8:19cv1628, Shuthima Pongsai V. American Express Company Et Al
`
`US District Court Docket
`
`US District Court for the Central District of California
`
`(Southern Division - Santa Ana)
`
`This case was retrieved on 01/04/2021
`
`Header
`
`Case Number: 8:19cv1628
`Date Filed: 08/23/2019
`Assigned To: Judge David O. Carter
`Referred To: Magistrate Judge John D. Early
`Nature of Suit: Consumer Credit (480)
`Cause: Fair Credit Reporting Act
`Lead Docket: None
`Other Docket: None
`Jurisdiction: Federal Question
`
`Litigants
`Shuthima Pongsai
`Plaintiff
`
`Class Code: Open
`Statute: 15:1681
`Jury Demand: Both
`Demand Amount: $0
`NOS Description: Consumer Credit
`
`Attorneys
`Farmon Javad Rahimi
`LEAD ATTORNEY;ATTORNEY TO BE NOTICED
`Los Angeles Legal Solutions APLC
`7136 Haskell Avenue Suite 333
`Van Nuys, CA 91406
`USA
`818-510-0555  Fax: 818-510-0590
`Email:Jay@lalslaw.Com
`
`Pamela Erin Prescott
`ATTORNEY TO BE NOTICED
`Kazerouni Law Group APC
`245 Fischer Avenue
`Costa Mesa, CA 93420
`USA
`800-400-6808  Fax: 800-520-5523
`Email:Pamela@kazlg.Com
`
`Seyed Abbas Kazerounian
`ATTORNEY TO BE NOTICED
`Kazerouni Law Group APC
`245 Fischer Avenue Suite D1
`Costa Mesa, CA 92626
`USA
`800-400-6808  Fax: 800-520-5523  Email:Ak@kazlg.Com
`
`Matthew Michael Loker
`
`Medtronic Exhibit 1027
`Medtronic Corevalve v. Colibri Heart Valve
`IPR2020-01454
`Page 00001
`
`

`

`8:19cv1628, Shuthima Pongsai V. American Express Company Et Al
`
`Page 2 of 18
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`Litigants
`
`American Express Company
`Defendant
`
`Attorneys
`ATTORNEY TO BE NOTICED
`Loker Law APC
`1303 East Grand Avenue Suite 101
`Arroyo Grande, CA 93420
`USA
`805-465-9434  Fax: 805-994-0197 
`Email:Matt@loker.Law
`Amanda S Depuy
`LEAD ATTORNEY;ATTORNEY TO BE NOTICED
`Shook Hardy and Bacon LLP
`5 Park Plaza No 1600
`Irvine, CA 92614
`USA
`949-475-1500  Fax: 949-475-0016 
`Email:Adepuy@shb.Com
`
`Paul B. La Scala
`LEAD ATTORNEY;ATTORNEY TO BE NOTICED
`Shook Hardy and Bacon LLP
`Jamboree Center 5 Park Plaza Suite 1600
`Irvine, CA 92614-2546
`USA
`949-475-1500  Fax: 949-475-0016 
`Email:Plascala@shb.Com
`
`Timothy Peter Johnson
`LEAD ATTORNEY;ATTORNEY TO BE NOTICED
`Barron and Newburger PC
`1970 Old Tustin Avenue 2nd Floor
`Santa Ana, CA 92705
`USA
`714-832-1170  Fax: 714 832 1179  Email:Tjohnson@bn-
`Lawyers.Com
`
`Gabriel Scott Spooner
`ATTORNEY TO BE NOTICED
`Shook Hardy and Bacon LLP
`Jamboree Center 5 Park Plaza Suite 1600
`Irvine, CA 92614-2546
`USA
`949-475-1500  Fax: 949-475-0016 
`Email:Gspooner@shb.Com
`
`Laura M Booth
`ATTORNEY TO BE NOTICED
`Shook Hardy and Bacon LLP
`5 Park Plaza Suite 1600
`Irvine, CA 92614
`USA
`949-475-1500  Fax: 949-475-0016 
`Email:Lbooth@shb.Com
`
`Victoria Patricia McLaughlin
`
`[Terminated: 03/17/2020]
`Stradling Yocca Carlson and Rauth
`660 Newport Center Drive Suite 1660
`Newport Beach, CA 92660
`USA
`
`IPR2020-01454 Page 00002
`
`

