Wyatt v. A & B Sales, Inc. et al
| Joseph M. Wyatt |
| A & B Sales, Inc. doing business as DLRMKT A B KIA, Capital One Auto Finance, Inc., Flagship Credit Acceptance LLC, Regional Acceptance Corporation, Ally Financial, Inc., Exeter Finance LLC, Americredit Financial Services, Inc., Global Lending Services LLC, Santander Consumer USA, Inc., Experian Information Solutions, Inc., Equifax Information Services, LLC and Trans Union, LLC |
| 5:2023cv00303 |
| September 22, 2023 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 54 CERTIFICATE OF SERVICE by Capital One Auto Finance, Inc. Certificate of Service for Rule 26(a)(1) Disclosures. (Bandy, Robert) |
| Filing 53 CERTIFICATE OF SERVICE by Exeter Finance LLC Rule 26(a)(1) Disclosures. (Jacobs, Bruce) |
| Filing 52 CERTIFICATE OF SERVICE by A & B Sales, Inc. . (Craycraft, P) |
| Filing 51 CERTIFICATE OF SERVICE by Flagship Credit Acceptance LLC for its Rule 26(a)(1) Disclosures. (Anderson, Jonathan) |
| Filing 50 CERTIFICATE OF SERVICE by Santander Consumer USA, Inc. . (Burns, James) |
| Filing 49 CERTIFICATE OF SERVICE by Regional Acceptance Corporation for its Rule 26(a)(1) Disclosures. (Anderson, Jonathan) |
| Filing 48 CERTIFICATE OF SERVICE by Experian Information Solutions, Inc. for Its Rule 26(a)(1) Initial Disclosures. (Odell, Ashley) |
| Filing 47 CERTIFICATE OF SERVICE by Joseph M. Wyatt Rule 26(a)(1) Initial Disclosures (Causey, Jason) |
| Filing 46 ANSWER to #40 Amended Complaint by Ally Financial, Inc..(Manning, Jason) |
| Filing 45 STIPULATION re #40 Amended Complaint Extending Time for Defendants to Respond by Flagship Credit Acceptance LLC, Regional Acceptance Corporation. (Anderson, Jonathan) |
| Filing 44 RESPONSE by Exeter Finance LLC to #42 Report of Rule 26(f) Planning Meeting. (Jacobs, Bruce) |
Filing 43
SCHEDULING ORDER: Joinder & Amendments due by 1/8/2024; Discovery Completion due by 6/28/2024; Motion Practice/Dispositive Motions due by 7/26/2024; Responses due by 8/9/2024; Replies due by 8/16/2024; Joint Pretrial Order due by 10/17/2024; Final Pretrial Conference set for 11/7/2024 2:00 PM in Wheeling, WV; Jury Selection/Jury Trial set for 11/19/2024 9:00 AM in Wheeling, WV. Signed by District Judge John Preston Bailey on 11/7/2023. (ag)
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| Filing 42 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Attachment S.O. Worksheet)(Odell, Ashley) |
| Filing 41 NOTICE of Appearance by Robert L. Bandy on behalf of Capital One Auto Finance, Inc. (Bandy, Robert) |
| Filing 40 AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Joseph M. Wyatt.(Causey, Jason) |
| Filing 39 NOTICE of Settlement Notice of Partial Settlement by Joseph M. Wyatt (Causey, Jason) |
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Filing 38
ORDER granting #37 Motion to Amend/Correct; denying as moot #15 Motion to Dismiss; denying as moot #21 Motion to Dismiss for failure to State a Claim; Plaintiff is DIRECTED to file his Amended Complaint on or before 10/27/2023. Signed by District Judge John Preston Bailey on 10/20/2023. (ag)
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| Filing 37 Consent MOTION to Amend/Correct Complaint by Joseph M. Wyatt. (Causey, Jason) |
| Filing 36 Corporate Disclosure Statement by A & B Sales, Inc.. (Craycraft, P) (Main Document 36 replaced on 10/19/2023 WITH FLATTENED PDF, NEF REGENERATED) (ag). |
| Filing 35 NOTICE of Appearance by P Joseph Craycraft on behalf of A & B Sales, Inc. (Craycraft, P) |
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Filing 34
ORDER granting #32 Motion for Extension of Time to File Response as to #15 MOTION to Dismiss, Responses due by 10/19/2023; granting #33 Motion for Extension of Time to File Response as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, Responses due by 10/20/2023. Signed by District Judge John Preston Bailey on 10/10/2023. (ag)
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| Filing 33 Consent MOTION for Extension of Time to File Response/Reply as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joseph M. Wyatt. (Causey, Jason) |
| Filing 32 Consent MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss by Joseph M. Wyatt. (Causey, Jason) |
| Filing 31 NOTICE of Appearance by Jacob A. Manning on behalf of Americredit Financial Services, Inc. (Manning, Jacob) |
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Filing 30
ORDER granting #27 Motion for Extension of Time to Answer ; Exeter Finance LLC answer due 11/15/2023. Signed by District Judge John Preston Bailey on 10/2/2023. (ag)
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| Filing 29 Corporate Disclosure Statement by Flagship Credit Acceptance LLC. (Anderson, Jonathan) |
| Filing 28 Corporate Disclosure Statement by Exeter Finance LLC. (Jacobs, Bruce) |
| Filing 27 STIPULATION Extending Time to Respond to Amended Complaint by Exeter Finance LLC. (Jacobs, Bruce) Modified on 10/2/2023 to event motion for extension of time to file answer so it shows pending on docket(ag). |
| Filing 26 NOTICE of Appearance by Bruce M. Jacobs on behalf of Exeter Finance LLC (Jacobs, Bruce) |
