Cook v. USAA Federal Savings, Bank
| Maryland District Court | |
| Judge: | Paula Xinis |
| Case #: | 8:22-cv-01469 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Jun 15, 2022 |
| Last checked: Monday Dec 12, 2022 5:20 AM EST |
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Defendant
USAA Federal Savings, Bank
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Represented By
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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) |
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GPO
Sep 16 2024
MEMORANDUM OPINION. Signed by Judge Paula Xinis on 9/16/2024. (ybs, Deputy Clerk) |
| Docket last updated: 2 hours ago |
| Tuesday, December 03, 2024 | ||
| 46 | 46
order
Order
Tue 12/03 11:04 AM
PAPERLESS ORDER APPROVING45 Stipulation of Dismissal. The Clerk is DIRECTED to CLOSE this case. Signed by Judge Paula Xinis on 12/3/2024. (tb2s, Chambers) |
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| Monday, December 02, 2024 | ||
| 45 | 45
misc
Stipulation of Dismissal
Mon 12/02 4:32 PM
STIPULATION of Dismissal with Prejudice by USAA Federal Savings, Bank(Whitaker, Kymberly) |
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| Tuesday, November 19, 2024 | ||
| 44 | 44
1
pgs
order
Order Staying Case
Tue 11/19 12:09 PM
SETTLEMENT ORDER staying proceedings in this matter pending the filing of the notice of dismissal. Signed by Judge Paula Xinis on 11/19/2024. (kk5s, Deputy Clerk) |
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| Wednesday, November 06, 2024 | ||
| 43 | 43
notice
Notice of Settlement
Wed 11/06 7:35 PM
NOTICE of Settlement by USAA Federal Savings, Bank (Whitaker, Kymberly) |
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| Friday, October 25, 2024 | ||
| 42 | 42
1
pgs
order
Order
Fri 10/25 12:02 PM
LETTER ORDER Regarding the Filing of Discovery Motions. Signed by Judge Paula Xinis on 10/24/2024. (ybs, Deputy Clerk) |
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| 41 | 41
order
Scheduling Order
Fri 10/25 12:01 PM
SCHEDULING ORDER: Status Report due by 3/10/2025. Signed by Judge Paula Xinis on 10/25/2024. (ybs, Deputy Clerk) |
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| Monday, October 14, 2024 | ||
| 40 | 40
answer
Answer to Amended Complaint
Mon 10/14 3:52 PM
ANSWER to23 Amended Complaint by USAA Federal Savings, Bank.(Whitaker, Kymberly) |
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| Monday, October 07, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Mon 10/07 12:46 PM
PAPERLESS ORDER GRANTING38 Motion for Extension of Time to Answer. Defendant's Answer or otherwise Response to Plaintiff's Amended Complaint is EXTENDED to October 14, 2024. Signed by Judge Paula Xinis on 10/7/2024. (tb2s, Chambers) |
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| Monday, September 30, 2024 | ||
| 38 | 38
motion
Extension of Time to File Answer
Mon 09/30 11:53 AM
Consent MOTION for Extension of Time to File Answer re23 Amended Complaint (Unopposed) by USAA Federal Savings, Bank(Whitaker, Kymberly) |
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Att: 1
Text of Proposed Order Proposed Order Granting Extension
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| Monday, September 16, 2024 | ||
| 37 | 37
1
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 09/16 4:40 PM
ORDER granting in part and denying in part32 Motion to Dismiss for Failure to State a Claim; directing Defendant to answer Count I within 14 days. Signed by Judge Paula Xinis on 9/16/2024. (ybs, Deputy Clerk) |
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| 36 | 36
18
pgs
order
Memorandum Opinion
Mon 09/16 4:38 PM
MEMORANDUM OPINION. Signed by Judge Paula Xinis on 9/16/2024. (ybs, Deputy Clerk) |
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| 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) |
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| 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) |
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Att: 1
Declaration
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| 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) |
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| 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) |
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Att: 1
Memorandum in Support of Motion to Dismiss Plaintiff's Amended Complaint,
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Att: 2
Exhibit 1
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| 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) |
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| 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) |
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Att: 1
Exhibit Exhibits 1 and 2
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| 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) |
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| 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) |
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| 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) |
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Att: 1
Text of Proposed Order Granting Extension
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| 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) |
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| 24 | 24
motion
Strike
Thu 07/06 10:17 AM
MOTION to Strike23 Amended Complaint by USAA Federal Savings, Bank(Kester, Kymberly) |
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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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| Saturday, February 25, 2023 | ||
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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) |
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| 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) |
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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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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Att: 1
Declaration
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| 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) |
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| 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) |
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| 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) |
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Att: 1
Memorandum in Support,
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Att: 2
Text of Proposed Order
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| 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) |
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| Thursday, August 11, 2022 | ||
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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) |
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| 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) |
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| 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) |
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Att: 1
Exhibit A
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons
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