DiTella v. TransUnion, LLC
| Lonny DiTella |
| Transunion LLC, Equifax Information Services, LLC and Experian Information Solutions Inc |
| 1:2023cv11028 |
| December 22, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 56 NOTICE OF CHANGE OF ADDRESS by Camille Renee Nicodemus on behalf of Transunion LLC. New Address: Quilling, Selander, Lownds, Winslett & Moser, P.C., 10333 N. Meridian Street, Suite 200, Indianapolis, Indiana, USA 46290, (317) 497-5600, Ext., 601..(Nicodemus, Camille) |
| Filing 55 CERTIFICATE OF SERVICE of Exhibits Z-1, Z-2 and Z-3; served on TransUnion LLC, and Experian Information Service LLC on 1/12/24. Service was accepted by Clerk of Court, SDNY. Document filed by Lonny DiTella. (sc) (sc). |
| Filing 54 REPLY MEMORANDUM OF LAW in Support re: #46 Motion to Compel Arbitration. Document filed by Experian Information Solutions Inc..(Chan, Melanie) |
| MAILING RECEIPT: Document No: 53. Mailed to: Melanie K. Chan Jones, Day Law Firm - New York Office 250 Vesey Street New York, NY 10281-1047; Lonny DiTella *by Court Order, address not displayed ; Adam T. Hill Seyfarth Shaw LLP 233 S. Wacker Drive Suite 8000 Chicago, IL 60606-6448; Camille R. Nicodemus Schuckit & Associates, PC 4545 Northwestern Drive Zionsville, IN 46077. (mt) |
Filing 53
STIPULATION OF DISMISSAL WITH PREJUDICE AS TO EQUIFAX INFORMATION SERVICES, LLC ONLY:Pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(ii), it is hereby stipulated and agreed by and between Plaintiff, Lonny DiTella, and Defendant Equifax Information Services LLC, erroneously named as Equifax Information Services, ("Equifax") that the above-titled action is hereby dismissed with prejudice as to Defendant Equifax. Each party will bear their own costs and attorney's fees. SO ORDERED. Equifax Information Services, LLC terminated. (Signed by Judge Katherine Polk Failla on 1/4/2024) (rro)
|
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (vba) |
| Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #51 Stipulation of Voluntary Dismissal,, was reviewed and referred to Judge Katherine Polk Failla 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; the plaintiff(s) filed their voluntary dismissal in a Pro Se case. (nd) |
| Filing 51 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Equifax Information Services, LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Equifax Information Services, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hill, Adam) |
| Filing 50 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 1:23-cv-01095. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| Case Designated ECF. (vba) |
|
Filing 49
ORDER TRANSFERRING CASE to U.S. District Court - Southern District of New York. Signed by U.S. District Judge Mae A. D'Agostino on 12/13/2023. (Copy served via regular and certified)(khr) [Transferred from New York Northern on 12/22/2023.]
|
| Filing 48 MOTION for Extension of Time to File Answer to Defendant Experian's Motion to Compel Arbitration filed by Lonny DiTella. Response to Motion due by 12/29/2023 (Attachments: #1 Exhibit(s) Discharge Summary and ER Doctor's Letter, #2 Exhibit(s) Photos of Injury) Motions referred to Christian F. Hummel. (DiTella, Lonny) [Transferred from New York Northern on 12/22/2023.] |
| Filing 47 CERTIFICATE OF SERVICE by Lonny DiTella, as to summons dated 10/2/2023 on Experian Information Solutions. (see) [Transferred from New York Northern on 12/22/2023.] |
| CLERK'S CORRECTION OF DOCKET ENTRY re #46 Motion to Compel Arbitration - Clerk replaced Attachment 2 Declaration of Dan Smith. The document had a drawing error which prevented pages 57 through 87 being reviewed through adobe. The scanned document shows all pages. (jel, ) [Transferred from New York Northern on 12/22/2023.] |
| Filing 46 MOTION to Compel Arbitration filed by Experian Information Solutions, Inc.. Motion returnable before Judge Mae D'Agostino. Response to Motion due by 12/12/2023 (Attachments: #1 Memorandum of Law in Support of Motion to Compel Arbitration, #2 Declaration of Dan Smith) (Sloan, Daniel) (Attachment 2 replaced on 11/22/2023) (jel, ). [Transferred from New York Northern on 12/22/2023.] |
