Foley v. Capital One, N.A.

Background

The court received correspondence from the parties concerning Joseph W. Foley’s request for permission to file motions for discovery sanctions and summary judgment. The court stated that it would schedule a case-management conference to discuss the matter.

Orders

The court ordered Capital One, N.A. to file by May 12, 2025, all documents that it contends comprise the agreement or agreements governing the credit-card account at issue.

The court also ordered Foley, by May 12, 2025, to file a letter explaining how he identified three cases cited on the first page of his May 6, 2025 letter and why the court had been unable to locate them. The court stated that each citation corresponded to a different case name than the one Foley identified, and that none of those cases addressed the issues in this case. The court also stated that it could not locate the quoted language Foley attributed to the first case. It noted one separately located case, Wells Fargo Bank, N.A. v. Weinberg, concerned default on mortgage payments.

The court referred the parties to American Express Bank, FSB v. Dechon and Creditone, LLC v. Fan Mei Feldman.

Disposition and Classification

This was a procedural case-management and discovery order. The opinion does not state that the court granted or denied Foley’s request for permission to file discovery-sanctions or summary-judgment motions, and it does not decide the underlying dispute about the credit-card account. The court issued the interim filing directives and stated that it would schedule a conference.