Brevard v. Wells Fargo Co.
Plaintiff: MYRA BREVARD
Defendant: WELLS FARGO CO.
Case Number: 1:2023cv07702
Filed: August 30, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Referring Judge: Katharine H Parker
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. ยง 1681 Fair Credit Reporting Act
Jury Demanded By: None
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This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2023 Opinion or Order Filing 8 INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 12/11/2023 at 03:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/19/2023) (vfr)
October 19, 2023 Opinion or Order Filing 7 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) and All such motions. Referred to Magistrate Judge Katharine H. Parker. Motions referred to Katharine H. Parker. (Signed by Judge Paul A. Engelmayer on 10/18/2023) (rro)
September 25, 2023 Opinion or Order Filing 6 ORDER: On September 6, 2023, defendant filed a motion to dismiss the complaint under Rule 12 of the Federal Rules of Civil Procedure. See Dkt. 5. Under Rule 15(a)(1)(B), upon service of that motion, plaintiff had 21 daysthat is, until September 27, 2023-to amend her complaint once as a matter of course. However, as the Court did not issue an order inviting plaintiff to either amend her complaint or oppose defendant's motion to dismiss, the Court sua sponte grants plaintiff leave to amend under Rule 15(a)(2) for an additional 21 days.Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by October 16, 2023. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by November 6, 2019, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by October 16, 2023. Defendant's reply, if any, shall be served by October 30, 2023. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED., ( Amended Pleadings due by 10/16/2023., Motions due by 11/6/2023.) (Signed by Judge Paul A. Engelmayer on 9/25/2023) (ama)
September 22, 2023 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Jed S. Rakoff is no longer assigned to the case. (vba)
September 6, 2023 Opinion or Order Filing 5 MOTION to Dismiss . Document filed by Wells Fargo Co.. Responses due by 9/19/2023 Return Date set for 10/11/2023 at 04:00 PM. (Attachments: #1 Supplement Brief, #2 Proposed Order Proposed Order, #3 Affidavit Certification of Service).(Bettino, Diane)
September 6, 2023 Opinion or Order Filing 4 NOTICE of Notice to Court re Removal Exhibits A-C re: #1 Notice of Removal,. Document filed by Wells Fargo Co.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Bettino, Diane)
August 31, 2023 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Analisa Torres is no longer assigned to the case. (sgz)
August 31, 2023 Opinion or Order Case Designated ECF. (gp)
August 31, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Diane Amy Bettino. The party information for the following party/parties has been modified: WELLS FARGO CO. and MYRA BREVARD. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (gp)
August 31, 2023 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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)
August 31, 2023 Opinion or Order Magistrate Judge Katharine H. Parker 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)
August 30, 2023 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company, Corporate Parent WFC Holdings, LLC for WELLS FARGO CO.. Document filed by WELLS FARGO CO...(Bettino, Diane)
August 30, 2023 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Bettino, Diane)
August 30, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Civil Court of the City of New York, County of New York. Case Number: C-05800-23/NY. (Filing Fee $ 402.00, Receipt Number ANYSDC-28216750).Document filed by WELLS FARGO CO.. (Attachments: #1 Affidavit of Diane A. Bettino, #2 Affidavit of Service).(Bettino, Diane)

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Plaintiff: MYRA BREVARD
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Defendant: WELLS FARGO CO.
Represented By: Diane Amy Bettino
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