Thornell v. Performance Imports LLC

Thornell v. Performance Imports LLC

Plaintiff:	John Thornell
Defendant:	Performance Imports LLC
Case Number:	2:2016cv00397
Filed:	March 7, 2016
Court:	US District Court for the Northern District of Alabama
Office:	Southern Office
County:	Jefferson
Presiding Judge:	John H England
Nature of Suit:	Consumer Credit
Cause of Action:	15 U.S.C. § 1601
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 7, 2018	Filing 65 MEMORANDUM OPINION AND ORDER - As stated above, Performance and Khalidis motion to set aside default, (doc. 56), is GRANTED IN PART to the extent that the entry of default against Khalidi, (doc. 40), is SET ASIDE, and DENIED in all other respects. Thornells motions for sanctions, (docs. 17 & 41), are GRANTED IN PART to the extent that the stay currently in effect in this case is LIFTED, and DENIED to the extent they request other relief. The remaining parties are DIRECTED to meet and confer pursuant to Fed. R. Civ. P. 26(f) and submit their report of their planning meeting by February 28, 2018. Thornells motion for default judgment against Performance, (doc. 31), is DENIED with leave to refile by February 28, 2018. Signed by Magistrate Judge John H England, III on 2/7/2018. (KEK)
August 3, 2016	Filing 14 MEMORANDUM OPINION AND ORDER - Because the plain language and most reasonable interpretation of the contract leads to the conclusion Defendants power of veto only extends to Plaintiffs opportunity to choose an organization other than the Ameri can Arbitration Association, there is no indication Plaintiff has refused to comply with the arbitration agreements provision for selecting an arbitrator. Accordingly, Defendants motion, (doc. 11), is DENIED. Signed by Magistrate Judge John H England, III on 8/3/2016. (KEK)

Date Filed

Document Text

February 7, 2018

Filing 65 MEMORANDUM OPINION AND ORDER - As stated above, Performance and Khalidis motion to set aside default, (doc. 56), is GRANTED IN PART to the extent that the entry of default against Khalidi, (doc. 40), is SET ASIDE, and DENIED in all other respects. Thornells motions for sanctions, (docs. 17 & 41), are GRANTED IN PART to the extent that the stay currently in effect in this case is LIFTED, and DENIED to the extent they request other relief. The remaining parties are DIRECTED to meet and confer pursuant to Fed. R. Civ. P. 26(f) and submit their report of their planning meeting by February 28, 2018. Thornells motion for default judgment against Performance, (doc. 31), is DENIED with leave to refile by February 28, 2018. Signed by Magistrate Judge John H England, III on 2/7/2018. (KEK)

August 3, 2016

Filing 14 MEMORANDUM OPINION AND ORDER - Because the plain language and most reasonable interpretation of the contract leads to the conclusion Defendants power of veto only extends to Plaintiffs opportunity to choose an organization other than the Ameri can Arbitration Association, there is no indication Plaintiff has refused to comply with the arbitration agreements provision for selecting an arbitrator. Accordingly, Defendants motion, (doc. 11), is DENIED. Signed by Magistrate Judge John H England, III on 8/3/2016. (KEK)

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Plaintiff: John Thornell
Represented By:	Michael Parrish
Represented By:	Matthew Theus
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Defendant: Performance Imports LLC
Represented By:	Amanda B. Cook
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