Duren v. Westlake Services LLC
| Tesia Duren |
| Westlake Services LLC |
| 4:2025cv00307 |
| March 18, 2025 |
| U.S. District Court for the Northern District of Texas |
| Reed O'Connor |
| Hal R Ray |
| Other Statutes: Consumer Credit |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on October 30, 2025. A more recent docket listing may be available from PACER.
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Filing 40
REPLY filed by Westlake Services LLC re: #36 MOTION to Strike #32 Amended Complaint,,, (Liebler, James)
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Filing 39
RESPONSE AND OBJECTION filed by Tesia Duren re: #37 Amended MOTION to Amend/Correct Complaint (Motion for Leave to file Amended complaint) (Duren, Tesia)
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Filing 38
ORDER: Before the Court is Defendant Westlake Services, LLC's Motion to Strike Plaintiff's Unauthorized Third Amended Complaint (ECF No. #36 ), filed on August 19, 2025. Plaintiff shall file a response to the Motion on or before September 9, 2025. Also by that date, Plaintiff shall file a brief that complies with the Local Civil Rules of the Northern District of Texas, specifically (1) Rule 7.1(d) and Rule 7.2 (which require certain materials be included in a brief). The Local Civil Rules of the Northern District of Texas can be accessed online at the following address: http://www.txnd.uscourts.gov/civil-rules. The Court cautions Plaintiff that failure to file a response by September 9, 2025, may result in a ruling on the Motion without the response. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/20/2025) (sre)
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Filing 37
Amended MOTION to Amend/Correct Complaint (Motion for Leave to file Amended complaint) filed by Tesia Duren with Brief/Memorandum in Support. (Duren, Tesia)
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Filing 36
MOTION to Strike #32 Amended Complaint,,, filed by Westlake Services LLC (Attachments: #1 Proposed Order) (Liebler, James)
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Filing 35
ORDER re #33 : if Defendant wishes the Court to consider the Motion, it shall confer with Plaintiff to determine whether the Motion is opposed, provide the information required by L.C.R. 7.1(b), and file an amended Motion on or before August 19, 2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/15/2025) (wxc)
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Filing 34
REPLY filed by Westlake Services LLC re: #30 Response/Objection, #29 Motion to Dismiss for Failure to State a Claim (Liebler, James)
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Filing 33
MOTION to Strike #32 Amended Complaint,,, Defendant's Motion to Strike Plaintiff's Unauthorized Third Amended Complaint - [DE 32] filed by Westlake Services LLC (Liebler, James)
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Filing 32
AMENDED COMPLAINT To increase damages from $5000 to $10000 against Westlake Services LLC filed by Tesia Duren. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Proposed Amendment Amended Complaint to Increase Damages from $5,000 to $10,000 due to Continued Harm from Reporting Violations (Tesia Duren)) (Duren, Tesia)
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Filing 31
Supplemental Document by Tesia Duren as to #30 Response/Objection, In support of amended Complaint for increased damages & in opposition to motion to dismiss. (Attachments: #1 Exhibit(s) Supplemental Exhibits in Support of Amended Complaint for Increased Damages) (Duren, Tesia)
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Filing 30
RESPONSE filed by Tesia Duren re: #29 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s) Exhibits AF: Dispute History, Westlake Acknowledgement, Communications, Verification Without Correction, Equifax Removal, and FCRA Violations, #2 Exhibit(s) Exhibits AF: Dispute History, Westlake Acknowledgement, Communications, Verification Without Correction, Equifax Removal, and FCRA Violations) (Duren, Tesia)
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Filing 29
Motion to Dismiss for Failure to State a Claim filed by Westlake Services LLC with Brief/Memorandum in Support. (Smith, Ashley)
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Filing 28
Plaintiff's Initial Disclosures by Tesia Duren. (Clerk QC note: No affiliate entered in ECF). (Duren, Tesia) Modified on 7/24/2025 (wxc).
