Keane v. Early Warning Services, LLC et al
| New York Southern District Court | |
| Judge: | Jennifer H Rearden |
| Case #: | 1:24-cv-06108 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1681 Fair Credit Reporting Act |
| Case Filed: | Aug 12, 2024 |
| Last checked: Sunday Feb 09, 2025 4:48 AM EST |
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Defendant
Early Warning Services, LLC
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Represented By
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Defendant
Ford Motor Credit Company
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Represented By
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Defendant
KeyBank National Association
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Represented By
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Defendant
KeyCorp
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Represented By
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Defendant
Trans Union (of Delaware), LLC
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Represented By
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Plaintiff
Antoine Keane
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Represented By
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| Docket last updated: 09/08/2025 11:59 PM EDT |
| Monday, November 04, 2024 | ||
| 41 | 41
respm
Reply Memorandum of Law in Support of Motion
Mon 11/04 1:01 PM
REPLY MEMORANDUM OF LAW in Support re:21 MOTION to Dismiss . . Document filed by KeyBank National Association, KeyCorp..(Sabbidine, Mohammad) |
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| Thursday, October 24, 2024 | ||
| 40 | 40
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 10/24 5:53 PM
ORDER granting39 Letter Motion for Extension of Time to File Response/ReplyApplication GRANTED. The Government shall respond to the Complaint by December 26, 2024. The Clerk of Court is directed to terminate ECF No. 12. SO ORDERED. Replies due by 11/4/2024.. (Signed by Judge Jennifer H. Rearden on 10/24/2024) (jca) |
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| Wednesday, October 23, 2024 | ||
| 39 | 39
motion
Extension of Time to File Response/Reply
Wed 10/23 1:17 PM
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to21 MOTION to Dismiss .,38 Memorandum of Law in Opposition to Motion addressed to Judge Jennifer H. Rearden from Karim Sabbidine and Brian L. Ponder dated October 23, 2024. Document filed by KeyBank National Association, KeyCorp..(Sabbidine, Mohammad) |
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| Monday, October 21, 2024 | ||
| 38 | 38
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pgs
respm
Memorandum of Law in Opposition to Motion
Mon 10/21 12:12 PM
MEMORANDUM OF LAW in Opposition re:21 MOTION to Dismiss . . Document filed by Antoine Keane..(Ponder, Brian) |
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misc
Notice to Attorney Regarding Deficient Voluntary Dismissal
Mon 10/21 11:31 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Brian Ponder. RE-FILE Document No. 37 Stipulation of Voluntary Dismissal,,. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (ink/wet signatures) by all parties who have appeared;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (nd) |
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| Friday, October 18, 2024 | ||
| 37 | 37
misc
Stipulation of Voluntary Dismissal
Fri 10/18 9:52 AM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Trans Union (of Delaware), LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Antoine Keane. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Ponder, Brian) |
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| Thursday, October 03, 2024 | ||
| 36 | 36
order
Memo Endorsement ~Util - Set Deadlines
Thu 10/03 4:49 PM
ORDER granting (5 in case 1:24-cv-07318-ALC) Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/3/2024) (vfr) |
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| Tuesday, October 01, 2024 | ||
| 35 | 35
respm
Reply Memorandum of Law in Support of Motion
Tue 10/01 10:43 AM
REPLY MEMORANDUM OF LAW in Support re:8 MOTION to Dismiss Complaint . . Document filed by Early Warning Services, LLC..(DeFazio, Joseph) |
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| Tuesday, September 24, 2024 | ||
| 34 | 34
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respm
Memorandum of Law in Opposition to Motion
Tue 09/24 11:31 PM
MEMORANDUM OF LAW in Opposition re:8 MOTION to Dismiss Complaint . For the reasons set forth above, Early Warnings Motion to Dismiss 8 should be DENIED. Alternatively, Plaintiff respectfully requests leave of court to file an amended complaint to cure any deficiencies and/or to state a claim under Rule 12(b)(6), as needed. See Hayden v. County of Nassau, 180 F.3d 42, 53 (2d Cir. 1999) (citing Ronzani v. Sanofi S.A., 899 F.2d 195, 198 (2d Cir. 1990)) (When a motion to dismiss is granted, the usual practice is to grant leave to amend the complaint.) . Document filed by Antoine Keane..(Ponder, Brian) |
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| Monday, September 16, 2024 | ||
| 33 | 33
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Mon 09/16 3:40 PM
