Kennedy v. Equifax Information Services LLC et al
| Isaiah J. Kennedy |
| Equifax Information Services LLC, Experian Information Solutions, Inc., Trans Union, LLC, Navy Federal Credit Union, Credence Resource Management, Department of Education, Credit First National Association, T Mobile, AT&T, Amsher Collection Services and Santander Consumer USA |
| 5:2023cv00470 |
| April 18, 2023 |
| US District Court for the Western District of Texas |
| Fred Biery |
| Elizabeth S Chestney |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| None |
Docket Report
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This docket was last retrieved on May 3, 2024. A more recent docket listing may be available from PACER.
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Filing 81
MOTION to Dismiss Plaintiff's Claims by AT&T. (Attachments: #1 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Cardona, Sylvia)
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Filing 80
MOTION for Default Judgment against Department of education by Isaiah J. Kennedy.. Motions referred to Judge Elizabeth S. Chestney. (Kennedy, Isaiah)
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Filing 79
REPLY to Response to Motion, filed by T Mobile, re #53 MOTION to Dismiss for Improper Venue and Lack of Subject Matter Jurisdiction filed by Defendant T Mobile (Heidrick, Jay)
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Filing 78
REPLY to Response to Motion, filed by Santander Consumer USA, re #31 Opposed MOTION to Compel Arbitration filed by Defendant Santander Consumer USA (Croft, Blaec)
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Filing 77
MOTION to Appear Pro Hac Vice by Madison Renee Torry for Kimberly A. Lopez ( Filing fee $ 100 receipt number ATXWDC-17902600) by on behalf of Navy Federal Credit Union.. Motions referred to Judge Elizabeth S. Chestney. (Torry, Madison)
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Text Order GRANTING #77 Motion to Appear Pro Hac Vice entered by Judge Elizabeth S. Chestney. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Text Order TERMINATING #76 Motion for Order to Show Cause entered by Judge Elizabeth S. Chestney. Plaintiff's filing does not ask for relief from the Court and is a response to the Court's order to show cause. The Court has therefore terminated the motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Filing 76
CORRECTED MOTION for Order to Show Cause by Isaiah J. Kennedy.. Motions referred to Judge Elizabeth S. Chestney. (Kennedy, Isaiah)
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Filing 75
RESPONSE to Motion, filed by Isaiah J. Kennedy, re #53 MOTION to Dismiss for Improper Venue and Lack of Subject Matter Jurisdiction filed by Defendant T Mobile (Kennedy, Isaiah)
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Filing 74
REPLY to Response to Motion, filed by Isaiah J. Kennedy, re #31 Opposed MOTION to Compel Arbitration filed by Defendant Santander Consumer USA Motion response (Kennedy, Isaiah)
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Filing 73
Response in Opposition to Motion, filed by Credence Resource Management, re #56 MOTION To Add Party's filed by Plaintiff Isaiah J. Kennedy (Penot, Charles)
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Filing 72
Response in Opposition to Motion, filed by Amsher Collection Services, re #56 MOTION To Add Party's filed by Plaintiff Isaiah J. Kennedy (Penot, Charles)
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Filing 71
RESPONSE to #64 Order to Show Cause,, by Equifax Information Services LLC. (Attachments: #1 Exhibit Exhibit A)(Hessami, Samin)
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Filing 70
Response in Opposition to Motion, filed by AT&T, re #56 MOTION To Add Party's filed by Plaintiff Isaiah J. Kennedy (Barkley, Lisa)
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Filing 69
Response in Opposition to Motion, filed by Navy Federal Credit Union, re #56 MOTION To Add Party's filed by Plaintiff Isaiah J. Kennedy (Hess, Michael)
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Filing 68
ORDER DENYING #63 Motion. Signed by Judge Elizabeth S. Chestney. (nm)
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Filing 67
Response in Opposition to Motion, filed by Credit First National Association, re #56 MOTION To Add Party's filed by Plaintiff Isaiah J. Kennedy (Haas, Leslee)
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Filing 66
Response in Opposition to Motion, filed by T Mobile, re #56 MOTION To Add Party's filed by Plaintiff Isaiah J. Kennedy (Heidrick, Jay)
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Filing 65
SCHEDULING ORDER: ADR Mediation Completed by 1/2/2024, Amended Pleadings due by 1/22/2024, Discovery due by 4/15/2024, Joinder of Parties due by 1/22/2024, Dispositive Motions due by 5/13/2024. Signed by Judge Elizabeth S. Chestney. (nm)
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Filing 63
MOTION to Reschedule due to emergency to #61 Pretrial Conference by Isaiah J. Kennedy. (Kennedy, Isaiah) Modified on 9/13/2023 to modify event type (nm).
