Barnette v. Trans Union, LLC et al
| West Virginia Southern District Court | |
| Judge: | Thomas E Johnston |
| Referred: | Dwane L Tinsley |
| Case #: | 2:24-cv-00367 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 15:1681 Fair Credit Reporting Act |
| Case Filed: | Jul 22, 2024 |
| Last checked: Thursday Sep 05, 2024 4:58 AM EDT |
|
Defendant
Trans Union, LLC
a foreign limited liability company Corporation Service Company - Registered Agent 209 West Washington Street
Charleston, WV 25302 |
Represented By
|
|
Defendant
Associated Radiologists, Inc.
a domestic incorporation Shelby King 1120 Kanawha Boulevard, East
Charleston, WV 25301 |
|
|
Defendant
Comenity Bank
a foreign corporation, and Baron Schlachter, President 3095 Loyalty Circle Building A
Columbus, OH 43219 |
|
|
Defendant
First Premier Bank, Inc.
a foreign corporation Dana Dykhouse, President/CEO 500 South Minnesota Avenue
Sioux Falls, SD 57104 |
Represented By
|
|
Defendant
LVNV Funding, LLC
a foreign limited liability company Corporation Service Company - Registered Agent 209 West Washington Street
Charleston, WV 25302 |
Represented By
|
|
Defendant
Portfolio Recovery Associates, LLC
a foreign limited liability company Corporation Service Company - Registered Agent 209 West Washington Street
Charleston, WV 25302 |
|
|
Defendant
TD Bank USA, NA
a foreign corporation Leo Salom, President 2035 Limestone Road
Wilmington, DE 19808 |
|
|
Plaintiff
Jason Barnette
2919 Shadyside Road
St. Albans, WV 25177 |
| Docket last updated: 2 hours ago |
| Friday, October 11, 2024 | ||
| 40 | 40
misc
Proposed Order
Fri 10/11 4:29 PM
PROPOSED ORDER Agreed Order of Dismissal by Portfolio Recovery Associates, LLC, Jason Barnette. (Ward, Matthew) (Modified on 10/11/2024 to add party filer) (kew) |
|
| Thursday, September 19, 2024 | ||
| 39 | 39
3
pgs
order
Order
Thu 09/19 4:22 PM
ORDER directing that Plaintiff's pending24 MOTION to Dismiss Comenity Bank With Prejudice is hereby CONVERTED to a Notice of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i); that neither the instant Order, nor Plaintiff's Notice of Dismissal, shall have any effect upon Plaintiff's claims against the remaining six herein named Defendants; and directing the Clerk to modify the record such that Plaintiff's24 Motion to Dismiss Defendant Comenity Bank With Prejudice is listed therein as a Notice of Dismissal under Rule 41(a)(1)(A), and to terminate Comenity from the record pursuant thereto, effective as of September 9, 2024. Signed by Magistrate Judge Dwane L. Tinsley on 9/19/2024. (cc: counsel of record; any unrepresented party) (msa) |
|
| Monday, September 16, 2024 | ||
| 38 | 38
misc
Disclosure Statement Pursuant To Rule 7.1, FRCivP
Mon 09/16 4:22 PM
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant TD Bank USA, NA (Kluemper, Tai) |
|
| 37 | 37
misc
Disclosure Statement Pursuant To Rule 7.1, FRCivP
Mon 09/16 3:50 PM
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant LVNV Funding, LLC (Mooney, Nicholas) |
|
| 36 | 36
misc
Certificate Of Service
Mon 09/16 3:44 PM
AMENDED CERTIFICATE OF SERVICE by LVNV Funding, LLC for Defendant LVNV Funding, LLC's Motion to Dismiss and Memorandum of Law in Support of Defendant LVNV Funding, LLC's Motion to Dismiss. (Mooney, Nicholas) |
