Cohen v. Capital One Funding, LLC (1:19-cv-03479)

District Court, E.D. New York

Date Filed
Description

1

Jun 12, 2019

COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11569222 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Christy Ogrodoski, Sue Paivanas, William Cohen. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Summons Proposed Summons for Capital One Funding, LLC, # 3 Proposed Summons Proposed Summons for Capital One Master Trust, # 4 Proposed Summons Proposed Summons for Capital One Multi-Asset Execution Trust, # 5 Proposed Summons Proposed Summons for Bank of New York Mellon Corp., # 6 Proposed Summons Proposed Summons for Deutsche Bank Trust Company Delaware) (Hudson, Christian) (Entered: 06/12/2019)

Att 1

Civil Cover Sheet Civil Cover Sheet

Att 2

Proposed Summons Proposed Summons for Capital One Funding, LLC

Att 3

Proposed Summons Proposed Summons for Capital One Master Trust

Att 4

Proposed Summons Proposed Summons for Capital One Multi-Asset Execution Trust

Att 5

Proposed Summons Proposed Summons for Bank of New York Mellon Corp.

Att 6

Proposed Summons Proposed Summons for Deutsche Bank Trust Company Delaware

Jun 13, 2019

Case Assigned/Reassigned

Jun 13, 2019

Case Assigned to Judge Kiyo A. Matsumoto and Chief Mag. Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

2

Jun 13, 2019

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 06/13/2019)

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Clerks Notice of Rule 73

3

Jun 13, 2019

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 06/13/2019)

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Quality Control Check - Attorney Case Opening

4

Jun 13, 2019

Summons Issued as to Bank of New York Mellon Corp., Capital One Funding, LLC, Capital One Master Trust, Capital One Multi-Asset Execution Trust, Deutsche Bank Trust Company Delaware. (Attachments: # 1 Summon, # 2 Summon, # 3 Summon, # 4 Summon) (Davis, Kimberly) (Entered: 06/13/2019)

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Summons Issued

5

Jun 17, 2019

SUMMONS Returned Executed by Christy Ogrodoski, Sue Paivanas, William Cohen. Bank of New York Mellon Corp. served on 6/13/2019, answer due 7/4/2019. (Hudson, Christian) (Entered: 06/17/2019)

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Summons Returned Executed

6

Jun 17, 2019

SUMMONS Returned Executed by Christy Ogrodoski, Sue Paivanas, William Cohen. Capital One Funding, LLC served on 6/14/2019, answer due 7/5/2019. (Hudson, Christian) (Entered: 06/17/2019)

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Summons Returned Executed

7

Jun 17, 2019

SUMMONS Returned Executed by Christy Ogrodoski, Sue Paivanas, William Cohen. Capital One Master Trust served on 6/13/2019, answer due 7/4/2019. (Hudson, Christian) (Entered: 06/17/2019)

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Summons Returned Executed

8

Jun 17, 2019

SUMMONS Returned Executed by Christy Ogrodoski, Sue Paivanas, William Cohen. Capital One Multi-Asset Execution Trust served on 6/13/2019, answer due 7/4/2019. (Hudson, Christian) (Entered: 06/17/2019)

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Summons Returned Executed

9

Jun 17, 2019

SUMMONS Returned Executed by Christy Ogrodoski, Sue Paivanas, William Cohen. Deutsche Bank Trust Company Delaware served on 6/13/2019, answer due 7/4/2019. (Hudson, Christian) (Entered: 06/17/2019)

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Summons Returned Executed

10

Jul 2, 2019

NOTICE of Appearance by James A Murphy on behalf of Capital One Funding, LLC, Capital One Master Trust, Capital One Multi-Asset Execution Trust (aty to be noticed) (Murphy, James) (Entered: 07/02/2019)

