Black v. Trust Bank et al
| J.B. Black |
| Trust Bank, Early Warning Services LLC, Experian Information Solutions Inc, CITIBANK, First Service Credit Union, Woodforest National Bank, Bristol West Insurance Company, Mercury Insurance Company, Accutrend Data Corporation, Synchrony Bank, Prosper Marketplace Inc, WebBank Corporation, LendingClub Corporation, Elan Financial Services, Comcast of Houston LLC, Comcast Cable Communication LLC, C U Financial Group, LLC and Truist Bank |
| 4:2021cv04231 |
| December 31, 2021 |
| US District Court for the Southern District of Texas |
| Andrew S Hanen |
| Gray H Miller |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Both |
Docket Report
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This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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Filing 84
ORDER. Having failed to show cause, parties Mercury Insurance Company, Woodforest National Bank and CU Financial Goup are DISMISSED from this case without prejudice. (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 83
ORDER. By 3/13/2023, Plaintiff is ordered to show cause why Mercury Insurance Company should remain a defendant in this lawsuit. Plaintiff is further ordered to show cause why this case should not be dismissed as to the unserved Defendants, Woodforest National Bank and CU Financial Group, LLC by 3/13/2023. (Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)
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Filing 82
ORDER. The Court grants #56 Bristol West Insurnace Company's Motion to Dismiss, grants #68 Accutrend Data Corporation's Motion to Dismiss, grants #73 Synchrony Bank's Motion for Judgment on the Pleadings, grants #76 Elan Financial Services' Motion to Dismiss, grants #77 WebBank and LendingClub Corporations' Motion for Summary Judgment. These defendants are dismissed with prejudice. (Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)
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All Court settings are terminated See docket entry #67 . (rhawkins)
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Filing 81
STATUS REPORT by CITIBANK, filed.(Martin Powers, Meagan)
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Filing 80
ORDER granting #79 Motion to Dismiss. Plaintiff's claims against Comcast of Houston LLC and Comcast Cable Communication LLC are DISMISSED without prejudice..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 79
MOTION to Dismiss #64 Memorandum and Order, by Comcast Cable Communication LLC, Comcast of Houston LLC, filed. Motion Docket Date 11/25/2022. (Gregor, Thomas)
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Filing 78
NOTICE of Change of Address by Martin Powers & Counsel, PLLC, counsel for CITIBANK, Citibank, N.A., filed. (Martin Powers, Meagan)
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Filing 77
MOTION for Summary Judgment by LendingClub Corporation, WebBank Corporation, filed. Motion Docket Date 8/19/2022. (Attachments: #1 Exhibit A - J. Carlson Declaration, #2 Exhibit B - J. Jackson Declaration, #3 Proposed Order)(Valencia, Andrew)
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Filing 76
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Elan Financial Services, filed. Motion Docket Date 8/19/2022. (Attachments: #1 Proposed Order Granting EFS's Mot2Dismiss)(Sanders, Jason)
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Filing 75
PROPOSED ORDER re: #73 MOTION for Judgment, filed.(Blount, Cheryl)
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Filing 74
MEMORANDUM in Support re: #73 MOTION for Judgment by Synchrony Bank, filed.(Blount, Cheryl)
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Filing 73
MOTION for Judgment by Synchrony Bank, filed. Motion Docket Date 8/18/2022. (Blount, Cheryl)
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Filing 72
STATUS REPORT by CITIBANK, filed.(Martin Powers, Meagan)
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Filing 71
CORPORATE DISCLOSURE STATEMENT by Accutrend Data Corporation, filed.(McZeal, Marcellous)
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Filing 70
CERTIFICATE OF INTERESTED PARTIES by Accutrend Data Corporation, filed.(McZeal, Marcellous)
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Filing 69
NOTICE of Appearance by Marcellous S. McZeal on behalf of Accutrend Data Corporation, filed. (McZeal, Marcellous)
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Filing 68
MOTION to Dismiss Plaintiff's Amended Complaint by Accutrend Data Corporation, filed. Motion Docket Date 7/29/2022. (Attachments: #1 Affidavit Scott Christensen, #2 Exhibit Purported Summons, #3 Exhibit Envelope containing purported summons, #4 Proposed Order Proposed Order)(McZeal, Marcellous)
