Barnette v. Trans Union, LLC et al
| Jason Barnette |
| First Premier Bank, Inc., Portfolio Recovery Associates, LLC, TD Bank USA, NA, LVNV Funding, LLC, Trans Union, LLC and Associated Radiologists, Inc. |
| 2:2024cv00367 |
| July 24, 2024 |
| US District Court for the Southern District of West Virginia |
| Thomas E Johnston |
| Dwane L Tinsley |
| 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, 2024. A more recent docket listing may be available from PACER.
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Filing 39
ORDER directing that Plaintiff's pending #24 MOTION to Dismiss Comenity Bank With Prejudice is hereby CONVERTED to a Notice of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i); that neither the instant Order, nor Plaintiff's Notice of Dismissal, shall have any effect upon Plaintiff's claims against the remaining six herein named Defendants; and directing the Clerk to modify the record such that Plaintiff's #24 Motion to Dismiss Defendant Comenity Bank With Prejudice is listed therein as a Notice of Dismissal under Rule 41(a)(1)(A), and to terminate Comenity from the record pursuant thereto, effective as of September 9, 2024. Signed by Magistrate Judge Dwane L. Tinsley on 9/19/2024. (cc: counsel of record; any unrepresented party) (msa)
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| Filing 38 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant TD Bank USA, NA (Kluemper, Tai) |
| Filing 37 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant LVNV Funding, LLC (Mooney, Nicholas) |
| Filing 36 AMENDED CERTIFICATE OF SERVICE by LVNV Funding, LLC for Motion to Dismiss and Memorandum of Law in Support. (Mooney, Nicholas) |
| Filing 35 STATEMENT OF VISITING ATTORNEY from Ian N. Fuqua on behalf of Trans Union, LLC. Local counsel: Peter J. Raupp. Fee $50.00. Receipt # AWVSDC-8733150. (Raupp, Peter) |
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Filing 34
ORDER directing Plaintiff's #26 MOTION to File Pleadings Via CM/ECF is GRANTED and Plaintiff shall be permitted to use this Court's CM/ECF system for filing and notification of filings in this civil action; further directing that any login and password issued to Plaintiff for such purpose is temporary, for use in this case only, and will be terminated at the conclusion of this matter; directing Plaintiff to satisfy the training requirements in the Administrative Procedures for Electronic Case Filing for the United States District Court for the Southern District of West Virginia, to the extent he has not already done so prior to being permitted to use this Court's CM/ECF system; directing Plaintiff to contact Lynn Cooper for further instructions, as more fully set forth herein; notifying Plaintiff of his continuing obligation to advise the Clerk promptly of any changes to his name, address, and phone number. Signed by Magistrate Judge Dwane L. Tinsley on 9/16/2024. (cc: counsel of record; any unrepresented party) (skm)
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| Filing 33 JOINDER by TD Bank USA, NA in #18 MOTION by First Premier Bank, Inc. to Dismiss #2 Complaint. Motion referred to Magistrate Judge Dwane L. Tinsley. (Kluemper, Tai) (Modified on 9/17/2024 to remove link to #19 memorandum) (kew). |
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Filing 32
ORDER AND NOTICE directing Plaintiff to file any response(s) to Defendant First Premier Bank, Inc.'s #18 MOTION to Dismiss #2 Complaint, Defendant Trans Union, LLC's #22 MOTION to Dismiss #2 Complaint, and Defendant LVNV Funding, LLC's #29 MOTION to Dismiss #2 Complaint by 4:00 PM on 10/21/2024 and Defendants to file any replies by 4:00 PM on 11/4/2024; notifying Plaintiff that, absent a showing of good cause, failure to timely respond to the pending motions as set forth above WILL be construed as an abandonment of his claims and result in the undersigned's recommendation to the presiding District Judge that this action be dismissed; further notifying Plaintiff that his pro-se status does not alter application of the Federal Rules of Civil Procedure or this Court's Local Rules of Civil Procedure to his filings; notifying parties that any request(s) for extension of the deadlines set forth in the above briefing schedule must be requested via written motion, in advance of the deadline the party seeks to extend. Signed by Magistrate Judge Dwane L. Tinsley on 9/16/2024. (cc: counsel of record; any unrepresented party) (skm)
