Nieves v. Evolve Bank & Trust

Consolidated
Lead case: 2:24-md-03127

Tennessee Western District Court
Judge:Sheryl H Lipman
Referred: Charmiane G Claxton
Case #: 2:24-cv-02788
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Other Contract
Case Filed:Oct 17, 2024
Re-opened:Oct 17, 2024
Case in other court:Florida Middle, 8:24-cv-01809
Last checked: Thursday Oct 17, 2024 5:11 PM CDT
Defendant
Evolve Bank & Trust
Represented By
Diana Marie Fassbender
Orrick, Herrington & Sutcliffe LLP
contact info
Plaintiff
Enrique Nieves
Represented By
Julie Braman Kane
Colson Hicks Eidson
contact info
Sabrina S. Saieh
contact info
Stephanie Anne Casey
Colson Hicks Eidson
contact info


Docket last updated: 7 hours ago
Wednesday, November 06, 2024
26 26 notice Notice of Appearance Wed 11/06 11:43 AM
NOTICE of Appearance by Marc Shapiro on behalf of Evolve Bank & Trust, Evolve Bank & Trust Corporation, Evolve Bank & Trust, Evolve Bank and Trust, Evolve Bank & Trust, Evolve Bank & Trust Associated Cases: 2:24-md-03127-SHL-cgc et al.(Shapiro, Marc)
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Monday, October 28, 2024
25 25 notice Notice of Appearance Mon 10/28 2:01 PM
CORRECTED NOTICE of Appearance by Amisha R Patel on behalf of Evolve Bank & Trust, Evolve Bank & Trust Corporation, Evolve Bank & Trust, Evolve Bank and Trust, Evolve Bank & Trust, Evolve Bank & Trust Associated Cases: 2:24-md-03127-SHL-cgc et al.(Patel, Amisha)
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24 24 notice Notice of Appearance Mon 10/28 11:39 AM
CORRECTED NOTICE of Appearance by Aravind Swaminathan on behalf of Evolve Bank & Trust, Evolve Bank & Trust Corporation, Evolve Bank & Trust, Evolve Bank and Trust, Evolve Bank & Trust, Evolve Bank & Trust Associated Cases: 2:24-md-03127-SHL-cgc et al.(Swaminathan, Aravind)
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Monday, October 21, 2024
23 23 misc Docket Annotation Mon 10/21 1:36 PM
NOTICE TO ALL COUNSEL: MDL No.2:24-md-3127 has been opened and assigned to Chief Judge Lipman and Magistrate Judge Claxton. See Docket for further entries. As the case proceeds, counsel may be alerted to updated case listings, or Case Management Orders in a similar fashion. However, once Liaison Counsel are appointed and shoulder the responsibility of service for documents posted in the lead case, such docket entries will no longer be necessary. Please ensure that all filings are docketed in the Master MDL case 2:24-md-3127 and then spread to the member case(s) to which it applies. Associated Cases: 2:24-md-03127-SHL-cgc et al.(cdi)
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Friday, October 18, 2024
22 22 notice MDL Notice Fri 10/18 8:16 AM
MDL NOTICE: Case transferred from MD/FL - case # 8:24cv1809 Assigned as WD/TN case # 2:24cv2788 SHL/cgc. Associated Cases: 2:24-md-03127-SHL-cgc, 2:24-cv-02788-SHL-cgc(jae)
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Thursday, October 17, 2024
21 21 notice Notice LR 16.2 Thu 10/17 3:57 PM
NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae)
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20 20 transfer Case Transferred In - District Transfer Thu 10/17 3:54 PM
Case transferred in from District of Florida Middle; Case Number 8:24-cv-01809. Original file certified copy of transfer order and docket sheet received.
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19 19 misc Letter Thu 10/17 11:24 AM
MULTIDISTRICT LITIGATION panel order transferring case to: Western District of Tennessee MDL case number: 3127 (CTR)
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Case Stay Lifted. (CTR) [Transferred from Florida Middle on 10/17/2024.]
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utility Add and Terminate Judges Thu 10/17 3:56 PM
Chief Judge Sheryl H. Lipman and Magistrate Judge Charmiane G. Claxton added. (jae)
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utility Create Case Association Thu 10/17 3:58 PM
Cases associated: Create association to 2:24-md-03127-SHL-cgc. (jae)
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utility Set/Clear Flags Thu 10/17 11:08 AM
Case Stay Lifted. (CTR)
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Wednesday, October 09, 2024
18 18 NOTICE of of October 7, 2024 Conditional Transfer Order Issued by Judicial Panel on Multidistrict Litigation(Fassbender, Diana) Modified text on 10/10/2024 (BD). [Transferred from Florida Middle on 10/17/2024.]
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Att: 1 Exhibit A,
Att: 2 Exhibit B
Monday, September 30, 2024
