Traylor v. Capital One, N.A.
| Virginia Eastern District Court | |
| Judge: | Leonie M Brinkema |
| Referred: | Ivan D Davis |
| Case #: | 1:22-cv-01349 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1693 Electronic Fees Transfer Act |
| Case Filed: | Nov 29, 2022 |
| Terminated: | May 17, 2023 |
| Last checked: Sunday May 28, 2023 5:21 AM EDT |
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Defendant
Capital One, N.A.
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Represented By
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Plaintiff
Wayne Traylor
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Capital One Financial Corporation
Terminated: 01/11/2023
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Represented By
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| Docket last updated: 04/26/2024 11:59 PM EDT |
| Wednesday, May 17, 2023 | ||
| 48 | 48
order
So Ordered
Wed 05/17 11:33 AM
So Ordered in re47 Stipulation of Dismissal With Prejudice filed by Wayne Traylor. Signed by District Judge Anthony J Trenga on 5/17/2023. (swil) |
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| Tuesday, May 16, 2023 | ||
| 47 | 47
misc
Stipulation of Dismissal
Tue 05/16 5:48 PM
STIPULATION of Dismissal by Wayne Traylor. (Small, Jacob) |
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| Friday, April 14, 2023 | ||
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order
Order
Fri 04/14 12:26 PM
ORDERED that the Motion is GRANTED, and it is hereby ORDERED that all deadlines in this civil action be and are STAYED until May 15, 2023, on which date the parties are directed to file a status update if the plaintiff has not yet voluntarily dismissed the action in re45 NOTICE of Settlement Joint Notice of Settlement and Motion for Stay. Signed by District Judge Leonie M. Brinkema on 4/14/2023. (Dest) |
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| 45 | 45
notice
Notice of Settlement (by Attorney)
Fri 04/14 11:23 AM
NOTICE of Settlement Joint Notice of Settlement and Motion for Stay by Capital One, N.A. (Fratkin, Bryan) |
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| Friday, March 31, 2023 | ||
| 44 | 44
cmp
Amended Complaint
Fri 03/31 6:50 PM
AMENDED COMPLAINT , Second against Capital One, N.A., filed by Wayne Traylor.(Small, Jacob) |
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| Friday, March 24, 2023 | ||
| 43 | 43
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order
Order on Motion for Extension of Time to Amend
Fri 03/24 10:29 AM
ORDER granting42 Consent MOTION for Extension of Time to Amend Complaint. The Court's March 10, 2023 grant of a fourteen day period of leave within which Plaintiff may amend his complaint [Dkt No. 25] is extended by an additional seven days. Plaintiff's amended complaint must be filed, if at all, by March 31, 2023. Signed by District Judge Leonie M. Brinkema on 3/24/2023. (Dest) |
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| Thursday, March 23, 2023 | ||
| 42 | 42
motion
Extension of Time to Amend
Thu 03/23 4:09 PM
Consent MOTION for Extension of Time to Amend Complaint by Wayne Traylor.(Small, Jacob) |
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Att: 1
Proposed Order
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| Thursday, March 16, 2023 | ||
| 41 | 41
misc
Transcript
Thu 03/16 3:01 PM
TRANSCRIPT of a motions hearing held on 3-10-23, before Judge Leonie M. Brinkema, Court Reporter Stephanie Austin, Telephone number 571-298-1649. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/17/2023. Redacted Transcript Deadline set for 5/16/2023. Release of Transcript Restriction set for 6/14/2023.(Austin, Stephanie) |
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| Friday, March 10, 2023 | ||
| 40 | 40
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order
Order on Motion to Dismiss for Failure to State a Claim
Fri 03/10 4:42 PM
ORDER: For the reasons stated in open court, defendant's Motion to Dismiss Plaintiffs Amended Complaint [Dkt. No. 27] is GRANTED IN PART as to Counts I, III, and IV and DENIED IN PART as to Count II. Accordingly, it is herebyORDERED that Count I (Electronic Funds Transfer Act) of plaintiffs First AmendedClass Action Complaint ("First Amended Complaint") [Dkt. No. 25] be and is DISMISSED WITHOUT PREJUDICE. Plaintiff has leave to amend the complaint within fourteen (14) days of this Order; and it is further ORDERED that Count III (Breach of the Implied Covenant of Good Faith and Fair Dealing) and Count IV (Negligence) of plaintiffs First Amended Complaint be and are DISMISSED WITH PREJUDICE.. Signed by District Judge Leonie M. Brinkema on 3/10/23. (yguy) |
