Bautista v. Capital One Financial Corporation et al

Texas Northern District Court
Judge:David C Godbey
Referred: Rebecca Rutherford
Case #: 3:24-cv-03010
Nature of Suit480 Other Statutes - Consumer Credit
Cause15:1681 Fair Credit Reporting Act
Case Filed:Dec 02, 2024
Case in other court:Dallas County District Court, DC-24-18868
Last checked: Thursday Jan 16, 2025 4:01 AM CST
Defendant
Capital One Financial Corporation
Represented By
David H Herrold
Burke Bogdonawicz PLLC
contact info
Defendant
Capital One National Association
Represented By
David H Herrold
Burke Bogdonawicz PLLC
contact info
Defendant
Capital One Services LLC
Represented By
David H Herrold
Burke Bogdonawicz PLLC
contact info
Defendant
Equifax Inc
Defendant
Experian Corporation
Defendant
TransUnion
Plaintiff
Robert Allen Bautista
PO Box 131385
Dallas, TX 75313


Docket last updated: 05/08/2025 11:59 PM CDT
Monday, April 21, 2025
33 33 motion Dismiss Mon 04/21 1:03 PM
Joint MOTION to Dismiss of Experian Information Solutions, Inc. and Trans Union LLC filed by Experian Corporation with Brief/Memorandum in Support. (McCraw, Chance)
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Att: 1 Proposed Order
32 32 misc Certificate Of Interested Persons/Disclosure Statement Mon 04/21 12:56 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Experian Corporation. (Clerk QC note: Affiliate entry indicated). (McCraw, Chance)
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31 31 misc Certificate Of Interested Persons/Disclosure Statement Mon 04/21 11:48 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by TransUnion. (Clerk QC note: Affiliate entry indicated). (Fabian, Heliane)
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30 30 notice Notice of Attorney Appearance Mon 04/21 11:42 AM
NOTICE of Attorney Appearance by Heliane Fabian on behalf of TransUnion. (Filer confirms contact info in ECF is current.) (Fabian, Heliane)
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Thursday, April 10, 2025
29 29 motion Findings and Recommendations Fri 04/11 10:12 AM
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff: The Court should DENY24 Bautistas motion to remand. (Ordered by Magistrate Judge Rebecca Rutherford on 4/10/2025) (kaf)
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Monday, March 24, 2025
27 27 respm Response/Objection Mon 03/24 9:16 AM
RESPONSE filed by Capital One Financial Corporation, Capital One National Association, Capital One Services LLC re:24 First MOTION to Remand to State Court FRAUDULENT REMOVAL (Herrold, David)
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order Order on Motion for Extension of Time to File Answer Mon 03/24 5:24 PM
ELECTRONIC ORDER granting Defendant Experian's26 First Motion for Extension of Time to File Answer. Experian must file an answer or otherwise respond to Plaintiff's Amended Complaint by April 21, 2025. (Ordered by Magistrate Judge Rebecca Rutherford on 3/24/2025) (chmb)
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Friday, March 21, 2025
26 26 motion Extension of Time to File Answer Fri 03/21 5:13 PM
First Motion for Extension of Time to File Answer filed by Experian Corporation with Brief/Memorandum in Support.Attorney Chance Brian McCraw added to party Experian Corporation(pty:dft) (McCraw, Chance)
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Att: 1 Proposed Order
Tuesday, March 04, 2025
25 25 respm Reply Tue 03/04 4:24 PM
REPLY filed by Capital One Financial Corporation, Capital One National Association, Capital One Services LLC re:20 Motion to Dismiss for Failure to State a Claim (Herrold, David)
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Monday, March 03, 2025
24 24 motion Remand to State Court Mon 03/03 12:09 PM
First MOTION to Remand to State Court FRAUDULENT REMOVAL filed by Robert Allen Bautista (Bautista, Robert)
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Tuesday, February 25, 2025
23 23 respm Reply Tue 02/25 9:57 AM
REPLY filed by Robert Allen Bautista re:18 Request for Clerk to Issue Document (Bautista, Robert)
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Tuesday, February 18, 2025
22 22 respm Reply Tue 02/18 12:27 PM
REPLY filed by Robert Allen Bautista re:20 Motion to Dismiss for Failure to State a Claim (Bautista, Robert)
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Att: 1 Exhibit(s),
Att: 2 Exhibit(s)
Wednesday, February 05, 2025
21 21 order Order Wed 02/05 4:34 PM
ELECTRONIC ORDER: Defendant has filed a20 Rule 12(b)(6) motion to dismiss Plaintiff's complaint for failure to state a claim upon which relief can be granted. Plaintiff must a file a written response to Defendant's motion by February 25, 2025 ; Defendant may file a reply 14 days after Plaintiff files a response. N.D. Tex. L. Civ. R. 7.1(e), (f). (Ordered by Magistrate Judge Rebecca Rutherford on 2/5/2025) (chmb)
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Tuesday, February 04, 2025
20 20 motion Dismiss for Failure to State a Claim Tue 02/04 3:36 PM
Motion to Dismiss for Failure to State a Claim filed by Capital One Financial Corporation, Capital One National Association, Capital One Services LLC (Herrold, David)
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Tuesday, January 21, 2025
19 19 service Summons Issued Tue 01/21 11:12 AM
Summons Issued as to Equifax Inc, Experian Corporation, TransUnion. (agc)
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18 18 misc Request for Clerk to Issue Document Tue 01/21 9:31 AM
Request for Clerk to issue CITATION FOR JOINED PARTIES filed by Robert Allen Bautista. (Bautista, Robert)
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Friday, January 17, 2025
17 17 3 pgs order Order Fri 01/17 10:21 AM
