This case was last updated from U.S. District Courts on 03/12/2023 at 07:19:22 (UTC).

Vann v. Capital One Bank (USA), National Association et al

Case Summary

On 01/11/2023 Vann filed a Finance - Consumer Credit lawsuit against Capital One Bank USA , National Association. This case was filed in U.S. District Courts, New York Southern District Court. The Judge overseeing this case is Gregory H. Woods. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:23-CV-00266

  • Filing Date:

    01/11/2023

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Finance - Consumer Credit

Judge Details

Presiding Judge

Gregory H. Woods

 

Party Details

Plaintiff

Keli Vann

Defendants

Capital One Bank (USA), National Association

Rausch Sturm LLP

Attorney/Law Firm Details

Plaintiff Attorney

Robert George Wennemer, Jr

Attorney at Law Offices of Robert S. Gitmeid & Assoc., PLLC

30 Wall Street, 8Th Floor #741

New York, NY 10005

 

Court Documents

1 #1

Main Document

1 #1

Exhibit Settlement Agreement dated May 27, 2021

1 #2

Exhibit Plaintiff's Proof of Payment, June 2021 to November 2021

1 #3

Exhibit Plaintiff's Proof of Payment, February 2022

1 #4

Exhibit Plaintiff's Proof of Payment, April 2022

1 #5

Exhibit Plaintiff's Dispute Letters dated November 1, 2022 and November 30,

#2

(#2) CIVIL COVER SHEET filed..(Wennemer, Robert) (Entered: 01/11/2023)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Capital One Bank (USA), National Association, re: #1 Complaint,,. Document filed by Keli Vann..(Wennemer, Robert) (Entered: 01/11/2023)

#4

(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Rausch Sturm LLP, re: #1 Complaint,,. Document filed by Keli Vann..(Wennemer, Robert) (Entered: 01/11/2023)

#5

(#5) ELECTRONIC SUMMONS ISSUED as to Rausch Sturm LLP..(pc) (Entered: 01/12/2023)

#6

(#6) ELECTRONIC SUMMONS ISSUED as to Capital One Bank (USA), National Association..(pc) (Entered: 01/12/2023)

#7

(#7) ORDER: Although Capital One Bank has a branch in NYC, its headquarters are located in McLean, Virginia. Accordingly, the Court is inclined to transfer this case to the Eastern District of Virginia pursuant to 28 U.S.C. 1406(a). See 28 U.S.C. 1406(a) ("The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."). Plaintiff is ORDERED TO SHOW CAUSE no later than January 31, 2023 as to why this action should not be transferred to the Eastern District of Virginia. In the alternative, if Plaintiff is willing to transfer this action to the Eastern District of Virginia, the Court requests that Plaintiff submit a letter stating that it consents to the transfer of this action to the Eastern District of Virginia no later than January 31, 2023. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/24/2023) (ks) (Entered: 01/24/2023)

#8

(#8) LETTER addressed to Judge Gregory H. Woods from Robert Wennemer, Esq. dated January 26, 2023 re: Consent for Transfer of this Action to the United States District Court for the Eastern District of Virginia. Document filed by Keli Vann..(Wennemer, Robert) (Entered: 01/26/2023)

#9

(#9) ORDER: Plaintiff is directed to serve a copy of this order on all Defendants in this action and retain proof of service. The Clerk of Court is directed to transfer this case to the Eastern District of Virginia without delay. (Signed by Judge Gregory H. Woods on 1/27/2023) (rro) (Entered: 01/27/2023)

2 More Documents Available

 

Docket Entries

  • 01/30/2023
  • DocketReceived e-mail from the United States District Court - Eastern District of Virginia acknowledging receipt of transferred case. Assigned Case Number: 1:23-cv-00128, filed on 1/30/2023. (sac) (Entered: 01/30/2023)

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  • 01/27/2023
  • DocketCASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Virginia.(rro) (Entered: 01/27/2023)

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  • 01/27/2023
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  • Docket(#9) ORDER: Plaintiff is directed to serve a copy of this order on all Defendants in this action and retain proof of service. The Clerk of Court is directed to transfer this case to the Eastern District of Virginia without delay. (Signed by Judge Gregory H. Woods on 1/27/2023) (rro) (Entered: 01/27/2023)

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  • 01/26/2023
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  • Docket(#8) LETTER addressed to Judge Gregory H. Woods from Robert Wennemer, Esq. dated January 26, 2023 re: Consent for Transfer of this Action to the United States District Court for the Eastern District of Virginia. Document filed by Keli Vann..(Wennemer, Robert) (Entered: 01/26/2023)

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  • 01/24/2023
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  • Docket(#7) ORDER: Although Capital One Bank has a branch in NYC, its headquarters are located in McLean, Virginia. Accordingly, the Court is inclined to transfer this case to the Eastern District of Virginia pursuant to 28 U.S.C. 1406(a). See 28 U.S.C. 1406(a) ("The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."). Plaintiff is ORDERED TO SHOW CAUSE no later than January 31, 2023 as to why this action should not be transferred to the Eastern District of Virginia. In the alternative, if Plaintiff is willing to transfer this action to the Eastern District of Virginia, the Court requests that Plaintiff submit a letter stating that it consents to the transfer of this action to the Eastern District of Virginia no later than January 31, 2023. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/24/2023) (ks) (Entered: 01/24/2023)

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  • 01/12/2023
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  • Docket(#6) ELECTRONIC SUMMONS ISSUED as to Capital One Bank (USA), National Association..(pc) (Entered: 01/12/2023)

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  • 01/12/2023
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  • Docket(#5) ELECTRONIC SUMMONS ISSUED as to Rausch Sturm LLP..(pc) (Entered: 01/12/2023)

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  • 01/12/2023
  • DocketCase Designated ECF. (pc) (Entered: 01/12/2023)

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  • 01/12/2023
  • DocketMagistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) (Entered: 01/12/2023)

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  • 01/12/2023
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) (Entered: 01/12/2023)

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  • 01/11/2023
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Rausch Sturm LLP, re: #1 Complaint,,. Document filed by Keli Vann..(Wennemer, Robert) (Entered: 01/11/2023)

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  • 01/11/2023
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Capital One Bank (USA), National Association, re: #1 Complaint,,. Document filed by Keli Vann..(Wennemer, Robert) (Entered: 01/11/2023)

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  • 01/11/2023
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  • Docket(#2) CIVIL COVER SHEET filed..(Wennemer, Robert) (Entered: 01/11/2023)

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  • 01/11/2023
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  • Docket(#1) COMPLAINT against Capital One Bank (USA), National Association, Rausch Sturm LLP. (Filing Fee $ 402.00, Receipt Number ANYSDC-27191702)Document filed by Keli Vann. (Attachments: #1 Exhibit Settlement Agreement dated May 27, 2021, #2 Exhibit Plaintiff's Proof of Payment, June 2021 to November 2021, #3 Exhibit Plaintiff's Proof of Payment, February 2022, #4 Exhibit Plaintiff's Proof of Payment, April 2022, #5 Exhibit Plaintiff's Dispute Letters dated November 1, 2022 and November 30, 2022).(Wennemer, Robert) (Entered: 01/11/2023)

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