Young v. Capital One Bank USA NA et al
| Kacy Lynn Young |
| Capital One Bank USA NA and Capital One NA |
| 1:2022cv01326 |
| November 20, 2022 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| William E Fitzpatrick |
| Patricia Tolliver Giles |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
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Filing 64
ORDER granting #63 Amended Motion for Pro hac vice Appointed James Justin Manchee for Kacy Lynn Young. Signed by District Judge Patricia Tolliver Giles on 1/3/2023. (swil)
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Filing 63
Amended Motion to appear Pro Hac Vice by James Justin Manchee and Certification of Local Counsel Jason M. Krumbein (corrected to add signture) by Kacy Lynn Young. (Krumbein, Jason)
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Notice of Correction re #61 Motion to appear Pro Hac Vice by James Justin Manchee and Certification of Local Counsel Jason M. Krumbein Filing fee $ 75, receipt number AVAEDC-8719924. The filing user has been notified to file a completed application. (swil)
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Set Deadline as to #23 MOTION to Dismiss The Amended Complaint of Kacy Lynn Young. Motion Hearing set for 2/16/2023 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (jlan)
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Filing 62
Notice of Hearing Date re #23 MOTION to Dismiss The Amended Complaint of Kacy Lynn Young (Buxbaum, Andrew)
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Filing 61
Motion to appear Pro Hac Vice by James Justin Manchee and Certification of Local Counsel Jason M. Krumbein Filing fee $ 75, receipt number AVAEDC-8719924. by Kacy Lynn Young. (Krumbein, Jason)
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Filing 60
NOTICE of Appearance by Jason Meyer Krumbein on behalf of Kacy Lynn Young (Krumbein, Jason)
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Filing 59
Case transferred in from District of Texas Northern; Case Number 3:22-cv-00647. Original file and docket sheet received.
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Filing 58
Memorandum Opinion and Order granting #13 Motion to Transfer Case Out of District and TRANSFERS this action to the Eastern District of Virginia, Alexandria Division. (Ordered by District Judge Barbara M. G. Lynn on 11/18/2022) (ykp) [Transferred from Texas Northern on 11/20/2022.]
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Filing 56
Appendix in Support filed by Kacy Lynn Young re #55 Response/Objection (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 55
RESPONSE AND OBJECTION filed by Kacy Lynn Young re: #37 MOTION for Leave to File Supplemental Declaration in Support of Motion to Transfer Venue (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 53
Brief/Memorandum in Support filed by Capital One Bank USA NA, Capital One NA re #13 MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Buxbaum, Andrew)[Transferred from Texas Northern on 11/20/2022.]
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Filing 52
MOTION for Leave to File Supplemental Brief in Support of Motion to Transfer and Attached Exhibits Under Seal filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Proposed Order) (Buxbaum, Andrew) [Transferred from Texas Northern on 11/20/2022.]
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Filing 51
ELECTRONIC ORDER granting #50 Application for Admission Pro Hac Vice of Christine J. Lesko. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 8/29/2022) (chmb) [Transferred from Texas Northern on 11/20/2022.]
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Filing 50
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13065991) filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Proposed Order)Attorney Christine J Lesko added to party Capital One Bank USA NA(pty:dft), Attorney Christine J Lesko added to party Capital One NA(pty:dft) (Lesko, Christine) [Transferred from Texas Northern on 11/20/2022.]
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Filing 49
Protective Order. (Ordered by Chief Judge Barbara M. G. Lynn on 7/29/2022) (rekc) [Transferred from Texas Northern on 11/20/2022.]
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Filing 48
Unopposed MOTION for Protective Order filed by Capital One Bank USA NA, Capital One NA (Luzarraga, Jose) [Transferred from Texas Northern on 11/20/2022.]
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Filing 47
ORDER: Before the Court are Plaintiff's Objections to the Supplemental Declaration of Amshuman Ramachandran (ECF No. #45 ) and the Declaration of Plaintiff Kacy Lynn Young (ECF No. #46 ). In light of these filings, the Court CARRIES the Motion to Transfer Venue until the parties conduct additional, limited discovery, as detailed in the Court's 7/5/2022, Order (ECF No. #43 ). The Motion to Consolidate (ECF No. #12 ) is DENIED. The Court amends its 7/5/2022, Order (ECF No. #43 ) as follows: each side has until 9/11/2022, to conduct a single, remote deposition, not to exceed four hours, in support of their respective positions on the Motion to Transfer Venue. By 9/18/2022, each side may supplement their position on Defendants' Motion to Transfer. (Ordered by Chief Judge Barbara M. G. Lynn on 7/18/2022) (oyh) [Transferred from Texas Northern on 11/20/2022.]
