Trickett et al v. Capital One Bank USA, N.A.
Plaintiff: Steven Trickett and Kimberly Trickett
Defendant: Capital One Bank USA, N.A.
Case Number: 1:2021cv00077
Filed: June 15, 2021
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Irene M Keeley
Nature of Suit: Consumer Credit
Cause of Action: 26 U.S.C. § 7431 Wrongful Disclosure of Tax Return Information
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 2, 2022 Opinion or Order Filing 27 ORDER OF DISMISSAL WITH PREJUDICE. Signed by Senior Judge Irene M. Keeley on 2/2/22. (jss)
February 1, 2022 Filing 26 Proposed Order of Dismissal With Prejudice by Kimberly Trickett, Steven Trickett. (Sheridan, Benjamin)
January 12, 2022 Opinion or Order Filing 25 ORDER DIRECTING COUNSEL TO SUBMIT DISMISSAL ORDER. Signed by Senior Judge Irene M. Keeley on 1/12/22. (jss)
January 11, 2022 Filing 24 *SEALED* REPORT of Mediator(jss)
November 29, 2021 Opinion or Order Filing 23 ORDER SCHEDULING MEDIATION:It is ORDERED that this civil action is SCHEDULED for Mediation on 1/11/2022 at 9:00 AM via Zoom. Signed by Magistrate Judge Michael John Aloi on 11/29/2021. (cnd)
November 16, 2021 Opinion or Order Filing 22 ORDER REFERRING MEDIATION TO MAGISTRATE JUDGE: CASE to Magistrate Judge Michael John Aloi Signed by Senior Judge Irene M. Keeley on 11/16/21. (jss)
November 8, 2021 Filing 21 RESPONSE in Support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Capital One Bank USA, N.A.. (Thomas, Elizabeth)
October 25, 2021 Filing 20 Memorandum in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kimberly Trickett, Steven Trickett. (Sheridan, Benjamin)
October 25, 2021 Opinion or Order Filing 19 SCHEDULING ORDER: Discovery due by 5/27/2022. Motions due by 6/27/2022. Proposed Pretrial Order due by 11/10/2022. Final Pretrial Conference/Settlement Conference set for 11/21/2022 10:00 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh. Jury Selection and Jury Trial set for 12/5/2022 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh. Signed by Senior Judge Irene M. Keeley on 10/25/2021. (cnd)
October 14, 2021 Filing 18 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Senior Judge Irene M. Keeley. Scheduling Conference held on 10/14/2021. (Court Reporter Cindy Knecht) (dk)
October 13, 2021 Filing 17 STATUS REPORT by Capital One Bank USA, N.A.. (Thomas, Elizabeth)
October 4, 2021 Filing 16 STIPULATION re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Extending Time to Respond by Kimberly Trickett. (Nolan, Jed)
September 27, 2021 Filing 15 Memorandum in Support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Capital One Bank USA, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Thomas, Elizabeth)
September 27, 2021 Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Capital One Bank USA, N.A.. (Attachments: #1 Proposed Order)(Thomas, Elizabeth)
September 20, 2021 Filing 13 CERTIFICATE OF SERVICE by Kimberly Trickett re Initial Disclosures. (Nolan, Jed)
September 20, 2021 Filing 12 CERTIFICATE OF SERVICE by Capital One Bank USA, N.A. re Initial Disclosures. (Thomas, Elizabeth)
September 16, 2021 Opinion or Order Filing 11 SECOND ORDER RESCHEDULING SCHEDULING CONFERENCE: The Court RESCHEDULES the scheduling conference in this case to October 14, 2021, at 3:30 p.m. Signed by Senior Judge Irene M. Keeley on 9/16/21. (jss)
September 16, 2021 Filing 10 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Senior Judge Irene M. Keeley. Status Conference held on 9/16/2021. (Court Reporter Jenny Kirkbride) (dk)
September 15, 2021 Filing 9 STIPULATION re #1 Complaint to Extend Time to Respond by Capital One Bank USA, N.A.. (Thomas, Elizabeth)
September 10, 2021 Opinion or Order Filing 8 ORDER RESCHEDULING SCHEDULING CONFERENCE: The scheduling conference,currently scheduled for September 13, 2021, is RESCHEDULED to September 16, 2021, at 10:30 a.m., by telephone. Signed by Senior Judge Irene M. Keeley on 9/10/21. (jss)
August 30, 2021 Filing 7 REPORT of Rule 26(f) Planning Meeting. (Sheridan, Benjamin)
August 19, 2021 Filing 6 STIPULATION re #1 Complaint, #5 Stipulation to Extend Time to Respond to Complaint by Capital One Bank USA, N.A.. (Thomas, Elizabeth)
July 15, 2021 Filing 5 STIPULATION re #1 Complaint to Extend Time to Respond by Capital One Bank USA, N.A.. (Thomas, Elizabeth)
July 11, 2021 IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Preparing for NextGen CM/ECF is a two-step process. Step One was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-filing account in the new NextGen CM/ECF system on or after July 19, 2021. Instructions for linking your account can be found #here. PLEASE NOTE: The WVND CM/ECF system will be unavailable from 1:00 pm on Friday July 16, 2021 until 8:00 am Monday, July 19, 2021. An extension for electronic filing will be granted for all documents with court-imposed deadlines falling between 1:00 pm on Friday, July 16, 2021, and midnight on Sunday, July 18, 2021. All documents due during that period must be filed prior to 1:00 pm Friday, July 16, 2021, or on Monday, July 19, 2021. If you have any additional questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI)
July 6, 2021 Opinion or Order Filing 4 ORDER -- FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 8/16/2021. Rule 26 Meeting Report due by 8/30/2021. Scheduling Conference set for 9/13/2021 at 01:30 PM in Judge Keeley Chambers before Senior Judge Irene M. Keeley. Discovery due by 9/20/2021. Signed by Senior Judge Irene M. Keeley on 7/6/21. (jss)
July 6, 2021 Filing 3 SUMMONS Returned Executed as to Capital One Bank USA, N.A. service accepted by SOS on 6/30/2021. (jss)
June 19, 2021 IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM?ECF system to Next Generation of CM/ECF (NextGen CM/ECF) on Monday, July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here. Preparing for NextGen Cm/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have thei r own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-fling account in the new NextGen CM/ECF system on or after July 19, 2021. Please log in to the WVND CM/ECF system at https://ecf.wvnd.uscourts.gov/ before July 19, 2021 to make sure you know your current WVND e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVND Clerks CM/ECF Office Help Desk at (304) 267-5682. (cmd) (ADI)
June 15, 2021 Filing 1 COMPLAINT against Capital One Bank USA, N.A. filed by Steven Trickett and Kimberly Trickett. Filing Fee $402. Receipt #0424-3275456 (Attachments: #1 Civil Cover Sheet)(jss)

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Plaintiff: Steven Trickett
Represented By: Jed R. Nolan
Represented By: Benjamin Matthew Sheridan
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Plaintiff: Kimberly Trickett
Represented By: Jed R. Nolan
Represented By: Benjamin Matthew Sheridan
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Defendant: Capital One Bank USA, N.A.
Represented By: Elizabeth M. Thomas
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