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Notice of Appearance

11

Jul 2, 2019

NOTICE of Appearance by Theodore Snyder on behalf of Capital One Funding, LLC, Capital One Master Trust, Capital One Multi-Asset Execution Trust (aty to be noticed) (Snyder, Theodore) (Entered: 07/02/2019)

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Notice of Appearance

12

Jul 2, 2019

Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by Capital One Funding, LLC, Capital One Master Trust, Capital One Multi-Asset Execution Trust. (Snyder, Theodore) (Entered: 07/02/2019)

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Order

13

Jul 2, 2019

Corporate Disclosure Statement by Capital One Funding, LLC identifying Corporate Parent Capital One Bank (USA), N.A. for Capital One Funding, LLC. (Snyder, Theodore) (Entered: 07/02/2019)

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Corporate Disclosure Statement

14

Jul 3, 2019

NOTICE of Appearance by Cameron Scott Matheson on behalf of Capital One Funding, LLC, Capital One Master Trust, Capital One Multi-Asset Execution Trust (aty to be noticed) (Matheson, Cameron) (Entered: 07/03/2019)

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Notice of Appearance

Jul 3, 2019

Order on Motion for Extension of Time to Answer

Jul 3, 2019

ORDER granting,on consent 12 Motion for Extension of Time to Answer Capital One Funding, LLC answer due 8/19/2019; Capital One Master Trust answer due 8/19/2019. Ordered by Chief Magistrate Judge Roanne L. Mann on 7/3/2019. (Kelson, Lise)

15

Aug 6, 2019

MOTION to Appear Pro Hac Vice by Daniel Cohen Filing fee $ 150, receipt number ANYEDC-11733675. by William Cohen, Christy Ogrodoski, Sue Paivanas. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Certificate of Good Standing, # 5 Certificate of Good Standing) (Cohen, Daniel) (Entered: 08/06/2019)

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Appear Pro Hac Vice

Aug 6, 2019

Order on Motion for Leave to Appear Pro Hac Vice

16

Aug 6, 2019

MOTION to Appear Pro Hac Vice by C. William Frick Filing fee $ 150, receipt number ANYEDC-11733784. by William Cohen. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing) (Frick, Charles) (Entered: 08/06/2019)

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Appear Pro Hac Vice

Aug 6, 2019

ORDER denying, without prejudice 15 & 16 Motion for Leave to Appear Pro Hac Vice. Due to the staleness of the certificates of Good Standing. See Local Civ. R. 1.3(c). Ordered by Chief Magistrate Judge Roanne L. Mann on 8/6/2019. (Kelson, Lise)

17

Aug 12, 2019

MOTION to Appear Pro Hac Vice by C. William Frick Filing fee $ 150, receipt number ANYEDC-11751665. by William Cohen. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing) (Frick, Charles) (Entered: 08/12/2019)

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Appear Pro Hac Vice

Aug 12, 2019

Order on Motion for Leave to Appear Pro Hac Vice

18

Aug 12, 2019

MOTION to Appear Pro Hac Vice by Daniel Cohen Filing fee $ 150, receipt number ANYEDC-11751726. by William Cohen. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Certificate of Good Standing, # 5 Certificate of Good Standing) (Cohen, Daniel) (Entered: 08/12/2019)

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Appear Pro Hac Vice

Aug 12, 2019

ORDER granting 17 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 8/12/2019. (Kelson, Lise)

Aug 13, 2019

Order on Motion for Leave to Appear Pro Hac Vice

Aug 13, 2019

ORDER granting 18 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 8/13/2019. (Kelson, Lise)

19

Aug 19, 2019

MOTION for pre motion conference by Capital One Funding, LLC, Capital One Master Trust, Capital One Multi-Asset Execution Trust. (Snyder, Theodore) (Entered: 08/19/2019)

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Pre Motion Conference

20

Aug 19, 2019

NOTICE of Appearance by Matthew D. Ingber on behalf of Bank of New York Mellon Corp., Deutsche Bank Trust Company Delaware (aty to be noticed) (Ingber, Matthew) (Entered: 08/19/2019)