`

`8:19cv1628, Shuthima Pongsai V. American Express Company Et Al
`
`Page 3 of 18
`
`Litigants
`
`Equifax Information Services LLC
`[Terminated: 01/06/2020]
`Defendant
`
`Experian Information Solutions, Inc.
`[Terminated: 06/12/2020]
`Defendant
`
`Trans Union LLC
`[Terminated: 05/15/2020]
`Defendant
`
`Michael G Balmages
`Mediator (ADR Panel)
`
`Proceedings
`
`Attorneys
`949-725-4075  Email:Vmclaughlin@sycr.Com
`Thomas P Quinn , Jr
`LEAD ATTORNEY;ATTORNEY TO BE NOTICED
`Nokes and Quinn APC
`410 Broadway Suite 200
`Laguna Beach, CA 92651
`USA
`949-376-3500  Fax: 949-376-3070 
`Email:Tquinn@nokesquinn.Com
`Katherine A Neben
`LEAD ATTORNEY;ATTORNEY TO BE NOTICED
`Jones Day
`3161 Michelson Drive Suite 800
`Irvine, CA 92612
`USA
`949-851-3939  Fax: 949-553-7539 
`Email:Kneben@jonesday.Com
`Donald E. Bradley
`ATTORNEY TO BE NOTICED
`Musick Peeler and Garrett LLP
`650 Town Center Drive Suite 1200
`Costa Mesa, CA 92626
`USA
`714-668-2400  Fax: 714-668-2490 
`Email:D.Bradley@musickpeeler.Com
`
`Paul W Sheldon
`PRO HAC VICE;ATTORNEY TO BE NOTICED
`Quilling Selander Lownds Winslett and Moser PC
`6900 North Dallas Parkway Suite 800
`Plano, TX 75024
`USA
`214-560-5453  Fax: 214-871-2111 
`Email:Psheldon@qslwm.Com
`
`Kristin L. Marker
`PRO HAC VICE;ATTORNEY TO BE NOTICED
`Quilling Selander Lownds Winslett and Moser PC
`6900 North Dallas Parkway Suite 800
`Plano, TX 75024
`USA
`214-560-5454  Fax: 214-871-2111 
`Email:Kmarker@qslwm.Com
`Michael G Balmages
`LEAD ATTORNEY;ATTORNEY TO BE NOTICED
`Balmages Law Office
`360 East 1st Street No 896
`Tustin, CA 92780-3211
`USA
`714-838-7000  Fax: 714-838-7784 
`Email:Mbalmages@balmageslaw.Com
`
`IPR2020-01454 Page 00003
`
`

`

`8:19cv1628, Shuthima Pongsai V. American Express Company Et Al
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`Page 4 of 18
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`Source
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`#
`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`Date
`08/23/2019
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`08/23/2019
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`08/23/2019
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`08/23/2019
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`08/23/2019
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`08/23/2019
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`08/23/2019
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`08/23/2019
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`08/23/2019
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`08/23/2019
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`08/23/2019
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`08/23/2019
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`08/23/2019
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`08/27/2019
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`10/06/2019
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`16
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`10/10/2019
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`17
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`10/10/2019
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`18
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`10/17/2019
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`Proceeding Text
`COMPLAINT Receipt No: 0973-24316300 - Fee: $400, filed by
`Plaintiff Shuthima Pongsai. (Attorney Matthew M Loker added to
`party Shuthima Pongsai(pty:pla))(Loker, Matthew) (Entered:
`08/23/2019)
`Request for Clerk to Issue Summons on Complaint (Attorney Civil
`Case Opening) 1 filed by Plaintiff Shuthima Pongsai. (Loker,
`Matthew) (Entered: 08/23/2019)
`Request for Clerk to Issue Summons on Complaint (Attorney Civil
`Case Opening) 1 filed by Plaintiff Shuthima Pongsai. (Loker,
`Matthew) (Entered: 08/23/2019)
`Request for Clerk to Issue Summons on Complaint (Attorney Civil
`Case Opening) 1 filed by Plaintiff Shuthima Pongsai. (Loker,
`Matthew) (Entered: 08/23/2019)
`Request for Clerk to Issue Summons on Complaint (Attorney Civil
`Case Opening) 1 filed by Plaintiff Shuthima Pongsai. (Loker,
`Matthew) (Entered: 08/23/2019)
`CIVIL COVER SHEET filed by Plaintiff Shuthima Pongsai. (Loker,
`Matthew) (Entered: 08/23/2019)
`NOTICE of Interested Parties filed by Plaintiff Shuthima Pongsai,
`(Loker, Matthew) (Entered: 08/23/2019)
`NOTICE OF ASSIGNMENT to District Judge David O. Carter and
`Magistrate Judge John D. Early. (esa) (Entered: 08/23/2019)
`NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM
`filed. (esa) (Entered: 08/23/2019)
`21 DAY Summons issued re Complaint 1 as to defendant
`American Express Company. (esa) (Entered: 08/23/2019)
`21 DAY Summons issued re Complaint 1 as to defendant Equifax
`Information Services LLC. (esa) (Entered: 08/23/2019)
`21 DAY Summons issued re Complaint 1 as to defendant
`Experian Information Solutions, Inc. (esa) (Entered: 08/23/2019)
`21 DAY Summons issued re Complaint 1 as to defendant Trans
`Union LLC. (esa) (Entered: 08/23/2019)
`INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF
`CIVIL CASE TO JUDGE CARTER upon filing of the complaint by
`Judge David O. Carter. (dgo) (Entered: 08/27/2019)
`FIRST AMENDED COMPLAINT against Defendants American
`Express Company, Equifax Information Services LLC, Experian
`Information Solutions, Inc., Trans Union LLC amending Complaint
`(Attorney Civil Case Opening) 1 JURY DEMAND, filed by Plaintiff
`Shuthima Pongsai(Loker, Matthew) (Entered: 10/06/2019)
`PROOF OF SERVICE Executed by Plaintiff Shuthima Pongsai,
`upon Defendant American Express Company served on
`10/7/2019, answer due 10/28/2019. Service of the Summons and
`Complaint were executed upon Albert Duamante, CT Corp.,
`Registered Agent for Service of Process in compliance with
`Federal Rules of Civil Procedure by personal service.Original
`Summons returned. (Loker, Matthew) (Entered: 10/10/2019)
`PROOF OF SERVICE Executed by Plaintiff Shuthima Pongsai,
`upon Defendant Experian Information Solutions, Inc. served on
`10/7/2019, answer due 10/28/2019. Service of the Summons and
`Complaint were executed upon Albert Duamante, CT Corp.,
`Registered Agent for Service of Process in compliance with
`Federal Rules of Civil Procedure by personal service.Original
`Summons returned. (Loker, Matthew) (Entered: 10/10/2019)
`STIPULATION Extending Time to Answer the complaint as to
`American Express Company answer now due 11/12/2019, re
`Amended Complaint/Petition, 15 filed by defendant American
`Express Company.(Attorney Victoria Patricia McLaughlin added to
`
`IPR2020-01454 Page 00004
`
`

