Barber v. U.S. Bank et al

Nebraska District Court
Judge:	Brian C Buescher
Referred:	Jacqueline M Deluca
Case #:	8:24-cv-00426
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1331 Fed. Question

Case Filed:	Nov 04, 2024
Re-opened:	Mar 18, 2025
Terminated:	Feb 04, 2025

Last checked: Thursday Dec 19, 2024 3:27 AM CST

Defendant Credit One Bank
Defendant Elan Financial Services	Represented By Megan McCurdy Stinson, Leonard Law Firm - Kansas City contact info
Defendant U.S. Bank	Represented By Megan McCurdy Stinson, Leonard Law Firm - Kansas City contact info
Plaintiff RaySean D. Barber Address Updated 11/5/24 1468 Pinkney Street Omaha, NE 68110

GPO Feb 04 2025
MEMORANDUM AND ORDER REGARDING DEFENDANTS' MOTIONS TO COMPEL ARBITRATION - IT IS ORDERED as follows: 1. the December 19, 2024, Motion to Compel Arbitration by Credit One Bank, N.A., (Credit One), Filing 13, is granted, and all of Barber's claims against Credit One shall be resolved by arbitration according to the parties' Agreement; 2. the January 2, 2025, Motion to Compel Arbitration by defendants U.S. Bank National Association (U.S. Bank) and U.S. Bank d/b/a Elan Financial Services (Elan), (collectively, U.S. Bank Defendants), Filing 19, is granted, and all of Barber's claims against U.S. Bank and Elan shall be resolved by arbitration according to the parties' respective Agreements. This case is dismissed in its entirety. The Clerk of Court shall close the case. Ordered by Judge Brian C. Buescher. (Copy mailed to pro se party)(TCL) Modified on 2/4/2025 to add text(TCL).

GPO Apr 10 2025
ORDER ON PLAINTIFF'S APPLICATION TO APPEAL IN FORMA PAUPERIS - IT IS ORDERED that Plaintiff Barber's Application to Proceed Without Prepaying Fees or Costs, Filing 37, is granted, and Barber may proceed on appeal without prepaying or giving security for fees and costs. Ordered by Judge Brian C. Buescher. (Copy mailed to pro se party)(TCL)