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Filing 25
ORDER granting #24 Motion for Extension of Time to Answer; Trans Union, LLC answer due 9/15/2023. Signed by District Judge John Preston Bailey on 9/29/2023. (ag)
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| Filing 24 MOTION for Extension of Time to File Answer for TransUnion by Joseph M. Wyatt. (Causey, Jason) |
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Filing 23
ORDER granting #14 Motion for Extension of Time to Answer; Global Lending Services LLC answer due 11/15/2023. Signed by District Judge John Preston Bailey on 9/29/2023. (ag)
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| Filing 22 Memorandum in Support re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Flagship Credit Acceptance LLC, Regional Acceptance Corporation. (Anderson, Jonathan) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Flagship Credit Acceptance LLC, Regional Acceptance Corporation. (Anderson, Jonathan) |
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Filing 20
ORDER granting #12 MOTION for Leave to Appear Pro Hac Vice of Stephen C. Scott. Signed by District Judge John Preston Bailey on 9/28/2023. (ag)
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Filing 19
ORDER granting #9 Motion for Extension of Time to Answer; Experian Information Solutions, Inc. answer due 11/15/2023. Signed by District Judge John Preston Bailey on 9/28/2023. (ag)
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| Filing 18 Corporate Disclosure Statement by Santander Consumer USA, Inc.. (Patterson, Matthew) |
| Filing 17 ANSWER to Complaint by Santander Consumer USA, Inc..(Patterson, Matthew) |
| Filing 16 MEMORANDUM of Law in Support by Santander Consumer USA, Inc. re #15 MOTION to Dismiss . (Patterson, Matthew) |
| Filing 15 MOTION to Dismiss by Santander Consumer USA, Inc.. (Attachments: #1 Exhibit Unpublished Case Law)(Patterson, Matthew) |
| Filing 14 STIPULATION Extending Time Period for Global Lending Services LLC to Answer or Otherwise Respond to the Complaint by Global Lending Services LLC. (Turnbull, Kyle) Modified event type to show as pending motion on 9/28/2023 (ag). |
| Filing 13 PHV Filing fee for Stephen C. Scott: $ 200.00, receipt number 500003384 (ag) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice of Stephen C. Scott by Experian Information Solutions, Inc.. (Attachments: #1 Proposed Order)(Odell, Ashley) |
| Filing 11 NOTICE of Appearance by Michael Clarke Cardi on behalf of Experian Information Solutions, Inc. (Cardi, Michael) (Main Document 11 replaced on 9/27/2023 to attach non-fillable pdf doc) (nmm). |
| Filing 10 NOTICE of Appearance by Ashley Hardesty Odell on behalf of Experian Information Solutions, Inc. (Odell, Ashley) (Main Document 10 replaced on 9/27/2023 to attach non-fillable pdf doc) (nmm). |
| Filing 9 STIPULATION to Extend Time for Experian to Respond to Amended Complaint by Experian Information Solutions, Inc.. (Odell, Ashley) Modified event type to appear as pending motion on 9/27/2023 (nmm). |
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Filing 8
ORDER: the #6 Stipulation to Extend Defendant Equifax Information Services LLC's Time to Answer or Otherwise Respond to Plaintiff's Complaint be granted, and that Defendant Equifax Information Services LLC shall have up to and including November 13, 2023 to respond to Plaintiff's Complaint. Signed by District Judge John Preston Bailey on 9/27/2023. (nmm)
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| Filing 7 Corporate Disclosure Statement by Regional Acceptance Corporation identifying Corporate Parent Truist Financial Corporation for Regional Acceptance Corporation.. (Anderson, Jonathan) |
| Filing 6 STIPULATION to Extend Time to Answer or Respond to Plaintiff's Complaint by Equifax Information Services, LLC. (Attachments: #1 Proposed Order)(Roskovensky, Vincent) Modified event type to appear as a pending motion on 9/26/2023 (nmm). |
| Filing 5 Corporate Disclosure Statement by Equifax Information Services, LLC identifying Corporate Parent Equifax, Inc. for Equifax Information Services, LLC.. (Roskovensky, Vincent) |
| Filing 4 NOTICE of Appearance by Vincent M. Roskovensky on behalf of Equifax Information Services, LLC (Roskovensky, Vincent) |
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Filing 3
FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING CONFERENCE: ***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 10/20/2023; Rule 26 Meeting Report due by 11/3/2023; Discovery due by 11/17/2023. Signed by District Judge John Preston Bailey on 9/22/2023. (ag)
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| Filing 2 Filing fee: $ 402.00, receipt number 500003380 (ag) |
| Filing 1 NOTICE OF REMOVAL with State Court Papers from Circuit Court of Marshall County West Virginia, (case number 23-C-44), filed by Regional Acceptance Corporation. (Attachments: #1 Exhibit A- State Court Documents, #2 Exhibit B- Consent to Removal, #3 Civil Cover Sheet)(ag) |
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