Tyler et al v. The Mortgage Outlet, Inc.
| Carl Tyler, Grace Tyler, Joe Cephus Prim and Lisa A. Prim |
| The Mortgage Outlet, Inc. |
| 1:2008cv00007 |
| January 4, 2008 |
| US District Court for the Southern District of Alabama |
| Mobile Office |
| Baldwin |
| Sonja F Bivins |
| Consumer Credit |
| 15 U.S.C. § 1601 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 7, 2009. A more recent docket listing may be available from PACER.
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Filing 30
FINAL ORDER APPROVING ATTORNEYS' FEES AND REIMBURSEMENT OF COSTS granting in part and denying in part #27 Motion for Attorney Fees; The court finds that attorneys' fee of Class Counsel in the amount $247,500.00 to be fair and reasonable; Payment of said award to be made to Class Counsel from the Settlement Fund; The Claim Administrator is authorized to disburse this amount to Earl P. Underwood, Jr.; Signed by Magistrate Judge Sonja F. Bivins on 1/7/09. (mjn, )
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Filing 29
ORDER AND FINAL JUDGMENT re: #26 MOTION to Approve Settlement Agreement filed by Lisa A. Prim, Carl Tyler, Grace Tyler, Joe Cephus Prim, is GRANTED and the Settlement is hereby APPROVED as fair, reasonable, adequate, etc. as further set out;. Signed by Magistrate Judge Sonja F. Bivins on 1/7/09. (mjn, )
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| Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Class Action (Fairness) Hearing held on 12/18/2008. FTR Digital Audio Recording. (mjn, ) |
| Filing 28 NOTICE of Filing Exhibits Exhibit 4: Resume of James D. Patterson by Carl Tyler, Joe Cephus Prim, Lisa A. Prim, Grace Tyler re: #27 MOTION for Attorney Fees (Patterson, James) |
| Filing 27 MOTION for Attorney Fees by Carl Tyler, Joe Cephus Prim, Lisa A. Prim, Grace Tyler. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Underwood, Earl) |
| Filing 26 MOTION to Approve Settlement Agreement by Carl Tyler, Joe Cephus Prim, Lisa A. Prim, Grace Tyler. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Underwood, Earl) |
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Filing 25
ORDER granting #24 Motion to Amend/Correct; The Order entered June 24, 2008 #21 is hereby AMENDED as set out; The Fairness Hearing is rescheduled for December 18, 2008 at 10:00 a.m. in Courtroom No. 1A, United States District Court, 113 St. Joseph Street, Mobile, Al, 36602; Signed by Magistrate Judge Sonja F. Bivins on 9/12/08. (mjn, )
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| Filing 24 Joint MOTION to Amend/Correct Class Definition and Approve Notice by Publication by Carl Tyler, Joe Cephus Prim, Lisa A. Prim, Grace Tyler, The Mortgage Outlet, Inc.. (Attachments: #1 Exhibit Exhibit A) (Walsh, Stephen) |
| Filing 23 Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins on 8/6/2008: Telephone conference with counsel for parties regarding notice via publication. (dfd) |
| Filing 22 Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Telephone conference with counsel regarding settlement agreement held on 7/16/2008. (dfd) |
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Filing 21
FINDING AND ORDER PRELIMINARILY CERTIFYING SETTLEMENT CLASS, granting preliminary settlement approval approving notice, and setting a date and time for fairness hearing on final approval, ( FAIRNESS HEARING set for 9/25/2008 11:00 AM in Courtroom 1A before Magistrate Judge Sonja F. Bivins.) Until further order, all proceedings are hereby STAYED, except for proceedings to effectuate the terms and conditions of the settlement as further set out;. Signed by Magistrate Judge Sonja F. Bivins on 6/24/08. (mjn, )
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| Filing 20 Unopposed MOTION to Amend Complaint #5 Amended Complaint by Carl Tyler, Joe Cephus Prim, Lisa A. Prim, Grace Tyler. (Attachments: #1 Exhibit A, #2 Exhibit Exhibits A-E for Second Amended Complaint) (Underwood, Earl) |
| Filing 19 Minute Entry for proceedings held on 6/23/2008 before Magistrate Judge Sonja F. Bivins: Court conducted follow-up conference regarding the Parties' Joint Motion for Preliminary Approval of Class Settlement. (dfd) |
| Filing 18 NOTICE by Carl Tyler, Joe Cephus Prim, Lisa A. Prim, Grace Tyler re #16 Joint MOTION to Approve Settlement Agreement of Filing Resume in Support of Motion for Approval of Class Settlement Doc #16 (Underwood, Earl) |
| Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Motion Hearing held on 6/20/2008 re #16 Joint MOTION to Approve Settlement Agreement filed by Lisa A. Prim, Carl Tyler, Grace Tyler, The Mortgage Outlet, Inc., Joe Cephus Prim. FTR Digital Audio Recording. (mjn, ) |
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Filing 17
ORDER Setting Hearing on #16 Joint MOTION to Approve Settlement Agreement : Motion Hearing set for 6/20/2008 10:00 AM in Courtroom 1A before Magistrate Judge Sonja F. Bivins. Signed by Magistrate Judge Sonja F. Bivins on 6/9/08. (mjn, )
