Since Thomas v. TU has so many interesting filings, I'm also going to order some of the documents from this landmark MBNA jury verdict and the affirmed appeal.
The district court docket:
U.S. District Court
Eastern District of Virginia (Richmond)
CIVIL DOCKET FOR CASE #: 02-CV-523
Johnson, et al v. Experian Information, et al
Filed: 07/25/02
Assigned to: Judge Richard L. Williams
Jury demand: Plaintiff
Demand: $0,000
Nature of Suit: 320
Lead Docket: None
Jurisdiction: Federal Question
Dkt # in member case : is 3:02-cv-00531
Dkt # in member case : is 3:02-cv-00527
Cause: 15:1681 Fair Credit Reporting Act
--------------------------------------------------------------------------------
LINDA J. SLATER Leonard Anthony Bennett
plaintiff [term 01/10/03]
[term 01/10/03] [COR LD NTC]
Leonard A. Bennett, P.C.
12515 Warwick Boulevard
Suite 201
Newport News, VA 23606
(757) 930-3660
LINDA JOHNSON Leonard Anthony Bennett
plaintiff (See above)
[COR LD NTC]
v.
EXPERIAN INFORMATION SOLUTIONS, Mark Lawrence Glassman
INC. [term 01/05/04]
defendant (202) 879-3455
[term 01/05/04] [COR LD NTC]
Virginia Conklin Theis
[term 01/05/04]
(202) 879-5445
[COR]
Jones Day
51 Louisiana Ave NW
Washington, DC 20001
(202) 879-3939
MBNA AMERICA BANK, N.A. Earle Duncan Getchell, Jr.
defendant [COR]
William Harrison Baxter, II
(804) 775-4323
[COR LD NTC]
McGuireWoods LLP
1 James Ctr
901 E Cary St
Richmond, VA 23219-4030
(804) 775-1000
EQUIFAX CREDIT INFORMATION Melvin Alfred Todd
SERVICES, INC. [term 11/14/02]
consolidated defendant (202) 508-5862
[term 11/14/02] [COR LD NTC]
Kilpatrick Stockton LLP
607 14th St NW
Suite 900
Washington, DC 20005-2018
(202) 508-5800
John Anthony Love
[term 11/14/02]
(404) 815-6224
[COR LD NTC]
Kilpatrick Stockton LLP
1100 Peachtree St
Suite 2800
Atlanta, GA 30309
**NA**
(404) 815-6500
Adam Jason August
[term 11/14/02]
Below Address Terminated on 11/15/02
[COR LD NTC]
Kilpatrick Stockton LLP
11130 Sunrise Valley Dr
Suite 300
Reston, VA 20191
(703) 648-8500
TRANS UNION, LLC Stanley Paul Wellman
consolidated defendant [term 01/10/03]
[term 01/10/03] [COR LD NTC]
Mark Gregory Carlton
[term 01/10/03]
[COR]
Harman Claytor Corrigan &
Wellman
4951 Lake Brook Dr
Suite 100
Glen Allen, VA 23059
(804) 747-5200
Mark E. Kogan
[term 01/10/03]
[COR NTC]
Satzberg, Trichon, Kogan &
Wertheimer PC
1818 Market St
30th Fl
Philadelphia, PA 19103
***N/A***
(215) 575-7600
--------------------------------------------------------------------------------
DOCKET PROCEEDINGS
--------------------------------------------------------------------------------
DATE # DOCKET ENTRY
7/25/02 1 COMPLAINT - Filing Fee $150.00, Receipt #64490; jury demand
(rpiz) [Entry date 07/26/02]
7/25/02 -- Jury Trial Flag (rpiz) [Entry date 07/26/02]
7/26/02 -- SUMMONS(ES) issued for Experian Information and MBNA
America Bank; planitiff's attorney telephoned for pick-up
(rpiz)
8/19/02 2 SUMMONS Returned Executed as to Experian Information 8/1/02
Answer due on 8/21/02 for Experian Information (rpiz)
8/20/02 3 ANSWER to Complaint by Experian Information (Attorneys Mark
Lawrence Glassman, Virginia Conklin Theis) (rpiz)