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Filing 46
AFFIDAVIT re #45 Response/Objection Declaration of Kacy Lynn Young by Kacy Lynn Young. (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 45
RESPONSE AND OBJECTION filed by Kacy Lynn Young re: #37 MOTION for Leave to File Supplemental Declaration in Support of Motion to Transfer Venue (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 44
Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on July 5, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (32 pages) Redaction Request due 7/27/2022. Redacted Transcript Deadline set for 8/8/2022. Release of Transcript Restriction set for 10/4/2022. (dak) [Transferred from Texas Northern on 11/20/2022.]
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Filing 43
ORDER: The Court heard argument on the #12 Motion to Consolidate, #13 Motion to Transfer Venue, and #15 Motion to Stay, filed by Defendants Capital One Bank USA NA and Capital One Bank NA. The Motion to Stay is GRANTED. The Court CARRIES the Motion to Consolidate and the Motion to Transfer Venue. (Ordered by Chief Judge Barbara M. G. Lynn on 7/5/2022) (mla) [Transferred from Texas Northern on 11/20/2022.]
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Filing 42
ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M. G. Lynn: Motions hearing held on 7/5/2022 at 12:00 p.m. Attorney Appearances: Plaintiff - James Manchee; Defendants - Andrew Buxbaum, Jose Luzarraga. (Court Reporter: Debbie Kriegshauser). Time in Court - 0:42. (chmb) Modified text on 7/5/2022 (chmb). [Transferred from Texas Northern on 11/20/2022.]
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Filing 41
ELECTRONIC ORDER granting #35 Application for Admission Pro Hac Vice of Andrew B. Buxbaum. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 7/5/2022) (chmb) [Transferred from Texas Northern on 11/20/2022.]
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Filing 40
ORDER: Before the Court is Defendants' Motion for Leave to File Supplemental Declaration in Support of Motion to Transfer Venue. ECF No. #37 . At this time, the Court is inclined to consider the supplemental declaration. Plaintiff should be prepared to argue at the hearing on the Motion to Transfer Venue, scheduled for Tuesday, July 5, at 12:00 p.m., why the Court should not do so. (Ordered by Chief Judge Barbara M. G. Lynn on 7/1/2022) (ygl) [Transferred from Texas Northern on 11/20/2022.]
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Filing 38
MOTION for Leave to File Supplemental Declaration of Amshuman Ramachandran Under Seal filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Proposed Order) (Ostroff, Ethan) [Transferred from Texas Northern on 11/20/2022.]
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Filing 37
MOTION for Leave to File Supplemental Declaration in Support of Motion to Transfer Venue filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Declaration(s), #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7) (Ostroff, Ethan) [Transferred from Texas Northern on 11/20/2022.]
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Filing 36
ELECTRONIC ORDER: The hearing on Defendants' Motion to Consolidate #12 , Motion to Transfer #13 , and Motion to Stay #15 is RESET for 7/5/2022 at 12:00 PM before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 6/30/2022) (chmb) [Transferred from Texas Northern on 11/20/2022.]
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Filing 35
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12928562) filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Proposed Order)Attorney Andrew B Buxbaum added to party Capital One Bank USA NA(pty:dft), Attorney Andrew B Buxbaum added to party Capital One NA(pty:dft) (Buxbaum, Andrew) [Transferred from Texas Northern on 11/20/2022.]
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Filing 34
ORDER: Motion Hearing re: #12 MOTION to Consolidate Cases, #13 MOTION to Transfer Case out of District/Division, and #15 MOTION to Stay set for 7/5/2022 01:00 PM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 6/23/2022) (oyh) Modified docket text on 6/23/2022 (oyh). [Transferred from Texas Northern on 11/20/2022.]
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Filing 33
REPLY filed by Capital One Bank USA NA, Capital One NA re: #23 MOTION to Dismiss The Amended Complaint of Kacy Lynn Young (Luzarraga, Jose) [Transferred from Texas Northern on 11/20/2022.]
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Filing 32
RESPONSE filed by Kacy Lynn Young re: #23 MOTION to Dismiss The Amended Complaint of Kacy Lynn Young (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 31
NOTICE of Service of Plaintiff's Rule 26(a)(1) Initial Disclosures filed by Kacy Lynn Young (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 30
SCHEDULING ORDER: Jury Trial set for 7/24/2023 09:00 AM before Chief Judge Barbara M. G. Lynn. Joinder of Parties due by 7/11/2022. Amended Pleadings due by 10/3/2022. Motions due by 2/10/2023. Discovery due by 2/17/2023. Settlement Status Report due by 10/3/2022. Pretrial Order due by 7/3/2023. Pretrial Materials due by 7/3/2023. Pretrial Conference set for 7/21/2023 09:00 AM before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 5/27/2022) (oyh) [Transferred from Texas Northern on 11/20/2022.]
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Filing 29
Joint STATUS REPORT filed by Kacy Lynn Young. (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 28
Appendix in Support filed by Capital One Bank USA NA, Capital One NA re #27 Reply in Support of Their Motion to Transfer Venue (Luzarraga, Jose) [Transferred from Texas Northern on 11/20/2022.]
