| Court: | cand |
| Docket #: | 3:15-cv-03645 |
| Case Name: | Mestayer v. Experian Information Solutions, Inc et al |
| PACER case #: | 290153 |
| Date filed: | 2015-08-10 |
| Date terminated: | 2016-12-12 |
| Assigned to: | Edward M. Chen |
| Case Cause: | 15:1681 Fair Credit Reporting Act |
| Nature of Suit: | 890 Other Statutory Actions |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Gloria A. Mestayer Plaintiff |
Clark Ovruchesky |
| Experian Information Solutions, Inc Defendant TERMINATED: 06/20/2016 |
Michael A. Deshong |
| Capital One Bank (USA), N.A. Defendant |
Hunter Randolph Eley Amy Irene Borlund Chelsea Lynn Diaz Johari Nailah Townes |
| Nordstrom, Inc. Defendant TERMINATED: 11/12/2015 |
Paul Caleo Katrina Acosta Romero |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-08-10 | 1 | 0 | COMPLAINT (with jury demand) against All Defendants (Filing fee $400, receipt number 0971-9745328). Filed by Experian Information Solutions, Inc, Nordstrom, Inc., Capital One Bank (USA), N.A. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Summons Experian, # 3 Summons Capital One, # 4 Summons Nordstrom)(Ovruchesky, Clark) (Filed on 8/10/2015) Modified on 8/11/2015 (cjlS, COURT STAFF). (Entered: 08/10/2015) | |||
| 2015-08-10 | 2 | 0 | Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 8/10/2015) (Entered: 08/10/2015) | |||
| 2015-08-11 | 3 | 0 | Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/3/2015. Case Management Conference set for 11/10/2015 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjlS, COURT STAFF) (Filed on 8/11/2015) (Entered: 08/11/2015) | |||
| 2015-08-11 | 4 | 0 | Summons Issued as to Capital One Bank (USA), N.A., Experian Information Solutions, Inc, Nordstrom, Inc. (cjlS, COURT STAFF) (Filed on 8/11/2015) (Entered: 08/11/2015) | |||
| 2015-08-27 | 5 | 0 | WAIVER OF SERVICE Returned Executed filed by Gloria A. Mestayer. Service waived by Experian Information Solutions, Inc waiver sent on 8/13/2015, answer due 10/13/2015. (Ovruchesky, Clark) (Filed on 8/27/2015) (Entered: 08/27/2015) | |||
| 2015-09-01 | 6 | 0 | STIPULATION to Extend Time for Defendant Nordstrom, Inc. to Respond to Plaintiff's Complaint filed by Nordstrom, Inc., Gloria A. Mestayer. (Caleo, Paul) (Filed on 9/1/2015) Modified on 9/2/2015 (cjlS, COURT STAFF). (Entered: 09/01/2015) | |||
| 2015-09-22 | 7 | 0 | STIPULATION to Extend Time for Defendant Nordstrom, Inc. to Respond to Plaintiff's Complaint filed by Nordstrom, Inc., Gloria A. Mestayer. (Caleo, Paul) (Filed on 9/22/2015) Modified on 9/23/2015 (cjlS, COURT STAFF). (Entered: 09/22/2015) | |||
| 2015-09-30 | 8 | 0 | WAIVER OF SERVICE Returned Executed filed by Gloria A. Mestayer. Service waived by Capital One Bank (USA), N.A. waiver sent on 8/13/2015, answer due 10/13/2015. (Ovruchesky, Clark) (Filed on 9/30/2015) (Entered: 09/30/2015) | |||
| 2015-09-30 | 9 | 0 | STIPULATION To Extend Time For Defendant Capital One Bank (USA), N.A. To Respond to Initial Complaint filed by Capital One Bank (USA), N.A., Gloria A. Mestayer. (Diaz, Chelsea) (Filed on 9/30/2015) Modified on 10/1/2015 (cjlS, COURT STAFF). (Entered: 09/30/2015) | |||
| 2015-10-12 | 10 | 0 | ANSWER to Complaint byExperian Information Solutions, Inc. (Deshong, Michael) (Filed on 10/12/2015) (Entered: 10/12/2015) | |||
| 2015-10-12 | 11 | 0 | Certificate of Interested Entities by Experian Information Solutions, Inc identifying Corporate Parent Experian PLC, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC, Other Affiliate Opt-Out Services LLC for Experian Information Solutions, Inc. (Deshong, Michael) (Filed on 10/12/2015) (Entered: 10/12/2015) | |||
