Swainson v. Lendingclub Corporation et al
| Raymond Swainson |
| Equifax Information Services LLC, TransUnion, LLC, LENDINGCLUB CORPORATION, Experian Information Solutions, Inc. and Experian |
| 1:2021cv05379 |
| June 17, 2021 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Gregory H Woods |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| None |
Docket Report
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| Document Text |
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| Filing 18 AMENDED COMPLAINT against Equifax Information Services LLC, Experian, Lendingclub Corporation, TransUnion, LLC.Document filed by Raymond Swainson. (Attachments: #1 Affidavit of Service)(sc) |
| Filing 17 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Raymond Swainson consents to receive electronic service via the ECF system. Document filed by Raymond Swainson.(sc) |
| Mailed a copy of #16 Order on Motion for Extension of Time to Answer, Order on Motion for More Definite Statement, Order on Motion for Leave to File Document, to Raymond Swainson at 49 East 21st Street, Apt. 10D, New York, New York 10010-6274. (dsh) |
| SUMMONS ISSUED as to Equifax Information Services LLC. (dsh) |
| SUMMONS ISSUED as to TransUnion, LLC. (dsh) |
Filing 16
ORDER denying without prejudice #4 Letter Motion for Extension of Time to Answer re #4 LETTER MOTION for Extension of Time to File Answer or Respond to Plaintiff's Complaint addressed to Judge Gregory H. Woods from Althea L. Daley dated June 21, 2021., #6 MOTION for More Definite Statement ., #14 LETTER MOTION for Leave to File Answer to Complaint addressed to Magistrate Judge Sarah L. Cave from Kayasha Lyons dated 7/28/2021; denying without prejudice #6 Motion for More Definite Statement; denying without prejudice #14 Letter Motion for Leave to File Document. Pursuant to the discovery conference held today, July 29, 2021, the Court orders as follows. 1. Plaintiff Raymond Swainson ("Mr. Swainson") shall file proof of service of his original Complaint (ECF No. 1-1 at 23) on Defendants TransUnion LLC ("TransUnion") and Equifax Information Services LLC ("Equifax") by Monday, August 2, 2021. 2. Mr. Swainson shall file his Amended Complaint by Thursday, August 5, 2021. The Amended Complaint should set forth his factual allegations in greater detail. Mr. Swainson shall serve a copy of the Amended Complaint along with summonses on Defendants TransUnion and Equifax and file proof of such service. 3. Defendants LendingClub Corporation ("LendingClub") and Experian Information Solutions, Inc. ("Experian") shall answer, move against, or otherwise respond to the Amended Complaint by Thursday, August 26, 2021. 4. On receiving Mr. Swainson's proof of service of the Amended Complaint and summonses on Defendants TransUnion and Equifax, the Court will issue an order setting the deadline for them to answer, move, or otherwise respond to the Amended Complaint. 5. Defendant Lending Club's Motion for a More Definite Statement (ECF No. 6) is DENIED WITHOUT PREJUDICE in light of Mr. Swainson's anticipated filing of an Amended Complaint, to which Lending Club consented. 6. Defendant Lending Club's letter-motions (i) for an extension of time to answer or otherwise respond to the Complaint (ECF No. 4); and (ii) for leave to file an answer (ECF No. 14) are DENIED WITHOUT PREJUDICE in light of this Order. 7. The Court will reassess whether to schedule a Settlement Conference after all Defendants have appeared and responded to the Amended Complaint. The parties may jointly request a Settlement Conference at any time. The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Swainson at the address below and to close ECF Nos. 4, 6, and 14. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/29/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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| Filing 15 AFFIDAVIT OF SERVICE of Letter Motion served on Raymond Swainson on 7/28/2021. Service was made by Mail. Document filed by Experian Information Solutions, Inc...(Lyons, Kayasha) |
| Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 7/29/2021. Plaintiff Raymond Swainson appeared on his own behalf. Attorney Althea Daley appeared on behalf of Defendant LendingClub Corporation. Attorney Kayasha Lyons appeared on behalf of Defendant Experian Information Solutions, Inc. Defendants Transunion LLC and Equifax Information Services did not appear. (ne) |
| Set/Reset Deadlines: Amended Pleadings due by 8/5/2021. (jca) |