ORDER: On 1/14/2025, Bautista filed his Second Amended Complaint (ECF No.16 ), adding a claim for breach of fiduciary duty. Accordingly, by 3/5/2025, Bautista must (a) serve his complaint on each of the Defendants and file proof of service with the Court or (b) show good cause for his failure to timely serve the Defendants. If Bautista fails to do so, the Court may recommend that his lawsuit as to Equifax Inc., Experian Corporation, and TransUnion be dismissed without prejudice. (Ordered by Magistrate Judge Rebecca Rutherford on 1/17/2025) (ykp)
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Tuesday, January 14, 2025
16 16 motion Amend/Correct Tue 01/14 6:15 AM
AMENDED COMPLAINT AND JOINDER OF DEFENDANTS against Capital One Financial Corporation, Capital One National Association, Capital One Services LLC, Equifax Inc, Experian Corporation, TransUnion filed by Robert Allen Bautista. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Bautista, Robert) Modified text on 1/14/2025 (kaf)
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Att: 1 Declaration(s)
Tuesday, December 31, 2024
15 15 order Scheduling Order Tue 12/31 11:31 AM
SCHEDULING ORDER: Amended Pleadings due by 1/23/2025. Joinder of Parties due by 1/23/2025. Discovery due by 9/10/2025. Status Report due by 10/1/2025. Motions due by 11/5/2025. (Ordered by Magistrate Judge Rebecca Rutherford on 12/31/2024) (kcr)
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Monday, December 23, 2024
14 14 misc Proposed Scheduling and Discovery Order Mon 12/23 11:07 AM
Proposal for contents of scheduling and discovery order by Capital One Financial Corporation, Capital One National Association, Capital One Services LLC. (Herrold, David)
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Thursday, December 19, 2024
13 13 respm Response/Objection Thu 12/19 12:47 PM
RESPONSE AND OBJECTION filed by Robert Allen Bautista re:12 Answer to Complaint (Notice of Removal) (Bautista, Robert)
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Wednesday, December 18, 2024
12 12 respoth Answer to Complaint (Notice of Removal) Wed 12/18 1:47 PM
ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Capital One Financial Corporation, Capital One National Association, Capital One Services LLC (Herrold, David)
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Tuesday, December 10, 2024
11 11 2 pgs order Order on Motion to Compel Order on Motion for Discovery Wed 12/11 10:01 AM
ORDER: On 12/5/2024, Bautista also filed a proposed "Amended Order to Compel Discovery" from Capital One (ECF No.10 ). But he did not file any accompanying motion. The proposed order does not allege that Bautista served any discovery on Capital One; nor does it present any argument showing Bautista is entitled to relief. Accordingly, the Court does not construe the proposed order as a motion. (Ordered by Magistrate Judge Rebecca Rutherford on 12/10/2024) (ykp)
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Thursday, December 05, 2024
10 10 motion Compel Discovery Thu 12/05 11:26 AM
Amended MOTION to Compel , Amended MOTION for Discovery () filed by Robert Allen Bautista (Bautista, Robert)
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9 9 cmp Amended Complaint Thu 12/05 11:24 AM
AMENDED NOTICE OF REMOVAL WITH JURY DEMAND against Robert Allen Bautista filed by Robert Allen Bautista. Clerk to issue summons(es) for new federal defendant(s). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Bautista, Robert) Modified text on 12/5/2024 (cfk)
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8 8 respm Reply Thu 12/05 11:21 AM
RESPONSE/Proposal for contents of scheduling and discovery order filed by Robert Allen Bautista re:7 Order for Scheduling Order Proposal (Bautista, Robert) Modified text on 12/5/2024 (knb)
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Wednesday, December 04, 2024
7 7 7 pgs order Order for Scheduling Order Proposal Wed 12/04 10:05 AM
ORDER REQUIRING PROPOSALS FOR CONTENTS OF A SCHEDULING ORDER: Proposed Scheduling Order due by 12/23/2024. (Ordered by Magistrate Judge Rebecca Rutherford on 12/4/2024) (kcr)
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Monday, December 02, 2024
6 6 notice Notice and Instruction to Pro Se Party Tue 12/03 11:02 AM
Notice and Instruction to Pro Se Party (ykp)
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5 5 qcref Godbey Tue 12/03 9:39 AM
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ykp)
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4 4 misc Certificate Of Interested Persons/Disclosure Statement Mon 12/02 5:48 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by capital one financial corporation 878185453, Capital One, National Association 006947543, Capital One Services, LLC 837630326. (Clerk QC note: Affiliate entry indicated). (Herrold, David)
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3 3 notice Notice of Attorney Appearance Mon 12/02 5:46 PM
NOTICE of Attorney Appearance by David H Herrold on behalf of capital one financial corporation 878185453, Capital One, National Association 006947543, Capital One Services, LLC 837630326. (Filer confirms contact info in ECF is current.) (Herrold, David)
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2 2 misc Additional Attachments to Main Document Mon 12/02 5:41 PM
ADDITIONAL ATTACHMENTS to1 Notice of Removal,,,,, by Defendants capital one financial corporation 878185453, Capital One, National Association 006947543, Capital One Services, LLC 837630326. (Herrold, David)
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1 1 notice Notice of Removal Mon 12/02 5:39 PM
NOTICE OF REMOVAL filed by Capital One Services, LLC 837630326, Capital One, National Association 006947543, capital one financial corporation 878185453. (Filing fee $405; receipt number ATXNDC-15098412) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Herrold, David)
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Att: 1 Exhibit(s) 1 - Index of State Court Filings & Copies of Filings