| 2015-10-12 | 12 | 0 | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Experian Information Solutions, Inc.. (Deshong, Michael) (Filed on 10/12/2015) (Entered: 10/12/2015) | |||
| 2015-10-13 | 13 | 0 | CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (sisS, COURT STAFF) (Filed on 10/13/2015) (Entered: 10/13/2015) | |||
| 2015-10-13 | 14 | 0 | ORDER REASSIGNING CASE. Case reassigned to Judge Edward M. Chen for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by the Executive Committee on October 13, 2015. (cjlS, COURT STAFF) (Filed on 10/13/2015) (Entered: 10/13/2015) | |||
| 2015-10-13 | 15 | 0 | ANSWER to Complaint with Jury Demand byNordstrom, Inc.. (Romero, Katrina) (Filed on 10/13/2015) (Entered: 10/13/2015) | |||
| 2015-10-13 | 16 | 0 | Certificate of Interested Entities by Nordstrom, Inc. identifying Corporate Parent Nordstrom FSB for Nordstrom, Inc.. (Romero, Katrina) (Filed on 10/13/2015) (Entered: 10/13/2015) | |||
| 2015-10-22 | 17 | 0 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Deshong, Michael) (Filed on 10/22/2015) (Entered: 10/22/2015) | |||
| 2015-10-23 | 18 | 0 | CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 11/10/2015. Case Management Conference set for 11/17/2015 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 10/23/15. (bpf, COURT STAFF) (Filed on 10/23/2015) (Entered: 10/23/2015) | |||
| 2015-10-24 | 19 | 0 | MOTION to Appear by Telephone at 11/17/2015 Case Management Conference filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 10/24/2015) (Entered: 10/24/2015) | |||
| 2015-10-26 | 20 | 0 | CERTIFICATE OF SERVICE by Gloria A. Mestayer re 18 Case Management Scheduling Order, (Ovruchesky, Clark) (Filed on 10/26/2015) (Entered: 10/26/2015) | |||
| 2015-10-26 | 21 | 0 | MOTION to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities filed by Capital One Bank (USA), N.A.. Motion Hearing set for 12/17/2015 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Responses due by 11/9/2015. Replies due by 11/16/2015. (Attachments: # 1 Proposed Order Granting Defendant Capital One Bank (USA), N.A.'s Motion to Dismiss Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure)(Eley, Hunter) (Filed on 10/26/2015) (Entered: 10/26/2015) | |||
| 2015-10-26 | 22 | 0 | Certificate of Interested Entities by Capital One Bank (USA), N.A. identifying Corporate Parent Capital One Financial Corporation for Capital One Bank (USA), N.A.. (Eley, Hunter) (Filed on 10/26/2015) (Entered: 10/26/2015) | |||
| 2015-10-30 | 23 | 0 | STIPULATION and Proposed Order selecting Early Neutral Evaluation by Gloria A. Mestayer filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 10/30/2015) (Entered: 10/30/2015) | |||
| 2015-11-01 | 24 | 0 | AMENDED COMPLAINT against All Defendants. Filed byGloria A. Mestayer. (Ovruchesky, Clark) (Filed on 11/1/2015) (Entered: 11/01/2015) | |||
| 2015-11-02 | 25 | 0 | ORDER by Judge Edward M. Chen denying 19 Motion to Appear by Telephone (bpf, COURT STAFF) (Filed on 11/2/2015) (Entered: 11/02/2015) | |||
| 2015-11-03 | 26 | 0 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Diaz, Chelsea) (Filed on 11/3/2015) (Entered: 11/03/2015) | |||
| 2015-11-03 | 27 | 0 | Notice of Withdrawal of Motion (Attachments: # 1 Certificate/Proof of Service)(Eley, Hunter) (Filed on 11/3/2015) (Entered: 11/03/2015) | |||
| 2015-11-06 | 28 | 0 | MOTION to Appear by Telephone at Case Management Conference filed by Experian Information Solutions, Inc. (Attachments: # 1 Proposed Order)(Deshong, Michael) (Filed on 11/6/2015) (Entered: 11/06/2015) | |||
| 2015-11-06 | 29 | 0 | NOTICE by Gloria A. Mestayer as to Settlement with Defendant Nordstrom, Inc. (Ovruchesky, Clark) (Filed on 11/6/2015) (Entered: 11/06/2015) | |||