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Filing 27
REPLY filed by Capital One Bank USA NA, Capital One NA re: #13 MOTION to Transfer Case out of District/Division (Luzarraga, Jose) [Transferred from Texas Northern on 11/20/2022.]
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Filing 26
Appendix in Support filed by Capital One Bank USA NA, Capital One NA re #25 Reply in Support of Their Motion to Stay (Luzarraga, Jose) [Transferred from Texas Northern on 11/20/2022.]
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Filing 25
REPLY filed by Capital One Bank USA NA, Capital One NA re: #15 MOTION to Stay (Luzarraga, Jose) [Transferred from Texas Northern on 11/20/2022.]
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Filing 24
REPLY filed by Capital One Bank USA NA, Capital One NA re: #12 MOTION to Consolidate Cases and Memorandum in Support (Luzarraga, Jose) [Transferred from Texas Northern on 11/20/2022.]
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Filing 23
MOTION to Dismiss The Amended Complaint of Kacy Lynn Young filed by Capital One Bank USA NA, Capital One NA with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Luzarraga, Jose) [Transferred from Texas Northern on 11/20/2022.]
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Filing 22
Appendix in Support filed by Kacy Lynn Young re #20 Response/Objection to Defendants' Motion Transfer (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 21
RESPONSE filed by Kacy Lynn Young re: #15 MOTION to Stay (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 20
RESPONSE AND OBJECTION filed by Kacy Lynn Young re: #13 MOTION to Transfer Case out of District/Division (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 19
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Proposed Scheduling Order due by 5/26/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 5/5/2022) (oyh) [Transferred from Texas Northern on 11/20/2022.]
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Filing 18
Appendix in Support filed by Kacy Lynn Young re #17 Response/Objection (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 17
RESPONSE filed by Kacy Lynn Young re: #12 MOTION to Consolidate Cases and Memorandum in Support (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 16
AMENDED COMPLAINT against All Defendants filed by Kacy Lynn Young. 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 Exhibit(s)) (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 15
MOTION to Stay filed by Capital One Bank USA NA, Capital One NA with Brief/Memorandum in Support. (Attachments: #1 Proposed Order granting Motion to Stay) (Ostroff, Ethan) [Transferred from Texas Northern on 11/20/2022.]
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Filing 14
Appendix in Support filed by Capital One Bank USA NA, Capital One NA re #13 MOTION to Transfer Case out of District/Division (Ostroff, Ethan) [Transferred from Texas Northern on 11/20/2022.]
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Filing 13
MOTION to Transfer Case out of District/Division filed by Capital One Bank USA NA, Capital One NA with Brief/Memorandum in Support. (Attachments: #1 Proposed Order granting Motion to Transfer Venue) (Ostroff, Ethan) [Transferred from Texas Northern on 11/20/2022.]
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Filing 12
MOTION to Consolidate Cases filed by Capital One Bank USA NA, Capital One NA with Brief/Memorandum in Support. (Attachments: #1 Proposed Order granting Motion to Consolidate) (Ostroff, Ethan) [Transferred from Texas Northern on 11/20/2022.]
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Filing 11
MOTION to Dismiss Plaintiff's Complaint filed by Capital One Bank USA NA, Capital One NA with Brief/Memorandum in Support. (Attachments: #1 Proposed Order granting Motion to Dismiss) (Ostroff, Ethan) [Transferred from Texas Northern on 11/20/2022.]
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Filing 10
NOTICE of Attorney Appearance by Jose M Luzarraga on behalf of Capital One Bank USA NA, Capital One NA. (Filer confirms contact info in ECF is current.) (Luzarraga, Jose) [Transferred from Texas Northern on 11/20/2022.]
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Filing 9
ORDER granting #4 Motion for Leave to Appear without Designation of Local Counsel. (Ordered by Chief Judge Barbara M. G. Lynn on 3/31/2022) (jmg) [Transferred from Texas Northern on 11/20/2022.]
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Filing 8
SUMMONS Returned Executed as to Capital One NA, served on 3/23/2022. (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 7
SUMMONS Returned Executed as to Capital One Bank USA NA; served on 3/23/2022. (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 6
Summons Issued as to Capital One Bank USA NA, Capital One NA. (ygl) [Transferred from Texas Northern on 11/20/2022.]
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Filing 5
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ygl) [Transferred from Texas Northern on 11/20/2022.]
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Filing 4
MOTION Leave to Appear Without Designation of Local Counsel filed by Kacy Lynn Young (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 3
Corrected CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kacy Lynn Young. (Manchee, James) Modified text on 3/21/2022 (ygl). [Transferred from Texas Northern on 11/20/2022.]
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kacy Lynn Young. (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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Filing 1
COMPLAINT WITH JURY DEMAND against Capital One Bank USA, N.A., Capital One, N.A. filed by Kacy Lynn Young. (Filing fee $402; Receipt number 0539-12682212) Clerk to issue summons(es). 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, 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 Exhibit(s), #2 Cover Sheet) (Manchee, James) [Transferred from Texas Northern on 11/20/2022.]
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