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| NOTICE OF DOCKET CORRECTION re: #29 MOTION by LVNV Funding, LLC to Dismiss #2 Complaint. ERROR: Memorandum in support attached to motion. CORRECTION: Memorandum removed and filed at entry #31. (kew) |
| Filing 31 MEMORANDUM OF LAW by LVNV Funding, LLC in support of #29 MOTION by LVNV Funding, LLC to Dismiss #2 Complaint. (kew) |
| Filing 30 STIPULATION re: extension of time to respond to #2 Complaint to 10/11/2024 by Portfolio Recovery Associates, LLC, Jason Barnette. (Ward, Matthew) (Modified on 9/16/2024 to add link to #2 complaint and to add party filer) (kew). |
| Filing 29 MOTION by LVNV Funding, LLC to Dismiss #2 Complaint. (Attachment: #2 Proposed Order) Motion referred to Magistrate Judge Dwane L. Tinsley. (Mooney, Nicholas) (Modified on 9/16/2024 to remove memorandum in support and file at entry #31) (kew). |
| Filing 28 NOTICE OF APPEARANCE by Tai Shadrick Kluemper on behalf of TD Bank USA, NA. (Kluemper, Tai) |
| Filing 27 MEMORANDUM by Jason Barnette in support of #26 MOTION to File Pleadings Via CM/ECF by Jason Barnette. (lca) |
| Filing 26 MOTION by Jason Barnette to File Pleadings Via CM/ECF. Motion referred to Magistrate Judge Dwane L. Tinsley. (lca) |
| Filing 25 STIPULATION FOR EXTENSION OF TIME TO FILE OPPOSITION TO #18 MOTION by First Premier Bank, Inc. to Dismiss #2 Complaint by Jason Barnette, First Premier Bank, Inc. (kew) |
| Filing 24 NOTICE of Dismissal as to Comenity Bank pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) by Jason Barnette re: #2 Complaint. Motion referred to Magistrate Judge Dwane L. Tinsley. (kew) (Modified on 9/11/2024 to add link to #2 complaint) (ts). (Modified on 9/19/2024 to convert Motion to Notice of Dismissal pursuant to #39 Order) (msa). |
| Filing 23 MEMORANDUM OF LAW by Trans Union, LLC in support of #22 MOTION by Trans Union, LLC to Dismiss #2 Complaint. (Raupp, Peter) |
| Filing 22 MOTION by Trans Union, LLC to Dismiss #2 Complaint. Motion referred to Magistrate Judge Dwane L. Tinsley. (Raupp, Peter) (Modified on 9/3/2024 to add link to #2 complaint) (kew). |
| Filing 21 STATEMENT OF VISITING ATTORNEY from Emily Stultz on behalf of Trans Union, LLC. Local counsel: Peter J. Raupp. Fee $50.00. Receipt # AWVSDC-8715246. (Raupp, Peter) |
| Filing 20 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant First Premier Bank, Inc. (Kenney, Jonathan) |
| Filing 19 MEMORANDUM by First Premier Bank, Inc. in support of #18 MOTION by First Premier Bank, Inc. to Dismiss #2 Complaint. (Kenney, Jonathan) |
| Filing 18 MOTION by First Premier Bank, Inc. to Dismiss #2 Complaint. Motion referred to Magistrate Judge Dwane L. Tinsley. (Kenney, Jonathan) |
| Filing 17 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Trans Union, LLC (Raupp, Peter) |
| Filing 16 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT TRANS UNION TO RESPOND TO #2 COMPLAINT to 9/9/2024 by Trans Union, LLC, Jason Barnette. (Raupp, Peter) (Modified on 8/19/2024 to add link to #2 complaint and to add party filer) (kew). |
| Filing 15 STIPULATION EXTENDING TIME FOR DEFENDANT LVNV FUNDING, LLC, TO RESPOND TO #2 COMPLAINT to 9/16/2024 by LVNV Funding, LLC, Jason Barnette. (Mooney, Nicholas) (Modified on 8/15/2024 to add link to #2 complaint and to add party filer) (kew). |
| Filing 14 STIPULATION FOR EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING re: #2 Complaint to 9/16/2024 by TD Bank USA, NA, Jason Barnette. (Kluemper, Tai) (Modified on 8/15/2024 to add party filer) (kew). |
| Filing 13 SUMMONS RETURNED UNEXECUTED BY CERTIFIED MAIL for Associated Radiologists, Inc. re: #6 Summons Issued. Date Returned Unexecuted: 8/8/2024. (kew) |