| 2015-11-10 | 30 | 0 | CLERK'S NOTICE - REMINDER - CMC set for 11/17/15 at 9:30 a.m. A joint CMC Statement shall be filed by 11/10/15. THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (bpf, COURT STAFF) (Filed on 11/10/2015) (Entered: 11/10/2015) | |||
| 2015-11-10 | 31 | 0 | MOTION to Appear by Telephone Defendant Capital One Bank (USA), N.A.'s Request to Appear Telephonically at Case Management Conference filed by Capital One Bank (USA), N.A.. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service)(Diaz, Chelsea) (Filed on 11/10/2015) (Entered: 11/10/2015) | |||
| 2015-11-10 | 32 | 0 | JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER ; filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 11/10/2015) Modified on 11/12/2015 (aaaS, COURT STAFF). (Entered: 11/10/2015) | |||
| 2015-11-12 | 33 | 0 | ORDER by Judge Edward M. Chen granting 28 Motion to Appear by Telephone. Experian's counsel Michael Deshong shall coordinate the conference call for all parties. (bpf, COURT STAFF) (Filed on 11/12/2015) (Entered: 11/12/2015) | |||
| 2015-11-12 | 34 | 0 | ORDER by Judge Edward M. Chen granting 31 Motion to Appear by Telephone. All parties shall appear by telephone. See Order #30 for conference call instruction. (bpf, COURT STAFF) (Filed on 11/12/2015) (Entered: 11/12/2015) | |||
| 2015-11-16 | 35 | 0 | ANSWER to Amended Complaint byExperian Information Solutions, Inc. (Deshong, Michael) (Filed on 11/16/2015) (Entered: 11/16/2015) | |||
| 2015-11-16 | 36 | 0 | MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities filed by Capital One Bank (USA), N.A.. Motion Hearing set for 1/21/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Responses due by 11/30/2015. Replies due by 12/7/2015. (Attachments: # 1 Proposed Order)(Eley, Hunter) (Filed on 11/16/2015) (Entered: 11/16/2015) | |||
| 2015-11-18 | 37 | 0 | Minute Entry for proceedings held before Edward M. Chen: Initial Case Management Conference held on 11/17/2015. Case referred to early neutral evaluation. Motion to Dismiss Hearing (Docket 36) set for 1/21/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Responses due by 12/10/2015. Replies due by 12/17/2015. Case Management Statement due by 1/14/2016. Further Case Management Conference set for 1/21/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco.FTR Time 10:08-10:17. (bpf, COURT STAFF) (Date Filed: 11/18/2015) (Entered: 11/18/2015) | |||
| 2015-11-18 | 38 | 0 | ORDER REFERRING CASE to Early Neutral Evaluation, STIPULATION AND ORDER re 23 STIPULATION and Proposed Order selecting Early Neutral Evaluation by Gloria A. Mestayer filed by Gloria A. Mestayer. Signed by Judge Edward M. Chen on 11/17/15. (bpf, COURT STAFF) (Filed on 11/18/2015) (Entered: 11/18/2015) | |||
| 2015-12-10 | 39 | 0 | Letter Regarding Status of Settlement Negotiations. (Ovruchesky, Clark) (Filed on 12/10/2015) (Entered: 12/10/2015) | |||
| 2015-12-10 | 40 | 0 | RESPONSE (re 36 MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities ) filed byGloria A. Mestayer. (Ovruchesky, Clark) (Filed on 12/10/2015) (Entered: 12/10/2015) | |||
| 2015-12-15 | 41 | 0 | ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, December 22, 2015, at 2:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 12/15/2015) (Entered: 12/15/2015) | |||
| 2015-12-17 | 42 | 0 | REPLY (re 36 MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities ) filed byCapital One Bank (USA), N.A.. (Attachments: # 1 Request for Judicial Notice in Support of Reply Brief in Support of its Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure)(Eley, Hunter) (Filed on 12/17/2015) (Entered: 12/17/2015) | |||
| 2015-12-18 | 43 | 0 | STIPULATION WITH PROPOSED ORDER for Dismissal of Defendant Nordstrom, Inc. filed by Nordstrom, Inc.. (Attachments: # 1 Proposed Order)(Caleo, Paul) (Filed on 12/18/2015) (Entered: 12/18/2015) | |||