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| 39 | 39
minutes
Motion Hearing
Fri 03/10 4:40 PM
Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 3/10/2023. Appearances of counsel. Deft27 MOTION to Dismiss for Failure to State a Claim filed by Capital One, N.A.. is argued and GRANTED IN PART. (order to follow) (Court Reporter S. Austin.)(yguy) |
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| Thursday, March 09, 2023 | ||
| 38 | 38
order
Protective Order
Thu 03/09 4:16 PM
STIPULATED PRE-TRIAL PROTECTIVE ORDER in re33 Joint MOTION to Enter Stipulated Pre-Trial Protective Order (see Order for details). Signed by Magistrate Judge Ivan D. Davis on 3/9/2023. (Dest) |
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| 37 | 37
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order
Order on Motion for Electronic Device Application
Thu 03/09 4:12 PM
ORDER denying35 Motion for Electronic Device Application. Signed by District Judge Leonie M. Brinkema on 3/9/2023. (Dest) |
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| 36 | 36
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pgs
order
Order on Motion for Electronic Device Application
Thu 03/09 4:10 PM
ORDER denying34 Motion for Electronic Device Application. Signed by District Judge Leonie M. Brinkema on 3/9/2023. (Dest) |
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| 35 | 35
motion
Electronic Device Application
Thu 03/09 10:46 AM
MOTION for Electronic Device Application by Capital One, N.A.. (Fratkin, Bryan) |
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| 34 | 34
motion
Electronic Device Application
Thu 03/09 10:45 AM
MOTION for Electronic Device Application by Capital One, N.A.. (Fratkin, Bryan) |
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| Wednesday, March 08, 2023 | ||
| 33 | 33
motion
Protective Order
Wed 03/08 2:33 PM
Joint MOTION for Protective Order Joint Motion to Enter Stipulated Pre-Trial Protective Order by Capital One, N.A..(Fratkin, Bryan) |
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Att: 1
Proposed Order
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| Wednesday, March 01, 2023 | ||
| 32 | 32
respm
Response in Support of Motion
Wed 03/01 9:57 AM
RESPONSE in Support re27 MOTION to Dismiss for Failure to State a Claim filed by Capital One, N.A.. (Fratkin, Bryan) |
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| Thursday, February 23, 2023 | ||
| 31 | 31
respoth
Opposition
Thu 02/23 5:48 PM
Opposition to27 MOTION to Dismiss for Failure to State a Claim filed by Wayne Traylor. (Small, Jacob) |
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| 30 | 30
notice
Notice (other)
Thu 02/23 12:43 PM
NOTICE by Capital One, N.A. re27 MOTION to Dismiss for Failure to State a Claim (Capital One, N.A.'s Notice of Good-Faith Effort to Narrow the Disagreement Before Filing Motion) (Fratkin, Bryan) |
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| Monday, February 13, 2023 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Mon 02/13 8:25 AM
Set Deadline as to27 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 3/10/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, ) |
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| Thursday, February 09, 2023 | ||
| 29 | 29
misc
Notice of Hearing Date
Thu 02/09 7:55 PM
Notice of Hearing Date re27 MOTION to Dismiss for Failure to State a Claim (Fratkin, Bryan) |
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| 28 | 28
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respm
Memorandum in Support
Thu 02/09 7:54 PM
Memorandum in Support re27 MOTION to Dismiss for Failure to State a Claim filed by Capital One, N.A..(Fratkin, Bryan) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E
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| 27 | 27
motion
Dismiss for Failure to State a Claim
Thu 02/09 7:52 PM
MOTION to Dismiss for Failure to State a Claim by Capital One, N.A.. (Fratkin, Bryan) |
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| Friday, February 03, 2023 | ||
| 26 | 26
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order
Order Rule 16b Scheduling Order
Mon 02/06 8:12 AM
