Gaillard v. Capital One Auto Finance et al
Plaintiff: Francine Gaillard
Defendant: Capital One Auto Finance, Axiom Product Administration LLC and John Doe Defendants
Case Number: 3:2021cv02228
Filed: July 21, 2021
Court: US District Court for the District of South Carolina
Presiding Judge: J Michelle Childs
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2021 Filing 21 RESPONSE in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations, #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Francine Gaillard.Reply to Response to Motion due by 9/24/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A. Motion to Dismiss State Action, #2 Exhibit B. Order Denying Motion to Dismiss State Action, #3 Exhibit C. Axiom Contact Log, #4 Exhibit D. State Action Summons and Complaint)(Barber, Phillip)
September 16, 2021 Filing 20 TEXT ORDER granting #19 MOTION for Extension of Time to File Response/Reply as to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations.(Response to Motion due by 9/17/2021. Replies due by 10/1/2021). Signed by Honorable J Michelle Childs on 9/16/2021. (asni, )
September 15, 2021 Filing 19 Joint MOTION for Extension of Time to File Response/Reply as to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations by Capital One Auto Finance. Response to Motion due by 9/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Jefferson, Meliah)
September 15, 2021 Filing 18 NOTICE of Hearing on Motion #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations : Motion Hearing set for 10/15/2021 10:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. (asni, )
September 3, 2021 Filing 17 Local Rule 26.01 Answers to Interrogatories by Axiom Product Administration LLC.(Boguski, Christopher)
September 3, 2021 Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Axiom Product Administration LLC. Response to Motion due by 9/17/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - State Court Complaint - 10.2.2020)No proposed order.(Boguski, Christopher)
September 2, 2021 Filing 15 Local Rule 26.01 Answers to Interrogatories by Capital One Auto Finance.(Jefferson, Meliah)
September 2, 2021 Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations by Capital One Auto Finance. Response to Motion due by 9/16/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion to Dismiss and Motion to Strike Class Action Allegations)No proposed order.(Jefferson, Meliah)
August 13, 2021 Filing 13 LETTER EXTENDING TIME TO ANSWER Axiom Product Administration LLC answer due 9/3/2021. (Attachments: #1 Exhibit 1 - Email confirming extension)(Boguski, Christopher)
August 13, 2021 Filing 12 NOTICE of Appearance by Christopher Lee Boguski on behalf of Axiom Product Administration LLC (Boguski, Christopher)
August 11, 2021 Filing 11 TEXT ORDER granting #10 Motion for Extension of Time to Answer Capital One Auto Finance answer due 9/2/2021. Signed by Honorable J Michelle Childs on 8/11/2021.(asni, )
August 10, 2021 Filing 10 Consent MOTION for Extension of Time to File Answer by Capital One Auto Finance. Response to Motion due by 8/24/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Muckenfuss, Robert)
August 10, 2021 Filing 9 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Capital One Auto Finance.(Muckenfuss, Robert)
August 10, 2021 Filing 8 NOTICE of Appearance by Robert A Muckenfuss on behalf of Capital One Auto Finance (Muckenfuss, Robert)
August 10, 2021 Filing 7 SUMMONS Returned Executed by Francine Gaillard. Capital One Auto Finance served on 7/22/2021, answer due 8/12/2021. (Attachments: #1 Exhibit A-Proof of Service)(Harpootlian, Richard)
August 3, 2021 Filing 6 SUMMONS Returned Executed by Francine Gaillard. Axiom Product Administration LLC served on 7/23/2021, answer due 8/13/2021. (Attachments: #1 Exhibit Affidavit of Service)(asni, ) refiled by the clerk to correct event type.
July 22, 2021 Filing 5 Summons Issued as to Axiom Product Administration LLC. (asni, )
July 22, 2021 Filing 4 Summons Issued as to Capital One Auto Finance. (asni, )
July 21, 2021 Filing 2 Local Rule 26.01 Answers to Interrogatories by Francine Gaillard.(asni, )
July 21, 2021 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0420-9973352.), filed by Francine Gaillard. Service due by 10/19/2021 (Attachments: #1 Exhibit A-retail installment contract, #2 Exhibit B-GAP contract, #3 Exhibit C-Axiom's statement to BBB, #4 Exhibit D-correspondence, #5 Exhibit E-excerpt from Equifax credit report, #6 Exhibit F-excerpts from TransUnion credit report)(asni, )

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Plaintiff: Francine Gaillard
Represented By: Christopher P Kenney
Represented By: J Derrick Jackson
Represented By: Phillip Donald Barber
Represented By: Richard A Harpootlian
Represented By: Tobias Gavin Ward, Jr
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Defendant: Capital One Auto Finance
Represented By: Meliah Bowers Jefferson
Represented By: Robert A Muckenfuss
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Defendant: Axiom Product Administration LLC
Represented By: Christopher Lee Boguski
Represented By: Joseph Calhoun Watson
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Defendant: John Doe Defendants
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