Miller v. Department Stores National Bank et al
| Laura Miller |
| Department Stores National Bank, JP Morgan Chase Bank N.A, Experian Information Solutions, Inc and Equifax Information Services, LLC |
| 1:2022cv01321 |
| February 16, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Filing 36 ANSWER to #1 Complaint,. Document filed by Experian Information Solutions, Inc..(Gilbertson, Robert) |
Filing 35
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. Section 41(a)(1)(A)(i) AS TO JP MORGAN CHASE BANK N.A.: Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff and/or plaintiff's counsel, hereby give notice that whereas no party is an infant or incompetent the above-captioned action is voluntarily dismissed with prejudice against Defendant JP Morgan Chase Bank N.A. only, with each party to bear its respective attorney's fees and costs. JP Morgan Chase Bank N.A. has not served an answer, motion or otherwise appeared in this action. So Ordered. JP Morgan Chase Bank N.A terminated. (Signed by Judge Lorna G. Schofield on 4/13/2022) (tg)
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Filing 34
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. See 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have taken place. This case is to be tried to a jury. The motion will be discussed at the conference. To join the conference, the parties shall call (888)363-4749 and use Access Code 558-3333. Amended Pleadings due by 7/19/2022. Joinder of Parties due by 7/19/2022. Deposition due by 8/18/2022. Fact Discovery due by 8/18/2022. Estimate length of trial 3 days. Telephone Conference set for 9/21/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/13/2022) (tg)
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Filing 33
ORDER: It is hereby ORDERED that the April 20, 2022, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 4/13/2022) (mml)
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| Filing 32 JOINT LETTER addressed to Judge Lorna G. Schofield from Alain Cesar, Boris Brownstein and Robert Gilbertson dated April 13, 2022 re: Initial Conference. Document filed by Laura Miller..(Cesar, Alain) |
| Filing 31 PROPOSED SCHEDULING ORDER. Document filed by Laura Miller..(Cesar, Alain) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #30 Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield 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. (tp) |
| Filing 30 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 and without costs against the defendant(s) JP Morgan Chase Bank N.A. Document filed by Laura Miller. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Cesar, Alain) |
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Filing 29
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) AS TO DEPARTMENT STORES NATIONAL BANK: Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff and/or plaintiff's counsel, hereby give notice that whereas no party is an infant or incompetent the above-captioned action is voluntarily dismissed with prejudice against Defendant Department Stores National Bank only, with each party to bear its respective attorney's fees and costs. Department Stores National Bank has not served an answer or motion in this action. So Ordered. Party Department Stores National Bank terminated. (Signed by Judge Lorna G. Schofield on 4/12/2022) (mml)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #27 Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield 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. (tp) |
| Filing 28 NOTICE OF APPEARANCE by Christopher Barry Turcotte on behalf of JP Morgan Chase Bank N.A..(Turcotte, Christopher) |
| Filing 27 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 and without costs against the defendant(s) Department Stores National Bank. Document filed by Laura Miller. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Cesar, Alain) |
| Filing 26 MEMO ENDORSEMENT on re: #25 Notice of Settlement filed by Laura Miller. ENDORSEMENT: Application GRANTED. All deadlines as to Defendant Department Stores National Bank are adjourned sine die. The parties shall file a stipulation of Voluntary Dismissal by May 6, 2022. (Signed by Judge Lorna G. Schofield on 3/23/2022) (tg) |
| Filing 25 NOTICE of Settlement as to Department Stores National Bank. Document filed by Laura Miller..(Cesar, Alain) |
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Filing 24
ORDER denying as moot #23 Letter Motion for Extension of Time. Application DENIED AS MOOT. The Order dated March 17, 2022, extended all Defendants' deadline to answer to April 15, 2022. (Signed by Judge Lorna G. Schofield on 3/21/2022) (vfr)
