RAYL v. MOORES
Plaintiff: MARK R. RAYL
Defendant: MERRILL MOORES
Case Number: 1:2009cv00554
Filed: May 4, 2009
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
County: Marion
Presiding Judge: Tim A. Baker
Presiding Judge: William T. Lawrence
Nature of Suit: Plaintiff
Cause of Action: 15 U.S.C. ยง 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
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Date Filed Document Text
November 2, 2011 Opinion or Order Filing 98 CLOSED FINAL JUDGMENT: Final judgment is now entered in favor of the Plaintiffs and against the Defendant as follows: (1) $4,000 to be paid to the class members; (2) $1,000 as an incentive to class representative Colleen O'Brien; and (3) $30,000 attorneys' fees to class counsel. Signed by Magistrate Judge Tim A. Baker on 11/2/2011.(SWM)
March 25, 2011 Opinion or Order Filing 86 ORDER GRANTING PARTIAL SUMMARY JUDGMENT IN FAVOR OF THE CLASS REGARDING DEFENDANT MERRILL MOORES' LIABILITY. For the reasons detailed herein, the Court concludes that Mr. Moores violated 15 U.S.C. § 1692g of the FDCPA and the class members are entitled to summary judgment on the issue of Mr. Moores' liability. Therefore, the Court GRANTS Ms. O'Brien's Motion for Summary Judgment on the issue of liability. [Dkt. 83.] Signed by Judge Jane Magnus-Stinson on 3/25/2011. (LBK)
October 28, 2010 Opinion or Order Filing 72 ORDER on Cross-Motions for Summary Judgment (dkts. 59 and 63.) Because no evidence establishes that Mr. Rayl ever called the number on the notice of claim and heard either of the voicemails at issue, the Court GRANTS IN PART Mr. Moores' motion f or summary judgment, [dkt. 63], and DENIES Mr. Rayl's motion for summary judgment, [dkt. 59]. Summary judgment is granted only as to the individual claims of Mr. Rayl, without prejudice to the claims of the class. Mr. Rayl is DISCHARGED as a r epresentative of the previously certified class, [dkt. 52]. Class counsel must file a motion for the appointment of a new class representative within twenty-eight days, if at all, or else the class' claims will be dismissed for failure to prose cute. The parties must submit a proposed amended case management plan within fourteen days of the Court's ruling on the motion to substitute class representative. Magistrate Judge Baker is requested to convene a status to consider the proposed amended case management plan after it is filed. No partial final judgment shall issue at this time as to Mr. Rayl's individual claim. Signed by Judge Jane Magnus-Stinson on 10/28/2010. (LBK)
June 17, 2010 Opinion or Order Filing 51 ORDER ON PENDING MOTIONS: Plaintiff's motion for sanctions 34 is granted and as a result Plaintiff's requests for admission served on January 29, 2010, are deemed admitted. Plaintiff's motion to strike Defendant's opposition t o Plaintiff's amended motion to certify class 42 is granted and Defendant's untimely response to the Plaintiff's motion for class certification [Docket No. 41] is stricken. Defendant's motion to dismiss and motion for summary j udgment 37 is stricken, and Plaintiff's motion to treat Defendant's motion to dismiss as a motion for summary judgment 39 is denied as moot. Defendant's motion for protective order 40 granted to the extent that the financial inf ormation subject to that order shall not be provided to or shared with the Plaintiff, but the motion is denied to the extent that Defendant seeks to prohibit production of the information (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 6/17/2010. (SWM)
February 4, 2010 Opinion or Order Filing 29 ENTRY ON MOTION FOR CLASS CERTIFICATION: Because the Court does not believe that Rayl is an appropriate class representative for the entire proposed class, the motion for class certification is DENIED **SEE ENTRY**. Signed by Judge William T. Lawrence on 2/4/2010. (DWH)
January 22, 2010 Opinion or Order Filing 27 ORDER FOLLOWING SHOW CAUSE HEARING. Plaintiff appeared by counsel for the 1/8/10 show cause hearing; Defendant failed to appear. Moore's failure to appear is the latest in a series of incidents in which he has blatantly ignored this case, oppo sing counsel, and this Court's orders. Moores has also failed to respond to Plaintiff's motion for class certification filed 9/9/09. See Order for particulars. Accordingly, the Court grants 25 Plaintiff's Motion to Compel and Moore s is ordered to respond, without objection, to Plaintiff's outstanding discovery within 14 days. The Magistrate Judge recommends that the District Judge consider Plaintiff's motion for class certification as submitted, and grant whatever r elief is appropriate irrespective of any defenses or other arguments Moores may have been able to make. As Plaintiff's claims arise under the Fair Debt Collection Practices Act, Plaintiff would be entitled to his reasonable attorney's fees and costs if he prevails, thereby making a fee award unnecessary at this time. If Plaintiff does not prevail, the Magistrate Judge recommends that Plaintiff be reimbursed reasonable fees and costs incurred as a result of Moores's conduct. Other sanctions may also be appropriate, including at a minimum admonishment of Moores. Signed by Magistrate Judge Tim A. Baker on 1/22/2010. (LBK)
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Plaintiff: MARK R. RAYL
Represented By: Laurel Robin Klapper Gilchrist
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Defendant: MERRILL MOORES
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