Maryland District Court
Judge:Paula Xinis
Case #: 8:22-cv-01469
Nature of Suit370 Torts - Personal Property - Other Fraud
Cause28:1332 Diversity-Fraud
Case Filed:Jun 15, 2022
Last checked: Monday Dec 12, 2022 5:20 AM EST
Defendant
USAA Federal Savings, Bank
Represented By
Kymberly Susanne Kester
Polsinelli PC
contact info
Tony William Torain, Jr
Polsinelli PC
contact info
Plaintiff
David M. Cook
7708 Rocton Avenue
Chevy Chase, MD 20815

GPO Jun 12 2023
MEMORANDUM OPINION. Signed by Judge Paula Xinis on 6/12/2023. (ybs, Deputy Clerk)

Docket last updated: 9 hours ago
Monday, November 13, 2023
35 35 respm Reply to Response to Motion Mon 11/13 2:43 PM
REPLY to Response to Motion re32 MOTION to Dismiss for Failure to State a Claim filed by USAA Federal Savings, Bank.(Kester, Kymberly)
Related: [-]
Monday, October 30, 2023
34 34 respm Response in Opposition to Motion Tue 10/31 7:52 AM
RESPONSE in Opposition re32 MOTION to Dismiss for Failure to State a Claim filed by David M. Cook.(ybs, Deputy Clerk)
Related: [-]
Att: 1 Declaration
Monday, October 02, 2023
33 33 misc Rule 12/56 Mon 10/02 1:42 PM
Rule 12/56 notice mailed to David M. Cook (ybs, Deputy Clerk)
Related: [-]
32 32 motion Dismiss for Failure to State a Claim Mon 10/02 12:56 PM
MOTION to Dismiss for Failure to State a Claim by USAA Federal Savings, Bank(Kester, Kymberly)
Related: [-]
Att: 1 Memorandum in Support of Motion to Dismiss Plaintiff's Amended Complaint,
Att: 2 Exhibit 1
Monday, September 11, 2023
31 31 2 pgs order Order on Motion to Strike Order on Motion to Amend/Correct Mon 09/11 11:30 AM
LETTER ORDER DENYING24 Motion to Strike Amended Complaint; DENYING as MOOT29 Motion for Leave to Amend; DIRECTING Defendant to answer or otherwise respond to the Amended Complaint within 21 days. Signed by Judge Paula Xinis on 9/11/2023. (ybs, Deputy Clerk)
Related: [-]
Thursday, August 03, 2023
30 30 respm Reply to Response to Motion Thu 08/03 1:15 PM
REPLY to Response to Motion re29 MOTION to Amend/Correct24 MOTION to Strike23 Amended Complaint filed by USAA Federal Savings, Bank.(Kester, Kymberly)
Related: [-]
Att: 1 Exhibit Exhibits 1 and 2
Thursday, July 20, 2023
29 29 motion Amend/Correct Thu 07/20 2:48 PM
RESPONSE in opposition to24 MOTION to Strike23 Amended Complaint or MOTION for leave to file an Amended Complaint by David M. Cook(ybs, Deputy Clerk)
Related: [-]
Tuesday, July 18, 2023
28 28 1 pgs order Order on Motion for Extension of Time to Answer Tue 07/18 2:19 PM
ORDER granting27 MOTION for Extension of Time to File Answer re23 Amended Complaint. Signed by Judge Paula Xinis on 7/18/2023. (ybs, Deputy Clerk)
Related: [-]
Monday, July 17, 2023
27 27 motion Extension of Time to File Answer Mon 07/17 11:12 AM
MOTION for Extension of Time to File Answer re23 Amended Complaint by USAA Federal Savings, Bank(Kester, Kymberly)
Related: [-]
Att: 1 Text of Proposed Order Granting Extension
Thursday, July 06, 2023
26 26 notice Notice (Other) Thu 07/06 12:46 PM
NOTICE by USAA Federal Savings, Bank re24 MOTION to Strike23 Amended Complaint (Proposed Order) (Kester, Kymberly)
Related: [-]
24 24 motion Strike Thu 07/06 10:17 AM
MOTION to Strike23 Amended Complaint by USAA Federal Savings, Bank(Kester, Kymberly)
