Consumer Financial Protection Bureau v. Sprint Corporation
New York Southern District Court | |
Judge: | William H Pauley, III |
Case #: | 1:14-cv-09931 |
Nature of Suit | 890 Other Statutes - Other Statutory Actions |
Cause | 28:1331 Fed. Question |
Case Filed: | Dec 17, 2014 |
Terminated: | Jun 30, 2015 |
Last checked: Monday Jun 15, 2015 11:28 AM EDT |
Defendant
Sprint Corporation
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Represented By
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Plaintiff
Consumer Financial Protection Bureau
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Represented By
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Docket last updated: 05/09/2025 11:59 PM EDT |
Tuesday, June 20, 2017 | ||
46 | 46
![]() OPINION AND ORDER. For the foregoing reasons, the State AGs and Sprint's motions are denied. Sprint is directed to wire the remaining funds to the CFPB pursuant to paragraph 22 of the Redress Plan forthwith. The CFPB is directed to deposit the unexpended funds, including any accrued interest, with the U.S. Treasury as disgorgement forthwith. The Clerk of Court is directed to terminate the motion pending at ECF No. 28. So ordered. re:28 FIRST MOTION to Intervene to Modify Stipulated Final Judgment and Order filed by Attorneys General for States of Connecticut, Indiana, Kansas and Vermont. (Signed by Judge William H. Pauley, III on 6/20/2017) (rjm) |
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Wednesday, May 24, 2017 | ||
45 | 45
![]() BRIEF re:41 Order,,,,,, . Document filed by Sprint Corporation.(Chapman, Jeffrey) |
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44 | 44
![]() BRIEF re:40 Memorandum of Law in Support of Motion, . Document filed by Attorneys General for States of Connecticut, Indiana, Kansas and Vermont.(Massicotte, Kimberly) |
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Wednesday, May 10, 2017 | ||
43 | 43
![]() BRIEF re:41 Order,,,,,, Plaintiffs Memorandum on the Joint Motion to Intervene to Modify Stipulated Final Judgment and Order . Document filed by Consumer Financial Protection Bureau.(Ehrlich, Jeffrey) |
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42 | 42
![]() NOTICE of Statement of Interest re:28 FIRST MOTION to Intervene to Modify Stipulated Final Judgment and Order .. Document filed by United States Of America. (Tulis, Elizabeth) |
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Wednesday, April 19, 2017 | ||
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Received Return Receipt of Order by Certified Mail
Wed 04/19 3:53 PM
Received Return Receipt of41 Order, as to Joon H. Kim, Acting U.S. Attorney for the Southern District of New York, One St. Andrews Plaza, New York, New York 10007 which was served by Certified Mail #7016 3010 0000 2429 3066: Chad A. Readler, Acting Associate Attorney General, U.S. Department of Justice, Civil Division, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530-0001, which was served by Certified Mail #7016 3010 0000 2429 3059, on 4/17/2017. (jgo) |
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Monday, April 10, 2017 | ||
41 | 41
![]() MEMORANDUM & ORDER: Given the peculiar posture of the intervention application, this Court needs to hear from the Government. As the plaintiff in this action, the CFPB must take a position. Equally important, the United States government has a direct interest because, under the Consent Order, unexpended funds are to be paid to the U.S. Treasury. Therefore, this Court directs the CFPB and the Department of Justice to respond separately to the proposed intervenors' motion and application to modify the Consent Order. In its responsive submission, the CFPB should advise this Court where the unexpended funds have been deposited during the pendency of the intervenors' application. While the CFPB has independent litigation authority and can speak for itself (see 12 U.S.C. § 5564(b)), the Department of Justice should set forth the Department of Treasurys position on the proposed modification. The CFPB and the Department of Justice are directed to file their respective memoranda by May 10, 2017. The Attorneys General and Sprint may file responsive memoranda by May 24, 2017. When the submissions are complete, this Court will be better positioned to decide the pending application for intervention and modification of the Consent Order. The Clerk of Court is directed to mail copies of this Memorandum and Order to Joon H. Kim, Acting U.S. Attorney for the Southern District of New York, One St. Andrews Plaza, New York, New York 10007, and Chad A. Readler, Acting Associate Attorney General, U.S. Department of Justice, Civil Division, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530-0001. (Signed by Judge William H. Pauley, III on 4/10/2017) (tro) |
