Wilprit v. Capital One Bank USA NA et al
| Lori Bernard Wilprit |
| Capital One Bank (U.S.A.), N.A., and Capital One N.A. |
| 1:2024cv00388 |
| March 12, 2024 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| Leonie M Brinkema |
| Lindsey R Vaala |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Filing 79 Case transferred in from District of Texas Northern; Case Number 3:22-cv-00452. Original file and docket sheet received. |
Filing 78
ORDER - The Court ACCEPTS Judge Rutherford's findings, conclusions, and recommendation, Doc. No. 62, and OVERRULES Ms. Wilprit's Objection thereto. Doc. No. 63. The Court GRANTS Capital One's Renewed Motion to Transfer Venue, Doc. No. 34, and TRANSFERS this case to the United States District Court for the Eastern District of Virginia, Alexandria Division. The Court DENIES Capital One's motion to strike. Doc. No. 71. The Court GRANTS Capital One's motion to seal in part and DENIES it in part. (Ordered by Judge Ed Kinkeade on 3/11/2024) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 77 REPLY filed by Capital One NA re: #71 First MOTION to Strike #65 (Document Restricted) Sealed Motion for Leave to File Exhibits Under Seal (Sealed pursuant to motion to seal) (Luzarraga, Jose) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 76 RESPONSE filed by Lori Bernard Wilprit re: #71 First MOTION to Strike #65 (Document Restricted) Sealed Motion for Leave to File Exhibits Under Seal (Sealed pursuant to motion to seal) (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 75 Appendix in Support filed by Lori Bernard Wilprit re #74 Reply (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 74 REPLY filed by Lori Bernard Wilprit re: #63 Objection to Findings and Recommendations (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 73 (Document Restricted) Sealed Brief/Memorandum in Support re: #65 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/4/2023) filed by Capital One NA (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Luzarraga, Jose) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 72 Brief/Memorandum in Support filed by Capital One NA re #65 (Document Restricted) Sealed Motion for Leave to File Exhibits Under Seal (Sealed pursuant to motion to seal) (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Luzarraga, Jose) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 71 First MOTION to Strike #65 (Document Restricted) Sealed Motion for Leave to File Exhibits Under Seal (Sealed pursuant to motion to seal) filed by Capital One NA with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Proposed Order) (Luzarraga, Jose) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 70
ELECTRONIC Order - Before the Court is Defendant Capital One, N.A.'s Brief in Support of Plaintiff's Sealed Motion for Leave to File Exhibits Under Seal (the "Brief"). Doc. No. 68. Having reviewed Defendant's Brief, the Court finds that Defendant has not complied with the Court's order governing the filing of documents under seal (the "Sealing Order"), Doc. No. 61, and UNFILES the Brief. If Defendant wishes to renew its arguments in support of sealing, it SHALL FILE briefs and exhibits in accordance with the Sealing Order no later than January 15, 2024. Without providing an exhaustive description of the procedural defects in Defendants filing, the Court reminds Defendant that it must file both public and sealed briefs, must provide individualized analysis of each item of information sought to be sealed, and must file a public chart summarizing the information sought to be sealed, in each case as set forth in the Sealing Order. Should Defendant renew its arguments in support of sealing, the Court further ORDERS Defendant to file a copy of its proposed redactions, if any, highlighted in yellow. If Defendant renews its argument for striking exhibits pursuant to Local Civil Rule 5.2 in a brief separate from any brief in support of sealing, the former brief need not comply with the Sealing Order. (Ordered by Judge Ed Kinkeade on 1/5/2024) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 69 RESPONSE filed by Capital One NA re: 67 Order on Motion to Extend Time to File Response/Reply,,, #63 Objection to Findings and Recommendations, #65 (Document Restricted) Sealed Motion for Leave to File Exhibits Under Seal (Sealed pursuant to motion to seal) (Attachments: #1 Proposed Order) (Luzarraga, Jose) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 68 (Document Restricted) Sealed Brief/Memorandum in Support re: #65 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/4/2023) filed by Capital One NA (Attachments: #1 Exhibit(s)) (Luzarraga, Jose) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 67