Related: [-]
notice QC Notice - Miscellaneous Thu 07/06 12:33 PM
QC NOTICE:24 Motion to Strike filed by USAA Federal Savings, Bank was filed incorrectly. **The following attachments or exhibits are missing - Proposed Order. To correct this problem, file Proposed Order using the event Notice (Other) and link Proposed Order to 24 . (ybs, Deputy Clerk)
Related: [-]
Monday, July 03, 2023
23 23 cmp Amended Complaint Wed 07/05 11:07 AM
AMENDED COMPLAINT against USAA Federal Savings, Bank, filed by David M. Cook.(ybs, Deputy Clerk)
Related: [-]
Monday, June 12, 2023
22 22 1 pgs order Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Miscellaneous Relief Mon 06/12 11:22 AM
ORDER granting9 Motion to Dismiss; denying18 MOTION to Request Court to Set an Initial Scheduling Conference or Issue Order to Compel Defendant to Participate in a Rule 26(F) Conference; providing plaintiff 21 days to file a proposed amended complaint that cures the pleading deficiencies. Signed by Judge Paula Xinis on 6/12/2023. (ybs, Deputy Clerk)
Related: [-]
21 21 6 pgs order Memorandum Opinion Mon 06/12 11:20 AM
MEMORANDUM OPINION. Signed by Judge Paula Xinis on 6/12/2023. (ybs, Deputy Clerk)
Related: [-]
Monday, May 22, 2023
20 20 respm Reply to Response to Motion Mon 05/22 11:01 AM
REPLY to Response to Motion re18 MOTION to Request Court to Set an Initial Scheduling Conference or Issue Order to Compel Defendant to Participate in a Rile 26(F) Conference filed by filed by David M. Cook.(mg3s, Deputy Clerk)
Related: [-]
Monday, May 08, 2023
19 19 respm Response Mon 05/08 4:19 PM
RESPONSE re18 MOTION to Request Court to Set an Initial Scheduling Conference or Issue Order to Compel Defendant to Participate in a Rile 26(F) Conference filed by Plaintiff David Cook filed by USAA Federal Savings, Bank.(Kester, Kymberly)
Related: [-]
Friday, April 21, 2023
18 18 motion Miscellaneous Relief Mon 04/24 8:39 AM
MOTION to Request Court to Set an Initial Scheduling Conference or Issue Order to Compel Defendant to Participate in a Rule 26(F) Conference by David M. Cook(ybs, Deputy Clerk) Modified on 4/24/2023 (ybs, Deputy Clerk)
Related: [-]
Saturday, February 25, 2023
utility Case Assigned/Reassigned Sat 02/25 3:38 PM
Case Reassigned to Judge Paula Xinis. Judge George Jarrod Hazel no longer assigned to the case. (kns, Deputy Clerk)
Related: [-]
Monday, October 31, 2022
16 16 motion Pro Hac Vice - Corrected Mon 10/31 10:10 AM
CORRECTED MOTION to Appear Pro Hac Vice for Kymberly Kester by USAA Federal Savings, Bank. The fee has already been paid.(Torain, Tony)
Related: [-]
order Order on Corrected Motion to Appear Pro Hac Vice Mon 10/31 10:37 AM
PAPERLESS ORDER granting16 Corrected Motion to Appear Pro Hac Vice on behalf of Kymberly Kester. Directing attorney Kymberly Kester to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 10/31/2022. (mh4s, Deputy Clerk)
Related: [-]
Friday, October 28, 2022
15 15 notice QC Notice - Pro Hac - Signatures Fri 10/28 1:31 PM
QC NOTICE:14 Motion to Appear Pro Hac Vice filed by USAA Federal Savings, Bank needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk)
Related: [-]
14 14 motion Pro Hac Vice Fri 10/28 9:57 AM