| 2015-12-23 | 44 | 0 | STIPULATION AND ORDER re 43 STIPULATION WITH PROPOSED ORDER for Dismissal of Defendant Nordstrom, Inc. filed by Nordstrom, Inc. Signed by Judge Edward M. Chen on 12/23/15. (bpf, COURT STAFF) (Filed on 12/23/2015) (Entered: 12/23/2015) | |||
| 2015-12-30 | 45 | 0 | ORDER RELATING CASE (C15-3650 EMC). Signed by Judge Edward M. Chen on 12/30/15. (bpf, COURT STAFF) (Filed on 12/30/2015) (Entered: 12/30/2015) | |||
| 2016-01-13 | 46 | 0 | STIPULATION WITH PROPOSED ORDER to Continue Hearing on Defendant Capital One Bank (USA), N.A.'s Motion to Dismiss Plaintiff's First Amended Complaint and Case Management Conference filed by Capital One Bank (USA), N.A.. (Attachments: # 1 Proposed Order Granting Stipulation to Continue Hearing on Defendant Capital One Bank (USA), N.A.'s Motion to Dismiss Plaintiff's First Amended Complaint and Case Management Conference)(Townes, Johari) (Filed on 1/13/2016) (Entered: 01/13/2016) | |||
| 2016-01-14 | 47 | 0 | CLERK'S NOTICE resetting 36 MOTION to Dismiss and Case Management Conference from 1/21/2016 to 2/11/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpf, COURT STAFF) (Filed on 1/14/2016) (Entered: 01/14/2016) | |||
| 2016-02-04 | 48 | 0 | MOTION to Appear by Telephone at the February 11, 2016 Case Management Conference filed by Experian Information Solutions, Inc. (Attachments: # 1 Proposed Order)(Deshong, Michael) (Filed on 2/4/2016) (Entered: 02/04/2016) | |||
| 2016-02-04 | 49 | 0 | JOINT CASE MANAGEMENT STATEMENT filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 2/4/2016) (Entered: 02/04/2016) | |||
| 2016-02-08 | 50 | 0 | ORDER by Judge Edward M. Chen granting 48 Motion to Appear by Telephone (bpf, COURT STAFF) (Filed on 2/8/2016) (Entered: 02/08/2016) | |||
| 2016-02-10 | 51 | 0 | STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byCapital One Bank (USA), N.A.. (Attachments: # 1 Exhibit A, # 2 Certificate/Proof of Service)(Related document(s) 36 ) (Townes, Johari) (Filed on 2/10/2016) (Entered: 02/10/2016) | |||
| 2016-02-11 | 52 | 0 | Minute Entry for proceedings held before Edward M. Chen: Hearing on Motion to Dismiss (#36 in C15-3645 EMC) and (#42 in 15-3650) held on 2/11/2016. Court took matter under submission and to issue order. ADR is deferred until after ruling on the motions. Further CMC to be scheduled if necessary.Total Time in Court 24. Court Reporter Name JoAnn Bryce. Plaintiff Attorney Clark Ovruchasky. Defendant Attorney Amy Borlund for Capital One, Michael DeShong for Experian (phone). This is a text only Minute Entry (bpf, COURT STAFF) (Date Filed: 2/11/2016) (Entered: 02/11/2016) | |||
| 2016-02-16 | 53 | 0 | AMENDED DOCUMENT by Capital One Bank (USA), N.A.. Amendment to 51 Statement of Recent Decision CORRECTION OF DOCKET # 51 . (Attachments: # 1 Exhibit A, # 2 Certificate/Proof of Service)(Townes, Johari) (Filed on 2/16/2016) (Entered: 02/16/2016) | |||
| 2016-02-17 | 54 | 0 | ORDER by Judge Edward M. Chen Granting 36 Defendant's Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 2/17/2016) (Entered: 02/17/2016) | |||
| 2016-02-19 | 55 | 0 | CLERK'S NOTICE setting Further Case Management Conference set for 4/14/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Case Management Statement due by 4/7/2016. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpf, COURT STAFF) (Filed on 2/19/2016) (Entered: 02/19/2016) | |||
| 2016-03-16 | 56 | 0 | CLERK'S NOTICE. Further Case Management Conference reset from 4/14/2016 to 4/12/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Case Management Statement due by 4/5/2016. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpf, COURT STAFF) (Filed on 3/16/2016) (Entered: 03/16/2016) | |||
