WILLS v. EXPERIAN SERVICES CORP.
| JAMES L. WILLS, IV |
| EXPERIAN SERVICES CORP., TRANS UNION LLC and EQUIFAX INFORMATION SERVICES, LLC |
| 1:2024cv00114 |
| February 14, 2024 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| THOMAS D SCHROEDER |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| None |
Docket Report
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This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 Roseboro Letter re: #15 Motion to Dismiss. Response to Motion due by 4/18/2024. (cc) |
| Filing 17 CERTIFICATE OF WORD COUNT by EXPERIAN SERVICES CORP. re #16 Memorandum, (ENLOE, CAREN) Modified on 3/28/2024 to rename title of Docket Entry. (cc) |
| Filing 16 MEMORANDUM filed by Defendants EQUIFAX INFORMATION SERVICES, LLC, EXPERIAN SERVICES CORP., TRANS UNION LLC re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by EQUIFAX INFORMATION SERVICES, LLC, EXPERIAN SERVICES CORP., TRANS UNION LLC. (ENLOE, CAREN) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by EQUIFAX INFORMATION SERVICES, LLC, EXPERIAN SERVICES CORP., TRANS UNION LLC. (ENLOE, CAREN) |
| Filing 14 Corporate Disclosure Statement identifying Corporate Parent EQUIFAX INC. for EQUIFAX INFORMATION SERVICES, LLC.. (GOEMANN, ETHAN) |
| Filing 13 NOTICE of Attorney Appearance by attorney ETHAN C. GOEMANN on behalf of Defendant EQUIFAX INFORMATION SERVICES, LLC (GOEMANN, ETHAN) |
| TEXT ORDER granting #9 Motion for Extension of Time and #10 Motion for Extension of Time. Defendants TRANS UNION LLC and EXPERIAN SERVICES CORP. (collectively, Defendants) shall answer or otherwise respond to this action by 03/27/2024. In #9 Motion and #10 Motion, counsel for Defendants sought a 30-day extension of time to properly investigate the claims in #4 Complaint and [8-2] Complaint. In those filings, Plaintiff invoked roughly a half-dozen, federal statutory provisions in connection with vague allegations about his credit report. As pointed out in #10 Motion, to reasonably respond to such a pleading, counsel for Defendants, at a minimum, must "locate and assemble documents relating to Plaintiff's credit file, any disputes submitted by Plaintiff, and [any] reinvestigation of any such disputes." That sort of activity reasonably may require the additional time sought in #9 Motion and #10 Motion. In the face of that reality, Plaintiff has, in #12 Opposition, "express[ed his] firm opposition to any postponement of the scheduled proceedings." In Plaintiff's view, because he "ha[s] diligently prepared [his] case and [is] fully ready to present [his] arguments and evidence to the [C]ourt," the Court should deny any extension of time to Defendants. That view conflicts with the plain language of Federal Rule of Civil Procedure 6(b)(1)(A), which permits timely requested extensions upon a showing of "good cause." The Court finds such good cause satisfied in this case. The Court also notes that Plaintiff has not alleged any concrete prejudice that this brief extension would cause, but instead relies on mere conclusory allegations that "[a]ny delay in the proceedings would not only be inconvenient for [him] but would also... caus[e] unnecessary hardship and inconvenience." Under these circumstances, the Court has exercised its discretion to grant the reasonable extension requested by Defendants. Issued by MAG/JUDGE L. PATRICK AULD on 03/05/2024. (AULD, L.) |
| Filing 12 RESPONSE filed by Plaintiff JAMES L. WILLS, IV re #10 MOTION for Extension of Time to File Answer, #9 MOTION for Extension of Time to File Answer. Replies due by 3/15/2024. (Attachments: #1 Envelope - Front and Back) (sh) |
| Filing 11 Corporate Disclosure Statement identifying Corporate Parent TRANSUNION, Corporate Parent TRANSUNION INTERMEDIATE HOLDINGS, INC., Other Affiliate T. ROWE PRICE GROUP, INC. for TRANS UNION LLC.. (KIRKLAND, MARC) |
| Filing 10 MOTION for Extension of Time to File Answer re #4 Complaint by TRANS UNION LLC. (Attachments: #1 Text of Proposed Order)(KIRKLAND, MARC) |