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Notice of Appearance

21

Aug 19, 2019

NOTICE of Appearance by Christopher James Houpt on behalf of Bank of New York Mellon Corp., Deutsche Bank Trust Company Delaware (aty to be noticed) (Houpt, Christopher) (Entered: 08/19/2019)

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Notice of Appearance

22

Aug 19, 2019

Letter (Pre-Motion) by Bank of New York Mellon Corp., Deutsche Bank Trust Company Delaware (Houpt, Christopher) (Entered: 08/19/2019)

Aug 20, 2019

ORDER granting 19 and 22 Letter Motions for Pre-Motion Conference. The Court will hold a telephonic pre-motion conference on Tuesday, September 10, 2019 at 2:00 p.m. to discuss Defendants' proposed Motion to Dismiss the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The parties shall arrange a conference call and, once all parties are on the line, dial in to Chambers (718-613-2180). Plaintiffs shall file a response to Defendants' pre-motion conference letters no later than August 30, 2019. Ordered by Judge Kiyo A. Matsumoto on 8/20/2019. (Ammari, Kamil)

Aug 20, 2019

Order on Motion for Pre Motion Conference

23

Aug 20, 2019

Corporate Disclosure Statement by Bank of New York Mellon Corp. (Ingber, Matthew) (Entered: 08/20/2019)

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Corporate Disclosure Statement

24

Aug 20, 2019

Corporate Disclosure Statement by Deutsche Bank Trust Company Delaware identifying Corporate Parent Deutsche Bank AG, Corporate Parent DB USA Corporation, Corporate Parent Deutsche Bank Trust Corporation for Deutsche Bank Trust Company Delaware. (Ingber, Matthew) (Entered: 08/20/2019)

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Corporate Disclosure Statement

25

Aug 21, 2019

NOTICE of Appearance by Charles William Frick on behalf of All Plaintiffs (aty to be noticed) (Frick, Charles) (Entered: 08/21/2019)

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Notice of Appearance

26

Aug 26, 2019

NOTICE of Appearance by Akash Mayank Toprani on behalf of Bank Policy Institute, Structured Finance Association (aty to be noticed) (Toprani, Akash) (Entered: 08/26/2019)

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Notice of Appearance

27

Aug 26, 2019

NOTICE of Appearance by Matthew A. Schwartz on behalf of Bank Policy Institute, Structured Finance Association (aty to be noticed) (Schwartz, Matthew) (Entered: 08/26/2019)

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Notice of Appearance

28

Aug 26, 2019

Letter MOTION for Leave to File Document Amicus Brief by Bank Policy Institute, Structured Finance Association. (Schwartz, Matthew) (Entered: 08/26/2019)

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Leave to File Document

29

Aug 29, 2019

RESPONSE in Opposition re 28 Letter MOTION for Leave to File Document Amicus Brief filed by All Plaintiffs. (Frick, Charles) (Entered: 08/29/2019)

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Order

30

Aug 30, 2019

Letter Brief in Response to (19) Letter Brief by Defendants Capital One Funding LLC et al by William Cohen, Christy Ogrodoski, Sue Paivanas (Frick, Charles) (Entered: 08/30/2019)

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Letter

31

Aug 30, 2019

Letter Brief in Response to (22) Letter Brief by Defendants Deutsche Bank Trust Company Delaware et al by William Cohen, Christy Ogrodoski, Sue Paivanas (Frick, Charles) (Entered: 08/30/2019)

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Letter

Sep 3, 2019

ORDER. The Court has reviewed 28 the request for leave by the Bank Policy Institute ("BPI") and the Structured Finance Association ("SFA") to file an amici curiae brief in support of Defendants' forthcoming motion to dismiss Plaintiffs' complaint and 29 Plaintiffs' opposition to the foregoing request. Counsel for BPI and SFA may appear at the pre-motion conference currently scheduled for Tuesday, September 10, 2019 at 2:00 p.m. to be heard regarding their request for leave to file an amici curiae brief. Ordered by Judge Kiyo A. Matsumoto on 9/3/2019. (Ammari, Kamil)