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Filing 67
NOTICE of Reassignment to Judge Andrew S Hanen, pursuant to Special Order No. 2022-05. Deadlines in scheduling orders remain in effect, and all court settings are vacated. Judge Gray H Miller no longer assigned to the case. Parties notified, filed. (FelipeCantu, 7)
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Filing 66
ORDER granting #65 Motion for the court to set deadline to respond to plaintiff's claim. EFS shall respond to Black's second amended petition by 7/29/22.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 65
Opposed MOTION to Set Deadline to Respond by Elan Financial Services, filed. Motion Docket Date 7/20/2022. (Attachments: #1 Exhibit 1 - Black LTR & Petition, #2 Exhibit 2 - Certified Tracking Info, #3 Proposed Order Granting Motion to Set Deadline to Respond)(Sanders, Jason)
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Filing 64
MEMORANDUM OPINION AND ORDER. Plaintiff is ordered to file an amended complaint within fourteen days of the date of this order. If Black fails to do so, the court will dismiss Blacks claims against the Comcast defendants. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 63
ORDER Striking Document re: #58 Motion for Default Judgment filed by J.B. Black, #62 Motion for Default Judgment filed by J.B. Black, #61 Motion for Default Judgment filed by J.B. Black, #60 Motion for Default Judgment filed by J.B. Black, #59 Motion for Default Judgment filed by J.B. Black non-compliance with Local Rule 5.5.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 62
MOTION for Default Judgment/ Affidavit against Mercury Insurance Company by J.B. Black, filed. Motion Docket Date 7/15/2022. (BrendaLacy, 4)
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Filing 61
MOTION for Default Judgment/ Affidavit against Elan Financial Services by J.B. Black, filed. Motion Docket Date 7/15/2022. (BrendaLacy, 4)
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Filing 60
MOTION for Default Judgment/ Affidavit against Woodforest National Bank by J.B. Black, filed. Motion Docket Date 7/15/2022. (BrendaLacy, 4)
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Filing 59
MOTION for Default Judgment/ Affidavit against Accutrend Data Corporation by J.B. Black, filed. Motion Docket Date 7/15/2022. (BrendaLacy, 4)
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Filing 58
MOTION for Default Judgment/ Affidavit against C U Financial Group, LLC by J.B. Black, filed. Motion Docket Date 7/15/2022. (BrendaLacy, 4)
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Filing 57
Mail Returned Undeliverable as to Brian Hatten re: #55 Letter, filed. (Brain Hatten is not a party to this case) (jdav, 4)
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Filing 56
MOTION to Dismiss Defendant Bristol West Insurance Company's 12(b)(6) Motion to Dismiss by Bristol West Insurance Company, filed. Motion Docket Date 7/1/2022. (Attachments: #1 Proposed Order)(Roberts, Michael)
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Filing 54
MEMORANDUM OPINION AND ORDER denying #41 pro se Plaintiff's MOTION to Dismiss #40 Notice (Other). The Court construed the document to be a motion to reconsider its order compelling arbitration with Defendant Citibank N.A. This case is STAYED with regard to Black's claim against Citibank pending arbitration except that the parties are ordered to submit a status report in thirty days advising whether arbitration has been initiated.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 55
Letter from Brian Hatten re: Request for docket sheet. Docket sheet mailed out., filed. (ClaudiaGutierrez, 4)
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Filing 53
ORDER OF DISMISSAL. All claims pending in this case against Prosper Marketplace, Inc. only are dismissed with prejudice with each party bearing its own attorneys fees and costs. Prosper Marketplace Inc terminated.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 52
JOINT STIPULATION of Dismissal as to Defendant Prosper Marketplace Inc by J.B. Black, filed.(JacquelineMata, 4)
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Filing 51
MOTION for More Definite Statement by Comcast Cable Communication LLC, Comcast of Houston LLC, filed. Motion Docket Date 6/9/2022. (Gregor, Thomas)
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Filing 50
ORDER granting #48 Motion for Extension of Time to Answer or Otherwise Respond to Petition. Answer due for Bristol West Insurance Company 6/10/2022.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 49
