Carter v. Credit Acceptance Corporation et al
| Kenique Carter |
| Credit Acceptance Corporation, Trans Union, LLC and Equifax Information Services, LLC |
| 1:2021cv08276 |
| October 7, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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Filing 27
ORDER granting in part #26 Letter Motion to Adjourn Conference. Application GRANTED in part. The initial conference scheduled for December 9, 2021, is ADJOURNED to January 12, 2022, at 4:10 p.m. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 26. Initial Conference set for 1/12/2022 at 04:10 PM before Judge Lorna G. Schofield.. (Signed by Judge Lorna G. Schofield on 12/2/2021) (kv)
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| Filing 26 JOINT LETTER MOTION to Adjourn Conference Initial Conference addressed to Judge Lorna G. Schofield from Daniel A. Schlanger dated December 1, 2021. Document filed by Kenique Carter..(Schlanger, Daniel) |
| Filing 25 NOTICE OF APPEARANCE by Courtney Sophie Stieber on behalf of Equifax Information Services, LLC..(Stieber, Courtney) |
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Filing 24
SECOND STIPULATION EXTENDING DEFENDANT CREDIT ACCEPTANCE CORPORATION'S TIME TO ANSWER: It is hereby stipulated and agreed by and between the undersigned parties in the above-captioned action as follows: 1. By stipulation dated November 1, 2021, which was So Ordered on November 2, 2021 [CM/ECF Docs. 16 and 18], Defendant Credit Acceptance Corporation ("Credit Acceptance") previously acknowledged and accepted service of the Summons and Complaint and waived any defense based on lack of proper service; 2. Credit Acceptances time to answer, move or otherwise respond to the Complaint is hereby extended for an additional month from November 22, 2021 until and including December 23, 2021; 3. There has been one previous request for an extension of this deadline, as described above; 4. Credit Acceptance has requested this additional extension so that its response deadline will be the same as the current deadline for Defendant Equifax Information Services, LLC [CM/ECF Doc. 23] and to allow the parties, through their counsel, to attempt to resolve some or all of the claims in this matter without further litigation; 5. Plaintiffs counsel consents to the requested extension. SO ORDERED. Credit Acceptance Corporation answer due 12/23/2021., Motions terminated: #22 JOINT MOTION for Extension of Time to File Answer , Motion, or Other Response to Plaintiff's Complaint. filed by Credit Acceptance Corporation. (Signed by Judge Lorna G. Schofield on 11/22/2021) (tg)
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| Filing 23 ANSWER to #1 Complaint. Document filed by Trans Union, LLC..(Nicodemus, Camille) |
| Filing 22 JOINT MOTION for Extension of Time to File Answer , Motion, or Other Response to Plaintiff's Complaint. Document filed by Credit Acceptance Corporation..(Ostrowski, Chester) |
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Filing 21
ORDER granting #15 Motion for Thomas J Lyons Jr to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 20
STIPULATION ACCEPTING SERVICE & SETTING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND: It is hereby stipulated and agreed by and between the undersigned parties in the above-captioned action as follows: 1. Defendant Equifax Information Services LLC ("Defendant") hereby acknowledges and accepts service of the Summons and Complaint and hereby waive any defense based on lack of proper service; 2. Defendant's deadline to answer, move or otherwise respond to the Complaint is December 23, 2021; 3. There have been no previous requests for an extension of this deadline; 4. Defendant's undersigned counsel hereby appears in this action on Defendant's behalf. SO ORDERED. Equifax Information Services, LLC answer due 12/23/2021. (Signed by Judge Lorna G. Schofield on 11/12/2021) (mml)
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| Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by Kenique Carter..(Schlanger, Daniel) |
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Filing 18
STIPULATION ACCEPTING SERVICE AND EXTENDING DEFENDANT CREDIT ACCEPTANCE CORPORATION'S TIME TO ANSWER: It is hereby stipulated and agreed by and between the undersigned parties in the above-captioned action as follows: 1. Defendant Credit Acceptance Corporation ("Defendant") hereby acknowledges and accepts service of the Summons and Complaint and hereby waive any defense based on lack of proper service; 2. Defendant's time to answer, move or otherwise respond to the Complaint is hereby extended until November 22, 2021; 3. There have been no previous requests for an extension of this deadline; 4. Defendant's undersigned counsel hereby appears in this action on Defendant's behalf. The Clerk of Court is respectfully directed to close the motion at Docket No. 16. SO ORDERED. Credit Acceptance Corporation answer due 11/22/2021. Motions terminated: #16 JOINT MOTION for Extension of Time to File Answer , Motion, or Other Response to Complaint, filed by Credit Acceptance Corporation. (Signed by Judge Lorna G. Schofield on 11/2/2021) (va)