Sep 3, 2019

Scheduling Order

32

Sep 4, 2019

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11816678. by Bank of New York Mellon Corp., Deutsche Bank Trust Company Delaware. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order) (Bogo-Ernst, Debra) (Entered: 09/04/2019)

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Appear Pro Hac Vice

Sep 5, 2019

ORDER granting 32 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 9/5/2019. (Kelson, Lise)

Sep 5, 2019

Order on Motion for Leave to Appear Pro Hac Vice

33

Sep 6, 2019

Letter Update Regarding Amending Complaint by William Cohen, Christy Ogrodoski, Sue Paivanas (Frick, Charles) (Entered: 09/06/2019)

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Letter

Sep 10, 2019

MINUTE ENTRY & ORDER for Pre-Motion Conference held before Judge Kiyo A. Matsumoto on September 10, 2019. Appearances: Charles William Frick, Esq., Daniel Cohen, Esq., Christian Edward Hudson, Esq., and Glen L. Abramson, Esq. for Plaintiffs; James A. Murphy, Esq., for Defendants Capital One Funding, LLC, Capital One Master Trust, and Capital One Multi-Asset Execution Trust; Christopher James Houpt, Esq., and Debra Bogo-Ernst, Esq., for Defendants Bank of New York Mellon Corp. and Deutsche Bank Trust Company Delaware; Adrienne K. Eason-Wheatley, Esq., from Bank of New York Mellon; and Matthew A. Schwartz, Esq., and Akash Mayank Toprani, Esq., for amici curiae Bank Policy Institute and Structured Finance Association. The parties discussed (1) Plaintiff's proposal to amend its complaint; (2) amici's motion to file an amicus brief, which the Court granted; and (3) Defendants' proposed motions to dismiss Plaintiff's complaint.The Court ordered that Plaintiffs file their amended complaint by September 11, 2019. The Court then set the following briefing schedule for Defendants' motions to dismiss: (1) Defendants shall serve, but not file, their motions to dismiss on Plaintiffs by September 27, 2019; (2) amici shall serve, but not file, their amicus brief on Plaintiffs by October 4, 2019; (3) Plaintiffs shall serve, but not file, their oppositions to the motions to dismiss on Defendants by October 18, 2019; (4) Plaintiffs shall serve, but not file, their opposition to the amicus brief by October 25, 2019; (5) Defendants shall serve, but not file, their replies on Plaintiffs by November 1, 2019. Once the motion is fully briefed, and no later than November 1, 2019, the parties shall coordinate to upload all motion papers via ECF in chronological order and shall provide two hard courtesy copies of all motion papers to chambers. All counsel are reminded to file a notice of appearance for any attorneys appearing on behalf of the parties. (Court Reporter Charleane Heading.) (Ammari, Kamil)

Sep 10, 2019

Pre Motion Conference

Sep 10, 2019

Order on Motion for Leave to File

34

Sep 11, 2019

AMENDED COMPLAINT against Capital One Funding, LLC, Capital One Multi-Asset Execution Trust, The Bank of New York Mellon, filed by Christy Ogrodoski, Sue Paivanas, William Cohen. (Frick, Charles) (Entered: 09/11/2019)

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Amended Complaint

35

Sep 12, 2019

Proposed Summons. Re 34 Amended Complaint by William Cohen, Christy Ogrodoski, Sue Paivanas (Frick, Charles) (Entered: 09/12/2019)

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Order

36

Sep 13, 2019

Summons Issued as to The Bank of New York Mellon. (Galeano, Sonia) (Entered: 09/13/2019)

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Summons Issued

37

Sep 17, 2019

Proposed Summons. by William Cohen, Christy Ogrodoski, Sue Paivanas (Frick, Charles) (Entered: 09/17/2019)

