SULKA v. Equifax Information Services, LLC. et al
| PENNY SULKA |
| Equifax Information Services, LLC., Capital One Bank (USA), N.A. and Wells Fargo Home Mortgage |
| 4:2018cv00619 |
| August 29, 2018 |
| US District Court for the Eastern District of Texas |
| Kimberly C Priest Johnson |
| Amos L Mazzant |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Both |
Docket Report
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Filing 52
ORDER OF DISMISSAL. It is hereby ORDERED, ADJUDGED, AND DECREED that this entire action, and all of the claims asserted therein, be DISMISSED WITH PREJUDICE. Each party shall bear its own costs. Signed by District Judge Amos L. Mazzant, III on 7/1/2019. (baf, )
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| Filing 51 STIPULATION of Dismissal With Prejudice Jointly Made by Plaintiff & Defendants Wells Fargo and Equifax and filed by PENNY SULKA. (Attachments: #1 Proposed Order of Dismissal)(Okorie, Ken) (Attachment 1 replaced on 6/27/2019) (baf, ). |
| Filing 50 ***DEFICIENT DOCUMENT - PLEASE DISREGARD***STIPULATION of Dismissal as to Defendants Equifax Information Services and Wells Fargo Bank, NA by PENNY SULKA. (Okorie, Ken) Modified on 6/26/2019 (baf, ). |
| NOTICE of Deficiency regarding the JOINT STIPULATION TO DISMISS submitted DOCUMENT #50 - DOCUMENT IS NOT SIGNED BY THE FILING ATTORNEY AND PROPOSED ORDER NOT ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 49 NOTICE of Attorney Appearance by Forrest Mathew Seger, III on behalf of Equifax Information Services, LLC. (Seger, Forrest) |
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Filing 48
ORDER - DENYING AS MOOT #44 Motion for Leave to Appear Telephonically at Management Conference ; DENYING AS MOOT #45 Motion for Leave to Appear Telephonically at Management Conference. In light of Plaintiff Penny Sulka's ("Plaintiff") settlement with all remaining defendants in this matter, it is hereby ORDERED that the April 30, 2019, Rule 16 Management Conference is CANCELLED. IT IS HEREBY ORDERED that the parties shall submit to the Court all closing papers necessary for the resolution of the claims between them no later than June 29, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/30/2019. (baf, )
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| NOTICE CANCELLING Rule 16 Management Conference based on settlement. (ttm, ) |
| Filing 47 NOTICE of Settlement As To Defendant Equifax Only by PENNY SULKA (Okorie, Ken) |
| Filing 46 NOTICE of Settlement between Plaintiff and Wells Fargo Bank, N.A. by Wells Fargo Home Mortgage (Varshosaz, Artoush) |
| Filing 45 Amended MOTION Leave to Appear Telephonically at Management Conference re #44 MOTION Leave to Appear Telephonically at Management Conference by PENNY SULKA. (Okorie, Ken) |
| Filing 44 MOTION Leave to Appear Telephonically at Management Conference by PENNY SULKA. (Attachments: #1 Order Granting Motion To Appear Telephonically at Management Conference)(Okorie, Ken) (Attachment 1 replaced on 4/29/2019) (baf, ). |
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Filing 43
ORDER - GRANTING #41 Motion for Leave to Refile First Amended Joint Report of the Meeting and Case Discovery/Case Management Plan Under Rule 26(f) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/9/2019. (baf, )
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| Filing 42 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Scheduling Order)(Okorie, Ken) |
| Filing 41 MOTION for Leave to File First Amended Report of Rule 26(f) Meeting by PENNY SULKA. (Attachments: #1 Order Granting Motion for Leave to Refile 1st Amended Report of Rule 26(f) Meeting)(Okorie, Ken) (Attachment 1 replaced on 4/9/2019) (baf, ). |
| Filing 40 ***DEFICIENT DOCUMENT - PLEASE DISREGARD***REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Scheduling Order, #2 Motion for Leave to Refile Joint Report of Rule 26(f) Meeting, #3 Proposed Order Granting Motion tor Leave to Refile Report of Rule 26(f) Meeting)(Okorie, Ken) Modified on 4/8/2019 (baf, ). |
| NOTICE of Deficiency regarding the REPORT OF RULE 26(f) PLANNING MEETING submitted DOCUMENT #40 - A MOTION FOR LEAVE TO FILE AND PROPOSED ORDER ARE FILED AS ATTACHMENTS TO THIS REPORT. Correction should be made by ONE BUSINESS DAY (baf, ) |
| NOTICE of Deficiency regarding the REPORT OF RULE 26(f) PLANNING MEETING submitted DOCUMENT #39 - DOCUMENT IS NOT SIGNED BY AN ATTORNEY OF RECORD, IT APPEARS TO BE A DRAFT AS THERE ARE RED LINE NOTATIONS AND THERE IS NO PROPOSED ORDER ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 39 ***DEFICIENT DOCUMENT - PLEASE DISREGARD***REPORT of Rule 26(f) Planning Meeting. (Okorie, Ken) Modified on 4/1/2019 (baf, ). |
| Filing 38 NOTICE of Discovery Disclosure by PENNY SULKA (Okorie, Ken) |
| Filing 37 NOTICE of Attorney Appearance by Artoush Varshosaz on behalf of Wells Fargo Home Mortgage (Varshosaz, Artoush) |
| Filing 36 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION for Disclosure Plaintiff's Rule 26(A)(1) Disclosures by PENNY SULKA. (Okorie, Ken) Modified on 3/28/2019 (baf, ). |
