Schindler, June v. Best Egg, Inc. et al
| June Schindler |
| Best Egg, Inc., Lending Club Bank, Upgrade, Inc. and Upstart Network, Inc. |
| 3:2024cv00008 |
| January 8, 2024 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Both |
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This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.
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Filing 30
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Amendments to Pleadings due 4/19/2024. Dispositive Motions due 2/14/2025. Settlement Letters due 5/30/2025. Rule 26(a)(3) Disclosures and Motions in Limine due 6/6/2025. Responses due 6/20/2025. Final Pretrial Conference set for 7/2/2025 at 02:30 PM. Second Final Pretrial Conference set for 7/9/2025 at 02:30 PM. Jury Selection and Trial set for 7/14/2025 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 3/5/2024. (voc)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 3/5/2024 [:10] (cak) |
| Filing 29 Brief in Opposition by Plaintiff June Schindler re: #19 Motion to Dismiss/Lack of Jurisdiction filed by Best Egg, Inc. (Crandall, Eric) |
| Filing 28 Declaration of June Schindler filed by Plaintiff June Schindler re: #19 Motion to Dismiss/Lack of Jurisdiction (Attachments: #1 Exhibit A - Letter dated 11/1/2023) (Crandall, Eric) Modified on 2/29/2024: Added exhibit description. E-mail sent to counsel on entry #27 . (lak) |
| Filing 27 Second Declaration of Eric L. Crandall filed by Plaintiff June Schindler re: #19 Motion to Dismiss/Lack of Jurisdiction (Attachments: #1 Exhibit A - Summary of License Issued to Best Egg, Inc. on 10/6/2023) (Crandall, Eric) Modified on 2/29/2024: Added exhibit description. E-mail sent to counsel. Disregard future entries. (lak) |
| Filing 26 Report of Rule 26(f) Planning Meeting (Crandall, Eric) |
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Filing 25
** TEXT ONLY ORDER **ORDER accepting #24 Stipulation for extension of briefing order re Best Egg's motion to dismiss, extensions granted. Signed by Magistrate Judge Stephen L. Crocker on 2/22/2024. (rks)
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| Filing 24 stipulation for extension of briefing order re Best Egg's motion to dismiss by Plaintiff June Schindler. (Crandall, Eric) |
| Filing 23 Brief in Reply by Defendant Upgrade, Inc. in Support of #15 Motion to Dismiss/Lack of Jurisdiction (Saldanha Olson, Katherine M.) |
| Filing 22 Brief in Opposition by Plaintiff June Schindler re: #15 Motion to Dismiss/Lack of Jurisdiction filed by Upgrade, Inc. (Crandall, Eric) |
| Filing 21 Declaration of Eric L. Crandall filed by Plaintiff June Schindler re: #15 Motion to Dismiss/Lack of Jurisdiction (Attachments: #1 Exhibit Ex. A - Cert. of Authority issued by Wis. DFI to Upgrade on Feb. 2, 2017, #2 Exhibit Ex. B - Cert. of Authority issued by Wis. DFI to Upgrade on Dec. 28, 2022, #3 Exhibit Ex. C - copy of court docket - downloaded Feb. 8, 2024, Schindler v. Upgrade, 2023-SC-314 (Chippewa Co., WI)) (Crandall, Eric) |
| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 3/5/2024 at 02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (voc) |
| Filing 20 Declaration of Alessandro Rhodes filed by Defendant Best Egg, Inc. re: #19 Motion to Dismiss/Lack of Jurisdiction (Kashcheyeva, Irina) |
| Filing 19 MOTION TO DISMISS for Lack of Jurisdiction by Defendant Best Egg, Inc.. Brief in Opposition due 2/23/2024. Brief in Reply due 3/4/2024. (Kashcheyeva, Irina) |