|
| 35 | 35
misc
Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters
Mon 09/16 3:26 PM
STATEMENT OF VISITING ATTORNEY from Ian N. Fuqua on behalf of Trans Union, LLC. Local counsel: Peter J. Raupp. Fee $50.00. Receipt # AWVSDC-8733150. (Raupp, Peter) |
|
| 34 | 34
3
pgs
order
Order on Motion / Application / Petition for Miscellaneous Relief
Mon 09/16 3:02 PM
ORDER directing Plaintiff's26 MOTION to File Pleadings Via CM/ECF is GRANTED and Plaintiff shall be permitted to use this Court's CM/ECF system for filing and notification of filings in this civil action; further directing that any login and password issued to Plaintiff for such purpose is temporary, for use in this case only, and will be terminated at the conclusion of this matter; directing Plaintiff to satisfy the training requirements in the Administrative Procedures for Electronic Case Filing for the United States District Court for the Southern District of West Virginia, to the extent he has not already done so prior to being permitted to use this Court's CM/ECF system; directing Plaintiff to contact Lynn Cooper for further instructions, as more fully set forth herein; notifying Plaintiff of his continuing obligation to advise the Clerk promptly of any changes to his name, address, and phone number. Signed by Magistrate Judge Dwane L. Tinsley on 9/16/2024. (cc: counsel of record; any unrepresented party) (skm) |
|
| 33 | 33
motion
Joinder
Mon 09/16 2:45 PM
MOTION by TD Bank USA, NA for Joinder in19 Memorandum In Support,18 MOTION by First Premier Bank, Inc. to Dismiss2 Complaint Motion referred to Magistrate Judge Dwane L. Tinsley.(Kluemper, Tai) |
|
| 32 | 32
3
pgs
order
Order ~Util - Set/Reset Motion And R&R Deadlines/Hearings
Mon 09/16 2:41 PM
ORDER AND NOTICE directing Plaintiff to file any response(s) to Defendant First Premier Bank, Inc.'s18 MOTION to Dismiss2 Complaint, Defendant Trans Union, LLC's22 MOTION to Dismiss2 Complaint, and Defendant LVNV Funding, LLC's29 MOTION to Dismiss2 Complaint by 4:00 PM on 10/21/2024 and Defendants to file any replies by 4:00 PM on 11/4/2024; notifying Plaintiff that, absent a showing of good cause, failure to timely respond to the pending motions as set forth above WILL be construed as an abandonment of his claims and result in the undersigned's recommendation to the presiding District Judge that this action be dismissed; further notifying Plaintiff that his pro-se status does not alter application of the Federal Rules of Civil Procedure or this Court's Local Rules of Civil Procedure to his filings; notifying parties that any request(s) for extension of the deadlines set forth in the above briefing schedule must be requested via written motion, in advance of the deadline the party seeks to extend. Signed by Magistrate Judge Dwane L. Tinsley on 9/16/2024. (cc: counsel of record; any unrepresented party) (skm) |
|
|
misc
Notice Of Docket Correction
Mon 09/16 6:56 AM
NOTICE OF DOCKET CORRECTION re:29 MOTION by LVNV Funding, LLC to Dismiss2 Complaint. ERROR: Memorandum in support attached to motion. CORRECTION: Memorandum removed and filed at entry #31. (kew) |