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Transmission to Docket Assistant Clerk
Mon 04/10 12:04 PM
Transmission to Docket Assistant Clerk. Transmitted re:41 Order to the Docket Assistant Clerk for case processing. (tro) |
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Mail Order by Certified Mail
Mon 04/10 12:38 PM
Mailed a copy of41 Order, to Joon H. Kim, Acting U.S. Attorney for the Southern District of New York, One St. Andrews Plaza, New York, New York 10007 by Certified Mail #7016 3010 0000 2429 3066 with Return Receipt Requested: Chad A. Readler, Acting Associate Attorney General, U.S. Department of Justice, Civil Division, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530-0001 by Certified Mail #7016 3010 0000 2429 3059 with Return Receipt Requested. (jgo) |
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Monday, February 13, 2017 | ||
40 | 40
![]() JOINT MEMORANDUM OF LAW in Support re:28 FIRST MOTION to Intervene to Modify Stipulated Final Judgment and Order . . Document filed by Attorneys General for States of Connecticut, Indiana, Kansas and Vermont.(Massicotte, Kimberly) |
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Wednesday, February 08, 2017 | ||
39 | 39
![]() ORDER FOR ADMISSION PRO HAC VICE granting38 Motion for Patricia Hensler to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 2/8/2017) (cla) |
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Tuesday, February 07, 2017 | ||
38 | 38
![]() MOTION for Patricia Hensler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau.(Hensler, Patricia) |
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Notice Regarding Pro Hac Vice Motion
Tue 02/07 2:02 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 38 MOTION for Patricia Hensler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
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Friday, January 27, 2017 | ||
37 | 37
![]() ORDER granting36 Letter Motion for Extension of Time to File Response/Reply re28 FIRST MOTION to Intervene to Modify Stipulated Final Judgment and Order . Application granted. (Signed by Judge William H. Pauley, III on 1/27/2017) (cla) |
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36 | 36
![]() FIRST LETTER MOTION for Extension of Time addressed to Judge William H. Pauley, III from Kimberly Massicotte dated 1/27/17., FIRST LETTER MOTION for Extension of Time to File Response/Reply as to35 Response in Opposition to Motion addressed to Judge William H. Pauley, III from Kimberly Massicotte dated 1/27/17.( Return Date set for 2/13/2017 at 05:00 PM.) Document filed by Attorneys General for States of Connecticut, Indiana, Kansas and Vermont.(Massicotte, Kimberly) |
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Tuesday, January 24, 2017 | ||
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Notice Regarding Deficient Motion to Appear Pro Hac Vice
Tue 01/24 9:24 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 34 MOTION for Patricia Hensler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Corrected 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.. (bcu) |
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Monday, January 23, 2017 | ||
35 | 35
![]() RESPONSE in Opposition to Motion re:28 FIRST MOTION to Intervene to Modify Stipulated Final Judgment and Order . . Document filed by Sprint Corporation. (Chapman, Jeffrey) |
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34 | 34
![]() MOTION for Patricia Hensler to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau.(Hensler, Patricia) |
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33 | 33
![]() FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Patricia Hensler to Appear Pro Hac Vice for the Consumer Financial Protection Bureau . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau.(Hensler, Patricia) Modified on 1/23/2017 (ma) |
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Notice Regarding Deficient Motion to Appear Pro Hac Vice
