Petrecz v. Capital One Bank (USA), National Association et al
| Robert J. Petrecz |
| Capital One Bank (USA), N.A., TransUnion, LLC and Capital One Bank (USA), National Association |
| 1:2021cv00530 |
| January 21, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| None |
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Filing 17
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/17/21) (yv)
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| Filing 16 NOTICE of Settlement as to TransUnion, LLC Only. Document filed by Robert J. Petrecz..(Elsayed, Adham) |
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Filing 15
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). The parties are free to withhold consent without adverse substantive consequences. Motions due by 3/23/2021. Deposition due by 8/6/2021. Fact Discovery due by 7/7/2021. Expert Discovery due by 8/6/2021. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 2-3 days. Pretrial Conference set for 7/20/2021 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The parties shall note the date of the next pretrial conference, which appears on the previous page. SO ORDERED. (Signed by Judge Jesse M. Furman on 03/9/21) (yv) Modified on 3/16/2021 (yv).
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| Filing 14 PROPOSED CASE MANAGEMENT PLAN. Document filed by Robert J. Petrecz..(Elsayed, Adham) |
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Filing 13
MEMO ENDORSEMENT on re: #12 Letter Initial Pretrial Conference filed by Robert J. Petrecz. ENDORSEMENT : The initial pretrial conference previously scheduled for March 9, 2021, is hereby canceled. Separately, the parties were required to file a proposed case management plan alongside this letter. See ECF Nos. 7, 11. To date, the parties have not satisfied that obligation. As a courtesy, the submission deadline for the proposed case management plan is extended, nunc pro tunc, to March 8, 2021. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/5/21) (yv)
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| Filing 12 JOINT LETTER addressed to Judge Jesse M. Furman from Adham M. Elsayed dated 03/04/2021 re: Initial Pretrial Conference. Document filed by Robert J. Petrecz..(Elsayed, Adham) |
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Filing 11
ORDER: In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/1/2021) (ks)
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| Filing 10 ANSWER to Complaint. Document filed by TransUnion, LLC..(Nicodemus, Camille) |
| Filing 9 CERTIFICATE OF SERVICE of Notice Of Initial Pretrial Conference and Individual Rules And Practices For Trials, Jesse M. Furman, United States District Judge served on Robert J. Petrecz on January 26, 2021. Service was made by Mail. Document filed by TransUnion, LLC..(Nicodemus, Camille) |
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Filing 8
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT CAPITAL ONE BANK (USA), N.A. ONLY: PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff Robert J. Petrecz, by and through his attorneys, the Law Offices of Robert S. Gitmeid & Associates, PLLC, hereby dismisses Defendant Capital One Bank (USA), N.A. only from this action without prejudice. This dismissal has no effect on the remaining defendants. The Clerk of Court is directed to terminate Capital One Bank (USA), National Association as a party and to update the docket accordingly. SO ORDERED. Capital One Bank (USA), National Association terminated. (Signed by Judge Jesse M. Furman on 1/22/2021) (jca)
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on March 9, 2021, at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Within two business days of the date of this Order, Defendants are directed to serve on Plaintiff a copy of this Order and of the Courts Individual Rules and Practices in Civil Cases, and to file proof of such service on the docket. Counsel for Plaintiff is directed to file a notice of appearance on the docket within two business days of such service. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://nysd.uscourts.gov/rules/ecf-related-instructions. All counsel must also familiarize themselves with the Courts Individual Rules, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Courts form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 3/9/2021 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/22/21) (yv)
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| Filing 6 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) Capital One Bank (USA), N.A.. Document filed by Robert J. Petrecz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Elsayed, Adham) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #6 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jesse M. Furman 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(jgo) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Camille Renee Nicodemus. The party information for the following party/parties has been modified: Capital One Bank (USA), N.A.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 NOTICE OF APPEARANCE by Adham Mohamed Elsayed on behalf of Robert J. Petrecz..(Elsayed, Adham) |
| 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 TransUnion, LLC. Document filed by TransUnion, LLC..(Nicodemus, Camille) |
| Filing 3 NOTICE OF APPEARANCE by Camille Renee Nicodemus on behalf of TransUnion, LLC..(Nicodemus, Camille) |
| Filing 2 CIVIL COVER SHEET filed..(Nicodemus, Camille) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 157865/2020. (Filing Fee $ 402.00, Receipt Number ANYSDC-23617495).Document filed by TransUnion, LLC. (Attachments: #1 Exhibit A, Summons, #2 Exhibit B, Complaint, #3 Exhibit C, Notice of Electronic Filing, #4 Exhibit D, Consent to Removal by Capital One Bank (USA) N.A.).(Nicodemus, Camille) |
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