Perez v. Advantage Credit Incorporated
Nancy Perez |
Advantage Credit Incorporated |
2:2019cv03612 |
May 28, 2019 |
US District Court for the District of Arizona |
Diane J Humetewa |
Other Statutes: Consumer Credit |
15 U.S.C. § 1681 |
Plaintiff |
Docket Report
This docket was last retrieved on July 19, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 21 ORDER: Pending before the Court is the Stipulation and Consent for Substitution of Counsel (Doc. #20 ). The document does not fully comply with the requirements of LRCiv 83.3(b). Accordingly, the Stipulation and Consent for Substitution of Counsel (Doc. #20 ) is denied without prejudice. Ordered by Judge Diane J. Humetewa on 7/19/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) |
Filing 20 STIPULATION and Consent for Substitution of Counsel by Advantage Credit Incorporated. (Attachments: #1 Exhibit Order for Substitution of Counsel)(Van Buren, Laura) |
Filing 19 ORDER: Pending before the Court is the parties' Stipulation Regarding Pending Motions and Amendment of Complaint (Doc. #16 ). Upon review, the Court grants the Stipulation (Doc. #16 ). IT IS ORDERED that Defendant's Motion to Dismiss Class Action Complaint (Doc. #9 ) is withdrawn by Defendant and is therefore denied without prejudice as moot. IT IS FURTHER ORDERED that Plaintiff's Motion to Strike Defendant's Motion to Dismiss (Doc. #11 ) is withdrawn by Plaintiff and is therefore denied as moot. IT IS FURTHER ORDERED vacating this Court's Order requiring Defendant to file its response to Plaintiff's Motion to Strike by July 12, 2019 (Doc. 13 ). IT IS FURTHER ORDERED that Plaintiff may file an Amended Complaint on or before July 12, 2019 and that Defendant shall not be required to file an answer to Plaintiff's original complaint (Doc. #1 ). IT IS FINALLY ORDERED that Defendant shall answer or otherwise respond to Plaintiff's First Amended Complaint on or before August 2, 2019. Signed by Judge Diane J Humetewa on 7/12/2019. (SST) |
Filing 18 AMENDED COMPLAINT against Advantage Credit Incorporated filed by Nancy Perez.(Chami, David) |
Filing 17 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Nancy Perez . (Attachments: #1 Plaintiff's First Amended Complaint with Revisions)(Chami, David) |
Filing 16 STIPULATION re: #11 MOTION to Strike #9 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #9 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Advantage Credit Incorporated. (Attachments: #1 Text of Proposed Order Re Stipulation to Amend Complaint)(Glasser, Jamie) |
Filing 15 NOTICE TO FILER OF DEFICIENCY re: #12 Notice of Errata filed by Nancy Perez. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
Filing 13 VACATED by Doc. #19 . ORDER: Before the Court is Plaintiff's Motion to Strike Defendant's Motion to Dismiss, in which Plaintiff contends that Defendant failed to confer with Plaintiff regarding whether an amendment could cure the alleged defects in the complaint prior to filing the Motion to Dismiss (Doc. #11 ). IT IS ORDERED that Defendant shall file a Response to Plaintiff's Motion to Strike of no more than five (5) pages before 12:00 p.m. on July 12, 2019. No Reply will be permitted. ORDERED by Judge Diane J Humetewa on 7/9/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) Modified on 7/15/2019 (SST). |
Filing 12 NOTICE of Errata re: #11 MOTION to Strike #9 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Plaintiff Nancy Perez.. (Chami, David) |
Filing 14 NOTICE TO FILER OF DEFICIENCY re: #11 MOTION to Strike #9 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Nancy Perez. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
Filing 11 MOTION to Strike #9 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Nancy Perez. (Attachments: #1 Text of Proposed Order, #2 Declaration of David A. Chami, #3 Exhibit A-Email Correspondence)(Chami, David) |
Filing 10 Corporate Disclosure Statement by Advantage Credit Incorporated. (Hassett, Myles) |
Filing 9 *MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Advantage Credit Incorporated. (Hassett, Myles). *Added MOTION to Dismiss for Lack of Jurisdiction, attorney noticed on 7/3/2019 (SLQ). |
Filing 8 ORDER setting a Rule 16 Scheduling Conference for 8/2/2019 at 2:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 5/30/2019. (See Order for details.) (LFIG) |
Filing 7 SERVICE EXECUTED filed by Nancy Perez: Proof of Service re: 1)Issued Summons 2)Complaint 3)Notice of Availability of United States Magistrate Judge to Exercise Jurisdiction 4)Notice to Parties MIDP 5)Order that Motions are Discouraged upon Advantage Credit, Inc. on 05/29/2019. (Chami, David) |
Filing 6 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Diane J Humetewa on 5/28/19. (CLB) |
Filing 5 Summons Issued as to Advantage Credit Incorporated. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
Filing 4 SUMMONS Submitted by Nancy Perez. (Chami, David) |
Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (DLC) |
Filing 2 Filing fee paid, receipt number 0970-16963618. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-19-3612-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) |
Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16963618 filed by Nancy Perez. (Chami, David) (Attachments: #1 Civil Cover Sheet)(DLC) |
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Defendant: Advantage Credit Incorporated | |
Represented By: | John J Atallah |
Represented By: | Myles Patrick Hassett |
Represented By: | Jamie Alexander Glasser |
Represented By: | Christi A Lawson |
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Plaintiff: Nancy Perez | |
Represented By: | David Ali Chami |
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