Sayles v. USAA Federal Savings Bank et al
| Amagdeline Sayles |
| USAA Federal Savings Bank, Experian Information Solutions Inc, Equifax Inc and Transunion LLC |
| 5:2024cv00104 |
| January 26, 2024 |
| US District Court for the Western District of Texas |
| Xavier Rodriguez |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Filing 66 STIPULATION of Dismissal with Prejudice as to Trans Union LLC Only by Transunion LLC. (Attachments: #1 Proposed Order)(Widenbaum, Jared) |
| Filing 65 NOTICE of Settlement by Amagdeline Sayles (Attachments: #1 Proposed Order Proposed Order re Notice of Settlement)(Hill, Tiffany) |
| Filing 64 NOTICE of Settlement by Amagdeline Sayles (Attachments: #1 Proposed Order Proposed Order re Notice of Settlement)(Hill, Tiffany) |
| Filing 62 ANSWER to #1 Complaint, by USAA Federal Savings Bank.(Schultz, Theodore) |
Filing 61
AMENDED SCHEDULING ORDER, ( ADR Mediation Completed by 9/13/2024,, Discovery due by 7/19/2024,, Dispsitive Motions due by 9/13/2024,, Jury Selection set for 1/13/2025 10:30AM before Judge Xavier Rodriguez,, Jury Trial set for 1/13/2025 10:30 AM before Judge Xavier Rodriguez,, Pretrial Conference set for 1/7/2025 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg)
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Text Order GRANTING #60 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission 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.) (cb)
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| Filing 60 MOTION to Appear Pro Hac Vice (Tiffany Hill) ( Filing fee $ 100 receipt number 4379) by Amagdeline Sayles. (wg) |
| Filing 59 Pro Hac Vice Letter forwarded to attorney Jennifer R. Brooks. (wg) |
| Filing 58 Pro Hac Vice Letter forwarded to attorney Tiffany LaJoi Hill. (wg) |
| Filing 57 Case electronically transferred in from the Southern District of Texas-Houston Division; Case Number 4:23-cv-02439. |
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Filing 56
ORDER TO TRANSFER CASE to United States District Court for the Western District of Texas, San Antonio Division. (Signed by Judge George C Hanks, Jr.) Parties notified. (GlendaHassan, 4) [Transferred from Texas Southern on 1/26/2024.]
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| Interdistrict transfer to United States District Court for the Western District of Texas, San Antonio Division. Case transferred electronically. Case terminated on 1/26/2024, filed. (GlendaHassan, 4) [Transferred from Texas Southern on 1/26/2024.] |
| Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (wg) |
| Filing 55 PROPOSED ORDER on USAA FSB's Proposed Motion Under Rule 12(b)(3), filed.(Schultz, Theodore) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 54 Minute Entry for proceedings held before Magistrate Judge Andrew M Edison on January 23, 2024. Pre-Motion Conference held re dkt #45 . The parties are to submit an agreed order transferring case to the United States District Court - Western District of Texas. Appearances: Tiffany Hill for Plaintiff, Theodore Schultz for Defendant USAA, Trevor Deason for Deft Experian Information Solutions, Inc., Samin Hessami for Deft Equifax, Inc. (Court Reporter: L. Wells), filed. (RubenCastro, 3) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 53 NOTICE of Resetting re: #50 Notice of Setting re #45 Pre-Motion Request. Parties notified. Pre-Motion Conference RESET for 1/23/2024 at 11:00 AM in by video before Magistrate Judge Andrew M Edison, filed. (RubenCastro, 3) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 52 NOTICE of Referral of Motion to Magistrate Judge Andrew M Edison re #51 First MOTION for Continuance of Pre-Motion Conference, filed. (JeanetteGonzalez, 4) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 