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Notice of Correction:***CHANGED DOCUMENT FROM A RESPONSE TO A MOTION*** re #63 MOTION. (nm)
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Filing 64
ORDER TO SHOW CAUSE--IT IS THEREFORE ORDERED that, on or before September 19, 2023, Plaintiff and counsel for Defendant Equifax Information Services, LLC, SHOW CAUSE for their failure to follow an Order of this Court to appear at the scheduled Initial Pretrial Conference. Failure to do so could result in sanctions, up to and including dismissal of this case for want of prosecution. IT IS FURTHER ORDERED that Plaintiff should discontinue communicating with the Court about the case through email or phone, and should file any requests for relief on the docket. Signed by Judge Elizabeth S. Chestney. (nm)
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Filing 62
ORDER--IT IS THEREFORE ORDERED that Plaintiff file a response to Defendant Santander Consumer USA, Inc.s Motion to Compel Arbitration [#31] and Defendant T-Mobile Corporations Motion to Dismiss for Improper Venue and Lack of Subject Matter Jurisdiction [#53] on or before September 22, 2023. Signed by Judge Elizabeth S. Chestney. (nm)
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Filing 61
Minute Entry for proceedings held before Judge Elizabeth S. Chestney: Pretrial Conference held on 9/12/2023 (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(nm)
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Filing 60
ORDER DENYING #42 Motion for Default Judgment; GRANTING #43 Motion to Set Aside #42 MOTION for Default Judgment against AT&T, T-MOBILE, #43 MOTION to Set Aside #32 Clerk's Entry of Default , #48 MOTION to Set Aside #32 Clerk's Entry of Default , and Opposition to Plaintiff's Motion for Default Judgment ; GRANTING #48 Motion to Set Aside #42 MOTION for Default Judgment against AT&T, T-MOBILE, #43 MOTION to Set Aside #32 Clerk's Entry of Default , #48 MOTION to Set Aside #32 Clerk's Entry of Default , and Opposition to Plaintiff's Motion for Default Judgment. IT IS FINALLY ORDERED that the time for service or to secure waivers of service is EXTENDED to September 25, 2023. Signed by Judge Elizabeth S. Chestney. (mgr)
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Text Order GRANTING #57 Motion to Withdraw as Attorney entered by Judge Elizabeth S. Chestney. It is therefore ORDERED that Jibril Greene is permitted to withdraw as counsel of record for Trans Union LLC and that Samin Agha is hereby substituted as counsel of record for Defendant Trans Union LLC. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Filing 59
Rule 26(f) Discovery Report/Case Management Plan and Scheduling Order by Navy Federal Credit Union. (Hess, Michael)
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Filing 58
Scheduling Recommendations invalid signatures for defendants, refusal to send over final copy with signatures filing this separate. by Isaiah J. Kennedy. (Kennedy, Isaiah)
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Filing 57
MOTION to Withdraw as Attorney and Substitution of Counsel by Trans Union, LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Greene, Jibril)
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Filing 56
PRO SE MOTION To Add Party's by Isaiah J. Kennedy.. Motions referred to Judge Elizabeth S. Chestney. (nm)
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Filing 55
DEMAND for Trial by Jury by Isaiah J. Kennedy. (Kennedy, Isaiah)
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Filing 54
ORDER--In light of the fact that Plaintiff is representing himself pro se in this action, the Court directs him to the following resources to assist him in prosecuting his case. Plaintiff is directed to familiarize himself with these resources. Also, although pro se litigants are held to a less stringent standard, they are nevertheless required to follow the rules that govern all litigants in federal court. The Court will answer any questions Plaintiff has regarding the prosecution of his case and the Courts procedures at the Initial Pretrial Conference. Signed by Judge Elizabeth S. Chestney. (nm)