Mon 01/23 4:26 PM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 33 MOTION for Patricia Hensler to Appear Pro Hac Vice for the Consumer Financial Protection Bureau. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF FLORIDA;. 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.. (ma) |
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Friday, January 20, 2017 | ||
32 | 32
![]() LETTER REPLY to Response to Motion addressed to Judge William H. Pauley, III from Kimberly Massicotte dated 1-19-17 re:28 FIRST MOTION to Intervene to Modify Stipulated Final Judgment and Order . Response to Letter from Jeffrey Chapman for Defendant Sprint Corporation Dated 1/17/17 . Document filed by Attorneys General for States of Connecticut, Indiana, Kansas and Vermont. (Massicotte, Kimberly) |
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Thursday, January 19, 2017 | ||
31 | 31
![]() MEMO ENDORSEMENT on re:30 Letter re: Motion to Intervene to Modify Stipulated Final Judgment and Order filed by Sprint Corporation. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 1/19/2017) (cla) |
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Tuesday, January 17, 2017 | ||
30 | 30
![]() LETTER addressed to Judge William H. Pauley, III from Jeffrey J. Chapman dated January 17, 2017 re: Motion to Intervene to Modify Stipulated Final Judgment and Order. Document filed by Sprint Corporation.(Chapman, Jeffrey) |
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Tuesday, January 03, 2017 | ||
29 | 29
![]() MEMORANDUM OF LAW in Support re:28 FIRST MOTION to Intervene to Modify Stipulated Final Judgment and Order . . Document filed by Attorneys General for States of Connecticut, Indiana, Kansas and Vermont.(Massicotte, Kimberly) |
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28 | 28
![]() FIRST MOTION to Intervene to Modify Stipulated Final Judgment and Order . Document filed by Attorneys General for States of Connecticut, Indiana, Kansas and Vermont.(Massicotte, Kimberly) |
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27 | 27
![]() NOTICE OF APPEARANCE by Kimberly Pavelec Massicotte on behalf of Attorneys General for States of Connecticut, Indiana, Kansas and Vermont. (Massicotte, Kimberly) |
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Thursday, July 09, 2015 | ||
26 | 26
![]() NOTICE OF CHANGE OF ADDRESS by Jeffrey M Hanna on behalf of Sprint Corporation. New Address: McGuireWoods LLP, 800 East Canal Street, Richmond, Virginia, USA 23219, (804) 775-1001. (Hanna, Jeffrey) |
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Tuesday, June 30, 2015 | ||
25 | 25
![]() STIPULATED FINAL JUDGMENT AND ORDER: The Consumer Financial Protection Bureau ("Bureau") commenced this civil action against Defendant Sprint Corporation ("Sprint") on December 17, 2014 to obtain injunctive relief, damages or other monetary relief, civil penalties, and other relief. The Complaint alleges that from 2004 through 2013, Sprint violated Section 1036(a)(1)(B) of the Consumer Financial Protection Act by charging its wireless customers for unauthorized third-party charges. The Bureau and Sprint, by and through their respective counsel, have requested that the Court enter this Stipulated Final Judgment and Order ("Order"). This Court has jurisdiction over the parties and the subject matter of this action. The Bureau and Sprint agree to the entry of this Order, without adjudication of any issue of fact or law, to settle and resolve all matters in this dispute arising from the conduct alleged in the Complaint to the date this Order is entered. Sprint neither admits nor denies any allegations in the Complaint, except as specifically stated in this Order. For purposes of this Order, Sprint admits to the facts necessary to establish the Court's jurisdiction over Sprint and the subject matter of this action. Sprint and the Bureau waive all rights to seek judicial review or otherwise challenge or contest the validity of this Order. Sprint also waives any claim it may have under the Equal Access to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action to the date of this Order. Each party will bear its own costs and expenses, including without limitation attorneys' fees. Entry of this Order is in the public interest. Within 30 days of the Effective Date, Sprint will reserve $50,000,000 ("Redress Amount") for the purpose of providing redress to