ORDER granting32 Letter Motion for Extension of Time to File Response/Reply Application GRANTED. Plaintiff shall file his opposition to Defendant Ford Credit's motion to dismiss by October 25, 2024. The Clerk of Court is directed to terminate ECF No. 32. SO ORDERED. Responses due by 10/25/2024. (Signed by Judge Jennifer H. Rearden on 9/16/2024) (jca) |
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| 32 | 32
motion
Extension of Time to File Response/Reply
Mon 09/16 10:54 AM
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to26 Memorandum of Law in Support of Motion,25 FIRST MOTION to Dismiss . ("Plaintiff requests that his time to oppose Ford Credits Motion 25 be extended to 10/25/2024.") addressed to Judge Jennifer H. Rearden from Plaintiff Antoine Keane via Brian L. Ponder, Esq., Attorney of Record dated September 16, 2024. Document filed by Antoine Keane..(Ponder, Brian) |
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| Wednesday, September 11, 2024 | ||
| 31 | 31
1
pgs
order
Order on Motion to Adjourn Conference
Wed 09/11 4:48 PM
ORDER granting29 Letter Motion to Adjourn Conference Per the Court's August 22, 2024 Notice of Reassignment, "all prior orders, dates, and deadlines shall remain in effect notwithstanding the reassignment.... However, all previously scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court." ECF No. 13. Accordingly, the September 20, 2024 status conference has been adjourned sine die. In addition, the deadline to submit the joint letter described in ECF No. 3 is hereby adjourned. The Clerk of Court is directed to terminate ECF No. 29.. (Signed by Judge Jennifer H. Rearden on 9/11/2024) (jca) |
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| 30 | 30
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pgs
order
Order on Motion for Extension of Time to File Response/Reply
Wed 09/11 4:42 PM
ORDER granting28 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. Plaintiff shall respond to the Key Defendants'motion to dismiss by October 15, 2024. The Clerk of Court is directed to terminate ECF No. 28. SO ORDERED. Responses due by 10/15/2024. (Signed by Judge Jennifer H. Rearden on 9/11/2024) (jca) |
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| Tuesday, September 10, 2024 | ||
| 29 | 29
motion
Adjourn Conference
Tue 09/10 4:42 PM
EMERGENCY LETTER MOTION to Adjourn Conference (On 8/15/2024, Judge Abrams entered an Order 3 , requiring the Parties to submit a joint letter on 9/13/2024, and appear by phone for an initial status conference on 9/20/2024, at 3:00 p.m. Plaintiff respectfully requests to know if said Order 3 is still in effect or whether it is adjourned to another date or modified as to the call-in number provided or in any other way by this Court.) addressed to Judge Jennifer H. Rearden from Plaintiff Antoine Keane via Brian L. Ponder, Esq., Attorney of Record dated September 10, 2024. Document filed by Antoine Keane..(Ponder, Brian) |
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| 28 | 28
motion
Extension of Time to File Response/Reply
Tue 09/10 1:46 PM
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to21 MOTION to Dismiss .,22 Memorandum of Law in Support of Motion Plaintiff requests that his time to oppose Key Defendants Rule 12(b)(6) Motion to Dismiss 21 be extended to 10/15/2024. addressed to Judge Jennifer H. Rearden from Plaintiff Antoine Keane via Brian L. Ponder, Esq., Attorney of Record dated September 10, 2024. Document filed by Antoine Keane..(Ponder, Brian) |
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| Monday, September 09, 2024 | ||
| 27 | 27
misc
Rule 7.1 Corporate Disclosure Statement
Mon 09/09 1:01 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent KeyCorp for KeyBank National Association; Other Affiliate Blackrock, Inc., Other Affiliate Vanguard Group, Inc. for KeyCorp. Document filed by KeyBank National Association, KeyCorp..(Sabbidine, Mohammad) |
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| Tuesday, September 03, 2024 | ||
| 26 | 26
9
pgs
respm
Memorandum of Law in Support of Motion
Tue 09/03 2:14 PM
MEMORANDUM OF LAW in Support re:25 FIRST MOTION to Dismiss . . Document filed by Ford Motor Credit Company..(Fazio, Peter) |
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| 25 | 25
motion
Dismiss
Tue 09/03 2:11 PM
FIRST MOTION to Dismiss . Document filed by Ford Motor Credit Company..(Fazio, Peter) |
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Att: 1
Proposed Order Proposed Order Granting Ford Motor Credit Company LLC's Motion to Dismiss
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| 24 | 24
misc
Rule 7.1 Corporate Disclosure Statement
Tue 09/03 2:05 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ford Motor Company for Ford Motor Credit Company. Document filed by Ford Motor Credit Company..(Fazio, Peter) |
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| 23 | 23
notice
Notice of Appearance
Tue 09/03 2:03 PM
NOTICE OF APPEARANCE by Peter Joseph Fazio on behalf of Ford Motor Credit Company..(Fazio, Peter) |
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| Friday, August 30, 2024 | ||
| 22 | 22
13
pgs
respm
Memorandum of Law in Support of Motion
Fri 08/30 3:15 PM
MEMORANDUM OF LAW in Support re:21 MOTION to Dismiss . . Document filed by KeyBank National Association, KeyCorp..(Sabbidine, Mohammad) |
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| 21 | 21
motion