Docket last updated: 9 hours ago

Monday, April 14, 2025
41		41 appeal Scheduling Letter Mon 04/14 8:42 AM SCHEDULING LETTER from USCA - 8th Circuit 25-1711 as to Interlocutory Appeal36 . (TCL) Related: [-]
Friday, April 11, 2025
40		40 oth_evt Letter by Clerk/Transmittal Letter Fri 04/11 2:30 PM Letter by Clerk USCA - 8th 25-1711 regarding Interlocutory Appeal36 . The appeal has been docketed and assigned case number 25-1711 (TCL) Related: [-]
		Att: 1 Pro Se Notice of Docket Activity
Thursday, April 10, 2025
39		39 appeal Notification of Appeal and NOA Supplement Thu 04/10 4:24 PM NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Interlocutory Appeal36 , Memorandum and Order34 , Order granting IFP38 . Notice of Appeal filed on 4/9/2025 by Plaintiff RaySean D. Barber. (TCL) Related: [-]
38		38 2 pgs order Order on Motion for Leave to Appeal In Forma Pauperis Thu 04/10 4:14 PM ORDER ON PLAINTIFF'S APPLICATION TO APPEAL IN FORMA PAUPERIS - IT IS ORDERED that Plaintiff Barber's Application to Proceed Without Prepaying Fees or Costs, Filing37 , is granted, and Barber may proceed on appeal without prepaying or giving security for fees and costs. Ordered by Judge Brian C. Buescher. (Copy mailed to pro se party)(TCL) Related: [-]
Wednesday, April 09, 2025
37		37 motion Appeal In Forma Pauperis Wed 04/09 12:44 PM MOTION for Leave to Appeal in forma pauperis on behalf of Plaintiff RaySean D. Barber.(TCL) Related: [-]
36		36 appeal Interlocutory Appeal Wed 04/09 12:43 PM INTERLOCUTORY APPEAL regarding Memorandum and Order34 . Copy mailed to plaintiff at RaySean D. Barber, 1468 Pinkney Street, Omaha, NE 68110. (TCL) Related: [-]
Monday, March 24, 2025
35		35 notice Notice of Change of Address Mon 03/24 4:00 PM NOTICE of Change of Address on behalf of Plaintiff RaySean D. Barber (TCL) Related: [-]
Tuesday, March 18, 2025
34		34 17 pgs order Order on Motion for Miscellaneous Relief Tue 03/18 10:20 AM MEMORANDUM AND ORDER REGARDING PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT OR ORDER - IT IS ORDERED that Barbers Motion for Relief from Judgement [sic] or Order pursuant to Federal Rule of Civil Procedure 60(b)(1), Filing27 , is granted in part and denied in part, as follows: 1. The Motion is granted to the extent that the part of the Court's Memorandum and Order Regarding Defendants' Motions to Compel Arbitration, Filing26 , dismissing this case in its entirety and directing the Clerk of Court to close the case, Filing26 at 20, is vacated. Instead, the Clerk of Court shall reopen the case, and the case is now stayed pending arbitration. The parties shall jointly or separately file a status report not later than every 60 days and upon the conclusion of arbitration on Barber's claims in this action. 2. The Motion is otherwise denied. Ordered by Judge Brian C. Buescher. (Copy mailed to pro se party)(TCL) Related: [-]
Friday, February 28, 2025
33		33 oth_doc Certificate Fri 02/28 2:43 PM Certificate regarding Reply Brief32 on behalf of Plaintiff RaySean D. Barber.(TCL) Related: [-]
Wednesday, February 26, 2025
32		32 oth_doc Reply Brief Wed 02/26 1:29 PM REPLY BRIEF in Support of Rule 60(b)(1) Motion Regarding Credit One Bank's Brief in Opposition to Said Motion on behalf of Plaintiff RaySean D. Barber.(TCL) Related: [-]
Tuesday, February 25, 2025
31		31 oth_doc Reply Brief Tue 02/25 4:07 PM REPLY BRIEF in Support of Rule 60(b)(1) Motion Regarding U.S.B.N.A. and U.S. Bank d/b/a Elan Financial Service's Brief in Opposition of Said Motion on behalf of Plaintiff RaySean D. Barber.(TCL) Related: [-]
Friday, February 21, 2025
30		30 oth_doc Brief Fri 02/21 4:52 PM BRIEF in opposition to MOTION27 for Relief from Judgment by Attorney Megan McCurdy on behalf of Defendant U.S. Bank.(McCurdy, Megan) Related: [-]
Thursday, February 20, 2025
29		29 oth_doc Brief Thu 02/20 12:38 PM BRIEF in opposition to MOTION27 Plaintiff's Motion for Relief from Judgment by Attorney Brittany S. Ogden on behalf of Defendant Credit One Bank.(Ogden, Brittany) Related: [-]
Friday, February 07, 2025