Consumers. The Redress Amount must be identified as a liability in Sprint's budget. Sprint submitted a comprehensive written plan for providing redress consistent with this Order ("Redress Plan") to the Enforcement Director. The Enforcement Director has not objected to this plan. Under the terms of the Redress Plan, Sprint will provide up to $50,000,000 for the purpose of providing redress to Consumers. Sprint will provide notice of Consumers' right to file claims and receive redress, under the supervision of the Bureau, according to the terms set forth in the Redress Plan. (As further set forth in this Judgment.) (Signed by Judge William H. Pauley, III on 6/30/2015)(mro) |
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Monday, June 15, 2015 | ||
24 | 24
![]() MEMORANDUM OF LAW in Support re:19 MOTION to Approve Consent Judgment . . Document filed by Sprint Corporation.(Chapman, Jeffrey) |
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23 | 23
![]() MEMORANDUM OF LAW in Support re:19 MOTION to Approve Consent Judgment . . Document filed by Consumer Financial Protection Bureau. (Stout, Genessa) |
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Friday, June 12, 2015 | ||
22 | 22
![]() MOTION for Jeffrey M. Hanna to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11026484. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sprint Corporation.(Hanna, Jeffrey) |
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21 | 21
![]() DECLARATION in Support re:19 MOTION to Approve Consent Judgment .. Document filed by Consumer Financial Protection Bureau.(Stout, Genessa) |
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20 | 20
![]() MEMORANDUM OF LAW in Opposition re:19 MOTION to Approve Consent Judgment . . Document filed by Consumer Financial Protection Bureau. (Stout, Genessa) |
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19 | 19
![]() MOTION to Approve Consent Judgment . Document filed by Consumer Financial Protection Bureau.(Stout, Genessa) |
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18 | 18
![]() MOTION to Approve Consent Judgment . Document filed by Consumer Financial Protection Bureau.(Stout, Genessa) |
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Notice Regarding Pro Hac Vice Motion
Fri 06/12 11:41 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 22 MOTION for Jeffrey M. Hanna to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11026484. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Friday, May 29, 2015 | ||
17 | 17
![]() INTERNET CITATION NOTE: Material from decision with Internet citation re:16 Order. (vf) |
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Tuesday, May 19, 2015 | ||
16 | 16
![]() MEMORANDUM & ORDER: While a pre-motion conference is not necessary, the parties are directed to submit a motion explaining why this proposed settlement is fair, reasonable, and does not disserve the public interest. The motion should conform to the Southern District of New York Local Rules (see S.D.N.Y. Local Rule 7.1) and this Court's Individual Practices. The motion may be filed as soon as practicable. This Court may take the motion on submission, or schedule oral argument if, after reviewing the motion papers, it deems it appropriate. (Signed by Judge William H. Pauley, III on 5/19/2015) Copies sent by Chambers. (spo) |
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Friday, May 15, 2015 | ||
15 | 15
![]() LETTER addressed to Judge William H. Pauley, III from Genessa Stout dated May 12, 2015 re: Joint Motion of the Parties to Enter a Stipulated Final Order and Judgment. Document filed by Consumer Financial Protection Bureau.(Stout, Genessa) |
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Notice to Attorney to Re-File Document - Event Type Error
Fri 05/15 9:02 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Genessa Stout to RE-FILE Document 14 JOINT MOTION to Approve Consent Judgment . Use the event type Letter found under the event list Other Documents. (db) |
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Tuesday, May 12, 2015 | ||
14 | 14
![]() JOINT MOTION to Approve Consent Judgment . Document filed by Consumer Financial Protection Bureau.(Stout, Genessa) |
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Tuesday, March 31, 2015 | ||
13 | 13
