Owens v. Discover Bank et al
| Tanner Owens |
| Discover Bank and Equifax Information Services LLC |
| 2:2022cv01149 |
| August 12, 2022 |
| US District Court for the Western District of Washington |
| Seattle Office |
| Tana Lin |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.
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Filing 25
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge Tana Lin. FRCP 26(f) Conference Deadline is 10/17/2022, Initial Disclosure Deadline is 10/31/2022, Joint Status Report due by 11/14/2022. (KMP)
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| Filing 24 MINUTE ORDER (text only) made at the direction of Judge Tana Lin: Pursuant to Plaintiff Tanner Owens' and Defendant Equifax Information Services LLC's ("Settling Parties") #23 Notice of Settlement and in accordance with Section VII of the Court's Standing Order for All Civil Cases, It is hereby ORDERED that the Settling Parties shall submit a stipulated dismissal, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), within forty-five (45) days from the date of the Order.If the Settling Parties do not submit a stipulated dismissal by the above deadline, the Court will enter its standard order of post-settlement dismissal, allowing the Settling Parties to reopen the case if they have not perfected the settlement agreement within sixty (60) days of the dismissal order.It is further ORDERED that all pending motions, deadlines, and hearings in this case, including the trial date, are STRICKEN as to the Settling Parties only. (KMP) |
| Filing 23 NOTICE of Settlement As to Equifax Information Services, LLC by Plaintiff Tanner Owens (Sanders, Craig) |
| Filing 22 MINUTE ORDER (text only) made at the direction of Judge Tana Lin: The Court has posted Chambers Procedures at http://www.wawd.uscourts.gov/judges/lin-procedures. All counsel and unrepresented ("pro se") parties are DIRECTED to review them, if they have not already done so. Failure to follow the requirements set forth in the Chambers Procedures may result in the imposition of sanctions. (KMP) |
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Filing 21
STANDING ORDER REGARDING 28 U.S.C. 455 AND CANON 3 OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Tana Lin. (KMP)
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Filing 20
ORDER granting Parties' #18 Unopposed MOTION for Extension of Time. Defendant Equifax Information Services, LLC shall answer or otherwise respond to the Complaint by 9/19/2022. Signed by Judge Tana Lin. (LH)
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| Filing 19 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent EQUIFAX, INC for Equifax Information Services LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Equifax Information Services LLC (Edelson, Jeffrey) |
| Filing 18 Stipulated Unopposed MOTION for Extension of Time to File Answer re #1 Complaint , filed by Defendant Equifax Information Services LLC. Noting Date 8/19/2022, (Edelson, Jeffrey) Modified title on 8/19/2022 (LH). |
| Filing 17 NOTICE of Appearance by attorney Jeffrey M. Edelson on behalf of Defendant Equifax Information Services LLC. (Edelson, Jeffrey) |
| Filing 16 NOTICE of Appearance by attorney Craig B Sanders on behalf of Plaintiff Tanner Owens. (Sanders, Craig) |
| Per phone call from Sanders Law Group, attorney Alain Cesar will not be filing a pro hac vice application in this case. (SB) (cc: Cesar via ECF ad hoc) |
| Filing 15 LETTER from Clerk to counsel re receipt of case from Southern District of New York, Foley Square and advising of WAWD case number and judge assignment. (RE) |
| Filing 14 Case transferred in from Southern District of New York (Foley Square), Case Number 1:22-cv-06280-AT. |
| Judge Tana Lin added. (RE) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of Washington.(kv) [Transferred from nysd on 8/16/2022.] |
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Filing 13
MEMO ENDORSEMENT on re: #12 Response to Order to Show Cause filed by Tanner Owens. ENDORSEMENT: The Clerk of Court is directed to transfer this case to the Western District of Washington pursuant to 28 U.S.C. 1406. SO ORDERED. (Signed by Judge Analisa Torres on 8/5/2022) (kv) Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 8/16/2022.]
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| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re: #9 Order to Show Cause,,,,,,,,. Document filed by Tanner Owens..(Richards, Nicola) [Transferred from nysd on 8/16/2022.] |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint served. Discover Bank served on 8/1/2022, answer due 8/22/2022. Service was accepted by Mohamed Dansoko, Intake Specialist. Document filed by Tanner Owens..(Richards, Nicola) [Transferred from nysd on 8/16/2022.] |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. Equifax Information Services, LLC served on 7/29/2022, answer due 8/19/2022. Service was accepted by JANE DOE, LEGAL REPRESENTATIVE OF CSC. Document filed by Tanner Owens..(Richards, Nicola) [Transferred from nysd on 8/16/2022.] |
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Filing 9
ORDER TO SHOW CAUSE: For the purposes of venue, a civil action may be brought in "(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." 28 U.S.C. 1391(b). Plaintiff has not identified where the cause of action accrued for the purposes of 1391(b)(2). See Dixon v. Mazda Fin. Servs., Inc., No. 21 Civ. 8920, 2021 WL 5853244, at *2 (S.D.N.Y. Nov. 1, 2021) ("Under 1391(b)(2), in actions brought under the FCRA, the claim arises where the harm occurred.") ( citing NY. Mercantile Exch. v. Central Tours Int'l, Inc., No. 96 Civ. 8988, 1997 WL 370600, at *4 (S.D.N.Y. July 1, 1997) ("The place where the harm occurred is... relevant for venue purposes.")). It appears the harm Plaintiff alleges occurred in his district of residence. Compl. paragraph 41. For this reason, and "in the interest of justice," the Court is inclined to transfer this case under 28 U.S.C. 1406(a) to the United States District Court for the Western District of Washington. See 28 U.S.C. 128(b) ("The Western District comprises the counties of... King... "). By August 5, 2022, Plaintiff shall show cause in writing why this action should not be transferred. If Plaintiff fails to respond within the time allowed, or fails to show that venue is proper in the Southern District of New York and that the action should not be transferred in the interest of justice, the Court shall transfer this case to the United States District Court for the Western District of Washington. SO ORDERED. (Signed by Judge Analisa Torres on 7/29/2022) (kv) [Transferred from nysd on 8/16/2022.]
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| Filing 8 ELECTRONIC SUMMONS ISSUED as to Equifax Information Services, LLC. (vf) [Transferred from nysd on 8/16/2022.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Discover Bank. (vf) [Transferred from nysd on 8/16/2022.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(vf) [Transferred from nysd on 8/16/2022.] |
| 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. (vf) [Transferred from nysd on 8/16/2022.] |
| Case Designated ECF. (vf) [Transferred from nysd on 8/16/2022.] |
| Filing 6 NOTICE OF APPEARANCE by Craig B. Sanders on behalf of Tanner Owens..(Sanders, Craig) [Transferred from nysd on 8/16/2022.] |
| Filing 5 NOTICE OF APPEARANCE by Alain Cesar on behalf of Tanner Owens..(Cesar, Alain) [Transferred from nysd on 8/16/2022.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Equifax Information Services, LLC, re: #1 Complaint. Document filed by Tanner Owens..(Richards, Nicola) [Transferred from nysd on 8/16/2022.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Discover Bank, re: #1 Complaint. Document filed by Tanner Owens..(Richards, Nicola) [Transferred from nysd on 8/16/2022.] |
| Filing 2 CIVIL COVER SHEET filed..(Richards, Nicola) [Transferred from nysd on 8/16/2022.] |
| Filing 1 COMPLAINT against Discover Bank, Equifax Information Services, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26455118)Document filed by Tanner Owens..(Richards, Nicola) [Transferred from nysd on 8/16/2022.] |
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