`

`8:19cv1628, Shuthima Pongsai V. American Express Company Et Al
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`Page 5 of 18
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`Source
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`#
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`Date
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`19
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`10/21/2019
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`20
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`10/21/2019
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`21
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`10/28/2019
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`22
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`10/28/2019
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`23
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`10/29/2019
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`24
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`10/31/2019
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`25
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`26
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`10/31/2019
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`10/31/2019
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`27
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`11/01/2019
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`28
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`29
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`11/01/2019
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`11/13/2019
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`30
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`11/13/2019
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`Proceeding Text
`party American Express Company(pty:dft))(McLaughlin, Victoria)
`(Entered: 10/17/2019)
`PROOF OF SERVICE Executed by Plaintiff Shuthima Pongsai,
`upon Defendant Equifax Information Services LLC served on
`10/11/2019, answer due 11/1/2019. Service of the Summons and
`Complaint were executed upon Becky DeGeorge, Corporation
`Service Company, Agent for Service of Process in compliance
`with Federal Rules of Civil Procedure by personal service.Original
`Summons returned. (Loker, Matthew) (Entered: 10/21/2019)
`PROOF OF SERVICE Executed by Plaintiff Shuthima Pongsai,
`upon Defendant Trans Union LLC served on 10/11/2019, answer
`due 11/1/2019. Service of the Summons and Complaint were
`executed upon Becky DeGeorge, The Prentice-Hall Corporation
`System, Agent for Service of Process in compliance with Federal
`Rules of Civil Procedure by personal service.Original Summons
`returned. (Loker, Matthew) (Entered: 10/21/2019)
`ANSWER to Amended Complaint/Petition, 15 filed by Defendant
`Experian Information Solutions, Inc..(Attorney Katherine A Neben
`added to party Experian Information Solutions,
`Inc.(pty:dft))(Neben, Katherine) (Entered: 10/28/2019)
`NOTICE of Interested Parties filed by Defendant Experian
`Information Solutions, Inc., identifying Experian plc, Central
`Source LLC, Online Data Exchange LLC, New Management
`Services LLC, VantageScore Solutions LLC, Opt-Out Services
`LLC. (Neben, Katherine) (Entered: 10/28/2019)
`ORDER SETTING SCHEDULING CONFERENCE by Judge
`David O. Carter. Scheduling Conference set for 12/16/2019 @
`8:30 AM before Judge David O. Carter. (dgo) (Entered:
`10/29/2019)
`STIPULATION Extending Time to Answer the complaint as to
`Trans Union LLC answer now due 11/22/2019, re Complaint
`(Attorney Civil Case Opening) 1 filed by Defendant Trans Union
`LLC. (Attachments: # 1 Proposed Order)(Attorney Kristin L Marker
`added to party Trans Union LLC(pty:dft))(Marker, Kristin)
`(Entered: 10/31/2019)
`NOTICE of Interested Parties filed by Defendant Trans Union
`LLC, identifying TransUnion. (Marker, Kristin) (Entered:
`10/31/2019)
`ORDER by Judge David O. Carter, Granting Stipulation Extending
`Time to Answer (30 days or less), 24 . Defendant Trans Union
`LLC shall have until November 22, 2019 to respond to Plaintiffs
`Complaint. (twdb) (Entered: 10/31/2019)
`ANSWER to Amended Complaint/Petition, 15 filed by Defendant
`Equifax Information Services LLC.(Attorney Thomas P Quinn, Jr
`added to party Equifax Information Services LLC(pty:dft))(Quinn,
`Thomas) (Entered: 11/01/2019)
`CERTIFICATE of Interested Parties filed by Defendant Equifax
`Information Services LLC, (Quinn, Thomas) (Entered: 11/01/2019)
`STIPULATION for Extension of Time to File Answer to December
`3, 2019 re Amended Complaint/Petition, 15 filed by defendant
`American Express Company. (Attachments: # 1 Proposed
`Order)(Attorney Timothy Peter Johnson added to party American
`Express Company(pty:dft))(Johnson, Timothy) (Entered:
`11/13/2019)
`ORDER by Judge David O. Carter, Granting Second Stipulation to
`Extend Time to Answer (More than 30 days) 29 . The date for
`Defendant American Express National Bank to respond to the
`First Amended Complaint is extended for twenty- one days to
`December 3, 2019. (twdb) (Entered: 11/14/2019)
`
`IPR2020-01454 Page 00005
`
`