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Filing 53
MOTION to Dismiss for Improper Venue and Lack of Subject Matter Jurisdiction by T Mobile. (Attachments: #1 Exhibit Declaration of Shelly Green, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4). Motions referred to Judge Elizabeth S. Chestney. (Heidrick, Jay)
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Filing 52
Response in Opposition to Motion, filed by T Mobile, re #42 MOTION for Default Judgment against AT&T, T-MOBILE filed by Plaintiff Isaiah J. Kennedy (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Heidrick, Jay)
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Filing 51
REPLY to Response to Motion, filed by Credit First National Association, re #36 Motion to Dismiss for Failure to State a Claim filed by Defendant Credit First National Association (Haas, Leslee)
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Filing 50
REPLY to Response to Motion, filed by AT&T, re #44 Motion to Dismiss for Failure to State a Claim Plaintiff's Verified Complaint filed by Defendant AT&T and Defendant's Opposition to Plaintiff's Request for Leave to Amend (Cardona, Sylvia)
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Filing 49
RESPONSE in Support, filed by Navy Federal Credit Union, re #33 MOTION to Dismiss Plaintiffs First Amended Complaint filed by Defendant Navy Federal Credit Union REPLY IN SUPPORT OF MOTION TO DISMISS UNDER FRCP 12(B)(2) AND FRCP 12(B)(6) (Torry, Madison)
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Filing 48
MOTION to Set Aside #32 Clerk's Entry of Default , and Opposition to Plaintiff's Motion for Default Judgment by AT&T. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7). Motions referred to Judge Elizabeth S. Chestney. (Cardona, Sylvia)
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Filing 47
Response in Opposition to Motion, filed by Isaiah J. Kennedy, re #36 Motion to Dismiss for Failure to State a Claim filed by Defendant Credit First National Association, #44 Motion to Dismiss for Failure to State a Claim Plaintiff's Verified Complaint filed by Defendant AT&T, #33 MOTION to Dismiss Plaintiffs First Amended Complaint filed by Defendant Navy Federal Credit Union (Kennedy, Isaiah)
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Filing 46
ORDER SETTING INITIAL PRETRIAL CONFERENCE-- IT IS THEREFORE ORDERED that, pursuant to Rule 16 of the Federal Rules of Civil Procedure, this case is set for an Initial Pretrial Conference at 11:00 a.m. on September 12, 2023. Counsel for all parties are required to appear by Zoom for the conference.. Signed by Judge Elizabeth S. Chestney. (tm2)
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Filing 45
Original ANSWER to #28 Amended Complaint by Experian Information Solutions, Inc..(Deason, Trevor)
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Filing 44
Motion to Dismiss for Failure to State a Claim Plaintiff's Verified Complaint by AT&T.. Motions referred to Judge Elizabeth S. Chestney. (Cardona, Sylvia)
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Filing 43
MOTION to Set Aside #32 Clerk's Entry of Default by T Mobile. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E). Motions referred to Judge Elizabeth S. Chestney. (Heidrick, Jay)
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Filing 42
MOTION for Default Judgment against AT&T, T-MOBILE by Isaiah J. Kennedy.. Motions referred to Judge Elizabeth S. Chestney. (Kennedy, Isaiah)
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Filing 41
RULE 7 DISCLOSURE STATEMENT filed by AT&T identifying Corporate Parent AT&T for AT&T. (Cardona, Sylvia)
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Filing 40
***DOCUMENT DEFICIENT-MISSING SIGNATURE BLOCK***MOTION for Default Judgment against AT&T, T-MOBILE by Isaiah J. Kennedy.. Motions referred to Judge Elizabeth S. Chestney. (Kennedy, Isaiah) Modified on 8/3/2023 (nm).