||
| Friday, September 13, 2024 | ||
| 31 | 31
17
pgs
respm
Memorandum In Support
Mon 09/16 6:55 AM
MEMORANDUM OF LAW by LVNV Funding, LLC in support of29 MOTION by LVNV Funding, LLC to Dismiss2 Complaint. (kew) |
|
| 30 | 30
misc
Stipulation Extending Time
Fri 09/13 2:57 PM
STIPULATION EXTENDING TIME to October 11, 2024 by Portfolio Recovery Associates, LLC (Ward, Matthew) |
|
| 29 | 29
motion
Dismiss
Fri 09/13 2:44 PM
MOTION by LVNV Funding, LLC to Dismiss With Prejudice re:2 Complaint,. Motion referred to Magistrate Judge Dwane L. Tinsley.(Mooney, Nicholas) |
|
|
Att: 1
Supplement Memorandum in Support,
|
||
|
Att: 2
Proposed Order
|
||
| Monday, September 09, 2024 | ||
| 28 | 28
notice
Notice Of Appearance
Mon 09/09 4:38 PM
NOTICE OF APPEARANCE by Tai Shadrick Kluemper on behalf of TD Bank USA, NA. (Kluemper, Tai) |
|
| 27 | 27
3
pgs
respm
Memorandum In Support
Mon 09/09 11:54 AM
MEMORANDUM by Jason Barnette in support of26 MOTION to File Pleadings Via CM/ECF by Jason Barnette. (lca) |
|
| 26 | 26
motion
Miscellaneous Relief
Mon 09/09 11:52 AM
MOTION by Jason Barnette to File Pleadings Via CM/ECF. Motion referred to Magistrate Judge Dwane L. Tinsley. (lca) |
|
| 25 | 25
misc
Stipulation Extending Time
Mon 09/09 11:49 AM
STIPULATION FOR EXTENSION OF TIME TO FILE OPPOSITION TO18 MOTION by First Premier Bank, Inc. to Dismiss2 Complaint by Jason Barnette, First Premier Bank, Inc. (kew) |
|
| 24 | 24
motion
Dismiss
Mon 09/09 11:47 AM
MOTION by Jason Barnette to Dismiss Comenity Bank With Prejudice. Motion referred to Magistrate Judge Dwane L. Tinsley. (kew) |
|
| Friday, August 30, 2024 | ||
| 23 | 23
7
pgs
respm
Memorandum In Support
Fri 08/30 9:53 AM
MEMORANDUM OF LAW by Trans Union, LLC in support of22 MOTION by Trans Union, LLC to Dismiss With Prejudice. (Raupp, Peter) |
|
| 22 | 22
motion
Dismiss
Fri 08/30 9:52 AM
MOTION by Trans Union, LLC to Dismiss With Prejudice. Motion referred to Magistrate Judge Dwane L. Tinsley.(Raupp, Peter) |
|
| Wednesday, August 21, 2024 | ||
| 21 | 21
misc
Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters
Wed 08/21 10:21 AM
STATEMENT OF VISITING ATTORNEY from Emily Stultz on behalf of Trans Union, LLC. Local counsel: Peter J. Raupp. Fee $50.00. Receipt # AWVSDC-8715246. (Raupp, Peter) |
|
| Monday, August 19, 2024 | ||
| 20 | 20
misc
Disclosure Statement Pursuant To Rule 7.1, FRCivP
Mon 08/19 4:23 PM
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant First Premier Bank, Inc. (Kenney, Jonathan) |
|
| 19 | 19
14
pgs
respm
Memorandum In Support
Mon 08/19 4:21 PM
MEMORANDUM OF LAW by First Premier Bank, Inc. in support of18 MOTION by First Premier Bank, Inc. to Dismiss for Failure to State a Claim re:2 Complaint,. (Kenney, Jonathan) |
|
| 18 | 18
motion
Dismiss For Failure To State A Claim
Mon 08/19 4:18 PM
MOTION by First Premier Bank, Inc. to Dismiss for Failure to State a Claim re:2 Complaint,. Motion referred to Magistrate Judge Dwane L. Tinsley.(Kenney, Jonathan) |
|
| Friday, August 16, 2024 | ||
| 17 | 17
misc
Disclosure Statement Pursuant To Rule 7.1, FRCivP
Fri 08/16 11:46 AM
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Trans Union, LLC (Raupp, Peter) |