| 2016-03-18 | 57 | 0 | AMENDED COMPLAINT (Second) against Capital One Bank (USA), N.A., Experian Information Solutions, Inc. Filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 3/18/2016) Modified on 3/21/2016 (slhS, COURT STAFF). (Entered: 03/18/2016) | |||
| 2016-04-04 | 58 | 0 | NOTICE by Gloria A. Mestayer of Settlement as to Defendant Experian Information Solutions, Inc. Only (Ovruchesky, Clark) (Filed on 4/4/2016) (Entered: 04/04/2016) | |||
| 2016-04-04 | 59 | 0 | STIPULATION TO EXTEND TIME FOR DEFENDANT CAPITAL ONE BANK (USA), N.A. TO RESPOND TO SECOND AMENDED COMPLAINT filed by Capital One Bank (USA), N.A.. (Attachments: # 1 Certificate/Proof of Service)(Townes, Johari) (Filed on 4/4/2016) (Entered: 04/04/2016) | |||
| 2016-04-04 | 60 | 0 | Joint MOTION to Appear by Telephone at the April 12, 2016 Case Management Conference filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 4/4/2016) (Entered: 04/04/2016) | |||
| 2016-04-05 | 61 | 0 | CLERK'S NOTICE. Reminder - Further CMC set for 4/12/16 at 10:30 a.m. An updated joint CMC statement due 4/5/16. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpf, COURT STAFF) (Filed on 4/5/2016) (Entered: 04/05/2016) | |||
| 2016-04-06 | 62 | 0 | JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 4/6/2016) (Entered: 04/06/2016) | |||
| 2016-04-08 | 63 | 0 | ORDER by Judge Edward M. Chen granting 60 Motion to Appear by Telephone. Attorney Ovruchesky shall call Attorney Townes then call the Court at 11:00 a.m. on 4/12/16.(bpf, COURT STAFF) (Filed on 4/8/2016) (Entered: 04/08/2016) | |||
| 2016-04-12 | 64 | 0 | Minute Entry for proceedings held before Edward M. Chen: Initial Case Management Conference held on 4/12/2016. Case Management Statement due by 5/19/2016. Further Case Management Conference set for 5/26/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco.FTR Time 10:59-11:09. (bpfS, COURT STAFF) (Date Filed: 4/12/2016) (Entered: 04/12/2016) | |||
| 2016-04-12 | 65 | 0 | MOTION to Dismiss Plaintiff's Second Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities filed by Capital One Bank (USA), N.A.. Motion Hearing set for 5/26/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Responses due by 4/26/2016. Replies due by 5/3/2016. (Attachments: # 1 Proposed Order Granting Defendant Capital One Bank (USA), N.A.'s Motion to Dismiss Plaintiff's Second Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure)(Townes, Johari) (Filed on 4/12/2016) (Entered: 04/12/2016) | |||
| 2016-04-25 | 66 | 0 | STIPULATION WITH PROPOSED ORDER re 65 MOTION to Dismiss Plaintiff's Second Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities filed by Gloria A. Mestayer. (Attachments: # 1 Proposed Order)(Ovruchesky, Clark) (Filed on 4/25/2016) (Entered: 04/25/2016) | |||
| 2016-04-26 | 67 | 0 | ORDER by Judge Edward M. Chen granting 66 Stipulation to reset motion hearing and briefing schedule. (bpf, COURT STAFF) (Filed on 4/26/2016) (Entered: 04/26/2016) | |||
| 2016-05-10 | 68 | 0 | RESPONSE (re 65 MOTION to Dismiss Plaintiff's Second Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities ) filed byGloria A. Mestayer. (Ovruchesky, Clark) (Filed on 5/10/2016) (Entered: 05/10/2016) | |||
| 2016-05-20 | 69 | 0 | REPLY (re 65 MOTION to Dismiss Plaintiff's Second Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities ) filed byCapital One Bank (USA), N.A.. (Townes, Johari) (Filed on 5/20/2016) (Entered: 05/20/2016) | |||
| 2016-05-23 | 70 | 0 | ERRATA re 69 Reply to Opposition/Response, by Capital One Bank (USA), N.A.. (Attachments: # 1 Exhibit A, # 2 Proof of Service)(Townes, Johari) (Filed on 5/23/2016) (Entered: 05/23/2016) | |||