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Proposed Summons/Civil Cover Sheet

38

Sep 23, 2019

Summons Reissued as to The Bank of New York Mellon. (Galeano, Sonia) (Entered: 09/23/2019)

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Summons Reissued

39

Oct 8, 2019

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11922155. by William Cohen, Christy Ogrodoski, Sue Paivanas. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing) (Carson, Shanon) (Entered: 10/08/2019)

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Appear Pro Hac Vice

Oct 8, 2019

Order on Motion for Leave to Appear Pro Hac Vice

Oct 8, 2019

ORDER granting 39 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 10/8/2019. (Kelson, Lise)

40

Oct 8, 2019

MOTION to Appear Pro Hac Vice Glen Abramson Filing fee $ 150, receipt number ANYEDC-11923295. by William Cohen, Christy Ogrodoski, Sue Paivanas. (Abramson, Glen) (Entered: 10/08/2019)

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Appear Pro Hac Vice

Oct 8, 2019

ORDER granting 40 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 10/8/2019. (Kelson, Lise)

41

Oct 10, 2019

NOTICE of Appearance by Shanon J Carson on behalf of William Cohen, Christy Ogrodoski, Sue Paivanas (notification declined or already on case) (Carson, Shanon) (Entered: 10/10/2019)

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Notice of Appearance

42

Oct 10, 2019

NOTICE of Appearance by Glen L Abramson on behalf of William Cohen, Christy Ogrodoski, Sue Paivanas (notification declined or already on case) (Abramson, Glen) (Entered: 10/10/2019)

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Notice of Appearance

43

Nov 1, 2019

MOTION to Dismiss for Failure to State a Claim by Capital One Funding, LLC, Capital One Multi-Asset Execution Trust, The Bank of New York Mellon. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (Matheson, Cameron) (Entered: 11/01/2019)

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Dismiss for Failure to State a Claim

44

Nov 1, 2019

NOTICE of Appearance by H. Rodgin Cohen on behalf of Bank Policy Institute, Structured Finance Association (aty to be noticed) (Cohen, H.) (Entered: 11/01/2019)

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Notice of Appearance

45

Nov 1, 2019

Letter re Brief of Amici Curiae in Support of Defendants' Motion to Dismiss by Bank Policy Institute, Structured Finance Association (Schwartz, Matthew) (Entered: 11/01/2019)

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Letter

46

Nov 1, 2019

MEMORANDUM in Support re 43 MOTION to Dismiss for Failure to State a Claim filed by Bank Policy Institute, Structured Finance Association. (Schwartz, Matthew) (Entered: 11/01/2019)

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Order

47

Nov 1, 2019

MEMORANDUM in Opposition re 43 MOTION to Dismiss for Failure to State a Claim filed by All Plaintiffs. (Frick, Charles) (Entered: 11/01/2019)

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Order

48

Nov 1, 2019

MEMORANDUM in Opposition re 46 Memorandum in Support filed by All Plaintiffs. (Frick, Charles) (Entered: 11/01/2019)

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Order

49

Nov 1, 2019

REPLY in Support re 43 MOTION to Dismiss for Failure to State a Claim filed by Capital One Funding, LLC, Capital One Multi-Asset Execution Trust, The Bank of New York Mellon. (Matheson, Cameron) (Entered: 11/01/2019)

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Order

50

Jan 23, 2020

Letter on behalf of Defendants to provide supplemental legal authority to the Court with respect to Defendants' pending Motion to Dismiss the First Amended Complaint by Capital One Funding, LLC, Capital One Master Trust, Capital One Multi-Asset Execution Trust, The Bank of New York Mellon (Attachments: # 1 Exhibit Report And Recommendation dckt. 57_0) (Matheson, Cameron) (Entered: 01/23/2020)