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Filing 39
NOTICE of Attorney Appearance by Sylvia Ann Cardona on behalf of AT&T. Attorney Sylvia Ann Cardona added to party AT&T(pty:dft) (Cardona, Sylvia)
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DEFICIENCY NOTICE:***DOCUMENT DEFICIENT-MISSING SIGNATURE BLOCK. PLEASE RESUBMIT MOTION WITH A SIGNATURE*** re #40 MOTION for Default Judgment against AT&T, T-MOBILE (nm)
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Filing 38
Credence Resource Management, LLC's ANSWER to #28 Amended Complaint by Credence Resource Management.(Penot, Charles)
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Filing 37
AmSher Collection Services, Inc.'s ANSWER to #28 Amended Complaint by Amsher Collection Services.(Penot, Charles)
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Filing 36
Motion to Dismiss for Failure to State a Claim by Credit First National Association.. Motions referred to Judge Elizabeth S. Chestney. (Haas, Leslee)
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Filing 35
ANSWER to #28 Amended Complaint by Trans Union, LLC.(Greene, Jibril)
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Filing 34
ANSWER to Plaintiff's #28 Amended Complaint and Affirmative and Other Defenses by Equifax Information Services LLC. (Hessami, Samin) Modified on 8/1/2023 to edit text (nm).
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Filing 33
MOTION to Dismiss Plaintiffs First Amended Complaint by Navy Federal Credit Union. (Attachments: #1 Proposed Order Granting Defendant's Motion to Dismiss Plaintiffs First Amended Complaint). Motions referred to Judge Elizabeth S. Chestney. (Torry, Madison)
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Filing 32
Clerk's ENTRY OF DEFAULT as to AT&T, T Mobile (nm)
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Filing 31
Opposed MOTION to Compel Arbitration by Santander Consumer USA. (Attachments: #1 Affidavit). Motions referred to Judge Elizabeth S. Chestney. (Croft, Blaec)
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Filing 30
MOTION for Clerk's Entry of Default against T-Mobile, AT&T by Isaiah J. Kennedy. (Attachments: #1 Affidavit Exhibit summons of defendants served). Motions referred to Judge Elizabeth S. Chestney. (Kennedy, Isaiah)
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Filing 29
SUMMONS Returned Executed by Isaiah J. Kennedy. All Defendants. (nm)
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Text Order DISMISSING #21 Motion to Dismiss without prejudice to refiling in light of Plaintiff's filing of an Amended Complaint entered by Judge Elizabeth S. Chestney. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Text Order DISMISSING #26 Motion to Dismiss for Failure to State a Claim without prejudice to refiling in light of Plaintiff's filing of an Amended Complaint entered by Judge Elizabeth S. Chestney. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Text Order DISMISSING #15 Motion to Dismiss without prejudice to refiling in light of Plaintiff's filing of an Amended Complaint entered by Judge Elizabeth S. Chestney. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Text Order MOOTING #19 Motion for Extension of Time to Answer in light of Plaintiff's filing of an Amended Complaint entered by Judge Elizabeth S. Chestney. Defendant's deadline to file a responsive pleading to the Amended Complaint is governed by Rule 15. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Filing 28
AMENDED COMPLAINT against All Defendants amending #8 Complaint., filed by Isaiah J. Kennedy.(Kennedy, Isaiah)
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Filing 27
RULE 7 DISCLOSURE STATEMENT filed by Credit First National Association. (Trent, T.)
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Filing 26
Motion to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure by Credit First National Association.. Motions referred to Judge Elizabeth S. Chestney. (Trent, T.)