| Filing 35 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION for Disclosure Plaintiff's Rule 26(A)(1) Disclosure by PENNY SULKA. (Okorie, Ken) Modified on 3/28/2019 (baf, ). |
| NOTICE of Deficiency regarding the NOTICE OF DISCLOSURE submitted DOCUMENT #36 - INCORRECT DOCKET EVENT USED FOR FILING AND THE DOCUMENT CONTAINS THE ACTUAL DISCLOSURE. Correction should be made by ONE BUSINESS DAY (baf, ) |
| NOTICE of Deficiency regarding the CORPORATE DISCLOSURE STATEMENT submitted DOCUMENT #35 - INCORRECT DOCKET EVENT USED FOR FILING. Correction should be made by ONE BUSINESS DAY (baf, ) |
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Filing 34
ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 4/30/2019 at 1:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Rule 26 Meeting Joint Report due by 3/31/2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 2/28/2019. (baf, )
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Filing 33
AMENDED MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for #31 Report and Recommendations. It is hereby ORDERED, ADJUDGED, AND DECREED that Defendant Capital One is DISMISSED WITH PREJUDICE from this lawsuit, with each party to bear its own costs. Plaintiff's claims against the remaining defendants remain pending at this time. Signed by District Judge Amos L. Mazzant, III on 2/25/2019. (baf, )
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Filing 32
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for #31 Report and Recommendations. It is hereby ORDERED, ADJUDGED, AND DECREED that Defendant Capital One is DISMISSED WITHOUT PREJUDICE from this lawsuit, with each party to bear its own costs. Plaintiff's claims against the remaining defendants remain pending at this time. Signed by District Judge Amos L. Mazzant, III on 2/21/2019. (baf, )
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| Filing 31 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #30 Notice of Voluntary Dismissal. Within fourteen (14) days after service of the magistrate judge's report, any party may serve and file written objections to the findings and recommendations of the magistrate judge. 28 U.S.C. 636(b)(1)(C). Signed by Magistrate Judge Kimberly C Priest Johnson on 2/1/2019. (rpc, ) |
| Filing 30 NOTICE of Voluntary Dismissal by PENNY SULKA (Okorie, Ken) (Additional attachment(s) added on 1/22/2019: #1 Text of Proposed Order) (baf, ). |
| Filing 29 ANSWER to #4 Amended Complaint by Capital One Bank (USA), N.A..(Tipton, Drew) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
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Filing 28
ORDER granting #27 Motion to Withdraw as Attorney. IT IS THEREFORE ORDERED that Jennifer L. Majewski is permitted to withdraw as counsel of record for Defendant Capital One in this matter. Signed by Magistrate Judge Kimberly C Priest Johnson on 1/17/2019. (rpc, )
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| Filing 27 MOTION to Withdraw as Attorney by Capital One Bank (USA), N.A.. (Attachments: #1 Exhibit Certificate of Conference, #2 Text of Proposed Order)(Majewski, Jennifer) (Attachment 2 replaced on 1/8/2019) (baf, ). |
| Filing 26 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION to Withdraw as Attorney by Capital One Bank (USA), N.A.. (Majewski, Jennifer) Modified on 1/7/2019 (baf, ). |
| NOTICE of Deficiency regarding the MOTION FOR LEAVE TO WITHDRAW submitted DOCUMENT #26 - NO CERTIFICATE OF CONFERENCE AND NO PROPOSED ORDER ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT filed by Wells Fargo Home Mortgage identifying Corporate Parent Wells Fargo Bank for Wells Fargo Home Mortgage. (Varshosaz, Artoush) |
| Filing 24 ANSWER to #4 Amended Complaint by Wells Fargo Home Mortgage.(Varshosaz, Artoush) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
| Defendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Capital One Bank (USA), N.A. to 1/18/2019. 21 Days Granted for Deadline Extension.( baf, ) |
| Filing 23 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Capital One Bank (USA), N.A..( Tipton, Drew) |
| Filing 22 NOTICE of Attorney Appearance by Drew B Tipton on behalf of Capital One Bank (USA), N.A. (Tipton, Drew) |
| Filing 21 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Capital One Bank (USA), N.A..( Majewski, Jennifer) |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Capital One Bank (USA), N.A. to 1/11/2019. 14 Days Granted for Deadline Extension.( baf, ) |
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Filing 20
ORDER. The Order Governing Proceedings in this case (Dkt. #19 ), is hereby WITHDRAWN, and the Rule 16 Management Conference on February 20, 2018, at 1:30 p.m., is CANCELLED. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/20/2018. (baf, )
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Filing 19
***WITHDRAWN PURSUANT TO ORDER #20 ***ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 2/20/2019 at 1:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Rule 26 Meeting Joint Report due by 1/28/2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/20/2018. (baf, ) Modified on 12/20/2018 (baf, ).