ELECTRONIC ORDER - Before the Court is Defendant Capital One, N.A.'s Consent Motion for Extension of Time (the "Motion"). Doc. No. 66. Upon consideration of the same, the Court GRANTS the Motion. No later than January 4, 2024, Capital One, N.A. shall file (1) its response to Plaintiff Lori Bernard Wilprit's Objections to Findings, Conclusions, and Recommendation of the United States Magistrate Judge, Doc. No. 63, and (2) its brief in support of Plaintiff's Sealed Motion for Leave to File Exhibits to Declaration of James J. Manchee in Support of Plaintiff's Objections to Findings, Conclusions, and Recommendation of the United States Magistrate Judge Under Seal. Doc. No. 65. The Court reminds the parties that, unless excepted from the Courts Judge Specific Requirements, local counsel must sign all documents. The Court will unfile all future filings lacking the necessary signature. (Ordered by Judge Ed Kinkeade on 12/20/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 66 MOTION for Extension of Time to File Response/Reply to #63 Objection to Findings and Recommendations, #65 (Document Restricted) Sealed Motion for Leave to File Exhibits Under Seal (Sealed pursuant to motion to seal) filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Proposed Order) (Angle, Robert) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 65 (Document Restricted) Sealed Motion for Leave to File Exhibits Under Seal (Sealed pursuant to motion to seal) filed by Lori Bernard Wilprit (Attachments: #1 Exhibit(s) Sealed Ex 1, #2 Exhibit(s) Sealed Ex 2, #3 Exhibit(s) Sealed Ex 3, #4 Exhibit(s), #5 Exhibit(s), #6 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 64 Appendix in Support filed by Lori Bernard Wilprit re #63 Objection to Findings and Recommendations (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 63 OBJECTION to #62 Findings and Recommendations . (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 62
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONOF THE UNITED STATES MAGISTRATE JUDGE: The Court should GRANT Defendants #34 Motion to Transfer Venue and transfer this case to the Eastern District of Virginia, Alexandria Division. (Ordered by Magistrate Judge Rebecca Rutherford on 11/30/2023) (cfk) [Transferred from Texas Northern on 3/12/2024.]
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Filing 61
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 11/4/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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Filing 60
ELECTRONIC ORDER granting #57 Application for Admission Pro Hac Vice of Brooke Kelley Conkle. 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 Judge Ed Kinkeade on 8/17/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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Filing 59
ELECTRONIC ORDER granting #56 Application for Admission Pro Hac Vice of Jon S. Hubbard. 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 Judge Ed Kinkeade on 8/17/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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Filing 58
ELECTRONIC ORDER granting #55 Application for Admission Pro Hac Vice of Robert Armistead Angle. 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 Judge Ed Kinkeade on 8/17/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 57 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13964949) filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Proposed Order)Attorney Brooke Kelley Conkle added to party Capital One Bank USA NA(pty:dft), Attorney Brooke Kelley Conkle added to party Capital One NA(pty:dft) (Conkle, Brooke) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 56 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13964882) filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Proposed Order)Attorney Jon S. Hubbard added to party Capital One Bank USA NA(pty:dft), Attorney Jon S. Hubbard added to party Capital One NA(pty:dft) (Hubbard, Jon) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 55 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13964816) filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Proposed Order)Attorney Robert Armistead Angle added to party Capital One Bank USA NA(pty:dft), Attorney Robert Armistead Angle added to party Capital One NA(pty:dft) (Angle, Robert) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 54
ELECTRONIC Order Referring #18 MOTION to Dismiss to Magistrate Judge Rebecca Rutherford for hearing if necessary and determination. (Ordered by Judge Ed Kinkeade on 3/9/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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Filing 53
ELECTRONIC ORDER STAYING - The Court STAYS this case pending a ruling on Defendants' Opposed Motion to Transfer. (Ordered by Judge Ed Kinkeade on 3/9/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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Filing 52
ELECTRONIC Order Referring #34 MOTION to Transfer Case out of District/Division to Magistrate Judge Rebecca Rutherford for hearing if necessary and Findings and Recommendations. (Ordered by Judge Ed Kinkeade on 3/9/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 51 Appendix in Support filed by Capital One Bank USA NA, Capital One NA re #50 Reply (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 50 REPLY filed by Capital One Bank USA NA, Capital One NA re: #34 MOTION to Transfer Case out of District/Division (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 49