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: Because the parties Proposed Joint Discovery Plan24 adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for February 8, 2023, pursuant to Rule 16(b) and this Courts January 13, 2023, Order, is cancelled. Upon consideration of the representations made by the parties in their Proposed Joint Discovery Plan, the Court makes the following rulings: 1. All discovery shall be concluded by June 9, 2023. 2. Disclosures under Fed. R. Civ. P. 26(a)(1) and (2), notices of depositions, interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of the court, or for use in a motion or at trial. 3. No general objection may be asserted in response to any discovery demand except to preserve the attorney-client privilege and work product protection. 4. Any modifications to this Order, including deadlines of expert disclosures, require the parties to seek leave of Court pursuant to Fed. R. Civ. P. 16(b). 5. The parties Joint Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the Court. (see Order for complete details). Signed by Magistrate Judge Ivan D. Davis on 2/3/23. (tfitz, ) |
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| 25 | 25
cmp
Amended Complaint
Fri 02/03 7:42 PM
AMENDED COMPLAINT - First Amended Class Action Complaint against Capital One, N.A., filed by Wayne Traylor.(Small, Jacob) |
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| Wednesday, February 01, 2023 | ||
| 24 | 24
misc
Discovery Plan
Wed 02/01 7:46 PM
Joint Revised Discovery Plan by Wayne Traylor.(Small, Jacob) |
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| 23 | 23
1
pgs
order
Order on Motion to Amend/Correct
Wed 02/01 4:25 PM
ORDER denying20 Joint MOTION to Amend/Correct, and it is hereby ORDERED that the parties prepare a revised Joint Discovery Plan that complies with the deadlines in the Scheduling Order issued on January 13, 2023 (see Order for further details). Signed by District Judge Leonie M. Brinkema on 2/1/2023. (Dest) |
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| Tuesday, January 31, 2023 | ||
| 22 | 22
misc
Discovery Plan
Tue 01/31 5:48 PM
Joint Discovery Plan by Capital One, N.A..(Fratkin, Bryan) |
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| 21 | 21
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respm
Memorandum in Support
Tue 01/31 5:47 PM
Memorandum in Support re20 Joint MOTION to Amend/Correct13 Scheduling Order, to Enlarge Deadlines by Which to Complete Discovery filed by Capital One, N.A.. (Fratkin, Bryan) |
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| 20 | 20
motion
Amend/Correct
Tue 01/31 5:46 PM
Joint MOTION to Amend/Correct13 Scheduling Order, to Enlarge Deadlines by Which to Complete Discovery by Capital One, N.A..(Fratkin, Bryan) |
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Att: 1
Proposed Order
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| Friday, January 20, 2023 | ||
| 19 | 19
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pgs
order
Order on Motion for Pro hac vice
Mon 01/23 7:51 AM
ORDER granting17 Motion for Pro hac vice Appointed Jarrod D. Shaw for Capital One, N.A. Signed by District Judge Leonie M. Brinkema on 1/20/2023. (swil) |
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| 18 | 18
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order
Order on Motion for Pro hac vice
Mon 01/23 7:48 AM
ORDER granting16 Motion for Pro hac vice Appointed Emily Yandle Rottmann for Capital One, N.A. Signed by District Judge Leonie M. Brinkema on 1/20/2023. (swil) |
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| 17 | 17
motion
Pro Hac Vice
Fri 01/20 3:52 PM
Motion to appear Pro Hac Vice by Jarrod D. Shaw and Certification of Local Counsel Bryan A. Fratkin Filing fee $ 75, receipt number AVAEDC-8764052. by Capital One, N.A.. (Fratkin, Bryan) |
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| 16 | 16
motion
Pro Hac Vice
Fri 01/20 3:50 PM
Motion to appear Pro Hac Vice by Emily Y. Rottmann and Certification of Local Counsel Bryan A. Fratkin Filing fee $ 75, receipt number AVAEDC-8764030. by Capital One, N.A.. (Fratkin, Bryan) |
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| Tuesday, January 17, 2023 | ||
| 15 | 15
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order
Order on Motion for Pro hac vice
Tue 01/17 12:56 PM
ORDER granting14 Motion for Pro hac vice Appointed Brian James Ellsworth for Wayne Traylor. Signed by District Judge Leonie M. Brinkema on 1/17/2023. (swil) |
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| Friday, January 13, 2023 | ||
| 14 | 14
motion
Pro Hac Vice
Fri 01/13 6:11 PM