| 2016-05-27 | 71 | 0 | OBJECTIONS to re 69 Reply to Opposition/Response, (Objection to Reply Evidence) by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 5/27/2016) (Entered: 05/27/2016) | |||
| 2016-06-02 | 72 | 0 | JOINT CASE MANAGEMENT STATEMENT filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 6/2/2016) (Entered: 06/02/2016) | |||
| 2016-06-06 | 73 | 0 | RESPONSE to re 71 Objection by Capital One Bank (USA), N.A.. (Attachments: # 1 Certificate/Proof of Service)(Townes, Johari) (Filed on 6/6/2016) (Entered: 06/06/2016) | |||
| 2016-06-06 | 74 | 0 | STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byGloria A. Mestayer. (Attachments: # 1 Exhibit A, # 2 Certificate/Proof of Service)(Related document(s) 65 ) (Ovruchesky, Clark) (Filed on 6/6/2016) (Entered: 06/06/2016) | |||
| 2016-06-09 | 75 | 0 | Minute Entry for proceedings held before Edward M. Chen: Motion to Dismiss Hearing/ CMC held on 6/9/2016. Under submission. Further Case Management Conference set for 9/8/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Case Management Statement due by 9/1/2016. Total Time in Court 35 minutes. Court Reporter Name Debra Pas. (bpfS, COURT STAFF) (Date Filed: 6/9/2016) (Entered: 06/09/2016) | |||
| 2016-06-16 | 76 | 0 | STIPULATION WITH PROPOSED ORDER of Dismissal with Prejudice, Between Plaintiff and Defendant Experian Information Solutions, Inc. Only filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 6/16/2016) (Entered: 06/16/2016) | |||
| 2016-06-20 | 77 | 0 | ORDER by Judge Edward M. Chen Granting 65 Defendant's Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 6/20/2016) (Entered: 06/20/2016) | |||
| 2016-06-20 | 78 | 0 | STIPULATION AND ORDER re 76 of Dismissal with Prejudice, Between Plaintiff and Defendant Experian Information Solutions, Inc. Only filed by Gloria A. Mestayer. Signed by Judge Edward M. Chen on 6/20/16. (bpfS, COURT STAFF) (Filed on 6/20/2016) (Entered: 06/20/2016) | |||
| 2016-06-21 | 79 | 0 | TRANSCRIPT ORDER for proceedings held on 02/11/2016 before Edward M. Chen by Capital One Bank (USA), N.A., for Court Reporter Jo Ann Bryce. (Townes, Johari) (Filed on 6/21/2016) (Entered: 06/21/2016) | |||
| 2016-06-21 | 80 | 0 | TRANSCRIPT ORDER for proceedings held on 06/09/2016 before Edward M. Chen by Capital One Bank (USA), N.A., for Court Reporter Debra Pas. (Townes, Johari) (Filed on 6/21/2016) (Entered: 06/21/2016) | |||
| 2016-06-27 | 81 | 0 | Transcript of Proceedings held on 2/11/16, before Judge Edward M. Chen. Court Reporter Jo Ann Bryce, telephone number 510-910-5888, joann_bryce@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction after 90 days. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (79 in 3:15-cv-03645-EMC) Transcript Order ) Release of Transcript Restriction set for 9/26/2016. (Bryce, Joann) (Filed on 6/27/2016) (Entered: 06/27/2016) | |||
| 2016-07-20 | 82 | 0 | AMENDED COMPLAINT (Third) against Capital One Bank (USA), N.A., Experian Information Solutions, Inc. Filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 7/20/2016) Modified on 7/21/2016 (slhS, COURT STAFF). (Entered: 07/20/2016) | 2016-12-17 09:17:13 | 8fa193faf13ea296818643030f77e2959690c46d | |
| 2016-07-27 | 83 | 0 | STIPULATION to Extend Defendant Capital One Bank (USA), N.A.'s Time to Respond to Third Amended Complaint filed by Capital One Bank (USA), N.A.. (Attachments: # 1 Proposed Order Extending Defendant Capital One Bank (USA), N.A.'s Time to Respond to Third Amended Complaint)(Townes, Johari) (Filed on 7/27/2016) (Entered: 07/27/2016) | |||
| 2016-07-29 | 84 | 0 | STIPULATION AND ORDER extending time to respond re 83 Stipulation, filed by Capital One Bank (USA), N.A. Signed by Judge Edward M. Chen on 7/29/16. (bpfS, COURT STAFF) (Filed on 7/29/2016) (Entered: 07/29/2016) | |||