ELECTRONIC ORDER: Before the Court are Defendants Capital One Bank (USA), N.A., and Capital One, N.A.'s Renewed Motion to Transfer Venue and Memorandum in Support, Doc. No. 34, and Plaintiffs Response in Opposition to Defendants' Renewed Motion to Transfer Venue and Objections to the Declaration of Amshuman Ramachandran (the "Response"), Doc. No. 47. The Court ORDERS that any reply to the Response shall be filed by March 8, 2023. (Ordered by Judge Ed Kinkeade on 2/27/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 48 Appendix in Support filed by Lori Bernard Wilprit re #47 Response/Objection (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 47 RESPONSE AND OBJECTION filed by Lori Bernard Wilprit re: #34 MOTION to Transfer Case out of District/Division (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 46 (Document Restricted) Sealed Appendix in Support re: #34 Motion to Transfer Case Out of District/Division (Sealed pursuant to order dated 2/22/2023) filed by Capital One Bank USA NA, Capital One NA (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 45 Appendix in Support filed by Capital One Bank USA NA, Capital One NA re #34 MOTION to Transfer Case out of District/Division (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 44
ELECTRONIC ORDER - Before the Court are the Motion for Leave to File Declaration of Amshuman Ramachandran in Support of Defendants' Renewed Motion to Transfer Venue Under Seal (the "Motion"). Doc. No. 33, the Brief in Further Support of Motion for Leave to File Declaration of Amshuman Ramachandran in Support of Defendants' Renewed Motion to Transfer Venue Under Seal, Doc. No. 41, and the Joint Notice of Agreement to Defendant's Motion for Leave to File Declaration of Amshuman Ramachandran in Support of Defendants' Renewed Motion to Transfer Venue Under Seal (the "Agreement"), Doc. No. 43. Per the Agreement, "the parties have agreed that Defendants will re-file the Appendix in Support of Defendants' Renewed Motion to Transfer Venue and only seal Exhibits 3 and 6 to the Declaration of Amshuman Ramachandran, rather than the entire Appendix." Id. Exhibit 3 to the Declaration of Amshuman Ramachandran is only two pages long, and it consists entirely of Defendants' confidential source code. Doc. No. 35 at 13-14. The contents of Exhibit 3 may be filed under seal. Exhibit 6, id. at 26, is less than one page long. It is already partially redacted. Id. Defendant may file Exhibit 6 in its current, redacted form. Plaintiff's email address is already visible on the public record. Doc. No. 10-1. Defendant has not sufficiently justified why the entirety of Exhibit 6 should be sealed, however. See Doc. No. 37. Thus, the Court GRANTS the Motion in part, and ORDERS Defendants to, by February 23, 2023, refile their Appendix of Documents Cited in Defendants' Renewed Motion to Transfer Venue. Doc. No. 35. Exhibit 3 may be filed under seal. Exhibit 6 may be partially redacted, as outlined above. (Ordered by Judge Ed Kinkeade on 2/22/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 43 NOTICE of Agreement re: #33 MOTION for Leave to File Declaration of Amshuman Ramachandran in Support of Defendants' Renewed Motion to Transfer Venue Under Seal filed by Lori Bernard Wilprit (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 42
ELECTRONIC ORDER - Before the Court is Defendants' Motion for Leave to File Brief in Further Support of Motion for Leave to File Declaration of Amshuman Ramachandran in Support of Defendants' Renewed Motion to Transfer Venue Under Seal (the "Motion"). Doc. No. 40. Having reviewed the Motion, and finding good cause therefore, the Court GRANTS the Motion. Defendants' Brief in Further Support of Motion for Leave to File Declaration of Amshuman Ramachandran in Support of Defendants' Renewed Motion to Transfer Venue Under Seal, Doc. No. 41, is deemed timely filed. Per the Court's February 1, 2023, Electronic Order, Doc. No. 37, if Plaintiff still opposes Defendants' Motion for Leave to File Declaration of Amshuman Ramachandran in Support of Defendants Renewed Motion to Transfer Venue Under Seal (the "Motion for Leave to File Under Seal"), Doc. No. 33, Plaintiff must submit her response by February 21, 2023. If Plaintiff no longer opposes the Motion for Leave to File Under Seal, Plaintiff should file a notice of non-opposition with the Court as soon as possible. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ed Kinkeade on 2/14/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 41 Brief/Memorandum in Support filed by Capital One Bank USA NA, Capital One NA re #33 MOTION for Leave to File Declaration of Amshuman Ramachandran in Support of Defendants' Renewed Motion to Transfer Venue Under Seal (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 40 MOTION for Leave to File Brief in Further Support of Motion for Leave to File Declaration of Amshuman Ramachandran in Support of Defendants' Renewed Motion to Transfer Venue Under Seal filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Proposed Order) (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 39