| Filing 14 LETTER MOTION for Leave to File Answer to Complaint addressed to Magistrate Judge Sarah L. Cave from Kayasha Lyons dated 7/28/2021. Document filed by Experian Information Solutions, Inc.. (Attachments: #1 Exhibit).(Lyons, Kayasha) |
| Filing 13 AFFIDAVIT OF SERVICE of Court Order served on Raymond Swainson on 7/27/2021. Service was made by Mail. Document filed by Experian Information Solutions, Inc...(Lyons, Kayasha) |
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Filing 12
ORDER granting #10 Letter Motion to Adjourn Conference. Defendant Experian Information Solutions, Inc.'s letter-motion requesting an adjournment of the July 21, 2021 Telephone Conference (ECF No. 10) is GRANTED, and the conference is ADJOURNED to Thursday, July 29, 2021, at 2:30 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. Defendant is directed to serve a copy of this order on Plaintiff and to file proof of service by no later than Wednesday, July 21, 2021. If practicable, Defendant should also contact Plaintiff by telephone or email to advise him of this adjournment. The Clerk of Court is respectfully directed to close ECF No. 10. SO ORDERED. ( Telephone Conference set for 7/29/2021 at 02:30 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 7/20/21) (yv)
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| Filing 11 AFFIDAVIT OF SERVICE of 7.1 Statement, Motion Documents, and Recent Orders served on Raymond Swainson on July 14, 2021 & July 15, 2021. Service was made by email and certified mail. Document filed by Lendingclub Corporation..(Daley, Althea) |
| Filing 10 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Sarah L. Cave from Kayasha B. Lyons dated 7/16/2021. Document filed by Experian Information Solutions, Inc...(Lyons, Kayasha) |
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Filing 9
ORDER: This Action has been referred to the undersigned for general pretrial supervision and to issue a Report and Recommendation concerning dispositive motions. (ECF No. 8). On July 12, 2021, Defendant Lendingclub Corporation moved for a more definite statement under Federal Rule of Civil Procedure 12(e) (the "Motion"). (ECF No. 6). Accordingly, a Telephone Conference concerning the Motion and Plaintiff's response is scheduled for Wednesday, July 21, 2021 at 2:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. Defendants are directed to serve a copy of this order on Plaintiff and to file proof of service by no later than Friday, July 16, 2021. SO ORDERED. ( Telephone Conference set for 7/21/2021 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 7/14/2021) (vfr)
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Filing 8
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. SO ORDERED. Referred to Magistrate Judge Sarah L Cave. Motions referred to Sarah L Cave. (Signed by Judge Gregory H. Woods on 7/12/21) (yv)
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| Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION for More Definite Statement . . Document filed by Lendingclub Corporation..(Daley, Althea) |
| Filing 6 MOTION for More Definite Statement . Document filed by Lendingclub Corporation..(Daley, Althea) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lendingclub Corporation..(Daley, Althea) |
| Filing 4 LETTER MOTION for Extension of Time to File Answer or Respond to Plaintiff's Complaint addressed to Judge Gregory H. Woods from Althea L. Daley dated June 21, 2021. Document filed by Lendingclub Corporation..(Daley, Althea) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kayasha Lyons. The party information for the following party/parties has been modified: Lendingclub Corporation. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (gp) |
| Magistrate Judge Sarah L. Cave 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. (gp) |
| 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 #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..(gp) |
| Case Designated ECF. (gp) |
| Filing 3 CIVIL COVER SHEET filed..(Lyons, Kayasha) |
| Filing 2 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...(Lyons, Kayasha) |
| Filing 1 NOTICE OF REMOVAL from Civil Court of the City of New York, County of New York. Case Number: CV-000679-21/NY. (Filing Fee $ 402.00, Receipt Number ANYSDC-24689837).Document filed by Experian Information Solutions, Inc.. (Attachments: #1 Exhibit, #2 Civil Cover Sheet).(Lyons, Kayasha) |
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