Brown v. Ally Financial Inc et al
| Laquita Brown |
| Ally Financial Inc, KDVH Enterprises LLC doing business as Benton Nissan of Hoover, Alabama Auto Recovery and Northstar Location Services LLC |
| 2:2021cv01390 |
| October 19, 2021 |
| US District Court for the Northern District of Alabama |
| R David Proctor |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2021. A more recent docket listing may be available from PACER.
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Filing 28
SCHEDULING ORDER - Plaintiff and Defendants are jointly allowed until March 1, 2022 to join additional parties and amend the pleadings. All discovery is to be commenced in time to be completed by August 1, 2022. All potentially dispositive motions should be filed by September 1, 2022. Pretrial conference ready in January 2023. This case will be trial ready in February 2023. Signed by Judge R David Proctor on 12/15/2021. (KEK)
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| Minute Entry for proceedings held before Judge R David Proctor: Scheduling Conference held on 12/15/2021. A separate Scheduling Order will be entered by the court. (KLL) |
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Filing 27
TEXT ORDER - This matter is before the court on Plaintiffs Unopposed Motion to Continue Rule 16(b) Scheduling Conference #26 . The Motion #26 is GRANTED. The Rule 16(b) conferenced scheduled for December 15, 2021 at 10:30 a.m. is RESET to December 15, 2021 at 1:00 p.m. The conference will be held in chambers of the undersigned at the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Room 882, Birmingham, Alabama. Signed by Judge R David Proctor on 12/13/2021. (KAM)
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| Filing 26 MOTION to Continue Rule 16(b) Scheduling Conference by Laquita Brown. (Seals, W) |
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Filing 25
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE Scheduling Conference set for 12/15/2021 10:30 AM before Judge R David Proctor. Signed by Judge R David Proctor on 12/8/2021. (KAM)
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| Filing 24 REPORT of Rule 26(f) Planning Meeting. (Moon, Stacy) |
| Filing 23 Twenty 4 Seven Recovery's ANSWER to Complaint by Alabama Auto Recovery.(DeCoudres, Shaun) |
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Filing 22
ORDER this matter is before the court on Plaintiff's unopposed #21 MOTION to Compel Arbitration of Defendant Ally Bank a/k/a Ally Financial, Incs counterclaim; the motion is GRANTED; the court DISMISSES Defendant Ally Bank's counterclaim against Plaintiff WITHOUT PREJUDICE; If the arbitrator determines the counterclaim is not arbitrable under the agreement, Ally Bank may move the court to reopen the case. If, alternatively, the arbitrator determines that Ally Banks counterclaim is covered and arbitrates, either party may move the court to enforce any arbitration award. Signed by Judge R David Proctor on 11/16/2021. (KAM)
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| Filing 21 MOTION to Compel Arbitration by Laquita Brown. (Seals, W) |
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Filing 20
ORDER this matter is before the court on defendant Ally Bank's Motion to Compel Arbitration #9 ; the motion is GRANTED; the court hereby DISMISSES Plaintiff's claims against Defendant Ally Bank WITHOUT PREJUDICE. Signed by Judge R David Proctor on 11/9/2021. (KAM)
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| Filing 19 ANSWER to Complaint by Northstar Location Services LLC.(Moon, Stacy) |
| Filing 18 RESPONSE in Support re #9 MOTION to Compel Arbitration filed by Ally Financial Inc. (Attachments: #1 Affidavit Declaration of Jasper Garrett)(Sipes, Jade) |
| Filing 17 RESPONSE to re #1 Defendant's Consent to Removal filed by Alabama Auto Recovery. (DeCoudres, Shaun) |
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Filing 16