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`8:19cv1628, Shuthima Pongsai V. American Express Company Et Al
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`Page 6 of 18
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`Source
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`#
`31
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`32
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`33
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`34
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`35
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`Date
`11/22/2019
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`12/02/2019
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`12/03/2019
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`12/03/2019
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`12/04/2019
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`36
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`12/12/2019
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`37
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`38
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`39
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`40
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`41
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`42
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`12/17/2019
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`12/18/2019
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`12/18/2019
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`12/19/2019
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`12/23/2019
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`01/02/2020
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`43
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`01/02/2020
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`Proceeding Text
`ANSWER to Amended Complaint/Petition, 15 filed by Defendant
`Trans Union LLC.(Marker, Kristin) (Entered: 11/22/2019)
`STIPULATION Extending Time to Answer the complaint as to
`American Express Company answer now due 12/17/2019, re
`Amended Complaint/Petition, 15 filed by defendant American
`Express Company. (Attachments: # 1 Proposed
`Order)(McLaughlin, Victoria) (Entered: 12/02/2019)
`ORDER by Judge David O. Carter, Granting Stipulation Extending
`Time to Answer (30 days or less) 32 . Extended to 12/17/19.
`(twdb) (Entered: 12/03/2019)
`STIPULATION to Continue the Scheduling Conference filed by
`Plaintiff Shuthima Pongsai. (Attachments: # 1 Proposed
`Order)(Loker, Matthew) (Entered: 12/03/2019)
`ORDER by Judge David O. Carter, Granting Stipulation to
`Continue the Scheduling Conference 34 . Scheduling Conference
`continued to 1/6/2020 at 08:30 AM before Judge David O. Carter.
`(twdb) (Entered: 12/04/2019)
`Notice of Appearance or Withdrawal of Counsel: for attorney
`Timothy Peter Johnson counsel for Defendant American Express
`Company. Timothy P. Johnson is no longer counsel of record for
`the aforementioned party in this case for the reason indicated in
`the G-123 Notice. Filed by Defendant American Express National
`Bank. (Johnson, Timothy) (Entered: 12/12/2019)
`ANSWER to Amended Complaint/Petition, 15 with JURY
`DEMAND filed by Defendant American Express
`Company.(McLaughlin, Victoria) (Entered: 12/17/2019)
`NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
`Documents RE: Answer to Complaint (Attorney Civil Case
`Opening) 37 . The following error(s) was/were found: Local Rule
`7.1-1 No Notice of Interested Parties and/or no copies. In
`response to this notice, the Court may: (1) order an amended or
`correct document to be filed; (2) order the document stricken; or
`(3) take other action as the Court deems appropriate. You need
`not take any action in response to this notice unless and until the
`Court directs you to do so. (twdb) (Entered: 12/18/2019)
`NOTICE of Interested Parties filed by Defendant American
`Express Company, identifying Multiple. (McLaughlin, Victoria)
`(Entered: 12/18/2019)
`NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
`Documents RE: Notice of Appearance or Withdrawal of Counsel
`(G-123), 36 . The following error(s) was/were found: Incorrect
`event selected. Correct event to be used is: Request for
`Substitution of Counsel G01. In response to this notice, the Court
`may: (1) order an amended or correct document to be filed; (2)
`order the document stricken; or (3) take other action as the Court
`deems appropriate. You need not take any action in response to
`this notice unless and until the Court directs you to do so. (ak)
`(Entered: 12/19/2019)
`JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of
`trial is four days, filed by Plaintiff Shuthima Pongsai.. (Loker,
`Matthew) (Entered: 12/23/2019)
`SCHEDULING NOTICE by Judge David O. Carter: The
`Scheduling Conference set for 8:30 AM has been rescheduled.
`The Scheduling Conference is now at 9:30 AM on the same date,
`1/6/2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH
`THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 01/02/2020)
`NOTICE of Appearance filed by attorney Donald E Bradley on
`behalf of Defendant Trans Union LLC (Attorney Donald E Bradley
`added to party Trans Union LLC(pty:dft))(Bradley, Donald)
`
`IPR2020-01454 Page 00006
`
`