RESPONSE in Opposition to #41 MOTION to Dismiss #40 Notice (Other), filed by CITIBANK. (Attachments: #1 Proposed Order Order on Plaintiff's Motion to Reconsider [ECF 41])(Martin Powers, Meagan)
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Filing 48
Opposed MOTION for Extension of Time to Answer or Otherwise Respond to Petition by Bristol West Insurance Company, filed. Motion Docket Date 6/7/2022. (Attachments: #1 Proposed Order)(Roberts, Michael)
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Filing 47
Supplemental Order. The court was unaware that Black had mailed in or hand-filed a response that was marked filed on May 4, 2022. See #45 . The court ruled in its May 5 memorandum opinion and order that the FCRA claims are barred by the statute of limitations, and nothing in Blacks late-filed response impacts that determination. Similarly, nothing in the response impacts the courts ruling regarding Blacks other claims against EWS. Black fails to state a claim for which relief can be granted. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 46
MEMORANDUM OPINION AND ORDER granting #39 MOTION for judgment on the pleadings. EWS motion to dismiss is GRANTED. Blacks claims against EWS are DISMISSED WITH PREJUDICE. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 45
RESPONSE to #39 MOTION for Memorandum in Support of Its Rule 12(c) Motion for Judgment, filed by J.B. Black. (thanniable, 4)
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Filing 44
Letter from Mercury Insurance Services, LLC re: Summons sent to incorrect company, filed. (SpencerSavarese, 4)
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Filing 43
*AMENDED ORDER. Citibank is ORDERED to file a response to the motion to reconsider within twenty-one days of the date of this order. Black is ORDERED to review the Federal Rules of Civil Procedure, which can be found at www.law.cornell.edu, as well as the Local Rules, which can befound at https://www.txs.uscourts.gov/page/local-federal-rules, and this courts procedures, which can be found at https://www.txs.uscourts.gov/page/district-magistrate-judges-procedures-schedules. He may file a reply to Citibanks response, but he must do so within *seven days of the response as required by this courts procedures. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 42
ORDER. Pro Se Plaintiff's Motion in Response to Notice #41 is construed as a motion to reconsider the court's order compelling arbitration. Defendant Citibank is ORDERED to file a response to the motion to reconsider within twenty-one days of the date of this order. Black is ORDERED to review the Federal Rules of Civil Procedure, which can be found at www.law.cornell.edu, as well as the Local Rules, which can be found at https://www.txs.uscourts.gov/page/local-federal-rules, and this courts procedures, which can be found at https://www.txs.uscourts.gov/page/district-magistrate-judges-procedures-schedules. He may file a reply to Citibanks response, but he must do so within five days of the response as required by this courts procedures. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 41
MOTION to Dismiss #40 Notice by J.B. Black, filed. Motion Docket Date 5/16/2022. (JosephWells, 4)
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Summons Issued as to Accutrend Data Corporation, Bristol West Insurance Company, Comcast of Houston LLC, Elan Financial Services, Mercury Insurance Company, Prosper Marketplace Inc, Woodforest National Bank. Issued summons delivered to plaintiff in person, filed.(JosephWells, 4)
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Filing 40
NOTICE re: #38 Memorandum and Order, by CITIBANK, filed. (Martin Powers, Meagan)
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Filing 39
MOTION for Memorandum in Support of Its Rule 12(c) Motion for Judgment by Early Warning Services LLC, filed. Motion Docket Date 4/20/2022. (Luzarraga, Jose)
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Filing 38
MEMORANDUM OPINION AND ORDER granting #23 Citibank N.A.'s MOTION to Compel Arbitration. This action as it relates to the claims against Citibank is STAYED pending the completion of arbitration between these two parties. If plaintiff does not initiate arbitration within thirty days of the date of this order, Citibank is ORDERED to advise the court. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 37
ORDER dismissing claims without prejudice as to Trust Bank only. #36 MOTION to Dismiss is terminated as moot. Modified on 3/14/2022 (rguerrero, 4).