[Entry date 08/21/02]
8/20/02 4 Financial Interest Disclosure Statement (Local Rule 7.1) by
Experian Information (rpiz) [Entry date 08/21/02]
8/28/02 5 Certificate of Compliance of the Secretary of the
Commonwealth as to MBNA America Bank; Answer due 9/17/02 for
MBNA America Bank (rpiz) [Entry date 08/29/02]
[Edit date 09/16/02]
9/17/02 6 ANSWER to Complaint by MBNA America Bank (Attorney William
Harrison Baxter II, Earle Duncan Getchell Jr.), (mful)
[Entry date 09/18/02]
9/24/02 7 SCHEDULING ORDER setting Pretrial Conference for 9:40
10/10/02 ; ( signed by Judge Richard L. Williams )
Copies Mailed: yes (jpea)
10/10/02 -- Deadline updated; RESET Pretrial Conference for 9:40
10/10/02 before Judge Richard L. Williams (jpea)
10/10/02 8 PRETRIAL ORDER filed Jury Trial date 9:30 1/21/03 ( signed
by Judge Richard L. Williams ) Copies Mailed: yes (jpea)
[Entry date 10/11/02]
10/10/02 -- Pre-Trial Conference held (jpea) [Entry date 10/11/02]
10/11/02 9 ORDER that civil cases 3:02cv523, 3:02cv527, and 3:02cv531
shall be consolidated for all purposes including the trial
on 1/21/03; clerk is directed to consolidate these three
cases under 3:02cv523 and the parties are directed to file
all future pleadings under 3:02cv523 only ( signed by Judge
Richard L. Williams ) Copies Mailed: yes [EOD Date:
10/11/02] (mful)
10/11/02 10 ORDER that the parties and counsel are directed to contact
the chambers of Judge Lowe within 5 days of receipt of this
order to schedule a settlement conference; see order for
additional details ( signed by Judge Richard L. Williams )
Copies Mailed: yes and to Judge Lowe [EOD Date: 10/11/02]
(mful)
10/11/02 -- Consolidated Member Case. Lead Case Number: 3:02 cv523
(mful)
10/11/02 -- Consolidated Lead Case (mful)
11/13/02 11 AGREED MOTION by Equifax Credit, Linda J. Slater to
Dismiss (khan)
11/14/02 -- So Ordered: granting [11-1] motion by Equifax Credit, Linda
J. Slater to Dismiss;this dismissal will not effect Pltf's
claims against the other co-defendant ( signed by Judge
Richard L. Williams ) Copies Mailed: yes (cgar)
11/25/02 12 MOTION by Equifax Credit for Adam August to Withdraw as
Attorney (cgar) [Entry date 11/26/02]
12/10/02 -- So Ordered: granting [12-1] motion by Equifax Credit for
Adam August to Withdraw as Attorney ( signed by Judge
Richard L. Williams ) Copies Mailed: yes (scoo)
12/19/02 13 JOINT MOTION by Linda J. Slater, MBNA America Bank by MBNA
America Bank, Linda J. Slater to Dismiss Counts 1 and 3
(scoo) [Entry date 12/23/02]
12/24/02 14 MOTION by MBNA America Bank for Summary Judgment on Count
II of Pltf's Complaint (cmcc) [Entry date 12/26/02]
12/24/02 15 MEMORANDUM by MBNA America Bank in support of [14-1] motion
by MBNA America Bank for Summary Judgment on Count II of
Pltf's Complaint (Exhibits in brown expandable) (cmcc)
[Entry date 12/26/02] [Edit date 12/26/02]
12/30/02 16 ORDER granting [13-1] joint motion by MBNA America Bank,
Linda J. Slater to Dismiss Counts 1 and 3, Count 1 and
Count III are dismissed without prejudice, this case shall
proceed on Count II ( signed by Judge Richard L. Williams )