| Filing 45 AFFIDAVIT re #42 Letter Motion from Lonny DITella regarding Transfer to Southern District of New York for Lonny DiTella requesting Opposition to Transfer Case submitted to Judge Hummel by Lonny DiTella. (Attachments: #1 Exhibit(s) Order of Protection (Continued) - Dated 11/17/2023)(DiTella, Lonny) [Transferred from New York Northern on 12/22/2023.] |
| Filing 44 RESPONSE TO ORDER TO SHOW CAUSE filed by Transunion, LLC. (Nicodemus, Camille) [Transferred from New York Northern on 12/22/2023.] |
| Filing 43 Letter Motion from Adam T. Hill for Equifax Information Services, LLC requesting Pre-Motion Conference submitted to Judge Mae A. D'Agostino . (Hill, Adam) [Transferred from New York Northern on 12/22/2023.] |
| Filing 42 Letter Motion from Lonny DITella regarding Transfer to Southern District of New York for Lonny DiTella requesting Opposition to Transfer Case submitted to Judge Hummel . (DiTella, Lonny) [Transferred from New York Northern on 12/22/2023.] |
|
Filing 41
ORDER TO SHOW CAUSE: It is hereby ORDERS that Plaintiff shall SHOW CAUSE within fourteen (14) days of the date of this Order to Show Cause why this action should not be sua sponte transferred to the Southern District of New York (or any other district where venue lies); and the Court further ORDERS that Defendants shall file their position, if any, within seven (7) days of receipt of Plaintiff's response to the Order to Show Cause; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order to Show Cause on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 11/3/2023. (ban) [Transferred from New York Northern on 12/22/2023.]
|
|
Filing 40
TEXT ORDER granting in part #35 Letter Motion from Lonny DiTella requesting Sealing of the record : The Court directs that all documents filed in this case, by all parties, are not to include/display Plaintiff's address as well as other personal identifiers, normally redacted from public filings. Further, all documents filed prior to the entry of this Order, that include Plaintiff's address, have been restricted and will remain restricted to case participants only. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 11/3/2023. (tab) [Transferred from New York Northern on 12/22/2023.]
|
| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: In Chambers/Status Conference held on 11/3/2023 by telephone. Appearances by Plaintiff DiTella; Camille Nicodemus, Esq. for TransUnion; Adam Hill, Esq. for Equifax; Daniel Sloan, Esq. and Melanie Chan, Esq. for Experian. The issue of Plaintiff's protective orders and the request to seal the docket is addressed. The Court directs that Plaintiff's address not be displayed or included in any filing on the public docket and the Court directed that the Clerk remove the address from the case docket. The Court inquires about settlement possibilities. Defendants will answer the amended complaint and the case will be scheduled for a Rule 16 conference in due course. (Court Reporter Hannah Cavanaugh)[9:30am-9:44am] (tab) [Transferred from New York Northern on 12/22/2023.] |
| Filing 39 NOTICE OF APPEARANCE by Adam T. Hill on behalf of Equifax Information Services, LLC (Hill, Adam) [Transferred from New York Northern on 12/22/2023.] |
| Filing 38 NOTICE OF APPEARANCE by Daniel Sloan on behalf of Experian Information Solutions, Inc. (Sloan, Daniel) [Transferred from New York Northern on 12/22/2023.] |
| Filing 37 Letter Request/Motion from Pro Se Litigant Lonny DiTella requesting to participate in electronic filing submitted to Judge Hummel. (Attachments: #1 Exhibit(s) Related Order of Protection, #2 Exhibit(s) Related Order of Protection, #3 Exhibit(s) Related Order of Protection, #4 Exhibit(s) Related Order of Protection, #5 Exhibit(s) Related Order of Protection, #6 Exhibit(s) Related Order of Protection)(DiTella, Lonny) [Transferred from New York Northern on 12/22/2023.] |
|
Filing 36
TEXT ORDER deferring ruling on #35 Letter Motion from Lonny DiTella requesting Sealing of the record pending a Court Conference : A Court Conference has been set for Friday, 11/3/2023 @ 9:30 AM. Plaintiff DiTella and Defense counsel who have already appeared in the case are directed to participate. The conference will be conducted by telephone. Plaintiff and Counsel are directed to DIAL IN @ 518-217-2288 and use Conference ID 357 532 245 # to connect to the conference call. Authorized by Magistrate Judge Christian F. Hummel on 10/25/2023. (tab) [Transferred from New York Northern on 12/22/2023.]