| 2016-07-29 | 85 | 0 | Transcript of Proceedings held on 6-9-2016, before Judge Edward M. Chen. Court Reporter/Transcriber Debra L. Pas, CRR, telephone number (415) 431-1477/Email: Debra_Pas@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/27/2016. (Pas, Debra) (Filed on 7/29/2016) (Entered: 07/29/2016) | |||
| 2016-08-30 | 86 | 0 | STIPULATION to Extend Defendant Capital One Bank (USA), N.A.'s Time to Respond to Third Amended Complaint filed by Capital One Bank (USA), N.A.. (Attachments: # 1 Certificate/Proof of Service)(Townes, Johari) (Filed on 8/30/2016) (Entered: 08/30/2016) | |||
| 2016-09-02 | 87 | 0 | CLERK'S NOTICE. Further CMC set for 9/8/16 at 10:30 a.m. Updated joint CMC Statement was due 9/1/16. Joint CMC Statement shall be filed by end of 9/2/16. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpf, COURT STAFF) (Filed on 9/2/2016) (Entered: 09/02/2016) | |||
| 2016-09-02 | 88 | 0 | JOINT CASE MANAGEMENT STATEMENT filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 9/2/2016) (Entered: 09/02/2016) | |||
| 2016-09-02 | 89 | 0 | Joint MOTION to Appear by Telephone at the September 8, 2016 Case Management Conference filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 9/2/2016) (Entered: 09/02/2016) | |||
| 2016-09-07 | 90 | 0 | ORDER by Judge Edward M. Chen Granting 89 Joint Motion to Appear by Telephone. (emcsec, COURT STAFF) (Filed on 9/7/2016) (Entered: 09/07/2016) | |||
| 2016-09-08 | 91 | 0 | Minute Entry for proceedings held before Edward M. Chen: Further Case Management Conference held on 9/8/2016. Trial set for 9/18/2017. Court will issue Case Management and Pretrial Order for all relevant dates. Further Case Management Conference set for 10/27/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Joint Case Management Statement due by 10/20/2016. FTR Time 11:08 - 11:16. Plaintiff Attorney Clark Ovruchesky (Phone). Defendant Attorney Amy Borlund. Attachment Minute Order.(afmS, COURT STAFF) (Date Filed: 9/8/2016) (Entered: 09/09/2016) | |||
| 2016-09-09 | 92 | 0 | Administrative Motion to File Under Seal filed by Capital One Bank (USA), N.A.. (Attachments: # 1 Declaration of Amy Myers in Support of Defendant Capital One Bank (USA), N.A.'s Motion to File Under Seal, # 2 Stipulation in Support of Defendant Capital One Bank (USA), N.A.'s Motion to File Under Seal, # 3 Proposed Order Granting Defendant Capital One Bank (USA), N.A.'s Motion to File Under Seal, # 4 Unredacted Version of Exhibit 1 to Declaration of Amy Myers in Support of Motion to File Under Seal (ENTIRE DOCUMENT SOUGHT TO BE SEALED), # 5 Unredacted Versions of Exhibits A-D to Declaration of Johari N. Townes in Support of Motion to Dismiss Plaintiff's Third Amended Complaint (ALL DOCUMENTS SOUGHT TO BE SEALED))(Townes, Johari) (Filed on 9/9/2016) (Entered: 09/09/2016) | |||
| 2016-09-09 | 93 | 0 | MOTION to Dismiss the Third Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities filed by Capital One Bank (USA), N.A.. Motion Hearing set for 10/27/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Responses due by 9/23/2016. Replies due by 9/30/2016. (Attachments: # 1 Declaration of Johari N. Townes in Support of Defendant Capital One Bank (USA), N.A.'s Motion to Dismiss Plaintiff's Third Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, # 2 Defendant Capital One Bank (USA), N.A.'s Request for Judicial Notice in Support of Motion to Dismiss the Third Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, # 3 Proposed Order Granting Defendant Capital One Bank (USA), N.A.'s Motion to Dismiss the Third Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure)(Townes, Johari) (Filed on 9/9/2016) (Entered: 09/09/2016) | |||