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Filing 36
MOTION to Dismiss by Truist Bank, filed. Motion Docket Date 4/4/2022. (Attachments: #1 Proposed Order Proposed Order)(Skagerberg, Kathryn)
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Filing 35
MEMORANDUM OPINION AND ORDER granting #16 Experian Information Solution, Inc.'s MOTION to Dismiss.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 34
SCHEDULING ORDER. ETT: 2 days. Jury Trial. Amended Pleadings due by 3/31/2022. Joinder of Parties due by 3/11/2022 Pltf Expert Report due by 4/29/2022. Deft Expert Report due by 5/30/2022. Discovery due by 6/29/2022. Mediation due by 5/30/2022. Dispositive Motion Filing due by 7/29/2022. Objections due by 9/28/2022 Joint Pretrial Order due by 8/29/2022. Docket Call set for 1/27/2023 at 10:00 AM in Courtroom 9D before Judge Gray H Miller(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 33
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Citibank, N.A., Early Warning Services LLC, Experian Information Solutions Inc, First Service Credit Union, LendingClub Corporation, Synchrony Bank, Truist Bank, WebBank Corporation, filed. (Attachments: #1 Proposed Order Rule 16 Scheduling/Docket Control Order)(Valencia, Andrew)
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Filing 32
MEMORANDUM OPINION AND ORDER granting #21 Truist's MOTION for More Definite Statement. Black is ORDERED to file an amended complaint within fourteen days of the date of this order. If Black fails to do so, the court will dismiss Blacks claims against Truist. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 31
ORDER granting #30 Motion for Meagan A. Mihalko to Appear Pro Hac Vice.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 30
MOTION for Meagan A. Mihalko to Appear Pro Hac Vice by Early Warning Services LLC, filed. Motion Docket Date 3/15/2022. (Luzarraga, Jose)
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Filing 29
MEMORANDUM OPINION AND ORDER granting #20 MOTION for Summary Judgment. The court awards $4,583.00 in fees. Costs will be awarded on the date of the final judgment. The court will enter a final judgment after all claims in this case have been adjudicated. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 28
CERTIFICATE OF INTERESTED PARTIES by Truist Bank, filed.(Skagerberg, Kathryn)
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Filing 27
CERTIFICATE OF INTERESTED PARTIES by First Service Credit Union, filed.(Abreo, Damian)
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Filing 26
Amended CORPORATE DISCLOSURE STATEMENT by CITIBANK identifying Citibank, N.A.; Citigroup, Inc. as Corporate Parent, filed.(Martin Powers, Meagan)
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Filing 25
CERTIFICATE OF INTERESTED PARTIES by CITIBANK, filed.(Martin Powers, Meagan)
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Filing 24
CERTIFICATE OF INTERESTED PARTIES by LendingClub Corporation, WebBank Corporation, filed.(Valencia, Andrew)
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Filing 23
MOTION to Compel Arbitration by Citibank, N.A., filed. Motion Docket Date 3/14/2022. (Attachments: #1 Affidavit Declaration of Kelly Booth, #2 Proposed Order Order on Defendant Citibank, NA's Motion to Compel Arbitration)(Martin Powers, Meagan)
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Filing 22
NOTICE of Filing of Corrected Certificate of Service re: #16 MOTION to Dismiss by Experian Information Solutions Inc, filed. (Ibendahl, Alison)
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Filing 21
MOTION for More Definite Statement by Truist Bank, filed. Motion Docket Date 2/16/2022. (Skagerberg, Kathryn)
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Filing 20
MOTION for Summary Judgment by First Service Credit Union, filed. Motion Docket Date 2/14/2022. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Affidavit, #7 Proposed Order)(Abreo, Damian)
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Filing 19
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 2/28/2022(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 18
STATEMENT re: #15 Order in Removed Cases - FORM - Miller by WebBank Corporation, filed.(Valencia, Andrew)
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Filing 17
