Fitzpatrick v. Experian Information Solutions Inc. et al
| James M. Fitzpatrick |
| Experian Information Solutions Inc., Transunion LLC, Equifax Information Services LLC, Portfolio Recovery Associates, LLC, NewRez, LLC, American Express Bank, N.A., JP Morgan Chase Bank, N.A., WELLS FARGO BANK, N.A., Community Bank, N.A. and Citibank, N.A. |
| 1:2023cv04261 |
| May 22, 2023 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Paul G Gardephe |
| Analisa Torres |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| MAILING RECEIPT: Document No: 25. Mailed to: James M. Fitzpatrick 20 Howells Turnpike Middletown, NY 10940. (ok) |
Filing 25
ORDER granting #24 Letter Motion for Extension of Time to Answer re #24 LETTER MOTION for Extension of Time to File Answer and Vacate Default Due to Clerical Error addressed to Magistrate Judge Sarah L. Cave from Ryan W. McMullan dated 7/14/2023., #21 MOTION for Entry of Default as to Experian Information Solutions, Inc.., #1 Complaint; denying as moot #21 Motion for Entry of Default. Accordingly, it is hereby ordered as follows:1. Experian's lettermotion at ECF No. 24 is GRANTED. 2. The Court's order at ECF No. 18 to initiate default proceedings against Experian is VACATED. 3. Mr. Fitzpatrick's request for entry of default at ECF No. 21 is DENIED AS MOOT. 4. By July 24, 2023, Experian shall respond to the Complaint. The Clerk of Court is respectfully directed to close ECF Nos. 21 and 24. Experian Information Solutions Inc. answer due 7/24/2023. (Signed by Magistrate Judge Sarah L Cave on 7/14/2023) (rro)
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| Filing 24 LETTER MOTION for Extension of Time to File Answer and Vacate Default Due to Clerical Error addressed to Magistrate Judge Sarah L. Cave from Ryan W. McMullan dated 7/14/2023. Document filed by Experian Information Solutions Inc...(McMullan, Ryan) |
| Filing 23 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...(McMullan, Ryan) |
| Filing 22 NOTICE OF APPEARANCE by Ryan Wesley McMullan on behalf of Experian Information Solutions Inc...(McMullan, Ryan) |
| MAILING RECEIPT: Document No: 20. Mailed to: James M. Fitzpatrick 20 Howells Turnpike Middletown, NY 10940. (sha) |
| Filing 21 REQUEST FOR ENTRY OF DEFAULT(MOTION, Re: for Entry of Default as to Experian Information Solutions, Inc.) Document filed by James M. Fitzpatrick.(sc) |
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Filing 20
NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE AS TO EQUIFAX INFORMATION SERVICES, LLC ONLY: NOTICE IS HEREBY GIVEN that Pro Se Plaintiff James M. Fitzpatrick, pursuant to Rule 41 (a)(i) of the Federal Rules of Civil Procedure, hereby dismisses all causes of action in his complaint against Defendant Equifax Information Services, LLC, with prejudice. Defendant Equifax Information Services, LLC has neither filed an answer to the complaint nor a motion for summary judgement as to these claims. Dismissal under Rule 41(a)(i) is therefore appropriate. The Clerk of Court is directed not to close the case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/13/2023) Equifax Information Services LLC terminated. (ks)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #19 Notice of Voluntary Dismissal, was reviewed and referred to Judge Paul G. Gardephe 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 19 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) Equifax Information Services LLC. Document filed by James M. Fitzpatrick. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). (sc) |
| MAILING RECEIPT: Document No: 18. Mailed to: James M. Fitzpatrick 20 Howells Turnpike Middletown, NY 10940. (kh) |
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Filing 18
Vacated as per Judge's Order dated 7/14/2023, Doc. #25 ORDER TO INITIATE DEFAULT PROCEEDINGS: Defendant Experian Information Solutions Inc. ("Experian") waived service of the Complaint in this action, with its Answer due on July 3, 2023. (ECF No. 4). No Answer having been filed on the docket, Plaintiff is hereby ORDERED to request a Certificate of Default from the Clerk of Court by July 12, 2023 as to Experian, and to file a Motion for Default Judgment in accordance with the Individual Practices of the Honorable Paul G. Gardephe, Rule 55 of the Federal Rules of Civil Procedure, and S.D.N.Y. Local Rule 55 by no later than July 26, 2023. (Motions due by 7/26/2023.) (Signed by Magistrate Judge Sarah L Cave on 7/5/2023) (tro) Transmission to Orders and Judgments Clerk for processing. Modified on 7/17/2023 (rro).