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Filing 25
ANSWER to #8 Complaint and Affirmative and Other Defenses by Equifax Information Services LLC.(Hessami, Samin)
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Filing 24
Certificate of Interested Parties and Disclosure Statement by Equifax Information Services LLC. (Hessami, Samin)
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Filing 23
NOTICE of Attorney Appearance by Samin Hessami on behalf of Equifax Information Services LLC. Attorney Samin Hessami added to party Equifax Information Services LLC(pty:dft) (Hessami, Samin)
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Filing 22
NOTICE of Attorney Appearance by Charles R. Penot, Jr on behalf of Amsher Collection Services, Credence Resource Management. Attorney Charles R. Penot, Jr added to party Amsher Collection Services(pty:dft), Attorney Charles R. Penot, Jr added to party Credence Resource Management(pty:dft) (Penot, Charles)
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Filing 21
MOTION to Dismiss In Response to Pl's Complaint by Navy Federal Credit Union. (Attachments: #1 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Torry, Madison)
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Text Order GRANTING #17 Motion for Extension of Time to Answer entered by Judge Elizabeth S. Chestney. IT IS HEREBY ORDERED that Experians deadline to answer or otherwise respond to Plaintiffs original complaint is extended by twenty-eight (28) days to August 4, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Filing 20
RULE 7 DISCLOSURE STATEMENT filed by Trans Union, LLC identifying Corporate Parent Transunion, Corporate Parent TransUnion Intermediate Holdings, Inc., Other Affiliate T. Rowe Price Group, Inc. for Trans Union, LLC. (Greene, Jibril)
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Filing 19
Opposed MOTION for Extension of Time to File Answer re #8 Complaint by Trans Union, LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Greene, Jibril)
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Filing 18
Certificate of Interested Parties by Experian Information Solutions, Inc.. (Deason, Trevor)
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Filing 17
Unopposed MOTION for Extension of Time to File Answer re #8 Complaint by Experian Information Solutions, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Deason, Trevor)
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Filing 16
RULE 7 DISCLOSURE STATEMENT filed by Santander Consumer USA identifying Corporate Parent Banco Santander, S.A., Corporate Parent Santander Holdings USA Inc. for Santander Consumer USA. (Croft, Blaec)
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Filing 15
MOTION to Dismiss by Santander Consumer USA.. Motions referred to Judge Elizabeth S. Chestney. (Croft, Blaec)
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Text Order GRANTING #14 Motion for Extension of Time to Answer entered by Judge Elizabeth S. Chestney. IT IS HEREBY ORDERED that AmSher Collection Services and Credence Resource Management, LLC shall have until July 22, 2023 to file their responses to the Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Filing 14
Opposed MOTION for Extension of Time to File Answer re #8 Complaint by Amsher Collection Services, Credence Resource Management. (Attachments: #1 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (White, Whitney)
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Filing 13
NOTICE of Attorney Appearance by Whitney L. White on behalf of Credence Resource Management. Attorney Whitney L. White added to party Credence Resource Management(pty:dft) (White, Whitney)
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Filing 12
NOTICE of Attorney Appearance by Whitney L. White on behalf of Amsher Collection Services. Attorney Whitney L. White added to party Amsher Collection Services(pty:dft) (White, Whitney)
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Filing 11
Summons Issued as to All Defendants. Summonses, USM 285s, complaint, and copy of service order forwarded to USMS. (nm)
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Fred Biery. (nm)
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Filing 9
ORDER RETURNING CASE TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Elizabeth S. Chestney. (nm)
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Filing 8
COMPLAINT, filed by Isaiah J. Kennedy.(nm)
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Filing 7
ORDER GRANTING #1 Motion for Leave to Proceed in forma pauperis; GRANTING #2 Pro Se Motion for Permission to file Electronically. IT IS FURTHER ORDERED that, if not already accomplished, within ten (10) days of the date of this Order, Plaintiff shall submit to the Clerks Office a fully completed United States Marshals Service Form 285, including fully complete addresses, for each Defendant required to be served and the United States Marshals Service shall serve each Defendant with a copy of the Complaint and a copy of this order by certified mail, return receipt requested. Signed by Judge Elizabeth S. Chestney. (nm)
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Filing 6
SUPPLEMENT to #1 MOTION to Proceed in forma pauperis by Isaiah J. Kennedy. (nm)
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Filing 5
NOTICE of Change of Address by Isaiah J. Kennedy (nm)
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Filing 4
ORDER--IT IS THEREFORE ORDERED that on or before May 12, 2023, Plaintiff shall file a supplement to his Motion to Proceed IFP, explaining his financial status in more detail. Signed by Judge Elizabeth S. Chestney. (nm)
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Filing 3
Case Opening Letter to Isaiah J. Kennedy. (dtg)
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Filing 2
Pro Se MOTION for Permission to file Electronically by Isaiah J. Kennedy.. Motions referred to Judge Elizabeth S. Chestney. (dtg)
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Filing 1
MOTION to Proceed in forma pauperis by Isaiah J. Kennedy. (Attachments: #1 Proposed Complaint, #2 Civil Cover Sheet). Motions referred to Judge Elizabeth S. Chestney. (dtg)
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CASE REFERRED to Magistrate Judge Elizabeth S. Chestney. (dtg)
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THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE FRED BIERY. (dtg)
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