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| Filing 16 Joint MOTION to Approve Settlement Agreement by Carl Tyler, Joe Cephus Prim, Lisa A. Prim, Grace Tyler, The Mortgage Outlet, Inc.. (Attachments: #1 Exhibit Exhibit 1 Settlement Agreement, #2 Exhibit Exhibit A Preliminary Approval Order, #3 Exhibit Exhibit B Notice of Class Certification and Settlement of Class Action, #4 Exhibit Exhibit C Proof of Claim Form, #5 Exhibit Exhibit D Final Order and Judgment) (Walsh, Stephen) |
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Filing 15
ORDER TO SHOW CAUSE that the parties are ordered to file the proposed settlement agreement, along with information regarding the proposed class and proposed class notice as previously ordered by May 27, 2008, or show cause by that date why they are unable to do so. Show Cause Response due by 5/27/2008. Signed by Magistrate Judge Sonja F. Bivins on 5/19/08. (mjn, )
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Sonja F. Bivins. IT IS HEREBY ORDERED that this case be referred to the United States Magistrate Judge, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. 636(c) and Fed.R.Civ.P.73.. Signed by Judge Kristi K. DuBose on 4/30/08. (mjn, )
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| Filing 13 CONSENT to Jurisdiction by US Magistrate Judge by Carl Tyler, Joe Cephus Prim, Lisa A. Prim, Grace Tyler.. (Underwood, Earl) |
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Filing 12
Order ent. on status conference held; Parties are DIRECTED to file the proposed settlement agreement along with information regarding proposed class and proposed class notice by May 12, 2008; If all parties consent to have Magistrate Judge preside over this case, they are DIRECTED to file by April 30, 2008, the Consent to the Exercise of Jurisdiction by a United States Magistrate Judge form; If the form is not filed by April 30, 2008, the Clerk is DIRECTED to transfer this case to the District Judge; ( Consent Form due by 4/30/2008., Miscellaneous deadline set for 5/12/2008.). Signed by Magistrate Judge Sonja F. Bivins on 4/22/08. (mjn, )
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| Filing 11 RESPONSE to #10 Order to Show Cause, Joint Reponse to Show Cause Order filed by The Mortgage Outlet, Inc.. (Walsh, Stephen) |
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Filing 10
ORDER TO SHOW CAUSE that Plaintiffs show cause on or before March 19, 2008 why a request for entry of default has not been made; otherwise this case will be dismissed as to Defendant The Mortgage Outlet, Inc.; Show Cause Response due by 3/19/2008. Signed by Magistrate Judge Sonja F. Bivins on 3/5/08. (mjn, )
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Filing 9
AMENDED ENDORSED ORDER granting The Mortgage Outlet, Inc.'s unopposed Motion for Extension of Time to Answer (Doc. 7). The deadline for The Mortgage Outlet, Inc.'s Answer is extended to March 4, 2008. Signed by Magistrate Judge Sonja F. Bivins on 02/07/2008. (dfd)
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| Answer due from The Mortgage Outlet, Inc. on 3/4/2008. (mjn, ) |
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Filing 8
ENDORSED ORDER GRANTING The Mortgage Outlet, Inc.'s unopposed Motion for Extension of Time to Answer (Doc. 7). The deadline for The Mortgage Outlet Inc.'s Answer is extended to February 26, 2008. Signed by Magistrate Judge Sonja F. Bivins on 02/06/2008. (Bivins, Sonja)
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| Filing 7 Unopposed MOTION for Extension of Time to File Answer, Unopposed MOTION for Extension of Time to File Response/Reply to Amended Complaint by The Mortgage Outlet, Inc.. (Walsh, Stephen) |
| Filing 6 CERTIFICATE OF SERVICE by Carl Tyler, Grace Tyler re #5 Amended Complaint (Underwood, Earl) |
| Filing 5 AMENDED COMPLAINT against all defendants, filed by Carl Tyler, Grace Tyler. (Attachments: #1 Exhibit A thru E) (Underwood, Earl) |
| Answer due from The Mortgage Outlet, Inc. on 2/6/2008. (mjn, ) |
| Filing 4 RETURN OF SERVICE of Summons served 01/14/08 as to The Mortgage Outlet, Inc. (Attachments: #1 Exhibit Certified Mail Receipt) (Underwood, Earl) |
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Filing 3
Service Order entered 1/7/2008. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 2/21/2008.. Signed by Magistrate Judge Sonja F. Bivins on 1/7/08. (mjn, )
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| Filing 2 Summons Issued as to The Mortgage Outlet, Inc. & mailed to pltf's atty for service on deft; (mjn, ) |
| Filing 1 COMPLAINT against The Mortgage Outlet, Inc. ( Filing fee $350 receipt number 11280000000000559779, Online Credit Card Payment), filed by Carl Tyler, Grace Tyler. (Attachments: #1 Supplement Summons) (Underwood, Earl) (Additional attachment(s) added on 1/7/2008: #2 Civil Cover Sheet) (mjn, ). |
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