Copies Mailed: yes [EOD Date: 12/30/02] (scoo)
1/7/03 -- Motion hearing as to Linda J. Slater, Experian Information,
MBNA America Bank, Equifax Credit, Trans Union, LLC [14-1]
motion by MBNA America Bank for Summary Judgment on Count
II of Pltf's Complaint set at 3:30 1/16/03 before Judge
Richard L. Williams (jpea)
1/9/03 -- Plaintiff's Memo. In Response to MBNA America Bank's Motion
for Summary Judgment rec'd and placed on left pending Order
before Court. (Exhibits placed in brown expandable) (thom)
[Edit date 01/09/03]
1/10/03 17 ORDER that Pltf's response time to Deft's Motion for
Summary Judgment on Count II of Pltf's Complaint is hereby
enlarged, Pltf's Memorandum in Opposition to MBNA America
Bank NA's Motion for Summary Judgement on Count II of
Pltf's Complaint is deemed timely filed ( signed by Judge
Richard L. Williams ) Copies Mailed: yes [EOD Date:
1/10/03] (cmcc)
1/10/03 18 RESPONSE by Linda J. Slater to [14-1] motion by MBNA
America Bank for Summary Judgment on Count II of Pltf's
Complaint by MBNA America Bank (cmcc)
1/10/03 19 ORDER that Pltf's name, Linda J. Slater, be changed to
Linda Johnson within the style and pleadings of this case.
(signed by Judge Richard L. Williams ) Copies Mailed: yes
[EOD Date: 1/10/03] (cmcc)
1/10/03 20 ORDER, Stipulation of Dismissal by Pltf. and Deft. that
this cause be dismissed as to Deft. Trans Union, LLC (
signed by Judge Richard L. Williams ) Copies Mailed: yes
[EOD Date: 1/10/03] (cmcc)
1/14/03 21 Witness list by MBNA America Bank (cmcc)
[Entry date 01/15/03] [Edit date 01/15/03]
1/14/03 22 Exhibit list by MBNA America Bank (cmcc)
[Entry date 01/15/03] [Edit date 01/15/03]
1/14/03 -- Exhibits received by MBNA America Bank (1 black binder in 2
sets) (cmcc) [Entry date 01/15/03]
1/14/03 23 Exhibit list by Linda Johnson (cmcc) [Entry date 01/15/03]
1/14/03 24 Witness list by Linda Johnson (cmcc) [Entry date 01/15/03]
1/14/03 -- Exhibits received by Linda Johnson (1 black binder in 2
sets) (cmcc) [Entry date 01/15/03]
1/15/03 25 MEMORANDUM by MBNA America Bank in support of [14-1]
motion by MBNA America Bank for Summary Judgment on Count
II of Pltf's Complaint (cmcc)
1/15/03 25 REPLY by MBNA America Bank to response to [14-1] motion by
MBNA America Bank for Summary Judgment on Count II of
Pltf's Complaint (cmcc)
1/15/03 26 Amended Witness list by Linda Johnson (cmcc)
1/15/03 -- Deadline updated; RESET Jury Trial for 9:30 1/21/03
before Judge Richard L. Williams (jpea)
1/15/03 27 Proposed Jury instructions by MBNA America Bank, and
diskette (cmcc)
1/16/03 28 Rule 26(a)(3) OBJECTION by defendant MBNA America Bank to
[26-1] witness list list by Linda Johnson (cmcc)
1/16/03 29 OBJECTION by defendant MBNA America Bank to [0-0] exhibits
received by Linda Johnson (cmcc)
1/16/03 30 Document(s) filed by plaintiff Linda Johnson, Pltf's
Proposed Deposition Summaries, in lieu of the actual
depositions excerpts of Edward Hughes, Trisha Furr, Tonya
Grimes and Julie Eldreth, in brown expandable (cmcc)
[Edit date 01/16/03]
1/16/03 31 Proposed Jury instructions by Linda Johnson, and diskette.