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Letter

51

Feb 21, 2020

Letter MOTION for Leave to File Document (Amicus Brief) by National Consumer Law Center & Center for Responsible Lending. (Attachments: # 1 Amicus Brief) (Pizor, Andrew) (Entered: 02/21/2020)

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Leave to File Document

Apr 28, 2020

Order on Motion for Leave to File

Apr 28, 2020

ORDER granting 51 Letter Motion for Leave to File Document. The National Consumer Law Center and the Center for Responsible Lending are granted permission to file the amicus brief attached to their letter motion for the court's consideration. No further submissions will be allowed in connection with the sub judice motion to dismiss. Ordered by Judge Kiyo A. Matsumoto on 4/28/2020. (Ammari, Kamil)

52

Apr 29, 2020

TRIAL BRIEF (Amicus Brief) by National Consumer Law Center & Center for Responsible Lending (Pizor, Andrew) (Entered: 04/29/2020)

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Trial Brief

53

Jun 10, 2020

Letter Regarding Supplemental Authority by William Cohen, Christy Ogrodoski, Sue Paivanas (Attachments: # 1 Exhibit) (Frick, Charles) (Entered: 06/10/2020)

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Exhibit

54

Jun 11, 2020

Letter Regarding Supplemental Authority by Capital One Funding, LLC, Capital One Multi-Asset Execution Trust, The Bank of New York Mellon (Matheson, Cameron) (Entered: 06/11/2020)

55

Sep 21, 2020

Letter on behalf of Defendants to provide supplemental legal authority to the Court with respect to Defendants' pending Motion to Dismiss the First Amended Complaint by Capital One Funding, LLC, Capital One Master Trust, Capital One Multi-Asset Execution Trust, The Bank of New York Mellon (Snyder, Theodore) (Entered: 09/21/2020)

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Letter

56

Sep 28, 2020

ORDER granting 43 Motion to Dismiss for Failure to State a Claim. For the foregoing reasons, Defendants motion to dismiss is GRANTED. Plaintiffs' Amended Complaint is DISMISSED in its entirety. Plaintiffs fail to state a claim under New York's usury statute, which is preempted by the National Bank Act. The court declines to consider the applicability of the "valid when made" doctrine because the issue is moot. Moreover, Plaintiffs' unjust enrichment claim is dismissed as duplicative of their preempted usury claim. Finally, the court finds that any pleading amendment would be futile, and therefore dismisses the Amended Complaint with prejudice. The Clerk of the Court is respectfully directed to enter judgment and to close the case. Ordered by Judge Kiyo A. Matsumoto on 9/28/2020. (Brasky, Michael) (Entered: 09/28/2020)

Order on Motion to Dismiss for Failure to State a Claim

57

Sep 29, 2020

CLERK'S JUDGMENT that Defendants motion to dismiss is granted; Plaintiffs Amended Complaint is dismissed in its entirety with prejudice. Signed by Clerk of Court, Douglas C. Palmer, and by Deputy Clerk, Jalitza Poveda, on 9/29/2020. (Herrera, Isaiah) (Entered: 09/29/2020)

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Judgment - Clerk

58

Oct 28, 2020

NOTICE OF APPEAL as to 56 Order on Motion to Dismiss for Failure to State a Claim,,, by William Cohen, Christy Ogrodoski, Sue Paivanas. Filing fee $ 505, receipt number ANYEDC-13598774. Appeal Record due by 11/11/2020. (Frick, Charles) (Entered: 10/28/2020)

Oct 28, 2020

Electronic Index to Record on Appeal sent to US Court of Appeals. 58 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)

Oct 28, 2020

Electronic Index to Record on Appeal

59

Dec 2, 2020

MANDATE of USCA as to 58 Notice of Appeal filed by Christy Ogrodoski, Sue Paivanas, William Cohen. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Issued as Mandate: 12/2/20. USCA #20-3690. (McGee, Mary Ann) (Entered: 12/02/2020)

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