ELECTRONIC ORDER - Before the Court are the Motion for Leave to File Renewed Motion to Transfer Venue (the "Motion"), Doc. No. 32, and Plaintiff's Response in Opposition to Defendants' Motion for Leave to File Renewed Motion to Transfer Venue (the "Response"), Doc. No. 38. Having carefully considered the Motion, the Response, and the applicable law, the Court GRANTS the Motion. Defendants Capital One Bank (USA), N.A. and Capital One, N.A.'s Renewed Motion to Transfer Venue and Memorandum in Support is deemed filed (Doc. No. 34). (Ordered by Judge Ed Kinkeade on 2/3/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 38 RESPONSE filed by Lori Bernard Wilprit re: #32 MOTION for Leave to File Renewed Motion to Transfer Venue (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 37
ORDER: Before the Court is Capital One Bank USA, N.A. and Capital One Bank, N.A.'s ("Defendants") Motion for Leave to File Declaration of Amshuman Ramachandran in Support of Defendants' Renewed Motion to Transfer Venue Under Seal (the "Motion"). Doc. No. 33. The Court will defer ruling on Defendants' Motion until Defendants supplement it with a brief addressing why the risks of disclosure outweigh the public's common law right of access and why no other viable alternative to sealing exists. See N.D. Tex. Civ. R. 79.3(c). Defendants are ORDERED to submit said brief by February 10, 2023. The Court notes that Defendants' Motion is opposed. Doc. No. 33 at 3. If Plaintiff still opposes Defendants' Motion, Plaintiff must submit her response to the Motion within seven (7) days of the filing of the supplemental brief. No reply brief shall be permitted absent further order. (Ordered by Judge Ed Kinkeade on 2/1/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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Filing 36
ELECTRONIC ORDER: Before the Court is Defendants' Motion for Leave to File Renewed Motion to Transfer Venue (the "Motion" or the "Motion for Leave"). Doc. No. 32. Defendants indicate that the Motion is opposed. The Court notes that this is not the motion to transfer venue itself, but a motion for leave to file such a motion. Plaintiff is ORDERED to file her response to the Motion for Leave by February 3, 2023. There shall be no reply unless requested by the Court. Responses due by 2/3/2023. (Ordered by Judge Ed Kinkeade on 1/31/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 35 (Document Restricted) Sealed Appendix in Support re: #34 Motion to Transfer Case Out of District/Division (Sealed pursuant to order dated 7/27/2022) filed by Capital One Bank USA NA, Capital One NA (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 34 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 Exhibit(s) A, #2 Proposed Order) (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 33 MOTION for Leave to File Declaration of Amshuman Ramachandran in Support of Defendants' Renewed Motion to Transfer Venue Under Seal filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Proposed Order) (Ostroff, Ethan)[Transferred from Texas Northern on 3/12/2024.] |
| Filing 32 MOTION for Leave to File Renewed Motion to Transfer Venue filed by Capital One Bank USA NA, Capital One NA (Attachments: #1 Proposed Order) (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 31
ELECTRONIC ORDER: On October 4, 2022, the Court denied Defendants Capital One Bank (USA), N.A. and Capital One, N.A.'s Motion to Transfer Venue and Memorandum in Support, Doc. No. 10, and Defendants Capital One Bank (USA), N.A. and Capital One, N.A.s Motion to Stay and Memorandum in Support, Doc. No. 17, without prejudice to refiling. Doc. No. 30. If Defendants wish to refile either of these motions, they must do so by January 30, 2023. (Ordered by Judge Ed Kinkeade on 1/11/2023) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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Filing 30
ELECTRONIC ORDER - In light of Plaintiff's First Amended Complaint, Doc. No. 13, and out of an abundance of caution, the Court hereby DENIES as moot and without prejudice Defendants Capital One Bank (USA), N.A. and Capital One, N.A.'s Motion to Transfer Venue and Memorandum in Support, Doc. No. 10, and Defendants Capital One Bank (USA), N.A. and Capital One, N.A.'s Motion to Stay and Memorandum in Support, Doc. No. 17. (Ordered by Judge Ed Kinkeade on 10/4/2022) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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Filing 29