|
| 16 | 16
misc
Stipulation Extending Time
Fri 08/16 11:44 AM
STIPULATION EXTENDING TIME to 9/9/2024 by Trans Union, LLC (Raupp, Peter) |
|
| Thursday, August 15, 2024 | ||
| 15 | 15
misc
Stipulation Extending Time
Thu 08/15 1:58 PM
STIPULATION EXTENDING TIME FOR DEFENDANT LVNV FUNDING, LLC, TO RESPOND TO2 COMPLAINT to 9/16/2024 by LVNV Funding, LLC, Jason Barnette. (Mooney, Nicholas) (Modified on 8/15/2024 to add link to #2 complaint and to add party filer) (kew) |
|
| Wednesday, August 14, 2024 | ||
| 14 | 14
misc
Stipulation Extending Time
Wed 08/14 4:47 PM
STIPULATION EXTENDING TIME re:2 Complaint, to File A Responsive Pleading on Behalf of Defendant TD Bank USA, NA by TD Bank USA, NA (Kluemper, Tai) |
|
| Thursday, August 08, 2024 | ||
| 13 | 13
service
Summons Returned Unexecuted
Thu 08/08 12:34 PM
SUMMONS RETURNED UNEXECUTED BY CERTIFIED MAIL for Associated Radiologists, Inc. re:6 Summons Issued. Date Returned Unexecuted: 8/8/2024. (kew) |
|
| Tuesday, July 30, 2024 | ||
| 12 | 12
service
Summons Returned Executed By Certified Mail, With Return Receipt Cards
Tue 07/30 8:25 AM
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for First Premier Bank, Inc., re:2 Complaint. First Premier Bank, Inc. served on 7/29/2024, answer due 8/19/2024. (jsa) |
|
| Monday, July 29, 2024 | ||
| 11 | 11
service
Summons Returned Executed By Certified Mail, With Return Receipt Cards
Mon 07/29 9:16 AM
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for TD Bank USA, NA, re:2 Complaint. TD Bank USA, NA served on 7/27/2024, answer due 8/19/2024. (jsa) |
|
| Friday, July 26, 2024 | ||
| 10 | 10
service
Summons Returned Executed By Certified Mail, With Return Receipt Cards
Fri 07/26 3:04 PM
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Comenity Bank, re:2 Complaint. Comenity Bank served on 7/26/2024, answer due 8/16/2024. (jsa) |
|
| 9 | 9
service
Summons Returned Executed By Certified Mail, With Return Receipt Cards
Fri 07/26 2:32 PM
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Portfolio Recovery Associates, LLC, re:2 Complaint. Portfolio Recovery Associates, LLC served on 7/26/2024, answer due 8/16/2024. (jsa) |
|
| 8 | 8
service
Summons Returned Executed By Certified Mail, With Return Receipt Cards
Fri 07/26 2:30 PM
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for LVNV Funding, LLC, re:2 Complaint. LVNV Funding, LLC served on 7/26/2024, answer due 8/16/2024. (jsa) |
|
| 7 | 7
service
Summons Returned Executed By Certified Mail, With Return Receipt Cards
Fri 07/26 2:29 PM
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Trans Union, LLC, re:2 Complaint. Trans Union, LLC served on 7/26/2024, answer due 8/16/2024. (jsa) |
|
| Wednesday, July 24, 2024 | ||
| 6 | 6
service
Summons Issued
Wed 07/24 10:17 AM
SUMMONS ISSUED by the Clerk on behalf of Jason Barnette for Associated Radiologists, Inc., Comenity Bank, First Premier Bank, Inc., LVNV Funding, LLC, Portfolio Recovery Associates, LLC, TD Bank USA, NA, Trans Union, LLC, re:2 Complaint, returnable 21 days. Sent via certified mail. (jsa) |
|
|
Att: 1
certified mail receipt as to Trans Union, LLC,
|
||
|
Att: 2
summons as to LVNV Funding, LLC,
|
||
|
Att: 3