MOTION to Appear Pro Hac Vice for Kymberly Kester (Filing fee $100, receipt number AMDDC-10238872.) by USAA Federal Savings, Bank(Torain, Tony)
Related: [-]
Tuesday, October 25, 2022
13 13 respm Reply to Response to Motion Tue 10/25 10:15 AM
REPLY to Response to Motion re9 MOTION to Dismiss for Failure to State a Claim filed by USAA Federal Savings, Bank.(Torain, Tony)
Related: [-]
Tuesday, October 11, 2022
12 12 respm Response in Opposition to Motion Tue 10/11 1:40 PM
RESPONSE in Opposition re9 MOTION to Dismiss for Failure to State a Claim filed by David M. Cook.(ybs, Deputy Clerk)
Related: [-]
Att: 1 Declaration
Thursday, September 15, 2022
11 11 1 pgs order Order on Motion for Extension of Time to Answer Tue 09/20 4:33 PM
ORDER granting6 Consent MOTION for Extension of Time to File Answer. Signed by Judge George Jarrod Hazel on 9/15/2022. (dg3s, Deputy Clerk)
Related: [-]
Tuesday, September 13, 2022
10 10 misc Rule 12/56 Tue 09/13 7:48 AM
Rule 12/56 notice mailed to David M. Cook (ybs, Deputy Clerk)
Related: [-]
Monday, September 12, 2022
9 9 motion Dismiss for Failure to State a Claim Mon 09/12 5:40 PM
MOTION to Dismiss for Failure to State a Claim by USAA Federal Savings, Bank(Torain, Tony)
Related: [-]
Att: 1 Memorandum in Support,
Att: 2 Text of Proposed Order
Thursday, September 08, 2022
8 8 notice Notice (Other) Thu 09/08 8:37 PM
NOTICE by USAA Federal Savings, Bank re6 Consent MOTION for Extension of Time to File Answer re1 Complaint Proposed Order (Torain, Tony)
Related: [-]
Thursday, August 11, 2022
notice QC Notice - Miscellaneous Thu 08/11 9:19 AM
QC NOTICE:6 Motion for Extension of Time to File Answer filed by USAA Federal Savings, Bank was filed incorrectly. **The following attachments or exhibits are missing - Proposed Order. To correct this problem, file Proposed Order using the event Notice (Other) and link Proposed Order to 6 . (ybs, Deputy Clerk)
Related: [-]
Wednesday, August 10, 2022
6 6 motion Extension of Time to File Answer Wed 08/10 12:00 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint by USAA Federal Savings, Bank(Torain, Tony)
Related: [-]
Wednesday, August 03, 2022
5 5 service Summons Returned Executed Wed 08/03 8:43 AM
SUMMONS Returned Executed by David M. Cook. USAA Federal Savings, Bank served on 7/21/2022, answer due 8/11/2022.(ybs, Deputy Clerk)
Related: [-]
Att: 1 Exhibit A
Wednesday, July 13, 2022
4 4 service Summons Issued Wed 07/13 9:28 AM
Summons Issued 21 days as to USAA Federal Savings, Bank.(c/m 7/13/2022 ybs, Deputy Clerk)
Related: [-]
Tuesday, July 12, 2022
3 3 2 pgs order Order Wed 07/13 9:27 AM
ORDER directing Clerk to issue summons and return to Plaintiff. Signed by Judge George Jarrod Hazel on 7/12/2022. (c/m 7/13/2022 ybs, Deputy Clerk)
Related: [-]
Wednesday, June 15, 2022
2 2 misc Consent to Receive Electronic Notice Wed 06/15 3:41 PM
Consent to receive notice and service electronically by David M. Cook. The Court recommends that all documents received electronically be printed or saved for future reference.(heps, Deputy Clerk)
Related: [-]
1 1 cmp Complaint Wed 06/15 3:40 PM
COMPLAINT against USAA Federal Savings, Bank ( Filing fee $ 402 receipt number 94.), filed by David M. Cook.(heps, Deputy Clerk)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Summons