(cmcc) [Edit date 01/16/03]
1/16/03 32 Minute entry: IN OPEN COURT: Williams, J., Gilbert Halasz,
OCR. Parties by counsel. Matter came on for hearing on
Deft's motion for summary judgment. Arguments had. For the
reasons stated from the bench, Deft's motion granted in
part and denied in part. Order to enter.(30 mins.) (jpea)
1/17/03 33 ORDER granting in part, denying in part [14-1] motion by
MBNA America Bank for Summary Judgment on Count II of
Pltf's Complaint, it is ORDERED that Deft's motion is
granted as to Pltf's claim under 15 USC Section 1681s-2(a)
and denied as to Pltf's claim under 15 USC Section
1681s-2(b) ( signed by Judge Richard L. Williams ) Copies
Mailed: yes [EOD Date: 1/17/03] (cmcc)
1/17/03 34 OBJECTION by defendant MBNA America Bank to [30-1] by
Linda Johnson, Proposed Trial Exhibits, Exhibit 13. (cmcc)
1/17/03 35 Proposed Supplemental Jury instructions by MBNA America
Bank (cmcc)
1/17/03 36 MOTION by MBNA America Bank in limine (cmcc)
1/17/03 37 MOTION by MBNA America Bank in limine (cmcc)
1/21/03 38 NOTICE of filing deposition transcripts of Linda Johnson,
Sandra Scanlon, Tonya Grimes, Edward Hughes, Julie Eldreth
and Trisha Furr by MBNA America Bank (transcripts in
brown expandable) (scoo)
1/21/03 39 OBJECTION by plaintiff Linda Johnson to [35-1]
instructions jury by MBNA America Bank (cmcc)
1/21/03 40 Response by Linda Johnson to Deft's Written Objections to
Pltf's Proposed Jury Instructions. (cmcc)
1/21/03 41 MOTION by MBNA America Bank to Strike Pltf's Errata Sheet
(scoo)
1/21/03 42 MEMORANDUM by MBNA America Bank in support of [41-1]
motion by MBNA America Bank to Strike Pltf's Errata Sheet
(scoo)
1/21/03 43 MOTION by MBNA America Bank for Voir Dire Questions (scoo)
1/21/03 44 OBJECTION by defendant MBNA America Bank to ptf's
deposition summaries [30-1] by Linda Johnson (scoo)
1/21/03 45 Second List of Supplemental Proposed Jury instructions by
MBNA America Bank (diske in white envelope on left side of
case file) (scoo)
1/21/03 46 OBJECTION by defendant MBNA America Bank to [31-1]
instructions jury (scoo)
1/21/03 47 Minute entry: JURY TRIAL PROCEEDINGS: Williams, J., Gilbert
Halasz, OCR. Pltf w/Atty Leonard A. Bennett; and, Deft
by/Atty E. Duncan Getchell, Jr. Jury. Matter came on for
Jury Trial proceedings. Jury sworn and examined on voir
dire. Jury empaneled; sworn to try issues. Witnesses
excluded on motion of Deft. Motions before trial heard and
resolved by the Court. Opening statements had. Pltf adduced
evidence. Rested. Motion after Pltf rested heard and denied
by the Court. Deft adduced evidence. Rested. Motion after
Deft rested heard and denied by the Court. Evidence
concluded. Proposed jury charge discussed with counsel in
the absence of the Jury. Arguments had. Jury charged by the
Court. Objections and/or exceptions to the charge noted by
Pltf and Deft. Jury retired to deliberate at 3:35 p.m.
Inquiries of the Jury received and answered by the Court.
Jury returned verdict in favor of Pltf at 5:20 p.m. in the
sum of $90,300.00. Jury Polled at Deft's request. Jury
discharged. Clerk to enter judgment on the Jury Verdict.