certified mail receipt as to LVNV Funding, LLC,
|
||
|
Att: 4
summons as to Portfolio Recovery Associates, LLC,
|
||
|
Att: 5
certified mail receipt as to Portfolio Recovery Associates, LLC,
|
||
|
Att: 6
summons as to Associated Radiologists, Inc.,
|
||
|
Att: 7
certified mail receipt as toAssociated Radiologists, Inc.,
|
||
|
Att: 8
summons as to First Premier Bank, Inc.,
|
||
|
Att: 9
certified mail receipt as to First Premier Bank, Inc.,
|
||
|
Att: 10
summons as to Comenity Bank,
|
||
|
Att: 11
certified mail receipt as to Comenity Bank,
|
||
|
Att: 12
summons as to TD Bank USA, NA,
|
||
|
Att: 13
certified mail receipt as to TD Bank USA, NA
|
||
| 5 | 5
3
pgs
order
Order on Motion / Application / Petition to Proceed Without Prepayment of Fees or Costs
Wed 07/24 9:12 AM
ORDER AND NOTICE granting Plaintiff's1 APPLICATION to Proceed Without Prepayment of Fees or Costs; directing the Clerk of Court to issue a summons for each of the named defendants and that the issued summonses, along with a copy of the Complaint, shall be served upon the named defendants by certified mail; further directing that the period for service of these summonses under Rule 4(m) of the Federal Rules of Civil Procedure shall run from the date of entry of this Order and Notice and, if service is not perfected within that period, Plaintiff is hereby NOTIFIED that the undersigned will recommend dismissal of any defendant not served by that date. Signed by Magistrate Judge Dwane L. Tinsley on 7/24/2024. (cc: Plaintiff) (jsa) |
|
| Tuesday, July 23, 2024 | ||
| 4 | 4
order
Clerk's Order Reassigning Case
Tue 07/23 12:19 PM
CLERK'S ORDER. For reasons appearing to the court, this action is reassigned from Senior Judge John T. Copenhaver, Jr. to Judge Thomas E. Johnston. Signed by Clerk of Court Rory L. Perry II on 7/23/2024. (cc: Judge Copenhaver; Judge Johnston; counsel of record; any unrepresented party) (klc) |
|
| 3 | 3
order
Mag. Judge Tinsley - Standing Order For Assignment And Referral of Civil Actions And Matters
Tue 07/23 10:26 AM
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. (cc: counsel of record and any pro se party) (klc) |
|
|
misc
Notice Of Docket Correction
Tue 07/23 10:24 AM
NOTICE OF DOCKET CORRECTION. ERROR: Pro Se Plaintiff's email incorrectly added to the docket sheet during case opening. CORRECTION: Email address removed. (klc) |
||
| Monday, July 22, 2024 | ||
| 2 | 2
cmp
Complaint
Mon 07/22 12:05 PM
COMPLAINT. (mfo) |
|
|
Att: 1
Proposed Summons as to Trans Union LLC,
|
||
|
Att: 2
Proposed Summons as to LVNV Funding, LLC,
|
||
|
Att: 3
Proposed Summons as to Portfolio Recovery Associates, LLC,
|
||
|
Att: 4
Proposed Summons as to Associated Radiologists, Inc.,
|
||
|
Att: 5
Proposed Summons as to First Premier Bank, Inc.,
|
||
|
Att: 6
Proposed Summons as to Comenity Bank,
|
||
|
Att: 7
Proposed Summons as to TD Bank USA, NA,
|
||
|
Att: 8
Civil Cover Sheet
|
||
| 1 | 1
motion
Proceed Without Prepayment Of Fees Or Costs
Mon 07/22 12:00 PM
APPLICATION by Jason Barnette to Proceed without Prepayment of Fees and Costs. (mfo) |
|
|
utility
Case Assigned
Tue 07/23 9:31 AM
CASE assigned to Senior Judge John T. Copenhaver, Jr. (klc) |
||