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| Filing 23 LETTER MOTION for Extension of Time to Answer, Move, or Otherwise Respond addressed to Judge Lorna G. Schofield from Gilbertson, Robert dated March 18, 2022. Document filed by Experian Information Solutions, Inc..(Gilbertson, Robert) |
| Filing 22 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..(Gilbertson, Robert) |
| Filing 21 NOTICE OF APPEARANCE by Robert Gilbertson on behalf of Experian Information Solutions, Inc..(Gilbertson, Robert) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer re #19 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Lorna G. Schofield from Equifax Information Services LLC dated March 16, 2022., #1 Complaint,. Application GRANTED. The deadline for all Defendants to answer is extended to April 15, 2022. Department Stores National Bank answer due 4/15/2022; Equifax Information Services, LLC answer due 4/15/2022; Experian Information Solutions, Inc answer due 4/15/2022; JP Morgan Chase Bank N.A answer due 4/15/2022. (Signed by Judge Lorna G. Schofield on 3/17/2022) (ate)
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| Filing 19 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Lorna G. Schofield from Equifax Information Services LLC dated March 16, 2022. Document filed by Equifax Information Services, LLC..(Brownstein, Boris) |
| Filing 18 NOTICE OF APPEARANCE by Boris Brownstein on behalf of Equifax Information Services, LLC..(Brownstein, Boris) |
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Filing 17
ORDER: It is hereby ordered that a telephonic conference will be held on 4/20/2022 at 4:20 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. Initial Conference set for 4/20/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/3/2022) (rro) Modified on 3/4/2022 (rro).
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| Filing 16 SUMMONS RETURNED EXECUTED. JP Morgan Chase Bank N.A served on 3/1/2022, answer due 3/22/2022. Service was accepted by Vincenza Cipriano, Authorized Agent. Document filed by Laura Miller..(Cesar, Alain) |
| Filing 15 SUMMONS RETURNED EXECUTED. Experian Information Solutions, Inc served on 3/1/2022, answer due 3/22/2022. Service was accepted by Vincenza Cipriano, Authorized Agent. Document filed by Laura Miller..(Cesar, Alain) |
| Filing 14 SUMMONS RETURNED EXECUTED. Equifax Information Services, LLC served on 2/23/2022, answer due 3/16/2022. Service was accepted by Jane Doe; Legal Representative of CSC. Document filed by Laura Miller..(Cesar, Alain) |
| Filing 13 SUMMONS RETURNED EXECUTED. Department Stores National Bank served on 2/23/2022, answer due 3/16/2022. Service was accepted by Heidi Lindner. Document filed by Laura Miller..(Cesar, Alain) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to JP Morgan Chase Bank N.A..(pc) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Equifax Information Services, LLC..(pc) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Department Stores National Bank..(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Experian Information Solutions, Inc..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| Magistrate Judge Barbara C. Moses 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) |
| Case Designated ECF. (pc) |
| Filing 8 NOTICE OF APPEARANCE by Alain Cesar on behalf of Laura Miller..(Cesar, Alain) |
| Filing 7 NOTICE OF APPEARANCE by Craig B. Sanders on behalf of Laura Miller..(Sanders, Craig) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Equifax Information Services, LLC, re: #1 Complaint,. Document filed by Laura Miller..(Cader, Jonathan) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Experian Information Solutions, Inc., re: #1 Complaint,. Document filed by Laura Miller..(Cader, Jonathan) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to JP Morgan Chase Bank N.A., re: #1 Complaint,. Document filed by Laura Miller..(Cader, Jonathan) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Department Stores National Bank, re: #1 Complaint,. Document filed by Laura Miller..(Cader, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed..(Cader, Jonathan) |
| Filing 1 COMPLAINT against Department Stores National Bank, Equifax Information Services, LLC, Experian Information Solutions, Inc, JP Morgan Chase Bank N.A. (Filing Fee $ 402.00, Receipt Number ANYSDC-25742734)Document filed by Laura Miller..(Cader, Jonathan) |
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