Foley v. Capital One, N.A.
| New York Southern District Court | |
| Judge: | Vernon S Broderick |
| Referred: | Robert W Lehrburger |
| Case #: | 1:25-cv-01526 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Fed. Question: Other |
| Case Filed: | Feb 24, 2025 |
| Last checked: Friday Apr 11, 2025 6:24 AM EDT |
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Defendant
Capital One, N.A.
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Represented By
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Plaintiff
Joseph W. Foley
70 Irving Place
New York, NY 10003 |
| Docket last updated: 1 hours ago |
| Wednesday, May 21, 2025 | ||
| 58 | 58
order
Order
Wed 05/21 10:01 AM
ORDER. Dkts. 16 and 17 are terminated as moot in light of subsequent proceedings. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Rodriguez, Dillon) |
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| Tuesday, May 20, 2025 | ||
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misc
Notice Regarding Deleted Document
Tue 05/20 6:42 PM
***DELETED DOCUMENT. Deleted document number 55 NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT. The document was incorrectly filed in this case. (ar) |
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| Monday, May 19, 2025 | ||
| 57 | 57
misc
Rule 56.1 Statement
Tue 05/20 6:51 PM
PLAINTIFF'S STATEMENT OF UNDISPUTED MATERIAL FACTS. Document filed by Joseph W. Foley. (jjc) |
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| 56 | 56
respm
Declaration in Support of Motion
Tue 05/20 6:44 PM
DECLARATION OF JOSEPH W. FOLEY IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT re:54 MOTION for Partial Summary Judgment. Document filed by Joseph W. Foley. (ar) |
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| 55 | 55
19
pgs
respm
Memorandum of Law in Support of Motion
Tue 05/20 6:43 PM
MEMORANDUM OF LAW in Support of Plaintiff's Motion for Summary Judgment re:54 MOTION for Partial Summary Judgment. Document filed by Joseph W. Foley. (ar) |
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| 54 | 54
motion
Partial Summary Judgment
Tue 05/20 3:32 PM
NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT. Document filed by Joseph W. Foley. (ar) |
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| Thursday, May 15, 2025 | ||
| 53 | 53
2
pgs
order
Order ~Util - Set Deadlines
Thu 05/15 4:50 PM
ORDER: As discussed at the conference held via Microsoft Teams on May 15, 2025: 1. Plaintiff may proceed with filing a summary judgment motion devoted to the following issue: Assuming that Plaintiff never signed a document agreeing to personal liability for the Capital One credit card accounts of his corporate entities (LLCs, or other form if applicable), can Plaintiff nevertheless be personally liable based on the terms of the Capital One Customer Agreements and customer kits appearing at Dkt. 51-1 through 51-4, whether alone or in combination with use of the credit card accounts by those corporate entities? 2. In conjunction with addressing the substantive summary judgment issue set forth above, the parties shall also address what jurisdiction's law - New York, Virginia, or other - governs determination of the issue. 3. Plaintiff shall file his opening brief by May 21, 2025. Defendant shall file its opposition by June 4, 2025. Plaintiff shall file his reply, if any, by June 6, 2025. 4. Plaintiff's letter motion at Dkt. 40 for preclusion and sanctions are denied without prejudice to renew. SO ORDERED. Copies transmitted this date to all parties. (Brief due by 5/21/2025., Reply to Response to Brief due by 6/6/2025., Responses to Brief due by 6/4/2025.) (Signed by Magistrate Judge Robert W. Lehrburger on 5/15/2025) (mml) |
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minutes
Case Management Conference
Thu 05/15 12:16 PM
Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Case Management Conference held on 5/15/2025 at 11:30 a.m. (rsh) |
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