`

`8:19cv1628, Shuthima Pongsai V. American Express Company Et Al
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`Page 7 of 18
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`#
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`44
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`45
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`Date
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`01/03/2020
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`01/03/2020
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`47
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`01/06/2020
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`46
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`01/07/2020
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`48
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`01/09/2020
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`49
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`01/09/2020
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`50
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`01/10/2020
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`51
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`01/13/2020
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`52
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`53
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`01/13/2020
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`01/14/2020
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`Source
`
`Proceeding Text
`(Entered: 01/02/2020)
`INITIAL DISCLOSURE filed by Defendant American Express
`Company (McLaughlin, Victoria) (Entered: 01/03/2020)
`NOTICE OF MOTION AND MOTION to Strike Affirmative
`Defenses as alleged in Defendant American Express Company's
`Answer to Complaint (Attorney Civil Case Opening) 37 filed by
`Plaintiff Shuthima Pongsai. Motion set for hearing on 2/3/2020 at
`08:30 AM before Judge David O. Carter. (Attachments: # 1
`Memorandum of Points & Authorities, # 2 Proposed Order)
`(Loker, Matthew) (Entered: 01/03/2020)
`MINUTES OF Scheduling Conference held before Judge David O.
`Carter. The Court continues this matter. Upon the agreement of
`counsel, Defendant Equifax Information Services LLC is
`DISMISSED. Scheduling Conference continued to 2/28/2020 at
`07:30 AM before Judge David O. Carter. Court Reporter:
`CourtSmart 1/6/2020 and Deborah Parker. (twdb) (Entered:
`01/08/2020)
`NOTICE of Appearance filed by attorney Pamela Erin Prescott on
`behalf of Plaintiff Shuthima Pongsai (Attorney Pamela Erin
`Prescott added to party Shuthima Pongsai(pty:pla))(Prescott,
`Pamela) (Entered: 01/07/2020)
`TRANSCRIPT ORDER as to defendant American Express
`Company for Court Reporter. Court will contact Kim Brunton at
`kbrunton@shb.com with further instructions regarding this order.
`Transcript preparation will not begin until payment has been
`satisfied with the court reporter. (McLaughlin, Victoria) (Entered:
`01/09/2020)
`TRANSCRIPT ORDER as to defendant American Express
`Company for Court Smart (CS). Court will contact Kim Brunton at
`kbrunton@shb.com with further instructions regarding this order.
`Transcript preparation will not begin until payment has been
`satisfied with the transcription company. (McLaughlin, Victoria)
`(Entered: 01/09/2020)
`APPLICATION of Non-Resident Attorney Paul W. Sheldon to
`Appear Pro Hac Vice on behalf of Defendant Trans Union LLC
`(Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25101383)
`filed by Paul W. Sheldon Trans Union LLC. (Attachments: # 1
`Declaration of Paul W. Sheldon, # 2 Supplement, # 3 Supplement,
`# 4 Supplement, # 5 Proposed Order) (Bradley, Donald) (Entered:
`01/10/2020)
`NOTICE of Deficiency in Electronically Filed Pro Hac Vice
`Application RE: APPLICATION of Non-Resident Attorney Paul W.
`Sheldon to Appear Pro Hac Vice on behalf of Defendant Trans
`Union LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-
`25101383) 50 . The following error(s) was/were found: Local Rule
`83-2.1.3.3(d) Certificate of Good Standing not attached for every
`state court listed to which the applicant has been admitted. (lom)
`(Entered: 01/13/2020)
`AMENDED ANSWER and Affirmative Defenses to Amended
`Complaint/Petition, 15 filed by defendant American Express
`Company. (McLaughlin, Victoria) (Entered: 01/13/2020)
`STIPULATION REGARDING SELECTION of Panel Mediator filed.
`Parties stipulate that Michael Balmages may serve as Panel
`Mediator. Plaintiff obtained the Panel Mediators consent to serve.
`All parties and the Panel Mediator have agreed that the mediation
`will be held on 1/16/2020 and counsel will submit mediation
`statements seven (7) calendar days before the session. Filed by
`Plaintiff Shuthima Pongsai (Attachments: # 1 Proof of
`Service)(Loker, Matthew) (Entered: 01/14/2020)
`
`IPR2020-01454 Page 00007
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`

