Schwartz v. Experian Information Solutions, Inc. et al
| Elchonon Schwartz |
| VW Credit, Inc., Experian Information Solutions, Inc., VW Credit, Inc. doing business as Bentley Financial Services and Porsche Financial Services, Inc. doing business as Bentley Financial Services |
| 1:2020cv08605 |
| October 15, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 6, 2021. A more recent docket listing may be available from PACER.
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| Filing 34 STIPULATION OF DISMISSAL WITH PREJUDICE AS TO EXPERIAN INFORMATION SOLUTIONS, INC.: Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Plaintiff Elchonon Schwartz ("Plaintiff") and Defendant Experian Information Solutions, Inc. ("Experian") stipulate and request that the Court dismiss with prejudice Plaintiff's claims against Experian in the above-caption action, with each party to bear its own attorney's fees and costs. Experian Information Solutions, Inc. terminated. (Signed by Judge Katherine Polk Failla on 7/6/2021) (rro) |
| Filing 33 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Experian Information Solutions, Inc.. Document filed by Experian Information Solutions, Inc.. Proposed Order to be reviewed by Clerk's Office staff...(Karpoff, Rachel) |
| Filing 32 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Experian Information Solutions, Inc...(Karpoff, Rachel) Proposed Order to be reviewed by Clerk's Office staff. Modified on 7/6/2021 (km). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Rachel Karpoff to RE-FILE Document #32 Proposed Order. Use the event type Other Filings, Other Documents, Stipulation of Voluntary Dismissal. (km) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #33 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Katherine Polk Failla for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii); Filed in a closed case. (vba) |
Filing 31
ORDER OF DISCONTINUANCE: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within sixty (60) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. 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 60-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/27/2021) (rro)
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| Filing 30 NOTICE of Settlement as to Experian Information Solutions. Document filed by Elchonon Schwartz..(Rozenberg, Mark) |
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Filing 29
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Motions due by 2/25/2021. Deposition due by 7/15/2021. Fact Discovery due by 6/1/2021. Expert Discovery due by 7/15/2021. Depositions of fact witnesses shall be completed by 5/15/2021. The next pretrial conference is scheduled for 6/8/2021 at 3:30p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. This case is to be tired to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 2 days. (Signed by Judge Katherine Polk Failla on 1/29/2021) (mml)
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Filing 28
MEMO ENDORSEMENT on re: #27 Proposed Case Management Plan filed by Elchonon Schwartz. ENDORSEMENT: The Court understands that the parties wish to adjourn the initial pretrial conference pursuant to the Court's Individual Rule of Practice in Civil Cases 3.B. That application is GRANTED. The initial pretrial conference currently scheduled for February 2, 2021, is hereby ADJOURNED sine die. The parties are ORDERED to appear for a pretrial conference on June 8, 2021, at 3:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The Court will endorse the parties' proposed case management plan under separate cover. SO ORDERED. (Pretrial Conference set for 6/8/2021 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 1/29/2021) (mml)
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| Filing 27 PROPOSED CASE MANAGEMENT PLAN. Document filed by Elchonon Schwartz. (Attachments: #1 Joint letter).(Rozenberg, Mark) |
| Filing 26 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE AS TO PORSCHE FINANCIAL SERVICES, INC. IT IS HEREBY AGREED TO by the Plaintiff and Plaintiff's attorney, and the Defendant, Porcshe Financial Services, Inc d/b/a Bentley Financial Services, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee, and no person not a party has an interest in the subject matter of the action, that the above entitled action against Defendant, Porcshe Financial Services, Inc d/b/a Bentley Financial Services. shall be and hereby is dismissed with prejudice and on the merits, without costs, or disbursements, or attorney's fees to any party pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, and that judgment of dismissal with prejudice may be entered in the above entitled action pursuant hereto. Application GRANTED. The matter is dismissed as to Defendant Porsche Financial Services, Inc. d/b/a Bentley Financial Services. (Porsche Financial Services, Inc. terminated.) (Signed by Judge Katherine Polk Failla on 1/14/2021) (rro) |
| Filing 25 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Porsche Financial Services, Inc.. Document filed by Elchonon Schwartz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rozenberg, Mark) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #25 Notice of Voluntary Dismissal was reviewed and referred to Judge Katherine Polk Failla for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 24 ANSWER to #17 Amended Complaint. Document filed by Experian Information Solutions, Inc...(Karpoff, Rachel) |