| Filing 12 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for First Premier Bank, Inc., re: #2 Complaint. First Premier Bank, Inc. served on 7/29/2024, answer due 8/19/2024. (jsa) |
| Filing 11 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for TD Bank USA, NA, re: #2 Complaint. TD Bank USA, NA served on 7/27/2024, answer due 8/19/2024. (jsa) |
| Filing 10 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Comenity Bank, re: #2 Complaint. Comenity Bank served on 7/26/2024, answer due 8/16/2024. (jsa) |
| Filing 9 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Portfolio Recovery Associates, LLC, re: #2 Complaint. Portfolio Recovery Associates, LLC served on 7/26/2024, answer due 8/16/2024. (jsa) |
| Filing 8 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for LVNV Funding, LLC, re: #2 Complaint. LVNV Funding, LLC served on 7/26/2024, answer due 8/16/2024. (jsa) |
| Filing 7 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Trans Union, LLC, re: #2 Complaint. Trans Union, LLC served on 7/26/2024, answer due 8/16/2024. (jsa) |
| Filing 6 SUMMONS ISSUED by the Clerk on behalf of Jason Barnette for Associated Radiologists, Inc., Comenity Bank, First Premier Bank, Inc., LVNV Funding, LLC, Portfolio Recovery Associates, LLC, TD Bank USA, NA, Trans Union, LLC, re: #2 Complaint, returnable 21 days. Sent via certified mail. (Attachments: #1 certified mail receipt as to Trans Union, LLC, #2 summons as to LVNV Funding, LLC, #3 certified mail receipt as to LVNV Funding, LLC, #4 summons as to Portfolio Recovery Associates, LLC, #5 certified mail receipt as to Portfolio Recovery Associates, LLC, #6 summons as to Associated Radiologists, Inc., #7 certified mail receipt as toAssociated Radiologists, Inc., #8 summons as to First Premier Bank, Inc., #9 certified mail receipt as to First Premier Bank, Inc., #10 summons as to Comenity Bank, #11 certified mail receipt as to Comenity Bank, #12 summons as to TD Bank USA, NA, #13 certified mail receipt as to TD Bank USA, NA) (jsa) |
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Filing 5
ORDER AND NOTICE granting Plaintiff's #1 APPLICATION to Proceed Without Prepayment of Fees or Costs; directing the Clerk of Court to issue a summons for each of the named defendants and that the issued summonses, along with a copy of the Complaint, shall be served upon the named defendants by certified mail; further directing that the period for service of these summonses under Rule 4(m) of the Federal Rules of Civil Procedure shall run from the date of entry of this Order and Notice and, if service is not perfected within that period, Plaintiff is hereby NOTIFIED that the undersigned will recommend dismissal of any defendant not served by that date. Signed by Magistrate Judge Dwane L. Tinsley on 7/24/2024. (cc: Plaintiff) (jsa)
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| Filing 4 CLERK'S ORDER. For reasons appearing to the court, this action is reassigned from Senior Judge John T. Copenhaver, Jr. to Judge Thomas E. Johnston. Signed by Clerk of Court Rory L. Perry II on 7/23/2024. (cc: Judge Copenhaver; Judge Johnston; counsel of record; any unrepresented party) (klc) |
| Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. (cc: counsel of record and any pro se party) (klc) |
| NOTICE OF DOCKET CORRECTION. ERROR: Pro Se Plaintiff's email incorrectly added to the docket sheet during case opening. CORRECTION: Email address removed. (klc) |
| CASE assigned to Senior Judge John T. Copenhaver, Jr. (klc) |
| Filing 2 COMPLAINT. (Attachments: #1 Proposed Summons as to Trans Union LLC, #2 Proposed Summons as to LVNV Funding, LLC, #3 Proposed Summons as to Portfolio Recovery Associates, LLC, #4 Proposed Summons as to Associated Radiologists, Inc., #5 Proposed Summons as to First Premier Bank, Inc., #6 Proposed Summons as to Comenity Bank, #7 Proposed Summons as to TD Bank USA, NA, #8 Civil Cover Sheet) (mfo) |
| Filing 1 APPLICATION by Jason Barnette to Proceed without Prepayment of Fees and Costs. (mfo) |
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