51 First MOTION for Continuance of Pre-Motion Conference by Amagdeline Sayles, filed. Motion Docket Date 1/30/2024. (Attachments: #1 Proposed Order Proposed Order Granting Motion for Continuance)(Hill, Tiffany) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 50 NOTICE of Setting re: #45 MOTION Request for a Pre-Motion Conference. Parties notified. Pre-Motion Conference set for 1/11/2024 at 03:00 PM by video before Magistrate Judge Andrew M Edison, filed. (RubenCastro, 3) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 49 NOTICE of Referral of Motion to Magistrate Judge Andrew M Edison re #45 MOTION Request for a Pre-Motion Conference, filed. (JeanetteGonzalez, 4) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 48 ANSWER to #44 Amended Complaint/Counterclaim/Crossclaim etc. by Transunion LLC, filed.(Widenbaum, Jared) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 47 Second AMENDED ANSWER to #44 Amended Complaint/Counterclaim/Crossclaim etc. by Experian Information Solutions Inc., filed. (Deason, Trevor) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 46 RESPONSE to #44 Amended Complaint/Counterclaim/Crossclaim etc. , filed by Equifax Inc.. (Brooks, Jennifer) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 45 MOTION Request for a Pre-Motion Conference by USAA Federal Savings Bank, filed. Motion Docket Date 12/11/2023. (Schultz, Theodore) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 44 Second AMENDED COMPLAINT with Jury Demand against All Plaintiffs filed by Amagdeline Sayles.(Hill, Tiffany) [Transferred from Texas Southern on 1/26/2024.] |
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Filing 43
DOCKET CONTROL ORDER. ETT: 2-3 days. Amended Pleadings due by 11/10/2023. Joinder of Parties due by 11/10/2023 Pltf Expert Witness List due by 4/19/2024. Pltf Expert Report due by 4/19/2024. Deft Expert Witness List due by 5/24/2024. Deft Expert Report due by 5/24/2024. Discovery due by 7/19/2024. Dispositive Motion Filing due by 7/26/2024. Non-Dispositive Motion Filing due by 9/13/2024. Joint Pretrial Order due by 11/1/2024. Docket Call set for 11/8/2024 at 03:00 PM in Courtroom 9C before Judge George C Hanks Jr(Signed by Magistrate Judge Andrew M Edison) Parties notified.(AndyGould, 3) [Transferred from Texas Southern on 1/26/2024.]
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| Minute Entry for proceedings held before Magistrate Judge Andrew M Edison on November 1, 2023. Initial Conference held. Docket Control Order to be entered. Appearances: Tiffany Hill for Plaintiff, Theodore Schultz for Defendant USAA, Trevor Deason for Deft Experian Information Solutions, Inc. Jared Widenbaum for Deft TransUnion LLC. Samin Hessami for Deft Equifax, Inc. (ERO: yes) (RubenCastro, 3) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 42 NOTICE of Financially Interested Parties and Rule 7.1 Disclosure by USAA Federal Savings Bank, filed. (Schultz, Theodore) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 41 NOTICE of Financially Interested Parties and Rule 7.1 Disclosure by USAA Federal Savings Bank, filed. (Schultz, Theodore) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 40 NOTICE of Appearance by Samin Hessami on behalf of Equifax Inc., filed. (Hessami, Samin) [Transferred from Texas Southern on 1/26/2024.] |
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Filing 39
ORDER Striking Document re: #37 Motion to Dismiss filed by USAA Federal Savings Bank. The motion does not comply with the Courts Procedures section 6(B), regarding pre-motion conferences required for particular motions. (Signed by Judge George C Hanks, Jr) Parties notified. (ByronThomas, 4) [Transferred from Texas Southern on 1/26/2024.]