Dismiss
Fri 08/30 3:13 PM
MOTION to Dismiss . Document filed by KeyBank National Association, KeyCorp..(Sabbidine, Mohammad) |
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Att: 1
Proposed Order Granting Key Defendants' Motion to Dismiss
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| 20 | 20
notice
Notice of Appearance
Fri 08/30 3:07 PM
NOTICE OF APPEARANCE by Mohammad Karim Sabbidine on behalf of KeyBank National Association, KeyCorp..(Sabbidine, Mohammad) |
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| Tuesday, August 27, 2024 | ||
| 19 | 19
order
Order on Motion to Appear Pro Hac Vice
Tue 08/27 1:23 PM
ORDER granting18 Motion for Makenzie P. Leh to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi) |
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| 18 | 18
motion
Appear Pro Hac Vice
Tue 08/27 10:42 AM
MOTION for Makenzie P. Leh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29806119. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Trans Union (of Delaware), LLC..(Hope, Andrew) |
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misc
Notice Regarding Pro Hac Vice Motion
Tue 08/27 11:29 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Makenzie P. Leh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29806119. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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| Monday, August 26, 2024 | ||
| 17 | 17
respm
Response in Support of Motion
Mon 08/26 10:43 AM
RESPONSE in Support of Motion re:16 MOTION for Makenzie P. Leh to Appear Pro Hac Vice Affidavit in Support, COS and Cert of Good Standing . Filing fee $ 200.00, receipt number ANYSDC-29799254. Motion and supporting papers to be reviewed by Clerk's . Document filed by Antoine Keane..(Ponder, Brian) |
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| 16 | 16
motion
Appear Pro Hac Vice
Mon 08/26 10:15 AM
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Makenzie P. Leh to Appear Pro Hac Vice Affidavit in Support, COS and Cert of Good Standing . Filing fee $ 200.00, receipt number ANYSDC-29799254. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Trans Union (of Delaware), LLC..(Hope, Andrew) Modified on 8/26/2024 (bc) |
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| 15 | 15
notice
Notice of Appearance
Mon 08/26 9:55 AM
NOTICE OF APPEARANCE by Andrew George Hope on behalf of Trans Union (of Delaware), LLC..(Hope, Andrew) |
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Mon 08/26 10:51 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 16 MOTION for Makenzie P. Leh to Appear Pro Hac Vice Affidavit in Support, COS and Cert of Good Standing. Filing fee $ 200.00, receipt number ANYSDC-29799254. Motion and supporting papers to be reviewed by Clerk's The filing is deficient for the following reason(s): motion needs wet signature because different pacer account and Judges initials are wrong in Case number;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc) |
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| Thursday, August 22, 2024 | ||
| 14 | 14
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Fri 08/23 10:28 AM
ORDER granting12 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. Plaintiff's time to respond to Defendant Early Warning Services' motion to dismiss is extended to October 2, 2024. The Clerk of Court is directed to terminate ECF No. 12. SO ORDERED. Responses due by 10/2/2024. (Signed by Judge Jennifer H. Rearden on 8/22/2024) (tg) |
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| 13 | 13
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pgs
order
Order ~Util - Set Deadlines/Hearings
Fri 08/23 10:25 AM
NOTICE OF REASSIGNMENT: This case has been reassigned to this Court. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. If this case has been settled or otherwise terminated, counsel should ensure that a stipulation of discontinuance, voluntary dismissal, or other appropriate proof of termination is filed on the docket, using the proper ECF Filing Event. See S.D.N.Y. Electronic Case Filing Rules & Instructions §§ 13.17-13.18, 13.20. Requests for extensions or adjournment of dates not affected by this Order may be made only in accordance with the Courts Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 8/22/2024) (tg) |
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| 12 | 12
motion
Extension of Time to File Response/Reply
Thu 08/22 12:14 PM
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to9 Memorandum of Law in Support of Motion,10 Proposed Order,8 MOTION to Dismiss Complaint . Plaintiff requests that his time to oppose EWS Motion to Dismiss 8 be extended to 10/2/2024. addressed to Judge Jennifer H. Rearden from Plaintiff Antoine Keane via Brian L. Ponder, Esq., Attorney of Record dated August 22, 2024. Document filed by Antoine Keane..(Ponder, Brian) |
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| Wednesday, August 21, 2024 | ||
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notice
Notice of Case Assignment/Reassignment
Wed 08/21 3:15 PM
NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Ronnie Abrams is no longer assigned to the case. (tro) |
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| Tuesday, August 20, 2024 | ||
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misc