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| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Citibank, N.A. waiver sent on 6/7/2023, answer due 8/7/2023. Document filed by James M. Fitzpatrick. (sc) |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. Equifax Information Services LLC, waiver sent on 5/24/2023, answer due 7/24/2023. Document filed by James M. Fitzpatrick. (sc) |
| Filing 15 NOTICE OF APPEARANCE by Christopher Barry Turcotte on behalf of JP Morgan Chase Bank, N.A...(Turcotte, Christopher) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Transunion LLC waiver sent on 5/24/2023, answer due 7/24/2023. Document filed by Transunion LLC..(Nicodemus, Camille) |
| Filing 13 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 Transunion LLC. Document filed by Transunion LLC..(Nicodemus, Camille) |
| Filing 12 NOTICE OF APPEARANCE by Camille Renee Nicodemus on behalf of Transunion LLC..(Nicodemus, Camille) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. JP Morgan Chase Bank, N.A. waiver sent on 5/24/2023, answer due 7/24/2023. Document filed by JP Morgan Chase Bank, N.A...(Turcotte, Christopher) |
| MAILING RECEIPT: Document No: 10. Mailed to: James M. Fitzpatrick 20 Howells Turnpike Middletown, NY 10940. (kh) |
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Filing 10
ORDER OF REFERENCE TO A 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). Referred to Magistrate Judge Sarah L Cave. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/16/2023) (ks)
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Filing 9
ORDER: Plaintiff, who is proceeding pro se, paid the filing fees to commence this action. The Clerk of Court is directed to issue summonses as to Defendants Transunion LLC; Equifax Information Services LLC; Portfolio Recovery Associates, LLC; American Express Bank, N.A.; JP Morgan Chase Bank, N.A.; and Community Bank, N.A. Defendants Experian Information Solutions Inc.; Citibank, N.A.; NewRez, LLC; and WELLS FARGO BANK, N.A. have waived service. (Dkt. Nos. 4-5, 7-8) Plaintiff is directed to serve the summons and complaint on each Defendant within 90 days of the issuance of the summonses. If within those 90 days, Plaintiff has not either served Defendants or requested an extension of time to do so, the Court may dismiss the claims against Defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/16/2023) (ks) Transmission to Pro Se Assistants for processing.
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| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. WELLS FARGO BANK, N.A. waiver sent on 6/15/2023, answer due 8/14/2023. Document filed by WELLS FARGO BANK, N.A...(Steinlight, Stephen) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. NewRez, LLC waiver sent on 5/24/2023, answer due 7/24/2023. Document filed by James M. Fitzpatrick. (sc) |
| Filing 6 NOTICE OF APPEARANCE by Ryan Lawrence Diclemente on behalf of NewRez, LLC..(Diclemente, Ryan) |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. Citibank, N.A. waiver sent on 6/2/2023, answer due 8/1/2023. Document filed by James M. Fitzpatrick. (sc) |
| Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. Experian Information Solutions Inc. waiver sent on 5/4/2023, answer due 7/3/2023. Document filed by James M. Fitzpatrick. (sc) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Analisa Torres is no longer assigned to the case. (vba) |
| Filing 2 CIVIL COVER SHEET filed. (sac) |
| Filing 1 COMPLAINT against American Express Bank, N.A., Citibank, N.A., Community Bank, N.A., Equifax Information Services LLC, Experian Information Solutions Inc., JP Morgan Chase Bank, N.A., NewRez, LLC, Portfolio Recovery Associates, LLC, Transunion LLC, WELLS FARGO BANK, N.A. (Filing Fee $ 402.00, Receipt Number 16531) Document filed by James M. Fitzpatrick..(sac) |
| 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. (sac) |
| Case Designated ECF. (sac) |
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