17 17 ENDORSED ORDER: The Court grants Defendant's 16 Unopposed Motion to Stay Proceedings. The Court directs the Clerk to stay and administratively close this case until the Judicial Panel on Multidistrict Litigation decides whether to transfer the case. See In re Evolve Bank & Trust Customer Data Security Breach Litigation , MDL No. 3127 ("In re Evolve Bank"), ECF 3-1. Lead counsel must file a status report first on December 27, 2024, and then every 90 days thereafter, advising the Court of the status of transfer. The parties are not required to file their case management report at this time. Within seven days after the stay is lifted, the parties are directed to file a case management report or explain why a special scheduling order is needed in this case. Signed by Judge Thomas P. Barber on 9/30/2024. (KMP) [Transferred from Florida Middle on 10/17/2024.]
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Friday, September 20, 2024
16 16 Unopposed MOTION to Stay Proceedings Pending a Ruling from the Judicial Panel on Multidistrict Litigation on Pending Motion to Transfer by Evolve Bank & Trust.(Fassbender, Diana) [Transferred from Florida Middle on 10/17/2024.]
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Att: 1 Exhibit A,
Att: 2 Exhibit B
Friday, August 16, 2024
15 15 NOTICE of a related action per Local Rule 1.07(c) by Evolve Bank & Trust. Related case(s): Yes (Fassbender, Diana) [Transferred from Florida Middle on 10/17/2024.]
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14 14 CERTIFICATE of interested persons and corporate disclosure statement re7 Standing Order by Evolve Bank & Trust identifying Corporate Parent Evolve Bank & Trust, Corporate Parent Evolve Bancorp, Inc. for Evolve Bank & Trust. (Fassbender, Diana) [Transferred from Florida Middle on 10/17/2024.]
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Thursday, August 15, 2024
13 13 CERTIFICATE of interested persons and corporate disclosure statement re7 Standing Order by Enrique Nieves. (Casey, Stephanie) [Transferred from Florida Middle on 10/17/2024.]
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12 12 NOTICE of a related action per Local Rule 1.07(c) by Enrique Nieves. Related case(s): Yes (Casey, Stephanie) [Transferred from Florida Middle on 10/17/2024.]
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11 11 ENDORSED ORDER: Finding good cause, the Court GRANTS Defendant Evolve Bank & Trust's 10 Motion for Extension of Time. By October 28, 2024, Evolve Bank & Trust must respond to the 1 Complaint. Signed by Judge Thomas P. Barber on 8/15/2024. (KMP) [Transferred from Florida Middle on 10/17/2024.]
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Wednesday, August 14, 2024
10 10 Unopposed MOTION for Extension of Time to File Answer re1 Complaint by Evolve Bank & Trust. (Fassbender, Diana) [Transferred from Florida Middle on 10/17/2024.]
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9 9 NOTICE of Lead Counsel Designation by Diana Marie Fassbender on behalf of Evolve Bank & Trust. Lead Counsel: Diana Marie Fassbender. (Fassbender, Diana) [Transferred from Florida Middle on 10/17/2024.]
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Friday, August 02, 2024
8 8 NOTICE of Lead Counsel Designation by Stephanie Anne Casey on behalf of Enrique Nieves. Lead Counsel: Stephanie A. Casey. (Casey, Stephanie) [Transferred from Florida Middle on 10/17/2024.]
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7 7 CIVIL CASE STANDING ORDER. The Parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any Defendant appears. Each Party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 8/2/2024. (ALE) [Transferred from Florida Middle on 10/17/2024.]
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6 6 SUMMONS issued as to Evolve Bank & Trust. (JK) [Transferred from Florida Middle on 10/17/2024.]
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5 5 NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (JK) [Transferred from Florida Middle on 10/17/2024.]
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Thursday, August 01, 2024
4 4 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Anthony E. Porcelli. New case number: 8:24-cv-1809-KKM-AEP. (TNP) [Transferred from Florida Middle on 10/17/2024.]
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3 3 NOTICE TO COUNSEL Sabrina S. Saieh of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (TNP) [Transferred from Florida Middle on 10/17/2024.]
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2 2 PROPOSED summons to be issued by Enrique Nieves. (Casey, Stephanie) [Transferred from Florida Middle on 10/17/2024.]
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Wednesday, July 31, 2024
1 1 COMPLAINT Class Action against Evolve Bank & Trust with Jury Demand (Filing fee $405 receipt number AFLMDC-22358388) filed by Enrique Nieves.(Casey, Stephanie) [Transferred from Florida Middle on 10/17/2024.]
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Att: 1 Civil Cover Sheet