| Filing 23 SUMMONS RETURNED EXECUTED. Porsche Financial Services, Inc. served on 11/12/2020, answer due 12/3/2020. Document filed by Elchonon Schwartz..(Rozenberg, Mark) |
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Filing 22
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on February 2, 2021, at 4:30 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. (Initial Conference set for 2/2/2021 at 04:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 11/30/2020) (rro)
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Filing 21
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO VW CREDIT, INC: IT IS HEREBY AGREED TO by the Plaintiff and Plaintiff's attorney, and the Defendant, VW Credit, Inc, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee, and no person not a party has an interest in the subject matter of the action, that the above entitled action against Defendant, VW Credit, Inc. shall be and hereby is dismissed without prejudice and on the merits, without costs, or disbursements, or attorney's fees to any party pursuant to Rule 41(a)(1)(A) (i) of the Federal Rules of Civil Procedure, and that judgment of dismissal without prejudice may be entered in the above entitled action pursuant hereto. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/10/2020) (ks)
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| Filing 20 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) VW Credit, Inc.. Document filed by Elchonon Schwartz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rozenberg, Mark) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Porsche Financial Services, Inc.. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Rozenberg. The party information for the following party/parties has been modified: Porsche Financial Services, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (sj) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #20 Notice of Voluntary Dismissal was reviewed and referred to Judge Katherine Polk Failla for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Porsche Financial Services, Inc., re: #17 Amended Complaint. Document filed by Elchonon Schwartz..(Rozenberg, Mark) |
| Filing 17 FIRST AMENDED COMPLAINT amending #1 Complaint against Experian Information Solutions, Inc., Porsche Financial Services, Inc. with JURY DEMAND.Document filed by Elchonon Schwartz. Related document: #1 Complaint..(Rozenberg, Mark) |
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Filing 16
ORDER granting #14 Letter Motion for Extension of Time to Answer re #1 Complaint. Application GRANTED. SO ORDERED. (VW Credit, Inc. answer due 12/9/2020.) (Signed by Judge Katherine Polk Failla on 11/9/2020) (rro)
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| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent VW Credit, Inc. for VW Credit, Inc.. Document filed by VW Credit, Inc...(Massand, Shan) |
| Filing 14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Katherine Polk Failla from Shan Massand dated November 9, 2020. Document filed by VW Credit, Inc...(Massand, Shan) |
| Filing 13 NOTICE OF APPEARANCE by Shan P. Massand on behalf of VW Credit, Inc...(Massand, Shan) |
| Filing 12 SUMMONS RETURNED EXECUTED. Experian Information Solutions, Inc. served on 10/23/2020, answer due 12/14/2020. Document filed by Elchonon Schwartz..(Rozenberg, Mark) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/5/2020) (rro)
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| Filing 10 LETTER MOTION for Extension of Time to Answer, Move, or Otherwise Respond to Complaint addressed to Judge Katherine Polk Failla from Rachel C. Karpoff dated November 5, 2020. Document filed by Experian Information Solutions, Inc...(Karpoff, Rachel) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Experian plc, Other Affiliate Opt-Out Services LLC, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC for Experian Information Solutions, Inc.. Document filed by Experian Information Solutions, Inc...(Karpoff, Rachel) |
| Filing 8 NOTICE OF APPEARANCE by Rachel C Karpoff on behalf of Experian Information Solutions, Inc...(Karpoff, Rachel) |
| Set/Reset Deadlines: Experian Information Solutions, Inc. answer due 12/14/2020. (rro) |
| Filing 7 SUMMONS RETURNED EXECUTED. VW Credit, Inc. served on 10/19/2020, answer due 11/9/2020. Document filed by Elchonon Schwartz..(Rozenberg, Mark) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to VW Credit, Inc.. (sj) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Experian Information Solutions, Inc.. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Rozenberg. The party information for the following party/parties has been modified: VW Credit, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to VW Credit, Inc. d/b/a Bentley Financial Services, re: #1 Complaint. Document filed by Elchonon Schwartz..(Rozenberg, Mark) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Experian Information Solutions, Inc., re: #1 Complaint. Document filed by Elchonon Schwartz..(Rozenberg, Mark) |
| Filing 2 CIVIL COVER SHEET filed..(Rozenberg, Mark) |
| Filing 1 COMPLAINT against Experian Information Solutions, Inc., VW Credit, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22152236)Document filed by Elchonon Schwartz..(Rozenberg, Mark) |
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