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Filing 27
SECOND AMENDED COMPLAINT against Westlake Services LLC filed by Tesia Duren. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (sre)
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Filing 26
ORDER: The Court GRANTS the Motion (ECF No. #24 ). The Clerk SHALL FILE the plaintiff's Second Amended Complaint, previously filed as ECF No. #24 at 3-5. The Court DEEMS the pending Motion to Dismiss (ECF No. #18 ). as moot. The defendant SHALL FILE any pleading or other response to the Second Amended Complaint on or before July 25, 2025.Responses due by 7/25/2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 7/11/2025) (sre)
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***MJStar Credit Entry granting #24 per #26 .*** (sre)
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***MJStar Credit Entry terming #18 per #26 .*** (sre)
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Filing 25
RESPONSE filed by Westlake Services LLC re: #24 MOTION for Leave to File Second Amended Complaint (Smith, Ashley)
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Filing 24
MOTION for Leave to File Second Amended Complaint filed by Tesia Duren (hcc)
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Filing 23
ORDER: The Clerk of Court is DIRECTED to Strike the Motion (ECF No. #22 ). If Plaintiff wishes the Court to consider the Motion, Plaintiff shall confer with Defendant's counsel to determine whether the Motion is opposed, provide the certificate of conference and other information required by L.C.R. 7.1(b) and 15.1, attach a copy of the proposed Second Amended complaint to the Motion, and file an amended Motion on or before June 27, 2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 6/18/2025) (mmw)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:23. Wed Jun 18 11:55:31 CDT 2025 (crt)
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Filing 22
***STRICKEN per #23 ORDER*** MOTION for Leave to File Second Amended Complaint filed by Tesia Duren. (sre) Modified on 6/18/2025 (mmw).
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Filing 21
REPLY filed by Westlake Services LLC re: #18 Motion to Dismiss for Failure to State a Claim (Smith, Ashley)
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Filing 20
RESPONSE filed by Tesia Duren re: #18 Motion to Dismiss for Failure to State a Claim. (sre)
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Filing 19
ORDER: Before the Court is Defendant Westlake Services, LLC's Motion to Dismiss (ECF No. #18 ), filed on May 21, 2025. Plaintiff shall file a response to the Motion on or before June 11, 2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/22/2025) (wxc)
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Filing 18
Motion to Dismiss for Failure to State a Claim filed by Westlake Services LLC with Brief/Memorandum in Support. (Smith, Ashley)
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Filing 17
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED WITHOUT LOCAL COUNSEL #16 : Before the Court is Defendant's Motion for Leave to Proceed Without Local Counsel filed on May 20, 2025. ECF No. #16 . After considering the Motion and noting Ashley Smith's membership in the Bar of the Northern District of Texas, the Court finds that Defendant's Motion should be and is hereby GRANTED. The Court ORDERS that Ms. Smith may represent Defendant without local counsel, subject to further order of the Court. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/21/2025) (sre)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Wed May 21 09:48:50 CDT 2025 (crt)
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Filing 16
MOTION Motion for Leave to Proceed Without Local Counsel filed by Westlake Services LLC (Smith, Ashley)
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Filing 15
SCHEDULING ORDER: Joinder of Parties due by 11/3/2025. Amended Pleadings due by 11/3/2025. Motions due by 3/6/2026. Deadline for mediation is on or before 12/3/2025. Discovery due by 11/3/2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/15/2025) (wxc)
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Filing 14
ORDER REGARDING DESIGNATION OF LOCAL COUNSEL: the Court sua sponte extends the deadline for counsel to show cause why he did not comply with the Court's prior Order regarding designation of local counsel on or before May 22, 2025. Alternatively, he may seek leave to proceed without local counsel or designate other local counsel on or before May 22, 2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/15/2025) (wxc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:14,15. Thu May 15 16:34:51 CDT 2025 (crt)
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Filing 13
Report Regarding Contents of Scheduling Order by Westlake Services LLC. (Smith, Ashley) Modified docket text on 5/15/2025 (wxc).