Motion to appear Pro Hac Vice by Brian James Ellseworth and Certification of Local Counsel Jacob M. Small Filing fee $ 75, receipt number AVAEDC-8754321. by Wayne Traylor. (Small, Jacob) |
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| 13 | 13
order
Scheduling Order
Fri 01/13 4:04 PM
SCHEDULING ORDER: Initial Pretrial Conference set for 2/8/2023 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Discovery due by 6/9/2023. Final Pretrial Conference set for 6/15/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 01/13/2023.(jlan) |
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Att: 1
Magistrate Consent Form,
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Att: 2
Pretrial Notice
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| 12 | 12
answer
Answer to Complaint
Fri 01/13 12:24 PM
ANSWER to Complaint by Capital One, N.A..(Fratkin, Bryan) |
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| Wednesday, January 11, 2023 | ||
| 11 | 11
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order
Order on Motion to Substitute Party
Wed 01/11 4:30 PM
ORDER granting10 Joint MOTION to Substitute Party Capital One Financial Corporation (see Order for details). Signed by District Judge Leonie M. Brinkema on 1/11/2023. (Dest) |
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| 10 | 10
motion
Substitute Party
Wed 01/11 1:43 PM
Joint MOTION to Substitute Party Capital One Financial Corporation by Capital One Financial Corporation.(Fratkin, Bryan) |
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Att: 1
Proposed Order
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| Tuesday, January 03, 2023 | ||
| 9 | 9
1
pgs
order
Order on Motion for Pro hac vice
Tue 01/03 3:09 PM
ORDER granting7 Motion for Pro hac vice Appointed Andrew Joseph Brown for Wayne Traylor. Signed by District Judge Leonie M. Brinkema on 1/3/2023. (swil) |
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| Thursday, December 29, 2022 | ||
| 8 | 8
service
Summons Returned Executed
Thu 12/29 2:25 PM
SUMMONS Returned Executed by Wayne Traylor Capital One Financial Corporation served on 12/2/2022, answer due 1/13/2023 (Small, Jacob) |
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| 7 | 7
motion
Pro Hac Vice
Thu 12/29 2:08 PM
Motion to appear Pro Hac Vice by Andrew Joseph Brown and Certification of Local Counsel Jacob M. Small Filing fee $ 75, receipt number BVAEDC-8730394. by Wayne Traylor. (Small, Jacob) |
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| Monday, December 19, 2022 | ||
| 6 | 6
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order
Order on Motion for Extension of Time to Answer
Mon 12/19 11:07 PM
ORDER granting5 Motion for Extension of Time to Answer Capital One Financial Corporation answer due 1/13/2023. No further extension will be granted. Signed by District Judge Leonie M. Brinkema on 12/19/2022. (jlan) |
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| 5 | 5
motion
Extension of Time to File Answer
Mon 12/19 3:09 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint by Capital One Financial Corporation.(Fratkin, Bryan) |
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Att: 1
Proposed Order
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| 4 | 4
3
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misc
Corporate Disclosure Statement
Mon 12/19 3:07 PM
Corporate Disclosure Statement by Capital One Financial Corporation. (Fratkin, Bryan) |
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| Wednesday, November 30, 2022 | ||
| 3 | 3
service
Summons Issued
Wed 11/30 11:46 AM
Summons Issued as to Capital One Financial Corporation, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted.(swil) |
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Att: 1
Summons Notice
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| 2 | 2
misc
Proposed Summons
Wed 11/30 8:34 AM
Proposed Summons by Wayne Traylor. (Small, Jacob) |
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| Tuesday, November 29, 2022 | ||
| 1 | 1
37
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cmp
Complaint
Tue 11/29 9:10 AM
Complaint ( Filing fee $ 402, receipt number BVAEDC-8680928.), filed by Wayne Traylor.(Small, Jacob) |
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Att: 1
Civil Cover Sheet
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utility
Initial Case Assignment
Tue 11/29 3:31 PM
Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (swil) |
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