All exhibits returned to counsel.(4 hrs., 30 mins.) (jpea)
[Entry date 01/22/03]
1/21/03 -- Jury Trial held (jpea) [Entry date 01/22/03]
1/21/03 48 JURY VERDICT FORM in favor of Pltf Linda Johnson in the
sume of $90,300.00. (jpea) [Entry date 01/22/03]
1/21/03 49 JUDGMENT IN A CIVIL CASE in favor of Pltf Linda Johnson
against Deft MBNA America Bank in the sum of $90,300.00. (
signed by the Deputy Clerk per Judge Richard L. Williams )
Copies Mailed: yes [EOD DATE: 1/22/03] (jpea)
[Entry date 01/22/03]
1/22/03 -- Case closed (cmcc)
1/27/03 50 TRANSCRIPT for trial dates of 01/21/03; placed in brown
expandable. (cmcc) [Entry date 01/28/03]
1/31/03 51 Bill of costs in the amount of $1,998.73 by Attorney
Leonard A. Bennett for Linda Johnson (cmcc)
[Entry date 02/05/03] [Edit date 02/05/03]
1/31/03 52 MEMORANDUM of Law by Linda Johnson in support of [51-1] by
Linda Johnson; Supplemental Declaration of Leonard A.
Bennett received and attached 2/6/03. (cmcc)
[Entry date 02/05/03] [Edit date 02/07/03]
2/4/03 53 Renewed MOTION by MBNA America Bank for Judgment as a
Matter of Law (cmcc) [Entry date 02/05/03]
2/4/03 54 MEMORANDUM of Points and Authorities by MBNA America Bank
in support of [53-1] motion by MBNA America Bank for
Judgment as a Matter of Law (cmcc) [Entry date 02/05/03]
2/14/03 55 MOTION by MBNA America Bank to Defer Plaintiff's Motion
for Award of Costs, Expenses, and Reasonable Attorney's
Fees (cmcc) [Entry date 02/19/03]
2/14/03 56 MEMORANDUM by MBNA America Bank in support of [55-1]
motion by MBNA America Bank (cmcc) [Entry date 02/19/03]
2/14/03 57 OBJECTION by defendant MBNA America Bank to [51-1] Bill of
Costs by Linda Johnson (cmcc) [Entry date 02/19/03]
2/19/03 58 RESPONSE by Linda Johnson to [53-1] motion by MBNA America
Bank for Judgment as a Matter of Law by MBNA America Bank
(Exhibits in brown expandable.) (cmcc)
[Edit date 02/19/03]
2/20/03 59 Consent ORDER, it is hereby ORDERED that any award of
costs, expenses, or attorney's fees in this case shall be
deferred until after such time as MBNA's post-trial motion
and any further appeals that may be filed in this matter
are concluded; this Court retains jurisdiction to decide
these issues at that time ( signed by Judge Richard L.
Williams ) Copies Mailed: yes [EOD Date: 2/20/03] (cmcc)
2/20/03 60 NOTICE OF APPEAL OF [49-1] judgment order by MBNA America
Bank . FILING FEE $ 105.00 RECEIPT # 67202 Copies sent
to Linda J. Slater, Experian Information, MBNA America Bank,
Equifax Credit, Trans Union, LLC, Linda Johnson; TPO package
given out (cmcc) [Edit date 02/21/03]
2/21/03 -- Motion hearing as to Experian Information, MBNA America
Bank, Linda Johnson [55-1] motion by MBNA America Bank set
at 2:00 2/24/03, [53-1] motion by MBNA America Bank for
Judgment as a Matter of Law set at 2:00 2/24/03 before
Judge Richard L. Williams (jpea)
2/21/03 61 REPLY Brief by MBNA America Bank to response to [53-1]
motion by MBNA America Bank for Judgment as a Matter of Law
(cmcc) [Entry date 02/24/03]
2/24/03 62 Minute entry: IN OPEN COURT: Williams, J., Gilbert Halasz,
OCR. Parties by counsel. Matter came on for hearing on
Deft's post-trial motion for judgment as a matter of law.