| Filing 18 Notice of Appearance filed by Irina Kashcheyeva for Defendant Best Egg, Inc.. (Kashcheyeva, Irina) |
| Filing 17 ANSWER by Defendant Upstart Network, Inc.. (Liu, Ke) |
| Filing 16 Declaration of Michael Young filed by Defendant Upgrade, Inc. re: #15 Motion to Dismiss/Lack of Jurisdiction (Saldanha Olson, Katherine M.) |
| Filing 15 MOTION TO DISMISS for Lack of Jurisdiction (Personal) by Defendant Upgrade, Inc.. Brief in Opposition due 2/8/2024. Brief in Reply due 2/20/2024. (Saldanha Olson, Katherine M.) |
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Filing 14
** TEXT ONLY ORDER ** Plaintiff moves for leave to amend her complaint to dismiss defendant Lending Club Bank because she has settled her claims with that defendant. Dkt. #10 . The motion is GRANTED, and Lending Club Bank is DISMISSED with prejudice. Plaintiff need not file an amended complaint. Signed by District Judge James D. Peterson on 1/10/2024. (voc)
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Filing 13
** TEXT ONLY ORDER **ORDER accepting #12 Stipulation for Extension of Time to Respond to Complaint by Defendant Upstart Network, Inc. Signed by Magistrate Judge Stephen L. Crocker on 1/10/2024. (voc)
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| Filing 12 Stipulation for Extension of Time to Respond to Complaint by Defendant Upstart Network, Inc.. (Liu, Ke) |
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Filing 11
** TEXT ONLY ORDER **ORDER accepting #9 Stipulation for Extension of Time to Answer or Otherwise Respond to the Complaint by Defendant Best Egg, Inc . Signed by Magistrate Judge Stephen L. Crocker on 1/10/2024. (voc)
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| Filing 10 Unopposed Motion to Amend #1 Notice of Removal, motion to amend complaint to dismiss Lending Club Bank as a party, by Plaintiff June Schindler. Brief in Opposition due 1/24/2024. Brief in Reply due 1/31/2024. (Crandall, Eric) |
| Set/Reset Answer Deadline: Best Egg, Inc. answer due 2/2/2024. (voc) |
| Set/Reset Answer Deadline: Upstart Network, Inc. answer due 2/2/2024. (voc) |
| Filing 9 Stipulation for Extension of Time to Answer or Otherwise Respond to the Complaint by Defendant Best Egg, Inc.. (Mette, Bryan) |
| Filing 8 Corporate Disclosure Statement by Defendant Best Egg, Inc.. (Mette, Bryan) |
| Filing 7 Notice of Appearance filed by Bryan Theron Mette for Defendant Best Egg, Inc.. (Mette, Bryan) |
| Filing 6 Corporate Disclosure Statement by Defendant Upstart Network, Inc.. (Liu, Ke) |
| Filing 5 Notice of Appearance filed by Ke Liu for Defendant Upstart Network, Inc.. (Liu, Ke) |
| Filing 4 Notice of Appearance filed by James J. Morrissey for Defendant Upstart Network, Inc.. (Morrissey, James) |
| Filing 3 Notice of Appearance filed by Katherine M. Saldanha Olson for Defendant Upgrade, Inc.. (Saldanha Olson, Katherine M.) |
| Filing 2 Corporate Disclosure Statement by Defendant Upgrade, Inc.. (Strickler, Nicole) |
| Filing 1 JOINT NOTICE OF REMOVAL from Chippewa County Circuit Court, case number 2023CV000314. ( Filing fee $ 405 receipt number AWIWDC-3359005), filed by Upgrade, Inc. (Attachments: #1 Exhibit A - State Court Record, #2 JS-44 Civil Cover Sheet) (Strickler, Nicole) Modified on 1/8/2024. (lak) |
| Case directly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. Previous cases: 20-cv-7, 21-cv-431, 21-cv-434, 23-cv-14. (lak) |
| Standard attachments for Judge James D. Peterson: # NORTC, #Corporate Disclosure Statement. (lak) |
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