Vann v. Capital One Bank (USA), National Association et al
Keli Vann |
Capital One Bank (USA) National Association and Rausch Sturm LLP |
1:2023cv00128 |
January 30, 2023 |
US District Court for the Eastern District of Virginia |
John F Anderson |
Patricia Tolliver Giles |
Consumer Credit |
15 U.S.C. § 1692 Fair Debt Collection Act |
Plaintiff |
Docket Report
This docket was last retrieved on March 1, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 20 NOTICE of Settlement Notice of Settlement - Capital One by Keli Vann (Shuniak, J) |
Filing 19 ORDER granting #15 Motion for Extension of Time to Answer. ORDERS that Capital One's deadline to respond to the Complaint is extended to and including March 2, 2023 . Signed by Magistrate Judge John F. Anderson on 02/16/2023. (wgar, ) |
Filing 18 NOTICE of Appearance by Seth Abram Schaeffer on behalf of Capital One Bank (USA) National Association (Schaeffer, Seth) |
Filing 17 Corporate Disclosure Statement by Capital One Bank (USA) National Association. (Lehnen, Katherine) |
Filing 16 Waiver of re #15 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, (Waiver of Hearing) by Capital One Bank (USA) National Association (Lehnen, Katherine) |
Filing 15 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by Capital One Bank (USA) National Association. (Attachments: #1 Proposed Order)(Lehnen, Katherine) |
Filing 14 So Ordered in re #11 MOTION to Substitute Attorney filed by Keli Vann. Signed by Magistrate Judge John F. Anderson on 2/8/2023. (nlop) |
Filing 13 AFFIDAVIT of Service for complaint and exhibits Rausch Sturm LLP served on Rausch Sturm LLP on January 26 2023, filed by Keli Vann. (Shuniak, J) |
Filing 12 AFFIDAVIT of Service for complaint and exhibits Capital One served on Capital One on January 26 2023, filed by Keli Vann. (Shuniak, J) Modified to correct service date on 2/10/2023 (swil). |
Filing 11 MOTION to Substitute Attorney MOTION to Substitute Attorney by Keli Vann. (Attachments: #1 Letter notice of substitution of counsel)(Shuniak, J) |
Filing 10 Case transferred in from District of New York Southern; Case Number 1:23-cv-00266. Original file and docket sheet received. |
Filing 9 ORDER: Plaintiff is directed to serve a copy of this order on all Defendants in this action and retain proof of service. The Clerk of Court is directed to transfer this case to the Eastern District of Virginia without delay. (Signed by Judge Gregory H. Woods on 1/27/2023) (rro) [Transferred from New York Southern on 1/30/2023.] |
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Virginia.(rro) [Transferred from New York Southern on 1/30/2023.] |
Filing 8 LETTER addressed to Judge Gregory H. Woods from Robert Wennemer, Esq. dated January 26, 2023 re: Consent for Transfer of this Action to the United States District Court for the Eastern District of Virginia. Document filed by Keli Vann..(Wennemer, Robert) [Transferred from New York Southern on 1/30/2023.] |
Filing 7 ORDER: Although Capital One Bank has a branch in NYC, its headquarters are located in McLean, Virginia. Accordingly, the Court is inclined to transfer this case to the Eastern District of Virginia pursuant to 28 U.S.C. 1406(a). See 28 U.S.C. 1406(a) ("The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."). Plaintiff is ORDERED TO SHOW CAUSE no later than January 31, 2023 as to why this action should not be transferred to the Eastern District of Virginia. In the alternative, if Plaintiff is willing to transfer this action to the Eastern District of Virginia, the Court requests that Plaintiff submit a letter stating that it consents to the transfer of this action to the Eastern District of Virginia no later than January 31, 2023. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/24/2023) (ks) [Transferred from New York Southern on 1/30/2023.] |
Filing 6 ELECTRONIC SUMMONS ISSUED as to Capital One Bank (USA), National Association..(pc) [Transferred from New York Southern on 1/30/2023.] |
Filing 5 ELECTRONIC SUMMONS ISSUED as to Rausch Sturm LLP..(pc) [Transferred from New York Southern on 1/30/2023.] |
Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from New York Southern on 1/30/2023.] |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 1/30/2023.] |
Case Designated ECF. (pc) [Transferred from New York Southern on 1/30/2023.] |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Rausch Sturm LLP, re: #1 Complaint,,. Document filed by Keli Vann..(Wennemer, Robert) [Transferred from New York Southern on 1/30/2023.] |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Capital One Bank (USA), National Association, re: #1 Complaint,,. Document filed by Keli Vann..(Wennemer, Robert) [Transferred from New York Southern on 1/30/2023.] |
Filing 2 CIVIL COVER SHEET filed..(Wennemer, Robert) [Transferred from New York Southern on 1/30/2023.] |
Filing 1 COMPLAINT against Capital One Bank (USA), National Association, Rausch Sturm LLP. (Filing Fee $ 402.00, Receipt Number ANYSDC-27191702)Document filed by Keli Vann. (Attachments: #1 Exhibit Settlement Agreement dated May 27, 2021, #2 Exhibit Plaintiff's Proof of Payment, June 2021 to November 2021, #3 Exhibit Plaintiff's Proof of Payment, February 2022, #4 Exhibit Plaintiff's Proof of Payment, April 2022, #5 Exhibit Plaintiff's Dispute Letters dated November 1, 2022 and November 30, 2022).(Wennemer, Robert) [Transferred from New York Southern on 1/30/2023.] |
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