ANSWER to #1 State Court Petition/Notice of Removal by Early Warning Services LLC, filed.(Luzarraga, Jose)
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Filing 16
MOTION to Dismiss by Experian Information Solutions Inc, filed. Motion Docket Date 2/2/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Ibendahl, Alison)
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Filing 15
Order in Removed Cases. Statement due within ten days.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 14
ORDER OF RECUSAL. Judge Lynn N Hughes recused. Case reassigned to Judge Gray H Miller for all further proceedings. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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Filing 13
CORPORATE DISCLOSURE STATEMENT by CITIBANK identifying Citigroup, Inc. as Corporate Parent, filed.(Martin Powers, Meagan)
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Filing 12
CERTIFICATE OF INTERESTED PARTIES by Experian Information Solutions Inc, filed.(Ibendahl, Alison)
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Filing 11
NOTICE of Appearance by Alison Ibendahl on behalf of Experian Information Solutions Inc, filed. (Ibendahl, Alison)
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Filing 10
CORPORATE DISCLOSURE STATEMENT by Early Warning Services LLC, filed.(Luzarraga, Jose)
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Filing 9
CORPORATE DISCLOSURE STATEMENT by Truist Bank identifying Truist Financial Corporation as Corporate Parent, filed.(Skagerberg, Kathryn)
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Filing 8
NOTICE of Appearance by Kate Skagerberg on behalf of Truist Bank, filed. (Skagerberg, Kathryn)
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Filing 7
CERTIFICATE OF INTERESTED PARTIES by Synchrony Bank, filed.(Blount, Cheryl)
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Filing 6
ANSWER to #1 State Court Petition/Notice of Removal, COUNTERCLAIM against All Plaintiffs by Synchrony Bank, filed.(Blount, Cheryl)
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Filing 5
NOTICE of Appearance by Damian W. Abreo on behalf of First Service Credit Union, filed. (Abreo, Damian)
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Filing 4
NOTICE in a Removed or Transferred Case (Signed by Judge Lynn N Hughes) Parties notified.(BrandisIsom, 4)
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Filing 3
CORPORATE DISCLOSURE STATEMENT by WebBank Corporation identifying WebFinancial Holding Corporation as Corporate Parent, filed.(Valencia, Andrew)
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Filing 2
CORPORATE DISCLOSURE STATEMENT by LendingClub Corporation, filed.(Valencia, Andrew)
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Filing 1
NOTICE OF REMOVAL (Filing fee $ 402 receipt number 0541-27542980) filed by WebBank Corporation, LendingClub Corporation. (Attachments: #1 Exhibit Exh A, #2 Exhibit Exh B, #3 Exhibit Exh C, #4 Exhibit Exh D, #5 Exhibit Exh E, #6 Exhibit Exh F, #7 Exhibit Exh G, #8 Exhibit Exh H, #9 Exhibit Exh I, #10 Exhibit Exh J, #11 Exhibit Exh K, #12 Exhibit Exh L, #13 Exhibit Exh M, #14 Exhibit Exh N, #15 Exhibit Exh O, #16 Exhibit Exh P, #17 Exhibit Exh Q, #18 Exhibit Exh R, #19 Exhibit Exh S, #20 Exhibit Exh T, #21 Exhibit Exh U, #22 Exhibit Exh V, #23 Exhibit Exh W, #24 Exhibit Exh X, #25 Exhibit Exh Y, #26 Exhibit Exh Z, #27 Exhibit Exh AA, #28 Exhibit Exh AB, #29 Exhibit Exh AC, #30 Exhibit Exh AD, #31 Exhibit Exh AE, #32 Exhibit Exh AF, #33 Exhibit Exh AG, #34 Exhibit Exh AH, #35 Exhibit Exh AI, #36 Exhibit Exh AJ, #37 Exhibit Exh AK, #38 Exhibit Exh AL, #39 Exhibit Exh AM, #40 Exhibit Exh AN, #41 Exhibit Exh AO, #42 Exhibit Exh AP, #43 Exhibit Exh AQ, #44 Exhibit Exh AR, #45 Exhibit Exh AS, #46 Exhibit Exh AT, #47 Exhibit Exh AU, #48 Exhibit Exh AV, #49 Exhibit Exh AW, #50 Exhibit Exh AX, #51 Exhibit Exh AY, #52 Exhibit Exh AZ, #53 Exhibit Exh AAA, #54 Errata Exh AAB, #55 Exhibit Exh AAC, #56 Exhibit Exh AAD, #57 Exhibit Exh AAE, #58 Exhibit Exh AAF, #59 Exhibit Exh AAG, #60 Exhibit Exh AAH, #61 Exhibit Exh AAI, #62 Exhibit Exh AAJ, #63 Exhibit Exh AAK, #64 Exhibit Exh AAL, #65 Civil Cover Sheet Civil Cover Sheet)(Valencia, Andrew)
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