|
| Filing 35 Letter Motion from Lonny DiTella for Lonny DiTella requesting Sealing of the record . (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s))(DiTella, Lonny) [Transferred from New York Northern on 12/22/2023.] |
|
Filing 34
TEXT ORDER granting #33 Consent Letter Motion from Melanie K. Chan for Experian Information Solutions, Inc. requesting Extension of Time to Respond to Complaint : Experian Information Solutions, Inc. answer due 11/30/2023. Authorized by Magistrate Judge Christian F. Hummel on 10/24/2023. (tab) [Transferred from New York Northern on 12/22/2023.]
|
| Filing 33 Consent Letter Motion from Melanie K. Chan for Experian Information Solutions, Inc. requesting Extension of Time to Respond to Complaint submitted to Judge Christian F. Hummel . (Chan, Melanie) [Transferred from New York Northern on 12/22/2023.] |
| Filing 32 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Experian Information Solutions, Inc. identifying Corporate Parent Experian plc, Other Affiliate New Management Services LLC, Other Affiliate Opt-Out Services LLC, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate VantageScore Solutions LLC for Experian Information Solutions, Inc... (Chan, Melanie) [Transferred from New York Northern on 12/22/2023.] |
| Filing 31 NOTICE OF APPEARANCE by Melanie K. Chan on behalf of Experian Information Solutions, Inc. (Chan, Melanie) [Transferred from New York Northern on 12/22/2023.] |
| Filing 30 EXHIBIT V re #17 Amended Complaint by Lonny DiTella (Attachments: #1 Envelope)(khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 29 EXHIBITS T-1 AND T-2 re #17 Amended Complaint by Lonny DiTella (Attachments: #1 Envelope)(khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 28 ANSWER to Complaint (Second) & Affirmative Defenses by Transunion, LLC.(Nicodemus, Camille) [Transferred from New York Northern on 12/22/2023.] |
| Filing 27 WAIVER OF SERVICE Returned Executed by Lonny DiTella. (DiTella, Lonny) [Transferred from New York Northern on 12/22/2023.] |
| ***Answer due date updated for Equifax Information Services, LLC answer due 11/24/2023. (khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 26 ANSWER to #17 Amended Complaint by Transunion, LLC.(Nicodemus, Camille) [Transferred from New York Northern on 12/22/2023.] |
| Filing 25 Summons Issued as to Equifax Information Services, LLC. (Attachments: #1 Summons issued as to Experian Information Solutions)(khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 24 EXHIBITS W-Z re #17 Amended Complaint by Lonny DiTella (khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 23 EXHIBIT "T" re #17 Amended Complaint by Lonny DiTella (khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 22 CERTIFICATE OF SERVICE by Lonny DiTella (khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 21 CERTIFICATE OF SERVICE by Lonny DiTella (khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 20 VARIOUS CERTIFICATES OF SERVICE by Lonny DiTella (khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 19 SUPPLEMENT TO AMENDED COMPLAINT by Lonny DiTella re #17 Amended Complaint (khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 18 EXHIBIT S to #17 Amended Complaint by Lonny DiTella. (Attachments: #1 Certificate of Service, #2 Envelope)(khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 17 AMENDED COMPLAINT against All Defendants filed by Lonny DiTella.(DiTella, Lonny) (Additional attachment(s) added on 9/29/2023: #1 Proposed Summons - Experian Information Solutions) (khr, ). [Transferred from New York Northern on 12/22/2023.] |
| CLERK'S CORRECTION OF DOCKET ENTRY re #16 Amended Complaint. The exhibits to the Amended Complaint have been restricted to Case Participants and Public Terminals because of personal identifiers contained in the documents. (see) [Transferred from New York Northern on 12/22/2023.] |
| Filing 16 AMENDED COMPLAINT against TransUnion filed by Lonny DiTella. (Attachments: #1 EXHIBITS A - R, #2 Envelope, #3 Certificate of Service by Mail)(khr) [Transferred from New York Northern on 12/22/2023.] |
| ***Answer due date updated for TransUnion answer due 10/2/2023. (khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 15 DEMAND for Trial by Jury by Lonny DiTella. (khr) [Transferred from New York Northern on 12/22/2023.] |
|
Filing 14
TEXT ORDER Plaintiff's granting #11 Pro Se Motion to Obtain ECF Login and Password, via PACER: The Court has reviewed Plaintiff's #11 request for permission to electronically file documents via CM/ECF. Since Plaintiff has filed a certification as directed showing that Plaintiff is in compliance with the Court's requirements, permission is granted for Plaintiff to participate in electronic case filing in this case only. Plaintiff is authorized to conduct N.D.N.Y. CM/ECF filing via a PACER account in ONLY this case. Plaintiff must not permit anyone else to utilize their PACER account. Plaintiff must comply with all N.D.N.Y. Local Rules, all Federal Rules, all General Orders of the N.D.N.Y., and all Court Orders, directives, and practices. Plaintiff must comply with all directives issued by the Clerk of Court to Plaintiff in connection with any filing on CM/ECF as to which the Clerks Office contacts Plaintiff. Plaintiff is advised and cautioned that any violation of any condition or any abuse otherwise of participation in electronic case filing will result in the immediate revocation of plaintiff participating in electronic case filing. Additionally, the court may revoke these electronic filing privileges if it determines in its sole discretion that plaintiff's use of the system is not satisfactory. SO ORDERED by Magistrate Judge Christian F. Hummel on 9/15/2023. (Copy served via regular mail on 9/15/2023)(tab) [Transferred from New York Northern on 12/22/2023.]