28		28 oth_doc Brief Fri 02/07 1:42 PM BRIEF in support of Plaintiff's27 Motion for Relief From Judgmet or Order on behalf of Plaintiff RaySean D. Barber.(TCL) Related: [-]
27		27 motion Miscellaneous Relief Fri 02/07 1:40 PM MOTION for Relief From Judgement or Order on behalf of Plaintiff RaySean D. Barber.(TCL) Modified on 2/7/2025 to correct typo (TCL) Related: [-]
Tuesday, February 04, 2025
26		26 20 pgs order Order on Motion to Compel Tue 02/04 2:18 PM MEMORANDUM AND ORDER REGARDING DEFENDANTS' MOTIONS TO COMPEL ARBITRATION - IT IS ORDERED as follows: 1. the December 19, 2024, Motion to Compel Arbitration by Credit One Bank, N.A., (Credit One), Filing13 , is granted, and all of Barber's claims against Credit One shall be resolved by arbitration according to the parties' Agreement; 2. the January 2, 2025, Motion to Compel Arbitration by defendants U.S. Bank National Association (U.S. Bank) and U.S. Bank d/b/a Elan Financial Services (Elan), (collectively, U.S. Bank Defendants), Filing19 , is granted, and all of Barber's claims against U.S. Bank and Elan shall be resolved by arbitration according to the parties' respective Agreements. This case is dismissed in its entirety. The Clerk of Court shall close the case. Ordered by Judge Brian C. Buescher. (Copy mailed to pro se party)(TCL) Modified on 2/4/2025 to add text(TCL) Related: [-]
Wednesday, January 29, 2025
25		25 oth_doc Index Wed 01/29 12:38 PM INDEX MOTION to Compel Arbitration 13 Amended by Attorney Brittany S. Ogden on behalf of Defendant Credit One Bank.(Ogden, Brittany) Related: [-]
		Att: 1 Exhibit Declaration with exhibits
24		24 order Order - Text Only Wed 01/29 8:24 AM TEXT ORDER: It has come to the Court's attention that defendant Credit One's Index, Filing14 , does not include the exhibits referred to in the Declaration of Michael Wiese that were supposed to be attached. Not later than 12:00 p.m. on Thursday, January 30, 2025, defendant Credit One shall file an Amended Index including the Declaration of Michael Wiese and the omitted exhibits. Credit One may not otherwise supplement the record.Ordered by Judge Brian C. Buescher. (TJM) Related: [-]
Monday, January 13, 2025
23		23 oth_doc Reply Brief Mon 01/13 2:03 PM REPLY BRIEF in support of MOTION to Compel Arbitration 19 by Attorney Megan McCurdy on behalf of Defendant U.S. Bank.(McCurdy, Megan) Related: [-]
Monday, January 06, 2025
22		22 oth_doc Brief Mon 01/06 11:39 AM BRIEF in Opposition to Defendant U.S. Bank National Association's Motion to Compel Arbitration on behalf of Plaintiff RaySean D. Barber.(TCL) Related: [-]
Thursday, January 02, 2025
21		21 oth_doc Index Thu 01/02 3:56 PM INDEX in support of MOTION to Compel Arbitration 19 by Attorney Megan McCurdy on behalf of Defendant U.S. Bank.(McCurdy, Megan) Related: [-]
		Att: 1 Affidavit Ex. A - Declaration of James Otis,
		Att: 2 Exhibit Ex. A-1 - Deposit Account Agreement,
		Att: 3 Exhibit Ex. A-2 - Secured Vista Card Agreement
20		20 oth_doc Brief Thu 01/02 3:50 PM BRIEF in support of MOTION to Compel Arbitration 19 by Attorney Megan McCurdy on behalf of Defendant U.S. Bank.(McCurdy, Megan) Related: [-]
19		19 motion Compel Thu 01/02 3:49 PM MOTION to Compel Arbitration by Attorney Megan McCurdy on behalf of Defendant U.S. Bank.(McCurdy, Megan) Related: [-]
Monday, December 30, 2024
18		18 oth_doc Reply Mon 12/30 11:56 AM REPLY regarding MOTION to Compel Arbitration 13 In Support of by Attorney Brittany S. Ogden on behalf of Defendant Credit One Bank.(Ogden, Brittany) Related: [-]
Monday, December 23, 2024
17		17 oth_doc Brief Mon 12/23 1:46 PM BRIEF in opposition to MOTION to Compel Arbitration 13 on behalf of Plaintiff RaySean D. Barber. (ADB) Related: [-]
Thursday, December 19, 2024
16		16 oth_doc Corporate Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1 Thu 12/19 11:55 AM CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Credit One Financial for Credit One Bank. by Attorney Brittany S. Ogden on behalf of Defendants Credit One Bank, Credit One Financial.(Ogden, Brittany) Related: [-]