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| Filing 38 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Amagdeline Sayles, filed.(Hill, Tiffany) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 37 Second MOTION to Dismiss under 12(b)(3) and 12(b)(6) by USAA Federal Savings Bank, filed. Motion Docket Date 10/31/2023. (Attachments: #1 Exhibit FDIC Report, #2 Proposed Order Proposed Order)(Schultz, Theodore) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 36 First AMENDED ANSWER to #33 Amended Complaint/Counterclaim/Crossclaim etc. by Experian Information Solutions Inc., filed. (Deason, Trevor) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 35 ANSWER to #33 Amended Complaint/Counterclaim/Crossclaim etc. by Transunion LLC, filed.(Widenbaum, Jared) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 34 ANSWER to #33 Amended Complaint/Counterclaim/Crossclaim etc. by Equifax Inc., filed. (Bergh, Jennifer) Modified on 10/10/2023 (ChrisKrus, 4). [Transferred from Texas Southern on 1/26/2024.] |
| Filing 33 AMENDED COMPLAINT with Jury Demand against All Plaintiffs filed by Amagdeline Sayles.(Hill, Tiffany) [Transferred from Texas Southern on 1/26/2024.] |
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Filing 32
ORDER granting #24 First MOTION for Leave to File Amended Complaint. Defendants motions to dismiss Dkt. #19 ; Dkt. #31 are DENIED AS MOOT. Sayles may file an amended complaint on or before October 2, 2023. The Court admonishes all parties to refer to the Local Rules of the Southern District of Texas and to this Courts procedures before engaging in further motion practice. (Signed by Judge George C Hanks, Jr) Parties notified. (ByronThomas, 4) [Transferred from Texas Southern on 1/26/2024.]
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| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support by Equifax Inc., filed. Motion Docket Date 9/27/2023. (Attachments: #1 Proposed Order)(Bergh, Jennifer) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 30 RESPONSE to #24 First MOTION for Leave to File Amended Complaint filed by USAA Federal Savings Bank. (Schultz, Theodore) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 29 ANSWER to #1 Complaint by Experian Information Solutions Inc., filed.(Deason, Trevor) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 28 CERTIFICATE of Conference re: #24 First MOTION for Leave to File Amended Complaint by Amagdeline Sayles, filed.(Hill, Tiffany) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 27 REPLY in Support of #19 MOTION to Dismiss Under Rule 12(b)(3),(4) and (6), filed by USAA Federal Savings Bank. (Attachments: #1 Exhibit FDIC Information)(Schultz, Theodore) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 26 Summons Issued as to USAA Federal Savings Bank. Issued summons delivered to plaintiff by NEF, filed.(HortenciaLerma, 4) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 25 RESPONSE in Opposition to #19 MOTION to Dismiss Under Rule 12(b)(3),(4) and (6), filed by Amagdeline Sayles. (Hill, Tiffany) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 24 First MOTION for Leave to File Amended Complaint by Amagdeline Sayles, filed. Motion Docket Date 9/7/2023. (Attachments: #1 Proposed Order Proposed Order re Motion for Leave to File Amended Complaint)(Hill, Tiffany) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 23 Request for Issuance of Summons as to USAA Federal Savings Bank, filed.(Hill, Tiffany) [Transferred from Texas Southern on 1/26/2024.] |
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Filing 22
ORDER granting #21 Motion for Tiffany Hill to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge George C Hanks, Jr.) Parties notified. (ghassan, 4) [Transferred from Texas Southern on 1/26/2024.]
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| Filing 21 MOTION to Appear Pro Hac Vice for Tiffany Hill (Fee Paid: $100, receipt number ATXSDC-30341697) by Amagdeline Sayles, filed. Motion Docket Date 9/1/2023. (Hill, Tiffany) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 20 NOTICE of Appearance by Jibril Greene on behalf of Transunion LLC, filed. (Greene, Jibril) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 19 MOTION to Dismiss Under Rule 12(b)(3),(4) and (6) by USAA Federal Savings Bank, filed. Motion Docket Date 8/24/2023. (Attachments: #1 Exhibit Exhibit 1)(Schultz, Theodore) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 18 ANSWER to #1 Complaint by Transunion LLC, filed.(Widenbaum, Jared) [Transferred from Texas Southern on 1/26/2024.] |
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Filing 17
ORDER granting #15 Motion for Extension of Time To Respond To Plaintiff's Complaint. (Answer due 9/15/2023 for Equifax Inc.) (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) [Transferred from Texas Southern on 1/26/2024.]