Arguments had. For the reasons stated from the bench, Court
denied Deft's motion. Should an appeal be noted, a
supersedeas bond shall be posted in the amount of
$150,000.00. Order to enter.(30 mins.) (jpea)
2/25/03 63 ORDER denying [53-1] motion by MBNA America Bank for
Judgment as a Matter of Law, for reasons stated from the
Bench at a hearing on February 24, 2003 ( signed by Judge
Richard L. Williams ) Copies Mailed: yes [EOD Date:
2/25/03] (cmcc)
2/26/03 64 AMENDED NOTICE OF APPEAL OF [49-1] judgment order by MBNA
America Bank . Copies sent to Linda J. Slater, Experian
Information, MBNA America Bank, Equifax Credit, Trans Union,
LLC, Linda Johnson; TPO package mailed (cmcc)
[Entry date 02/27/03] [Edit date 02/27/03]
2/27/03 -- USCA Case Number Re: [60-1] appeal by defendant CASE
MANAGER: Merlene Smith-Taylor USCA NUMBER: 03-1235 (cmcc)
[Entry date 02/28/03]
2/28/03 65 TRANSCRIPT for dates of 02/24/03, post-trial motions,
before the Honorable Richard L. Williams, United States
District Judge (cmcc) [Entry date 03/03/03]
3/6/03 -- USCA Case Number Re: [64-1] amended appeal by defendant
CASE MANAGER: Merlene Smith-Taylor USCA NUMBER: 03-1235
(cmcc) [Entry date 03/10/03]
3/7/03 -- LETTER received from 4CCA requesting transmittal of
transcript in this matter (cmcc) [Entry date 03/10/03]
3/17/03 66 Certification of Completion sent to USCA re: [64-1] Appeal
by MBNA America Bank and [60-1] Appeal by MBNA America Bank
(walk)
3/18/03 -- Letter sent to all counsel that cost will be taxed on March
27, 2003. (jpea)
3/18/03 -- USCA Case Number Re: CASE MANAGER: Merlene Smith-Taylor
USCA NUMBER: 03-1235 (Transmittal of Certif.) (cmcc)
[Entry date 03/25/03]
3/21/03 -- Pursuant to Consent Order of 2/20/03, costs will not be
taxed at this time. (lmcd)
1/5/04 67 ORDER that the Complaint filed herein is DISMISSED WITH
PREJUDICE as to Experian Information Solutions ( signed by
Judge Richard L. Williams ) Copies Mailed: yes [EOD Date:
1/5/04] (cmcc) [Edit date 01/05/04]
2/11/04 68 Copy of Opinion of USCA re: [60-1] appeal by MBNA America
Bank, [64-1] amended appeal by MBNA America Bank Decided
February 11, 2004 AFFIRMED the District Court decision;
attached copy of judgment will not take effect until
issuance of the mandate. (cmcc) [Entry date 02/12/04]
2/11/04 69 JUDGMENT OF USCA (certified copy) with copy of opinion of
USCA AFFIRMED the judgment of the District Court re: [60-1]
appeal, [64-1] amended appeal (cmcc) [Entry date 02/12/04]
2/26/04 70 Stipulated ORDER that Plaintiff shall file and serve her
supplemental petition for attorneys' fees and costs within
28 days from issuance of the mandate from the United States
Court of Appeals ( signed by Judge Richard L. Williams )
Copies Mailed: yes [EOD Date: 2/26/04] (cmcc)
3/8/04 71 USCA Order as to plaintiff Linda J. Slater, the Court
awards $364.75 in costs. (cgar)
3/8/04 72 JUDGMENT OF USCA (certified copy) with copy of opinion of
USCA affirms the judgment of the District Court the
judgment of the District Court re: [64-1] appeal (cgar)
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Case Flags:
CLOSED
LEAD
3:02
cv523
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END OF DOCKET: 3:02cv523