Perlstein v. TransUnion, LLC et al
| Rachel Perlstein |
| TransUnion, LLC, Equifax Information Services, LLC and Bank of America, N.A. |
| 7:2022cv02381 |
| March 23, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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Filing 31
ORDER with respect to #26 Motion to Dismiss. Accordingly, it is hereby ORDERED that, by no later than May 27, 2022, plaintiff must notify the Court by letter whether she (i) intends to file an amended complaint in response to Bank of America's motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in Bank of America's motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Cap. v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, she must file the amended complaint by no later than 14 days after notifying the Court of her intent to do so. Within 21 days of such amendment, each defendant may either: (i) file an answer to the amended complaint; (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that it is relying on its initially filed motion to dismiss or answer, as applicable. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 5/18/2022) (tg)
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Filing 30
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by September 15, 2022. The parties have conferred and their present best estimate of the length of the trial is 2-3 days. Motions due by 6/17/2022. Deposition due by 10/30/2022. Fact Discovery due by 9/15/2022. Expert Discovery due by 10/30/2022. Discovery due by 11/18/2022. Case Management Conference set for 11/21/2022 at 03:30 PM before Judge Vincent L. Briccetti. (And as further set forth herein.) SO ORDERED. (Signed by Judge Vincent L. Briccetti on 5/18/2022) (jca)
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| Filing 29 NOTICE OF APPEARANCE by Robert Thomas Yusko on behalf of Rachel Perlstein..(Yusko, Robert) |
| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 5/18/2022. Case management plan signed. Next conference is scheduled for 11-21-22 at 3:30 p.m. (dh) |
| Filing 28 DECLARATION of Shan P. Massand in Support re: #26 MOTION to Dismiss .. Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit Summons and Complaint).(Massand, Shan) |
| Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss . . Document filed by Bank of America, N.A...(Massand, Shan) |
| Filing 26 MOTION to Dismiss . Document filed by Bank of America, N.A...(Massand, Shan) |
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Filing 25
ORDER OF DISMISSAL: The Court has been advised that plaintiff and defendant Equifax Information Services, LLC, have settled this matter. (Doc.# 23). Accordingly, it is hereby ORDERED that this action is dismissed against defendant Equifax Information Services, LLC, only, without costs, and without prejudice to the right to restore the action against defendant Equifax Information Services, LLC, to the Court's calendar, provided the application to restore the action is made by no later than July 11, 2022. To be clear, any application to restore the action against Equifax Information Services, LLC, must be filed by July 11, 2022, and any application to restore the action against Equifax Information Services, LLC, filed thereafter may be denied solely on the basis that it is untimely. The Clerk is instructed to terminate Equifax Information Services, LLC, as a defendant in this case. SO ORDERED. Equifax Information Services, LLC terminated. (Motions due by 7/11/2022.) (Signed by Judge Vincent L. Briccetti on 5/12/2022) (mml)
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| Filing 24 PROPOSED CASE MANAGEMENT PLAN. Document filed by Rachel Perlstein..(Merritt, Christofer) |
| Filing 23 NOTICE of Settlement as to Equifax Information Services LLC. Document filed by Rachel Perlstein..(Merritt, Christofer) |
| Filing 22 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 5-18-22 at 3:00p.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Initial Conference set for 5/18/2022 at 03:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml) |
| Filing 21 ANSWER to #1 Complaint. Document filed by TransUnion, LLC..(Nicodemus, Camille) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer: By 5/16/2022, defendant Equifax Information Services, LLC, shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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| Filing 19 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Vincent L. Briccetti from Equifax Information Services LLC dated April 14, 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 granting #15 Letter Motion for Extension of Time to Answer: By 5/19/2022, defendant Bank of America N.A. shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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| Filing 16 SUMMONS RETURNED EXECUTED. Bank of America, N.A. served on 3/29/2022, answer due 4/19/2022. Document filed by Rachel Perlstein..(Merritt, Christofer) |
| Filing 15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Vincent L. Briccetti from Shan Massand dated April 11, 2022. Document filed by Bank of America, N.A...(Massand, Shan) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BAC North America Holding Company, Corporate Parent Bank Of America Corporation, Corporate Parent Bank of America NA, Corporate Parent NB Holdings Corporation, Other Affiliate Berkshire Hathaway Inc., for Bank of America, N.A.. Document filed by Bank of America, N.A...(Massand, Shan) |
| Filing 13 NOTICE OF APPEARANCE by Shan P. Massand on behalf of Bank of America, N.A...(Massand, Shan) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent T. Rowe Price Group, Inc., Corporate Parent TransUnion Intermediate Holdings, Inc. for TransUnion, LLC. Document filed by TransUnion, LLC..(Nicodemus, Camille) |
| Filing 11 NOTICE OF APPEARANCE by Camille Renee Nicodemus on behalf of TransUnion, LLC..(Nicodemus, Camille) |
| Filing 10 SUMMONS RETURNED EXECUTED. TransUnion, LLC served on 3/25/2022, answer due 4/15/2022. Document filed by Rachel Perlstein..(Merritt, Christofer) |
| Filing 9 SUMMONS RETURNED EXECUTED. Equifax Information Services, LLC served on 3/25/2022, answer due 4/15/2022. Document filed by Rachel Perlstein..(Merritt, Christofer) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Bank of America, N.A...(pc) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to TransUnion, LLC..(pc) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Equifax Information Services, LLC..(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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Transunion, LLC, re: #1 Complaint. Document filed by Rachel Perlstein..(Merritt, Christofer) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Equifax Information Services, LLC, re: #1 Complaint. Document filed by Rachel Perlstein..(Merritt, Christofer) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bank of America, N.A., re: #1 Complaint. Document filed by Rachel Perlstein..(Merritt, Christofer) |
| Filing 2 CIVIL COVER SHEET filed..(Merritt, Christofer) |
| Filing 1 COMPLAINT against Bank of America, N.A., Equifax Information Services, LLC, TransUnion, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25906739)Document filed by Rachel Perlstein..(Merritt, Christofer) |
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