|
|
Filing 13
TEXT ORDER approving #10 Notice of Consent to the filing of an Amended Complaint filed by Lonny DiTella. Amended Pleadings due by 9/25/2023. The Rule 16 Initial Conference scheduled for 10/16/2023 at 10:30am and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date. The Initial Conference will be reset upon the filing of the Amended Complaint and Response/Answer by Defendant. Parties are advised that this Court will inquire about settlement possibilities at the Initial Conference and should be prepared to discuss any possibility at that time. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 9/15/2023. (Copy served via regular mail on 9/15/2023)(tab) [Transferred from New York Northern on 12/22/2023.]
|
|
Filing 12
TEXT ORDER granting in part #9 Letter Motion by Lonny DiTella requesting to seal the case: At the direction of the undersigned, the Clerk has taken action in this case, to restrict the currently filed documents that contain plaintiff's address to case participants only. The Court has also directed the Clerk to remove Plaintiff's address from the face of the case docket. The Court hereby directs all parties to redact Plaintiff's address on any future filings/submissions in this case, until further Order of the Court. Authorized by Magistrate Judge Christian F. Hummel on 9/15/2023. (Copy served via regular mail on 9/15/2023)(tab) [Transferred from New York Northern on 12/22/2023.]
|
| Filing 11 Pro Se MOTION to Obtain ECF Login and Password filed by Lonny DiTella. (Attachments: #1 Pro Se CM/ECF Registration Form, #2 Envelope) Motions referred to Christian F. Hummel. (hmr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 10 LETTER CONSENT to file an Amended Complaint under FRCP 15(a)(2) by Lonny DiTella. (Attachments: #1 Envelope)(hmr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 9 Letter Request/Motion from Lonny DiTella requesting to have the case sealed. submitted to Judge Hummel. (khr) (Additional attachment(s) added on 9/13/2023: #1 Duplicate of this filing - filed on 9/11/2023) (hmr, ). [Transferred from New York Northern on 12/22/2023.] |
| Filing 8 ANSWER to Complaint and Affirmative Defenses by TransUnion.(Nicodemus, Camille) [Transferred from New York Northern on 12/22/2023.] |
| Filing 7 NOTICE OF APPEARANCE by Camille R. Nicodemus on behalf of Trans Union LLC (Nicodemus, Camille) [Transferred from New York Northern on 12/22/2023.] |
| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Trans Union LLC identifying Corporate Parent TransUnion, Corporate Parent TransUnion Intermediate Holdings, Inc., Other Affiliate T. Rowe Price Group, Inc. for Trans Union LLC.. (Nicodemus, Camille) [Transferred from New York Northern on 12/22/2023.] |
| Filing 5 PRO SE HANDBOOK and NOTICE issued on August 30, 2023. (khr)(Mailed a copy of the pro se notice, pro se handbook and local rules to pro se plaintiff on 8/30/2023) [Transferred from New York Northern on 12/22/2023.] |
| Filing 4 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (khr)(Mailed copy to pro se plaintiff on 8/30/2023) [Transferred from New York Northern on 12/22/2023.] |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/16/2023 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/10/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)(Mailed copy to pro se plaintiff on 8/30/2023) [Transferred from New York Northern on 12/22/2023.] |
| Filing 2 COMPLAINT relating to #1 Notice of Removal filed by Plaintiff(s) in Albany City Court, Civil Part (Small Claim). (khr) [Transferred from New York Northern on 12/22/2023.] |
| Filing 1 NOTICE OF REMOVAL from Albany City Court, Civil Part, (Small Claim) case number SC-291-23 (Filing fee $402 receipt number ANYNDC-6427047) filed by Trans Union LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(khr) [Transferred from New York Northern on 12/22/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