| TEXT ORDER (A) temporarily granting in part #10 Motion for Extension of Time, in that Defendant Trans Union LLC's time to answer or otherwise respond to this action is tolled, pending an expedited opportunity for Plaintiff to respond to #10 Motion; and (B) shortening the deadline for Plaintiff to respond to #10 Motion to 03/05/2024. In light of the shortened response time, the Clerk shall notify Plaintiff of this Text Order by telephone at the number he listed for himself on Page 3 of 4 Complaint. Issued by MAG/JUDGE L. PATRICK AULD on 02/27/2024. (AULD, L.) |
| Telephone call held on 2/27/2024 to PLAINTIFF JAMES L. WILLS, IV. Plaintiff was advised of the shortened deadline to 3/5/2024 for him to have an opportunity to file a response to #10 Motion for Extension of Time to File Answer. (at) |
| Set/Response Deadline re #9 MOTION for Extension of Time to File Answer re #4 Complaint : Response to Motion due by 3/4/2024. (at) |
| Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE: #10 MOTION for Extension of Time to File Answer re #4 Complaint. (ae) |
| Set/Response Deadline re #10 MOTION for Extension of Time to File Answer re #4 Complaint : Response to Motion due by 3/5/2024. (at) |
| TEXT ORDER (A) temporarily granting in part #9 Motion for Extension of Time, in that Defendant Experian Services Corp.'s time to answer or otherwise respond to this action is tolled, pending an expedited opportunity for Plaintiff to respond to #9 Motion; and (B) shortening the deadline for Plaintiff to respond to #9 Motion to 03/04/2024. In light of the shortened response time, the Clerk shall notify Plaintiff of this Text Order by telephone at the number he listed for himself on Page 3 of #4 Complaint. Issued by MAG/JUDGE L. PATRICK AULD on 02/26/2024. (AULD, L.) |
| Telephone call on 2/26/2024 to PLAINTIFF JAMES L. WILLS, IV. Plaintiff was advised of the shortened deadline to 3/4/2024 for him to have an opportunity to file a response to #9 Motion for Extension of Time to File Answer. Address of Clerk's Office provided to Plaintiff. (ae) |
| Filing 9 MOTION for Extension of Time to File Answer re #4 Complaint by EXPERIAN SERVICES CORP.. (Attachments: #1 Text of Proposed Order)(ENLOE, CAREN) |
| Filing 8 AMENDED PETITION for Removal, filed by EXPERIAN SERVICES CORP.. (Attachments: #1 Exhibit A - State Court Action served on Experian, #2 Exhibit B - State Court Action served on TransUnion and Equifax, #3 Exhibit C - TransUnion's Consent to Removal, #4 Exhibit D - Equifax's Consent to Removal)(ENLOE, CAREN) |
| Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE: #9 MOTION for Extension of Time to File Answer re #4 Complaint. (ae) |
| Filing 7 CERTIFICATE OF SERVICE by EXPERIAN SERVICES CORP. re #6 Notice of Right to Consent (ENLOE, CAREN) |
| Filing 6 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent to jurisdiction)(al) |
| Case ASSIGNED to JUDGE THOMAS D. SCHROEDER and MAG/JUDGE L. PATRICK AULD. (al) |
| Filing 5 Summons Issued as to EXPERIAN SERVICES CORP. (State Court document originally filed in Durham County District Court, case number 24CVM675, issued 2/1/2024, listed as Exhibit A to #1 Petition for Removal) (lg) |
| Filing 4 COMPLAINT against EXPERIAN SERVICES CORP., filed by JAMES L. WILLS, IV. (State Court document originally filed in Durham County District Court, case number 24CVM675, listed as Exhibit A to #1 Petition for Removal) (lg) |
| Filing 3 Corporate Disclosure Statement identifying Corporate Parent EXPERIAN PLC for EXPERIAN SERVICES CORP. (ENLOE, CAREN) Modified on 2/14/2024 to remove duplicate punctuation. (lg) |
| Filing 2 NOTICE of Attorney Appearance by attorney CAREN D. ENLOE on behalf of Defendant EXPERIAN SERVICES CORP. (ENLOE, CAREN) |
| Filing 1 PETITION FOR REMOVAL from Durham County District Court, case number 24CVM675, against EXPERIAN SERVICES CORP. (Filing fee $ 405 receipt number ANCMDC-3764280.), filed by EXPERIAN SERVICES CORP.. (Attachments: #1 Exhibit A - State Court Action)(ENLOE, CAREN) Modified on 2/14/2024 to add other court information. (lg) |
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