![]() SCHEDULING ORDER: The parties having appeared for a conference on March 27, 2015, the following schedule is established on consent: 1. The parties shall exchange initial disclosures by April 30, 2015; 2. The parties shall identify experts by September 18, 2015; 3. Fact discovery shall be completed by October 19, 2015; 4. Expert discovery shall be completed by January 15, 2016; 5. The parties shall submit a joint pre-trial order by February 15, 2016; and 6. The parties shall appear for a final pre-trial conference on February 26, 2016 at 10:30 a.m. Fact Discovery due by 10/19/2015. Expert Discovery due by 1/15/2016. Final Pretrial Conference set for 2/26/2016 at 10:30 AM before Judge William H. Pauley III. Pretrial Order due by 2/15/2016. (Signed by Judge William H. Pauley, III on 3/31/2015) (mro) |
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Monday, March 23, 2015 | ||
12 | 12
![]() ANSWER to1 Complaint with JURY DEMAND. Document filed by Sprint Corporation.(Chapman, Jeffrey) |
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11 | 11
![]() RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Softbank Corp. for Sprint Corporation. Document filed by Sprint Corporation.(Chapman, Jeffrey) |
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Friday, March 20, 2015 | ||
10 | 10
![]() ORDER denying9 Letter Motion for Extension of Time. This Court's Individual Practices require all communications to be in writing, and applications for adjournments to set forth good reason. Communications with law clerks are neither authorized, nor controlling. Accordingly, the application is denied, without prejudice. SO ORDRED. (Signed by Judge William H. Pauley, III on 3/20/2015) (kl) |
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Thursday, March 19, 2015 | ||
9 | 9
![]() LETTER MOTION for Extension of Time addressed to Judge William H. Pauley, III from Jeffrey J. Chapman and Genessa Stout dated March 19, 2015. Document filed by Sprint Corporation.(Chapman, Jeffrey) |
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8 | 8
![]() RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Sprint Corporation.(Chapman, Jeffrey) |
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Wednesday, February 18, 2015 | ||
7 | 7
![]() ORDER granting5 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge William H. Pauley, III on 2/18/2015) (ajs) |
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utility
Set/Reset Deadlines
Wed 02/18 5:42 PM
Set/Reset Deadlines: Sprint Corporation answer due 3/23/2015. (ajs) |
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Thursday, February 12, 2015 | ||
5 | 5
![]() LETTER MOTION for Extension of Time to answer, move, or otherwise respond to the complaint addressed to Judge William H. Pauley, III from Jeffrey J. Chapman dated February 12, 2015. Document filed by Sprint Corporation.(Chapman, Jeffrey) |
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Wednesday, February 11, 2015 | ||
6 | 6
![]() ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/27/2015 at 11:00 AM in Courtroom 20B at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 2/11/2015) (mro) |
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Tuesday, January 06, 2015 | ||
4 | 4
![]() WAIVER OF SERVICE RETURNED EXECUTED. Sprint Corporation waiver sent on 12/22/2014, answer due 2/20/2015. Document filed by Consumer Financial Protection Bureau. (Stout, Genessa) |
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Tuesday, December 23, 2014 | ||
3 | 3
![]() NOTICE OF APPEARANCE by Jeffrey James Chapman on behalf of Sprint Corporation. (Chapman, Jeffrey) |
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Wednesday, December 17, 2014 | ||
2 | 2
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Civil Cover Sheet
Thu 12/18 1:16 PM
CIVIL COVER SHEET filed. (rw) |
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1 | 1
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Complaint
Thu 12/18 1:11 PM
COMPLAINT against Sprint Corporation. Document filed by Consumer Financial Protection Bureau.(rw) |
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Summons Issued
Thu 12/18 1:14 PM
SUMMONS ISSUED as to Sprint Corporation. (rw) |
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Case Designation
Thu 12/18 1:15 PM
Magistrate Judge Gabriel W. Gorenstein is so designated. (rw) |
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Case Designated ECF
Thu 12/18 1:16 PM
Case Designated ECF. (rw) |