document filed by Matthew J. Larkin.(rdz) |
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/18/2019) Capital One Bank USA, N.A. answer due 11/22/2019 (ks)
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| Filing 14 LETTER MOTION for Extension of Time to File Answer re: #2 Complaint addressed to Judge Andrew L. Carter, Jr. from Shan P. Massand dated October 17, 2019. Document filed by Capital One Bank USA, N.A..(Massand, Shan) |
| Filing 13 ANSWER to #2 Complaint. Document filed by Trans Union, LLC.(Nicodemus, Camille) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capital One Financial Corporation for Capital One Bank USA, N.A.. Document filed by Capital One Bank USA, N.A..(Massand, Shan) |
| Filing 11 NOTICE OF APPEARANCE by Shan P. Massand on behalf of Capital One Bank USA, N.A.. (Massand, Shan) |
| Filing 10 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Experian Information Solutions, Inc.. Attempted Service of Summons and Complaint. Service was attempted on 10/7/2019. Document filed by Matthew J. Larkin. (vba) |
| Filing 9 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 8 NOTICE OF APPEARANCE by Camille Renee Nicodemus on behalf of Trans Union, LLC. (Nicodemus, Camille) |
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Filing 7
INFORMATION PACKAGE MAILED to Matthew J. Larkin ID No. 85294-053 FCI Otisville P.O. Box 1000 Otisville, NY 10963-1000, at, on 9/19/2019 Re: #6 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb)
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| SUMMONS ISSUED as to Capital One Bank USA, N.A., Credit Acceptance Corporation, Experian Information Solutions, Inc., First Electronic Bank, Trans Union, LLC, Verizon Communications, Inc.. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/19/2019 Re: Judge Andrew L. Carter, Jr. #6 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Capital One Bank USA, N.A., Credit Acceptance Corporation, Experian Information Solutions, Inc., First Electronic Bank, Trans Union, LLC, Verizon Communications, Inc.. (nb) |
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Filing 6
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants Trans Union, LLC; Experian Information Solutions, Inc.; Capital One Bank, USA, N.A.; Credit Acceptance Corporation; First Electronic Bank; and Verizon Communications, Inc., through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each of these Defendants. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these Defendants. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Trans Union, LLC; Experian Information Solutions, Inc.; Capital One Bank, USA, N.A.; Credit Acceptance Corporation; First Electronic Bank; and Verizon Communications, Inc., and deliver all documents necessary to effect service to the U.S. Marshals Service The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of2002. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Andrew L. Carter, Jr on 9/18/2019) (rj) Transmission to Pro Se Assistants for processing. (Main Document 6 replaced on 9/18/2019) (rj).
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| Transmission to Pro Se Assistants. Transmitted re: #6 Order of Service, to the Pro Se Assistants for processing. (rj) |
| Magistrate Judge James L. Cott 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Matthew J. Larkin ID No. 85294-053 FCI Otisville P.O. Box 1000 Otisville, NY 10963-1000; The Superintendent FCI Otisville P.O. Box 1000 Otisville, NY 10963-1000. (vba) |
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 9/10/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Matthew J. Larkin.(sac) |
| Filing 2 COMPLAINT against Capital One Bank USA, N.A., Credit Acceptance Corporation, Experian Information Solutions, Inc., First Electronic Bank, Trans Union, LLC, Verizon Communications, Inc. Document filed by Matthew J. Larkin. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Matthew J. Larkin.(sac) |
| Case Designated ECF. (sac) |
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