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| Filing 18 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Wells Fargo Home Mortgage.( Varshosaz, Artoush) |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Wells Fargo Home Mortgage to 1/4/2019. 16 Days Granted for Deadline Extension.( baf, ) |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Capital One Bank (USA), N.A. to 12/28/2018. 17 Days Granted for Deadline Extension.( baf, ) |
| Filing 17 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Capital One Bank (USA), N.A..( Majewski, Jennifer) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT filed by Capital One Bank (USA), N.A. (Majewski, Jennifer) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT filed by Equifax Information Services, LLC. identifying Corporate Parent Equifax Inc. for Equifax Information Services, LLC.. (Carter, Kendall) |
| Filing 14 ANSWER to #4 Amended Complaint by Equifax Information Services, LLC..(Carter, Kendall) |
| Filing 13 NOTICE of Attorney Appearance - Pro Hac Vice by Jennifer Lisa Majewski on behalf of Capital One Bank (USA), N.A.. Filing fee $ 100, receipt number 0540-7057283. (Majewski, Jennifer) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
| Filing 12 AFFIDAVIT of Service for Summons Equifax Information served on Vanessa Hernandez, Authorized Agent on November 20, 2018, filed by PENNY SULKA. (Attachments: #1 Summons(es) Issued Summons on Equifax Info)(Okorie, Ken) |
| Filing 11 AFFIDAVIT of Service for Summons Capital One Bank, N.A served on Dustin Kline. Authorized Aeent on November 20, 2018, filed by PENNY SULKA. (Attachments: #1 Summons(es) Issued Summons)(Okorie, Ken) |
| Filing 10 AFFIDAVIT of Service for Summons Wells Fargo Home Mortgage Inc. served on Vanessa Hernandaz, authorized agent on November 28, 2018, filed by PENNY SULKA. (Attachments: #1 Affidavit Issued Summons -Wells Fargo)(Okorie, Ken) |
| Filing 9 AFFIDAVIT of Service for Summons Capital One Bank served on Dustin Kline. Authorized Aeent on 11/20/2018, filed by PENNY SULKA. (Attachments: #1 Summons Capital One)(Okorie, Ken) |
| NOTICE of Deficiency regarding the AFFIDAVIT OF SERVICE submitted DOCUMENT #7 - SUMMONS ISSUED WAS NOT FILED. Correction should be made by ONE BUSINESS DAY (baf, ) |
| NOTICE of Deficiency regarding the AFFIDAVIT submitted DOCUMENT #8 - SUMMONS ISSUED WAS NOT FILED. Correction should be made by ONE BUSINESSS DAY (baf, ) |
| Filing 8 ***DEFICIENT DOCUMENT - PLEASE DISREGARD***AFFIDAVIT of Service for Summons Capital One Bank NA served on Dustin Kline. Authorized Agent on 11-20-2018, filed by PENNY SULKA. (Okorie, Ken) Modified on 11/28/2018 (baf, ). |
| Filing 7 ***DEFICIENT DOCUMENT - PLEASE DISREGARD***AFFIDAVIT of Service for Summons Equifax Information Systems, LLC served on Vanessa Hernandez, Authorized Agent on Nov 20 2018, filed by PENNY SULKA. (Okorie, Ken) Modified on 11/28/2018 (baf, ). |
| Filing 5 SUMMONS Issued as to Wells Fargo Home Mortgage. (daj, ) |
| Filing 4 AMENDED COMPLAINT 1st Amended Complaint against All Defendants, filed by PENNY SULKA.(Okorie, Ken) |
| Filing 3 SUMMONS Issued as to Equifax Information Services, LLC.. (daj, ) |
| Filing 2 SUMMONS Issued as to Capital One Bank (USA), N.A.. (daj, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-6919773.), filed by PENNY SULKA. (Attachments: #1 Civil Cover Sheet)(Okorie, Ken) |
| Case assigned to District Judge Amos L. Mazzant, III and referred to Magistrate Judge Kimberly C Priest Johnson. (daj, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (daj, ) |
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