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`8:19cv1628, Shuthima Pongsai V. American Express Company Et Al
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`Page 8 of 18
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`Source
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`#
`54
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`Date
`01/14/2020
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`55
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`01/15/2020
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`56
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`01/16/2020
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`57
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`58
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`01/22/2020
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`01/23/2020
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`59
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`01/27/2020
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`60
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`01/28/2020
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`61
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`01/29/2020
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`62
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`63
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`01/30/2020
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`01/30/2020
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`64
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`02/11/2020
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`65
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`02/11/2020
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`66
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`02/14/2020
`
`Proceeding Text
`ORDER by Judge David O. Carter: Granting 50 Non-Resident
`Attorney Paul W. Sheldon APPLICATION to Appear Pro Hac Vice
`on behalf of Trans Union LLC, Defendant, designating Donald E.
`Bradley as local counsel. (twdb) (Entered: 01/14/2020)
`STIPULATION REGARDING SELECTION of Panel Mediator filed.
`Parties request that the ADR Program assign a Panel Mediator
`from the following area of law: Mediation. Filed by Defendant
`American Express Company (Attachments: # 1 Proposed
`Order)(McLaughlin, Victoria) (Entered: 01/15/2020)
`ORDER by Judge David O. Carter, Granting Stipulation
`Appointing Mr. Michael Balmages as Mediator Pursuant to Central
`District of California ADR Procedure No. 2., 55 (twdb) (Entered:
`01/16/2020)
`STIPULATION for Protective Order filed by Defendant Experian
`Information Solutions, Inc..(Neben, Katherine) (Entered:
`01/22/2020)
`MINUTES (IN CHAMBERS) ORDER Denying Stipulated
`Protective Order 57 by Magistrate Judge John D. Early. The
`Motion (Dkt. 57) is DENIED, without prejudice to the parties
`submitting a new proposed protective order (see document for
`further details) (hr) (Entered: 01/23/2020)
`SCHEDULING NOTICE by Judge David O. Carter: The Court
`hereby DENIES AS MOOT the Motion to Strike Affirmative
`Defenses as alleged in Defendant American Express Company's
`Answer to Complaint 45 as American Express filed an Amended
`Answer 52 .THERE IS NO PDF DOCUMENT ASSOCIATED
`WITH THIS ENTRY. (kd) TEXT ONLY ENTRY (Entered:
`01/27/2020)
`STIPULATION for Relief from American Express Witnesses
`Located in India filed by defendant American Express Company.
`(Attachments: # 1 Proposed Order)(McLaughlin, Victoria)
`(Entered: 01/28/2020)
`ORDER by Judge David O. Carter, Granting Stipulation Regarding
`American Express Witnesses Located in India 60 . SEE
`DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered:
`01/29/2020)
`STIPULATION for Protective Order filed by Defendant Experian
`Information Solutions, Inc.. (Attachments: # 1 Proposed
`Order)(Neben, Katherine) (Entered: 01/30/2020)
`ORDER GRANTING STIPULATED PROTECTIVE ORDER by
`Magistrate Judge John D. Early re Stipulation for Protective Order
`62 . The Stipulation (Dkt. 62) is entered as an Order of the Court.
`(hr) (Entered: 01/30/2020)
`TRANSCRIPT for proceedings held on 1/06/2020. Electronic
`Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC.,
`phone number (361) 949-2988. Transcript may be viewed at the
`court public terminal or purchased through the Electronic Court
`Recorder before the deadline for Release of Transcript
`Restriction. After that date it may be obtained through PACER.
`Notice of Intent to Redact due within 7 days of this date.
`Redaction Request due 3/3/2020. Redacted Transcript Deadline
`set for 3/13/2020. Release of Transcript Restriction set for
`5/11/2020. (ls) (Entered: 02/12/2020)
`NOTICE OF FILING TRANSCRIPT filed for proceedings
`1/06/2020 re Transcript 64 THERE IS NO PDF DOCUMENT
`ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY
`(Entered: 02/12/2020)
`NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR
`Panel) Michael G Balmages has been assigned to serve as Panel
`
`IPR2020-01454 Page 00008
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`

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`8:19cv1628, Shuthima Pongsai V. American Express Company Et Al
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`Page 9 of 18
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`Source
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`#
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`67
`
`68
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`69
`
`70
`
`71
`
`Date
`
`02/17/2020
`
`02/26/2020
`
`02/27/2020
`
`03/05/2020
`
`03/13/2020
`
`72
`
`03/13/2020
`
`73
`
`03/17/2020
`
`74
`
`03/17/2020
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`75
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`03/17/2020
`
`76
`
`77
`
`78
`
`03/17/2020
`
`05/15/2020
`
`05/15/2020
`
`Proceeding Text
`Mediator. (mb) (Entered: 02/14/2020)
`SCHEDULING NOTICE by Judge David O. Carter re. The Court
`hereby resets the Rule 26 Scheduling Conference to MARCH 16,
`2020 at 8:30 AM before Judge David O. Carter. THERE IS NO
`PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT
`ONLY ENTRY (Entered: 02/17/2020)
`NOTICE of Settlement with Defendant Experian Information
`Solutions, Inc. filed by Plaintiff Shuthima Pongsai. (Loker,
`Matthew) (Entered: 02/26/2020)
`SCHEDULING NOTICE by Judge David O. Carter re: The Court is
`in receipt of the Notice of Settlement 68 as to defendant Experian.
`All pending dates and filing requirements with regard to Experian
`are hereby vacated. The Court sets a deadline of April 27, 2020
`for the filing of a Joint Dismissal of Experian. The Pongsais claims
`against Defendants AMERICAN EXPRESS COMPANY (AMEX);
`and, TRANS UNION LLC (Trans Union) remain active.THERE IS
`NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd)
`TEXT ONLY ENTRY (Entered: 02/27/2020)
`NOTICE of Settlement with Defendant Trans Union LLC filed by
`Plaintiff Shuthima Pongsai. (Loker, Matthew) (Entered:
`03/05/2020)
`SCHEDULING NOTICE by Judge David O. Carter. The
`Scheduling Conference set for MARCH 16, 2020 at 8:30 AM is
`vacated. No appearances are necessary on this date. The Court's
`Scheduling Order will issue. THERE IS NO PDF DOCUMENT
`ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
`(Entered: 03/13/2020)
`SCHEDULING ORDER AND ORDER RE: PRETRIAL AND TRIAL
`PROCEDURES by Judge David O. Carter, ( Fact Discovery cut-
`off 8/13/2020., Motions due by 9/14/2020 at 8:30 a.m., Final
`Pretrial Conference set for 10/19/2020 at 08:30 AM before Judge
`David O. Carter., Trial set for 11/17/2020 at 08:30 AM before
`Judge David O. Carter.) SEE DOCUMENT FOR FURTHER
`INFORMATION. (et) (Entered: 03/13/2020)
`ORDER/REFERRAL to ADR Procedure No 2 by Judge David O.
`Carter. Case ordered to Court Mediation Panel for mediation. ADR
`Proceeding to be held no later than August 17, 2020. (mku)
`(Entered: 03/17/2020)
`Notice of Appearance or Withdrawal of Counsel: for attorney
`Amanda S Depuy counsel for Defendant American Express
`Company. Adding Amanda S. Depuy as counsel of record for
`American Express Company for the reason indicated in the G-123
`Notice. Filed by Defendant American Express Company. (Attorney
`Amanda S Depuy added to party American Express
`Company(pty:dft))(Depuy, Amanda) (Entered: 03/17/2020)
`Notice of Appearance or Withdrawal of Counsel: for attorney
`Victoria Patricia McLaughlin counsel for Defendant American
`Express Company. Victoria P. McLaughlin is no longer counsel of
`record for the aforementioned party in this case for the reason
`indicated in the G-123 Notice. Filed by Defendant American
`Express Company. (McLaughlin, Victoria) (Entered: 03/17/2020)
`STATUS REPORT re: Mediation filed by Plaintiff Shuthima
`Pongsai. (Loker, Matthew) (Entered: 03/17/2020)
`Joint STIPULATION to Dismiss Defendant Trans Union LLC filed
`by Defendant Trans Union LLC.(Marker, Kristin) (Entered:
`05/15/2020)
`Notice of Appearance or Withdrawal of Counsel: for attorney
`Laura M Booth counsel for Defendant American Express
`Company. Adding Laura M. Booth as counsel of record for
`
`IPR2020-01454 Page 00009
`
`