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Filing 16
ORDER granting #11 Motion for Extension of Time to Respond to Plaintiff's Original Complaint. (Answer due 8/31/2023 for Experian Information Solutions Inc.) (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) [Transferred from Texas Southern on 1/26/2024.]
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| Filing 15 Unopposed MOTION for Extension of Time To Respond To Plaintiff's Complaint by Equifax Inc., filed. Motion Docket Date 8/22/2023. (Attachments: #1 Proposed Order)(Bergh, Jennifer) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 14 CERTIFICATE OF INTERESTED PARTIES by Equifax Inc., filed.(Bergh, Jennifer) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 13 NOTICE of Appearance by Jennifer R. Brooks on behalf of Equifax Inc., filed. (Bergh, Jennifer) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 12 CERTIFICATE OF INTERESTED PARTIES by Experian Information Solutions Inc., filed.(Deason, Trevor) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 11 Unopposed MOTION for Extension of Time Respond to Plaintiff's Original Complaint by Experian Information Solutions Inc., filed. Motion Docket Date 8/22/2023. (Attachments: #1 Proposed Order)(Deason, Trevor) [Transferred from Texas Southern on 1/26/2024.] |
| The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by Transunion LLC identifying TransUnion Intermediate Holdings, Inc., TransUnion, and T. Rowe Price Group, Inc. as Corporate Parent, filed.(Widenbaum, Jared) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 7 RETURN of Service of SUMMONS Executed as to Equifax Inc. served on 7/13/2023, answer due 8/3/2023, filed.(JuanitaTabares, 1) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 9 RETURN of Service of SUMMONS Executed as to Transunion LLC served on 7/13/2023, answer due 8/3/2023, filed.(JuanitaTabares, 1) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 8 RETURN of Service of SUMMONS Executed as to USAA Federal Savings Bank served on 7/13/2023, answer due 8/3/2023, filed.(JuanitaTabares, 1) [Transferred from Texas Southern on 1/26/2024.] |
| Filing 6 RETURN of Service of SUMMONS Executed as to Experian Information Solutions Inc. served on 7/13/2023, answer due 8/3/2023, filed.(JuanitaTabares, 1) [Transferred from Texas Southern on 1/26/2024.] |
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Filing 5
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/1/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(JoanDavenport, 4) [Transferred from Texas Southern on 1/26/2024.]
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| Filing 4 NOTICE of Reassignment. Case reassigned to Judge George C Hanks, Jr. Judge Andrew S Hanen no longer assigned to the case. Parties notified, filed. (JoanDavenport, 4) [Transferred from Texas Southern on 1/26/2024.] |
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Filing 3
RECUSAL ORDER. Judge Andrew S Hanen recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) [Transferred from Texas Southern on 1/26/2024.]
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/12/2023 at 12:00 PM by video before Magistrate Judge Sam S Sheldon. (Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) [Transferred from Texas Southern on 1/26/2024.]
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| Filing 1 COMPLAINT against Equifax Inc., Experian Information Solutions Inc., Transunion LLC, USAA Federal Savings Bank filed by Amagdeline Sayles.(KimberlyPicota, 4) (Additional attachment(s) added on 7/3/2023: #1 Exhibit) (KimberlyPicota, 4). [Transferred from Texas Southern on 1/26/2024.] |
| Summons Issued as to Equifax Inc., Experian Information Solutions Inc., Transunion LLC, USAA Federal Savings Bank. Issued summons delivered to plaintiff in person, filed.(KimberlyPicota, 4) [Transferred from Texas Southern on 1/26/2024.] |
| Filing fee: $402, receipt number 400000369, filed. (BrandisIsom, 4) [Transferred from Texas Southern on 1/26/2024.] |
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