Notice to Court Regarding Proposed Order
Tue 08/20 12:24 PM
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 10 Proposed Order was reviewed and approved as to form. (tp) |
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| Monday, August 19, 2024 | ||
| 11 | 11
misc
Rule 7.1 Corporate Disclosure Statement
Mon 08/19 5:19 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Wells Fargo Bank, National Association, Other Affiliate PNC Bank, National Association, Other Affiliate Capital One, National Association, Other Affiliate U.S. Bank National Association, Other Affiliate Truist Bank, Other Affiliate Bank of America, National Association, Other Affiliate JP Morgan Chase Bank, National Association for Early Warning Services, LLC. Document filed by Early Warning Services, LLC..(DeFazio, Joseph) |
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| 10 | 10
misc
Proposed Order
Mon 08/19 5:05 PM
PROPOSED ORDER. Document filed by Early Warning Services, LLC. Related Document Number:8 ..(DeFazio, Joseph) |
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| 9 | 9
11
pgs
respm
Memorandum of Law in Support of Motion
Mon 08/19 5:02 PM
MEMORANDUM OF LAW in Support re:8 MOTION to Dismiss Complaint . . Document filed by Early Warning Services, LLC..(DeFazio, Joseph) |
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| 8 | 8
motion
Dismiss
Mon 08/19 5:01 PM
MOTION to Dismiss Complaint . Document filed by Early Warning Services, LLC..(DeFazio, Joseph) |
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Att: 1
Proposed Order Proposed Order
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| 7 | 7
answer
Answer to Complaint
Mon 08/19 1:55 PM
ANSWER to Complaint. Document filed by Trans Union (of Delaware), LLC..(Weyand, Jacqueline) |
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| Friday, August 16, 2024 | ||
| 6 | 6
1
pgs
order
Order on Motion for Extension of Time to Answer
Fri 08/16 12:53 PM
ORDER granting5 Letter Motion for Extension of Time to Answer re1 Notice of Removal,,. Application granted. SO ORDERED. KeyBank National Association answer due 8/30/2024; KeyCorp answer due 8/30/2024. (Signed by Judge Ronnie Abrams on 8/16/2024) (tg) |
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| Thursday, August 15, 2024 | ||
| 5 | 5
motion
Extension of Time to File Answer
Thu 08/15 12:54 PM
CONSENT LETTER MOTION for Extension of Time to File Answer re:1 Notice of Removal,, addressed to Judge Ronnie Abrams from Emily J. Mathieu dated August 15, 2024. Document filed by KeyBank National Association, KeyCorp..(Mathieu, Emily) |
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| 4 | 4
notice
Notice of Appearance
Thu 08/15 12:37 PM
NOTICE OF APPEARANCE by Brian Lamar Ponder on behalf of Antoine Keane..(Ponder, Brian) |
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| 3 | 3
2
pgs
order
Order for Initial Pretrial Conference
Thu 08/15 11:06 AM
ORDER AND NOTICE OF INITIAL CONFERENCE: IT IS FURTHER ORDERED that counsel for all parties appear for an initial status conference on September 20, 2024 at 3:00 p.m. Unless the parties request otherwise, the Court will hold this conference by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. If that date or time is inconvenient for the parties, they shall notify the Court by no later than September 13, 2024. SO ORDERED. Initial Conference set for 9/20/2024 at 03:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 8/15/2024) (tg) |
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| Tuesday, August 13, 2024 | ||
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notice
Case Opening Initial Assignment Notice
Tue 08/13 10:09 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Tue 08/13 10:11 AM
Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) |
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utility
Case Designated ECF
Tue 08/13 10:11 AM
Case Designated ECF. (pc) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Tue 08/13 10:11 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jacqueline M Weyand. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
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| Monday, August 12, 2024 | ||
| 2 | 2
misc
Rule 7.1 Corporate Disclosure Statement
Mon 08/12 9:18 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TransUnion, Corporate Parent TransUnion Intermediate Holdings, Inc., Other Affiliate T. Rowe Price Group, Inc. for Trans Union (of Delaware), LLC. Document filed by Trans Union (of Delaware), LLC..(Weyand, Jacqueline) |
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| 1 | 1
notice
Notice of Removal
Mon 08/12 8:34 PM
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 156169/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-29740012).Document filed by Trans Union (of Delaware), LLC..(Weyand, Jacqueline) |
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Att: 1
Exhibit A - State Court Complaint (156169/2024),
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Att: 2
Exhibit B - State Court Summons,
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Att: 3
Exhibit C - Defendants Key Corp, Key Bank National and Ford Motor Credit Company Consents to Removal,
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Att: 4
Exhibit D - Notice of Filing Notice of Removal
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