`

`8:19cv1628, Shuthima Pongsai V. American Express Company Et Al
`
`Page 10 of 18
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`Source
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`#
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`Date
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`79
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`05/15/2020
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`80
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`06/10/2020
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`81
`
`82
`
`06/12/2020
`
`06/12/2020
`
`83
`
`06/18/2020
`
`84
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`06/18/2020
`
`85
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`06/29/2020
`
`86
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`87
`
`07/10/2020
`
`08/05/2020
`
`88
`
`08/05/2020
`
`Proceeding Text
`American Express Company for the reason indicated in the G-123
`Notice. Filed by Defendant American Express Company. (Attorney
`Laura M Booth added to party American Express
`Company(pty:dft))(Booth, Laura) (Entered: 05/15/2020)
`ORDER GRANTING JOINT STIPULATION OF DISMISSAL WITH
`PREJUDICE 77 by Judge David O. Carter: All claims between
`Shuthima Pongsai and Trans Union LLC are hereby dismissed
`with prejudice, with court costs to be paid by the party incurring
`same. (lc) (Entered: 05/15/2020)
`NOTICE OF MOTION AND MOTION to Compel Deposition of
`Defendant American Express Company's Designated Witness(es)
`Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by
`Plaintiff Shuthima Pongsai. Motion set for hearing on 7/2/2020 at
`10:00 AM before Magistrate Judge John D. Early. (Attachments: #
`1 Joint Stipulation regarding Plaintiff's Motion to Compel Federal
`Rule of Civil Procedure 30(b)(6) Deposition of Defendant
`American Express National Bank, # 2 Declaration of Matthew M.
`Loker, Esq., # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6
`Declaration of Laura M. Booth, Esq., # 7 Exhibit D, # 8 Proposed
`Order re: Plaintiff, # 9 Proposed Order re: Defendant)(Loker,
`Matthew) (Entered: 06/10/2020)
`Joint STIPULATION to Dismiss Defendant Experian Information
`Solutions, Inc. filed by Plaintiff Shuthima Pongsai. (Attachments: #
`1 Proposed Order)(Prescott, Pamela) (Entered: 06/12/2020)
`ORDER by Judge David O. Carter. This Court hereby orders
`Defendant Experian Information Solutions, Inc. to be, and is,
`dismissed with prejudice. Each party to bear their own attorneys'
`fees and costs 81 . (twdb) (Entered: 06/12/2020)
`OPPOSITION to MOTION to Compel Deposition of Defendant
`American Express Company's Designated Witness(es) Pursuant
`to Federal Rule of Civil Procedure 30(b)(6) 80 filed by Defendant
`American Express Company. (Booth, Laura) (Entered:
`06/18/2020)
`SUPPLEMENT to MOTION to Compel Deposition of Defendant
`American Express Company's Designated Witness(es) Pursuant
`to Federal Rule of Civil Procedure 30(b)(6) 80 filed by Plaintiff
`Shuthima Pongsai. (Loker, Matthew) (Entered: 06/18/2020)
`MINUTE (IN CHAMBERS) ORDER re Plaintiff's Motion to Compel
`80 by Magistrate Judge John D. Early. Plaintiff's Motion (Dkt. 80)
`is GRANTED in part and DENIED in part. 1. The Motion is
`GRANTED as to Deposition Notice Topic Nos. 1 and 2; 2. The
`Motion is DENIED as to Deposition Topic Nos. 3-23 (see
`document for further details) (hr) (Entered: 06/29/2020)
`STATUS REPORT Regarding Order on Plaintiff's Motion to
`Compel filed by Plaintiff Shuthima Pongsai. (Loker, Matthew)
`(Entered: 07/10/2020)
`EX PARTE APPLICATION to Extend Discovery Cut-Off Date to
`10/2/2020 filed by Defendant American Express Company.
`(Attachments: # 1 Declaration Of Laura M. Booth in support of
`American Express National Bank's Ex Parte Application to Extend
`the Discovery Deadline to Depose Satit Pongsai and Continue the
`Trial Date Accordingly, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, #
`5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8,
`# 10 Exhibit 9, # 11 Exhibit 10, # 12 Proposed Order re Ex parte
`Application to extend the discovery deadline to depose Satit
`Pongsai and Continue the Trial Date Accordingly) (Booth, Laura)
`(Entered: 08/05/2020)
`NOTICE OF MOTION AND MOTION for Contempt against Satit
`Pongsai filed by Defendant American Express Company. Motion
`
`IPR2020-01454 Page 00010
`
`

