Case: Fierbaugh v. Capital One Services, LLC

Fierbaugh v. Capital One Services

Complaint ( Filing fee $ 405, receipt number AVAEDC-9914757.), filed by Anne Fierbaugh. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Curwood, Craig) (Main Document 1 replaced include civil action on 12/20/2024) (jenjones, ). (Entered: 12/20/2024)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Civil Cover Sheet

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Proposed Summons re 1 Complaint by Anne Fierbaugh. (Curwood, Craig) (Entered: 12/20/2024)

Summons Issued as to Capital One Services, LLC. NOTICE TO ATTORNEY: Please remove the headers and print two duplex copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention. Then electronically file the return using the filing events, Summons Returned Executed or Summons Returned Unexecuted. Please ensure that the original summons page signed by the clerk is the first document to appear when filing the return of service. (jenjones, ) (Entered: 12/20/2024)

Initial Case Assignment

Initial Case Assignment to District Judge Henry E. Hudson. (jenjones, )

WAIVER OF SERVICE Returned Executed by Anne Fierbaugh. Capital One Services, LLC waiver sent on 1/7/2025, answer due 3/10/2025. (Curwood, Craig) (Entered: 01/14/2025)

AMENDED COMPLAINT against Capital One Services, LLC, filed by Anne Fierbaugh.(Curwood, Craig) (Entered: 03/04/2025)

NOTICE of Appearance by Genevieve Claire Bradley on behalf of Capital One Services, LLC (Bradley, Genevieve) (Entered: 03/07/2025)

NOTICE of Appearance by Sean Michael Gibbons on behalf of Capital One Services, LLC (Gibbons, Sean) (Entered: 03/07/2025)

Consent MOTION for Extension of Time to File Answer re 5 Amended Complaint by Capital One Services, LLC. (Gibbons, Sean) (Entered: 03/07/2025)

Corporate Disclosure Statement by Capital One Services, LLC. (Gibbons, Sean) (Entered: 03/07/2025)

Motion to appear Pro Hac Vice by Naima Farrell and Certification of Local Counsel Sean Gibbons Filing fee $ 75, receipt number AVAEDC-10050757. by Capital One Services, LLC. (Gibbons, Sean) (Entered: 03/10/2025)

Motion to appear Pro Hac Vice by Tommy McCormac and Certification of Local Counsel Sean Gibbons Filing fee $ 75, receipt number AVAEDC-10050769. by Capital One Services, LLC. (Gibbons, Sean) (Entered: 03/10/2025)

Motion to appear Pro Hac Vice by Alexandria Murphy and Certification of Local Counsel Sean Gibbons Filing fee $ 75, receipt number AVAEDC-10050780. by Capital One Services, LLC. (Gibbons, Sean) (Entered: 03/10/2025)

ORDER (Granting Extension of Time) that the Motion (ECF No. 8 ) is GRANTED. Defendant shall have up to and including March 25, 2025, to file its response. It is so ORDERED. Signed by District Judge Henry E. Hudson on 3/10/2025. (jenjones, ) (Entered: 03/10/2025)

ORDER granting 10 Motion for Naima Lillian Farrell to appear Pro hac vice for Capital One Services, LLC. Signed by District Judge Henry E. Hudson on 3/10/2025. (jenjones, ) (Entered: 03/10/2025)

ORDER granting 11 Motion for Thomas McCormac, IV to appear Pro hac vice for Capital One Services, LLC. Signed by District Judge Henry E. Hudson on 3/10/2025. (jenjones, ) (Entered: 03/10/2025)

ORDER granting 12 Motion for Alexandria Corbin Murphy to appear Pro hac vice for Capital One Services, LLC. Signed by District Judge Henry E. Hudson on 3/10/2025. (jenjones, ) (Entered: 03/10/2025)

NOTICE of Appearance by Shannon Rose Thielen on behalf of Capital One Services, LLC (Thielen, Shannon) (Entered: 03/13/2025)

NOTICE of Appearance by Jason Craig Schwartz on behalf of Capital One Services, LLC (Schwartz, Jason) (Entered: 03/25/2025)

MOTION to Dismiss for Failure to State a Claim and/or to Strike by Capital One Services, LLC. (Schwartz, Jason) (Entered: 03/25/2025)

Memorandum in Support re 19 MOTION to Dismiss for Failure to State a Claim and/or to Strike filed by Capital One Services, LLC. (Schwartz, Jason) (Entered: 03/25/2025)