ORDER This matter is before the court on KDVH Enterprise, LLC d/b/a Benton Nissan of Hoovers Motion to Stay or Dismiss and to Compel Arbitration #5 ; Defendant's Motion is GRANTED; the court DISMISSES Plaintiff's claims against Defendant KDVH Enterprises, LLC d/b/a Benton Nissan of Hoover WITHOUT PREJUDICE to the right of the prevailing party to enforce any arbitration award.. Signed by Judge R David Proctor on 11/2/2021. (KAM)
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| Filing 15 RESPONSE in Opposition re #9 MOTION to Compel Arbitration filed by Laquita Brown. (Attachments: #1 Exhibit A to Response to Motion to Dismiss by Ally)(Seals, W) |
| Filing 14 RESPONSE to Motion re #5 MOTION to Stay or Dismiss and Compel Arbitration filed by Laquita Brown. (Seals, W) |
| Filing 13 REPLY to re #1 Consent to Removal filed by Alabama Auto Recovery. (DeCoudres, Shaun) |
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Filing 12
ORDER - This matter is before the court on Defendant Northstar Location Services, LLC's unopposed Motion for Partial Dismissal. (Doc. #11 ). The court confirmed with Plaintiff that she agreed to have Counts I (Negligence) and II (Wantonness) against this Defendant dismissed with prejudice. Based on the consent of the parties, Plaintiff's Counts I and II against Defendant Northstar Location Services, LLC are DISMISSED WITH PREJUDICE. Signed by Judge R David Proctor on 10/28/2021. (KEK)
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| Filing 11 Unopposed MOTION to Dismiss Partially by Defendant Northstar Location Services, LLC by Northstar Location Services LLC. (Moon, Stacy) |
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Filing 10
TEXT ORDER - The parties are REMINDED to brief Defendant Ally Financial Incs Motion to Compel Arbitration #9 in accordance with the timelines set forth in Exhibit B to the court's Initial Order #6 . Signed by Judge R David Proctor on 10/27/2021. (KAM)
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| Filing 9 MOTION to Compel Arbitration by Ally Financial Inc. (Attachments: #1 Affidavit)(Fleischman, Maia) |
| Filing 8 Ally Bank's ANSWER to Complaint , COUNTERCLAIM against Laquita Brown by Ally Financial Inc. (Attachments: #1 Exhibit)(Fleischman, Maia) |
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Filing 7
TEXT ORDER - The parties are REMINDED to brief Defendant KDVH Enterprise LLCs Motion to Stay or Dismiss and Compel Arbitration #5 in accordance with the timelines set forth in Exhibit B to the court's Initial Order #6 . Signed by Judge R David Proctor on 10/25/2021. (KAM)
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Filing 6
INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 10/25/2021. (KAM)
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| Filing 5 MOTION to Stay or Dismiss and Compel Arbitration by KDVH Enterprises LLC. (Attachments: #1 Affidavit of Matthew Rodgers)(Kalupa, Cassandra) |
| Filing 4 Corporate Disclosure Statement by KDVH Enterprises LLC. filed by KDVH Enterprises LLC (Kalupa, Cassandra) |
| Filing 3 Corporate Disclosure Statement by Ally Financial Inc. filed by Ally Financial Inc (Fleischman, Maia) |
| Filing 2 Corporate Disclosure Statement by Northstar Location Services LLC. filed by Northstar Location Services LLC (Moon, Stacy) |
| Filing Fee: Filing fee $ 402, receipt_number 1126-3946218. related document #1 NOTICE OF REMOVAL by Ally Financial Inc, KDVH Enterprises LLC, Northstar Location Services LLC from Jeffeson County Circuit Court, case number 21-902624., filed by Ally Financial Inc, KDVH Enterprises LLC, Northstar Location Services LLC. (Attachments: # 1 Exhibit A)(KAM). (Fleischman, Maia) NDAL rec# B4601116445 Modified on 10/22/2021 (KAM). |
| Filing 1 NOTICE OF REMOVAL by Ally Financial Inc, KDVH Enterprises LLC, Northstar Location Services LLC from Jeffeson County Circuit Court, case number 21-902624., filed by Ally Financial Inc, KDVH Enterprises LLC, Northstar Location Services LLC. (Attachments: #1 Exhibit A)(KAM) |
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