`

`8:19cv1628, Shuthima Pongsai V. American Express Company Et Al
`
`Page 11 of 18
`
`#
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`Date
`
`89
`
`08/05/2020
`
`90
`
`08/06/2020
`
`91
`
`08/27/2020
`
`92
`
`09/03/2020
`
`93
`
`09/08/2020
`
`94
`
`09/08/2020
`
`Source
`
`Proceeding Text
`set for hearing on 9/3/2020 at 10:00 AM before Magistrate Judge
`John D. Early. (Attachments: # 1 Declaration of Laura M. Booth in
`support of American Express National Bank's Motion for Civil
`Contempt against non-party Satit Pongsai, # 2 Exhibit 1, # 3
`Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, #
`8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Proposed Order re
`Civil Contempt of Satit Pongsai) (Booth, Laura) (Entered:
`08/05/2020)
`OPPOSITION re: EX PARTE APPLICATION to Extend Discovery
`Cut-Off Date to 10/2/2020 87 filed by Plaintiff Shuthima Pongsai.
`(Attachments: # 1 Declaration of Matthew M. Loker, # 2 Exhibit 1,
`# 3 Exhibit 2, # 4 Exhibit 3)(Loker, Matthew) (Entered: 08/05/2020)
`ORDER by Judge David O. Carter: Granting Ex Parte Application
`to Extend The Discovery Deadline to Depose Satit Pongsai and
`Continue the Trial Date Accordingly 87 . Fact Discovery Cut-Off:
`September 21, 2020 Motion Cut-Off: October 13, 2020 at 8:30
`a.m. Final Pretrial Conference: October 26, 2020 at 8:30 a.m.
`Trial: November 17, 2020 at 8:30 a.m. (twdb) (Entered:
`08/06/2020)
`ORDER re Denying American Express's Motion for Contempt 88
`by Magistrate Judge John D. Early. The Court DENIES the Motion
`(Dkt. 88) without prejudice to American Express commencing
`proceedings regarding the issues raised in the Motion in a manner
`consistent with the foregoing. (see document for further details)
`(hr) (Entered: 08/27/2020)
`Notice of Appearance or Withdrawal of Counsel: for attorney
`Gabriel Scott Spooner counsel for Defendant American Express
`Company. Adding Gabriel S. Spooner as counsel of record for
`American Express Company for the reason indicated in the G-123
`Notice. Filed by Shuthima Pongsai American Express Company.
`(Attorney Gabriel Scott Spooner added to party American Express
`Company(pty:dft))(Spooner, Gabriel) (Entered: 09/03/2020)
`EX PARTE APPLICATION for Order to Show Cause re: Why Satit
`Pongsai should not be held in contempt for failure to comply with a
`subpoena to appear for a deposition filed by Defendant American
`Express Company. (Attachments: # 1 Declaration Laura M. Booth,
`# 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6
`Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I,
`# 11 Exhibit J, # 12 Exhibit K, # 13 Proposed Order) (Booth,
`Laura) (Entered: 09/08/2020)
`NOTICE OF MOTION AND MOTION for Summary Judgment
`filed by Plaintiff Shuthima Pongsai. Motion set for hearing on
`10/13/2020 at 08:30 AM before Judge David O. Carter.
`(Attachments: # 1 Memorandum of Points & Authorities, # 2
`Declaration of Shuthima Pongsai in Support of Pongsai's Motion
`for Summary Judgment, # 3 Exhibit 1 re Declaration of Shuthima
`Pongsai in Support of Pongsai's Motion for Summary Judgment, #
`4 Exhibit 2 re Declaration of Shuthima Pongsai in Support of
`Pongsai's Motion for Summary Judgment, # 5 Exhibit 3 re
`Declaration of Shuthima Pongsai in Support of Pongsai's Motion
`for Summary Judgment, # 6 Exhibit 4 re Declaration of