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Capital One Bank Switch of Business Balance to Personal Is Sued in SDNY

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, May 12 – Capital One Bank (USA) NA was sued in May 2019 for putting the balance on a "Capital One Spark Signature Business Card" onto plaintiff's personal credit history, disqualifying him from a loan. 

    Capital One removed case to the U.S. District Court for the Southern District of New York, in which on May 12 a conference was held that Inner City Press covered.

   SDNY Magistrate Judge Kevin N. Fox set a discovery schedule. 

    Capital One's Park Avenue lawyer said to "Tee it up for a mediator."   

   Judge Fox said, If not, submit joint pre-trial order in November. Let me turn now to protective order.

   It turned out that Capital One Bank (USA) NA's proposed Protective Order purported to bind third parties to a confidentiality agreement. Judge Fox ordered modified that and other provisions.

 The case is Kapin, et al. v. Capital One Bank (USA) NA, 19-cv-5899 (Liman / Fox). 


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