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| Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint served. Equifax Information Services, LLC served on 11/2/2021, answer due 11/23/2021. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Kenique Carter..(Schlanger, Daniel) |
| Filing 16 JOINT MOTION for Extension of Time to File Answer , Motion, or Other Response to Complaint. Document filed by Credit Acceptance Corporation..(Ostrowski, Chester) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Thomas J Lyons Jr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25249410. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 15 MOTION for Thomas J Lyons Jr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25249410. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kenique Carter. (Attachments: #1 Affidavit of Thomas J Lyons Jr, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Lyons, Thomas) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TransUnion, Corporate Parent Trans Union Intermediate Holdings, Inc., Other Affiliate T. Rowe Price Group, Inc. for Trans Union, LLC. Document filed by Trans Union, LLC..(Nicodemus, Camille) |
| Filing 13 NOTICE OF APPEARANCE by Camille Renee Nicodemus on behalf of Trans Union, LLC..(Nicodemus, Camille) |
| Filing 12 AFFIDAVIT OF SERVICE of Order, Docket Entry No. 9 served on Credit Acceptance Corporation; Trans Union, LLC; and Equifax Information Services LLC on October 26, 2021. Service was accepted by Chet Ostrowski, Counsel to Credit Acceptance Corporation; Robert Esrock, Counsel to Trans Union, LLC; and Courtney Stieber, Counsel to Equifax Information Services LLC. Document filed by Kenique Carter..(Schlanger, Daniel) |
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Filing 11
STIPULATION ACCEPTING SERVICE AND EXTENDING DEFENDANT TRANS UNION, LLC'S TIME TO ANSWER: It is hereby stipulated and agreed by and between the undersigned parties in the above-captioned action as follows: 1. Defendant Trans Union, LLC ("Defendant") hereby acknowledges and accepts service of the Summons and Complaint and hereby waive any defense based on lack of proper service; 2. Defendant's time to answer, move or otherwise respond to the Complaint is hereby extended until November 22, 2021; 3. There have been no previous requests for an extension of this deadline; 4. Defendant's undersigned counsel hereby appears in this action on Defendant's behalf. Application GRANTED. Plaintiff shall serve a copy of this order on Defendant Trans Union, LLC, which has yet to appear in the action. By October 29, 2021, counsel for Defendant Trans Union LLC shall file a notice of appearance. The Clerk of Court is respectfully directed to close the motion at Docket No. 10. SO ORDERED. Trans Union, LLC answer due 11/22/2021., Motions terminated: #10 JOINT MOTION for Extension of Time to File Answer re: #1 Complaint (including waiver of service and notice of appearance by counsel for Trans Union, LLC). filed by Kenique Carter. (Signed by Judge Lorna G. Schofield on 10/22/2021) (jca)
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| Filing 10 JOINT MOTION for Extension of Time to File Answer re: #1 Complaint (including waiver of service and notice of appearance by counsel for Trans Union, LLC). Document filed by Kenique Carter..(Schlanger, Daniel) |
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Filing 9
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on December 9, 2021 at 10:40 a.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must send a copy of this order and Individual Rules to that party personally. IPTC MATERIALS DUE: December 2, 2021 at noon. Initial Conference set for 12/9/2021 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/18/2021) (ama)
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| Filing 8 ELECTRONIC SUMMONS ISSUED as to Trans Union, LLC..(pc) (Main Document 8 replaced on 10/8/2021) (pc). |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Credit Acceptance Corporation..(pc) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Equifax Information Services, LLC..(pc) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Philip M. Halpern is no longer assigned to the case. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Andrew E. Krause 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. (pc) |
| 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. (vba) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Trans Union, LLC, re: #1 Complaint. Document filed by Kenique Carter..(Schlanger, Daniel) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Equifax Information Services, LLC, re: #1 Complaint. Document filed by Kenique Carter..(Schlanger, Daniel) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Credit Acceptance Corporation, re: #1 Complaint. Document filed by Kenique Carter..(Schlanger, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Schlanger, Daniel) |
| Filing 1 COMPLAINT against Credit Acceptance Corporation, Equifax Information Services, LLC, Trans Union, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25164244)Document filed by Kenique Carter..(Schlanger, Daniel) |
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