| 2016-09-12 | 94 | 0 | CASE MANAGEMENT SCHEDULING ORDER: Jury Selection set for 9/18/2017 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Jury Trial set for 9/18/2017 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Motion Hearing set for 6/8/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Pretrial Conference set for 8/22/2017 02:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Discovery due by 3/16/2017. Jury Trial set for 9/19/2017 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Jury Trial set for 9/20/2017 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Jury Trial set for 9/22/2017 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen.. Signed by Judge Edward M. Chen on 9/12/16. (bpf, COURT STAFF) (Filed on 9/12/2016) (Entered: 09/12/2016) | |||
| 2016-09-12 | 95 | 0 | CERTIFICATE OF SERVICE by Capital One Bank (USA), N.A. re Documents Submitted Under Seal (Townes, Johari) (Filed on 9/12/2016) (Entered: 09/12/2016) | |||
| 2016-09-21 | 96 | 0 | STIPULATION WITH PROPOSED ORDER to Extend Plaintiff's Time To Oppose Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 9/21/2016) (Entered: 09/21/2016) | |||
| 2016-09-22 | 97 | 0 | STIPULATION AND ORDER re 96 to Extend Plaintiff's Time To Oppose Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint filed by Gloria A. Mestayer. Responses due by 9/30/2016. Replies due by 10/7/2016. Signed by Judge Edward M. Chen on 9/22/16. (bpf, COURT STAFF) (Filed on 9/22/2016) (Entered: 09/22/2016) | |||
| 2016-09-30 | 98 | 0 | RESPONSE (re 93 MOTION to Dismiss the Third Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities ) filed byGloria A. Mestayer. (Ovruchesky, Clark) (Filed on 9/30/2016) (Entered: 09/30/2016) | |||
| 2016-10-03 | 99 | 0 | ORDER by Judge Edward M. Chen granting 92 Administrative Motion to File Under Seal. (bpfS, COURT STAFF) (Filed on 10/3/2016) (Entered: 10/03/2016) | |||
| 2016-10-03 | 100 | 0 | CLERK'S NOTICE resetting 93 MOTION to Dismiss and Further CMC from 1:30 p.m. to 9:30 a.m. on 10/27/16 in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Case Management Statement due by 10/20/2016. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bpfS, COURT STAFF) (Filed on 10/3/2016) (Entered: 10/03/2016) | |||
| 2016-10-07 | 101 | 0 | REPLY (re 93 MOTION to Dismiss the Third Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities ) filed byCapital One Bank (USA), N.A.. (Borlund, Amy) (Filed on 10/7/2016) (Entered: 10/07/2016) | |||
| 2016-10-20 | 102 | 0 | JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER ; filed by Gloria A. Mestayer. (Ovruchesky, Clark) (Filed on 10/20/2016) Modified on 10/21/2016 (aaaS, COURT STAFF). (Entered: 10/20/2016) | |||
| 2016-10-27 | 103 | 0 | Minute Entry for proceedings held before Edward M. Chen: Motion Hearing held on 10/27/2016 re 93 MOTION to Dismiss filed by Capital One Bank (USA), N.A. Court took matter under submission and to issue order. Total Time in Court 16 minutes. Court Reporter Name Leo Mankiewicz. Plaintiff Attorney Clark Ovruchesky. Defendant Attorney Amy Borlund. This is a text only Minute Entry (bpfS, COURT STAFF) (Date Filed: 10/27/2016) (Entered: 10/27/2016) | |||
| 2016-10-27 | 104 | 0 | CLERK'S NOTICE. Status Conference set for 1/26/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Status Report due by 1/19/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpfS, COURT STAFF) (Filed on 10/27/2016) (Entered: 10/27/2016) | |||
| 2016-12-12 | 105 | 0 | ORDER by Judge Edward M. Chen Granting 93 Defendant's Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 12/12/2016) (Entered: 12/12/2016) | |||
| 2016-12-12 | 106 | 0 | JUDGMENT. Signed by Judge Edward M. Chen on 12/12/2016. (emcsec, COURT STAFF) (Filed on 12/12/2016) (Entered: 12/12/2016) |