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Filing 12
Designation of lead counsel Ashley Burnette Smith for Defendant Westlake Services LLC. (Smith, Ashley)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Fri May 9 13:12:23 CDT 2025 (crt)
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Filing 11
SHOW CAUSE ORDER: It is therefore ORDERED that the parties SHOW CAUSE why they failed to comply with the Court's Order, or submit a joint report as provided in the March 20 Order, on or before May 15, 2025. Additionally, Defendant will SHOW CAUSE why it failed to comply with the Court's Order regarding local counsel on or before May 15, 2025. Alternatively, it may seek leave to proceed without local counsel or designate local counsel on or before May 15, 2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/8/2025) (wxc)
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Filing 10
ORDER:Plaintiff's original complaint rather than the live pleading, the Court DEEMS Defendant's Motion to Dismiss (ECF No. #8 ) as MOOT. Defendant SHALL file an amended pleading or motion in response to Plaintiff's Amended Complaint on or before May 22, 2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/8/2025) (wxc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Thu May 8 15:35:54 CDT 2025 (crt)
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Filing 9
AMENDED COMPLAINT against Westlake Services LLC filed by Tesia Duren. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. ***FILED USING EMERGENCY FILING EMAIL*** (cea)
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Filing 8
MOTION to Dismiss Defendants Motion to Dismiss Plaintiffs Original Petition DE 1 with Prejudice and Incorporated Memorandum of Law filed by Westlake Services LLC (Attachments: #1 Exhibit(s) Docket, #2 Exhibit(s) DE 01 - Westlakes Notice of Removal, #3 Exhibit(s) DE 10 - Order Directing Pl to File Amended Cmpt, #4 Exhibit(s) DE 11 - Order Recommending Dismissal and Returning Case to District Judge, #5 Exhibit(s) DE 12 - Order Accepting Findings Conclusions and Recommendation of the US Mag Judge) (Liebler, James)
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Filing 7
ORDER: The Court sua sponte grants Duren an extension of time until on or before April 21, 2025 to comply with the Court's prior #6 order. Plaintiff shall file an amended pleading entitled "Plaintiff's First Amended Complaint". Likewise, Defendant shall within ten days after Plaintiff files the First Amended Complaint, file an answer or other pleading in response to Plaintiff's First Amended Complaint. The Court further ORDERS that failure of any party to comply with this order may result in the imposition of sanctions, up to and including dismissal of Plaintiffs claims or granting of a default judgment, as appropriate, without further notice. (Ordered by Magistrate Judge Hal R. Ray, Jr on 4/11/2025) (jnp)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri Apr 11 08:21:15 CDT 2025 (crt)
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Filing 6
ORDER REGARDING DESIGNATION OF LOCAL COUNSEL: Defendant's counsel shall seek leave of court to proceed without local counsel or shall designate such counsel on or before April 21, 2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/20/2025) (jnp)
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Filing 5
ORDER: Lead counsel for each party and any unrepresented party SHALL confer by April 17, 2025. The Joint Report SHALL be filed by April 29, 2025. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/20/2025) (jnp)
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Filing 4
ORDER TO REPLEAD: The Court ORDERS that on or before April 10, 2025, Plaintiff shall file an amended pleading entitled "Plaintiff's First Amended Complaint". Defendant shall by within ten days after Plaintiff files the First Amended Complaint, file an answer or other response to Plaintiff's First Amended Complaint. The Court further ORDERS that failure of any party to comply with this order may result in the imposition of sanctions, up to and including dismissal of Plaintiff's claims or granting of a default judgment, as appropriate, without further notice. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/20/2025) (jnp)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:4, 5, 6. Thu Mar 20 09:32:14 CDT 2025 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. Wed Mar 19 13:30:46 CDT 2025 (crt)
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Filing 3
Notice and Instruction to Pro Se Party (wxc)
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Filing 2
New Case Notes: A filing fee has been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Ray preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc)
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Filing 1
NOTICE OF REMOVAL filed by Westlake Services LLC. (Filing fee $405; receipt number ATXNDC-15350034) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s), #2 Cover Sheet, #3 Cover Sheet Supplement) (Liebler, James)
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| Plaintiff: Tesia Duren | |
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| Defendant: Westlake Services LLC | |
| Represented By: | Ashley Burnette Smith |
| Represented By: | James Randolph Liebler, II |
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