PROTECTIVE ORDER. (Ordered by Judge Ed Kinkeade on 7/27/2022) (axm) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 28 Unopposed MOTION for Protective Order filed by Capital One Bank USA NA, Capital One NA (Luzarraga, Jose) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 27 Appendix in Support filed by Capital One Bank USA NA, Capital One NA re #26 Reply in Support of Motion to Dismiss (Luzarraga, Jose) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 26 REPLY filed by Capital One Bank USA NA, Capital One NA re: #18 MOTION to Dismiss (Luzarraga, Jose) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 25 Appendix in Support filed by Capital One Bank USA NA, Capital One NA re #24 Reply in Support of Their Motion to Stay (Luzarraga, Jose) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 24 REPLY filed by Capital One Bank USA NA, Capital One NA re: #17 MOTION to Stay and Memorandum in Support of Motion to Stay (Luzarraga, Jose) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 23 RESPONSE filed by Lori Bernard Wilprit re: #18 MOTION to Dismiss (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 22 RESPONSE filed by Lori Bernard Wilprit re: #17 MOTION to Stay and Memorandum in Support of Motion to Stay (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 21 Appendix in Support filed by Capital One Bank USA NA, Capital One NA re #20 Reply in Support of Their Motion to Transfer Venue and Memorandum in Support (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 20 REPLY filed by Capital One Bank USA NA, Capital One NA re: #10 MOTION to Tranfer Venue (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 19
ELECTRONIC ORDER - In light of Plaintiff's Amended Complaint Defendants' #11 Motion to Dismiss is denied as moot. (Ordered by Judge Ed Kinkeade on 4/22/2022) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 18 MOTION to Dismiss filed by Capital One Bank USA NA, Capital One NA with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 17 MOTION to Stay and Memorandum in Support of Motion to Stay filed by Capital One Bank USA NA, Capital One NA with Brief/Memorandum in Support. (Attachments: #1 Proposed Order granting Defendants' Motion to Stay) (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 16 Appendix in Support filed by Lori Bernard Wilprit re #15 Brief/Memorandum in Support of Motion (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 15 RESPONSE in Opposition filed by Lori Bernard Wilprit re #10 MOTION to Tranfer Venue and Objections to the Declaration of Amshuman Ramachandran (Attachments: #1 Proposed Order) (Manchee, James) Modified event on 4/11/2022 (ygl). [Transferred from Texas Northern on 3/12/2024.] |
| Filing 14 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 3/12/2024.] |
| Filing 13 AMENDED COMPLAINT against Capital One Bank USA NA, Capital One NA filed by Lori Bernard Wilprit. 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 3/12/2024.] |
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Filing 12
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, Defendants, Capital One Bank (USA), N.A., and Capital One Bank, N.A., shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result defendants' pleadings being stricken and default taken against that defendant without further notice. (Ordered by Judge Ed Kinkeade on 3/21/2022) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 11 MOTION to Dismiss 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 3/12/2024.] |
| Filing 10 MOTION to Tranfer Venue filed by Capital One Bank USA NA, Capital One NA with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A (Declaration in Support of Motion to Transfer Venue), #2 Proposed Order in Support of Motion to Transfer Venue) (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Capital One Bank USA NA, Capital One NA identifying Corporate Parent/Other Affiliate Capital One Financial Corporation for Capital One Bank USA NA, Capital One NA. (Ostroff, Ethan) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 8 SUMMONS Returned Executed as to Capital One NA; served on 2/28/2022. (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 7 SUMMONS Returned Executed as to Capital One Bank USA NA; served on 2/28/2022. (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
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Filing 6
ELECTRONIC ORDER granting #5 Motion for Leave to Appear Without Designation of Local Counsel. At anytime, the Court may require plaintiff to enter an appearance of local counsel. (Ordered by Judge Ed Kinkeade on 2/25/2022) (chmb) [Transferred from Texas Northern on 3/12/2024.]
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| Filing 5 MOTION for Leave to Appear Without Designation of Local Counsel filed by Lori Bernard Wilprit (Attachments: #1 Proposed Order) (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 4 Summons Issued as to Capital One Bank USA NA, Capital One NA. (mla) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 3 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mla) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lori Bernard Wilprit. (Manchee, James) [Transferred from Texas Northern on 3/12/2024.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Capital One Bank USA, N.A., Capital One, N.A. filed by Lori Bernard Wilprit. (Filing fee $402; Receipt number 0539-12623986) 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 3/12/2024.] |
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