15		15 oth_doc Brief Thu 12/19 11:51 AM BRIEF in support of MOTION to Compel Arbitration 13 by Attorney Brittany S. Ogden on behalf of Defendant Credit One Bank.(Ogden, Brittany) Related: [-]
14		14 oth_doc Index Thu 12/19 11:48 AM INDEX in support of MOTION to Compel Arbitration 13 by Attorney Brittany S. Ogden on behalf of Defendant Credit One Bank.(Ogden, Brittany) Related: [-]
		Att: 1 Exhibit Declaration of Michael Wiese
13		13 motion Compel Thu 12/19 11:42 AM MOTION to Compel Arbitration by Attorney Brittany S. Ogden on behalf of Defendant Credit One Bank.(Ogden, Brittany) Related: [-]
12		12 notice Notice of Appearance Thu 12/19 11:33 AM NOTICE of Appearance by Attorney Brittany S. Ogden on behalf of Defendant Credit One Bank (Ogden, Brittany) Related: [-]
Thursday, December 12, 2024
11		11 service Summons Issued Thu 12/12 12:48 PM Summons Issued (COPY) as to defendant Elan Financial Services. (Copy mailed to pro se party) (TCL) Related: [-]
10		10 2 pgs order Order on Motion for Miscellaneous Relief Thu 12/12 9:47 AM ORDER - IT IS ORDERED: Plaintiff's motion, Filing No. 8, is granted in part and denied in part. The Clerk's Office is directed to issue a summons for Defendant Elan Financial Services with the following addresses: Elan Financial Services 1255 Corporate Dr., Irving, Texas 75038, Elan Financial Services, 4 Station Square, Suite 620, Pittsburgh, Pennsylvania 15219. The Clerk's Office should provide Plaintiff with copies of the summons. Plaintiff's request for an Order directing service by the United States Marshal Service is denied. Ordered by Magistrate Judge Jacqueline M. DeLuca. (Copy mailed to pro se party with summon)(TCL) Related: [-]
Tuesday, December 10, 2024
9		9 oth_doc Corporate Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1 Tue 12/10 3:08 PM CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Megan McCurdy on behalf of Defendant U.S. Bank.(McCurdy, Megan) Related: [-]
8		8 motion Miscellaneous Relief Tue 12/10 12:49 PM Request to Serve Summons and Affidavit in Support on behalf of Plaintiff RaySean D. Barber.(TCL) Related: [-]
Tuesday, December 03, 2024
7		7 notice Notice Regarding Corporate Disclosure Statement Tue 12/03 9:13 AM TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Elan Financial Services. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(MPM) Related: [-]
6		6 notice Notice Regarding Corporate Disclosure Statement Tue 12/03 9:12 AM TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant U.S. Bank. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(MPM) Related: [-]
Monday, December 02, 2024
5		5 order Order on Motion for Extension of Time to File Responsive Pleading Mon 12/02 12:23 PM TEXT ORDER granting4 Unopposed Motion for Extension of Time to File a Responsive Pleading. Defendants U.S. Bank and Elan Financial Services shall file an answer or other responsive pleading on or before January 2, 2025. Ordered by Magistrate Judge Jacqueline M. DeLuca. (Copy mailed to pro se party)(TMM) Related: [-]
4		4 motion Extension of Time to File Responsive Pleading Mon 12/02 12:11 PM UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Megan McCurdy on behalf of Defendants U.S. Bank, Elan Financial Services.(McCurdy, Megan) Related: [-]
Tuesday, November 05, 2024
3		3 oth_evt Notice by Clerk (Pro Se Case) Tue 11/05 10:48 AM NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. Blank summons form(s) given to plaintiff and summons issued 11/4/2024. (ADB) Related: [-]
Monday, November 04, 2024
2		2 service Summons Issued Tue 11/05 10:45 AM Summons Issued (COPY) as to defendant Credit One Bank, Elan Financial Services, U.S. Bank. (summons given to plaintiff at the counter) (ADB) Related: [-]
1		1 cmp Complaint Tue 11/05 10:42 AM COMPLAINT against Credit One Bank, Elan Financial Services, U.S. Bank; 3 Summonses issued ; with receipt number 8070894, in the amount of $ 405 filed by plaintiff RaySean D. Barber. (ADB) Related: [-]

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