Memorandum in Opposition re 19 MOTION to Dismiss for Failure to State a Claim and/or to Strike filed by Anne Fierbaugh. (Curwood, Craig) (Entered: 04/08/2025)

SCHEDULING ORDER with Attachment # 1 Pretrial Schedule A - Initial Pretrial Conference set for 5/8/2025 at 9:45 AM before District Judge Henry E. Hudson (Order issued by deputy clerk at the direction of the Court) (rpiz) (Entered: 04/11/2025)

REPLY to Response to Motion re 19 MOTION to Dismiss for Failure to State a Claim and/or to Strike filed by Capital One Services, LLC. (Schwartz, Jason) (Entered: 04/14/2025)

ORDER (Settlement Conference Referral) that the settlement conference and proceedings required by section I(E)(1) of Pretrial Schedule A are referred to United States Magistrate Judge Summer L. Speight. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Speight within five (5) days of the date of this Order to schedule the conference, which should occur at least thirty (30) days before the start of trial and at such time as Magistrate Judge Speight shall approve. It is so ORDERED. Signed by District Judge Henry E. Hudson on 5/8/2025. (jenjones, ) (Entered: 05/08/2025)

Initial Pretrial Conference held on 5/8/2025 before District Judge Henry E. Hudson (rpiz)

Set Hearings as to 19 Motion to Dismiss and/or Strike First Amended Complaint: Motion Hearing set for 7/9/2025 at 10:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (rpiz)

Case referred to Magistrate Judge Summer L. Speight. (jenjones, )

ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE - The Court has scheduled this case for a settlement conference on September 8, 2025 at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Summer L. Speight. In addition to counsel, each party must have a representative physically present with the full authority to settle this action. SEE ORDER FOR DETAILS. It is so ORDERED. Signed by Magistrate Judge Summer L. Speight on 5/22/2025. (jenjones, ) (Entered: 05/23/2025)

Set Hearing: Settlement Conference set for 9/8/2025 at 09:30 AM in Richmond Judges Chamber before Magistrate Judge Summer L. Speight. (jsau, )

Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Liscio, OCR): Motion Hearing held on 7/9/2025 re 19 Motion to Dismiss and/or to Strike Plaintiff's First Amended Complaint filed by Capital One Services, LLC. Argument heard. Findings given from the Bench; motion denied with leave given to renew. Memorandum Opinion to enter. Defendant's oral motions to certify issue to the Fourth Circuit and sever state law claim; motions to be filed for consideration by the Court. (rpiz) (Entered: 07/09/2025)

ANSWER to Complaint by Capital One Services, LLC.(Schwartz, Jason) (Entered: 07/23/2025)

NOTICE Supplemental Authority by Anne Fierbaugh re: 19 MOTION to Dismiss for Failure to State a Claim and/or to Strike (Attachments: # 1 Exhibit Grice v. Independent Bank (Slip Op.))(Curwood, Craig). Modified on 8/13/2025. (sbea) (Entered: 08/06/2025)

Consent MOTION for Protective Order by Capital One Services, LLC. (Attachments: # 1 Exhibit A)(Gibbons, Sean) (Entered: 08/08/2025)

1 Exhibit A

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Response to 28 NOTICE Supplemental Authority filed by Capital One Services, LLC. (Bradley, Genevieve). Modified on 8/13/2025. (sbea) (Entered: 08/12/2025)

STIPULATED PROTECTIVE ORDER. See Order for Details. Signed by District Judge Henry E. Hudson on 8/19/2025. (Attachments: # 1 Exhibit A)(jenjones, ) (Entered: 08/19/2025)

Minute Entry for proceedings held before Magistrate Judge Summer L. Speight: Settlement Conference held on 9/8/2025. (smej, )

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 9/10/2025. (jenjones, )

ORDER (Denying Defendant's Motion to Dismiss and/or Strike) - For the reasons set forth in the accompanying Memorandum Opinion, the Court orders the following: The Motion to Dismiss under Rule 12(b)(6) is DENIED. The Motion to Strike under Rule 12(f) is DENIED. The Motion to Strike under Rule 23(d)(1)(D) is DENIED. It is so ORDERED. Signed by District Judge Henry E. Hudson on 9/10/2025. (jenjones, ) (Entered: 09/10/2025)