Creech v. Barrett Financial Group LLC et al
Plaintiff: Bonnie Creech
Defendant: Barrett Financial Group LLC, Broker Solutions Incorporated doing business as Kind Lending doing business as Kind Lending LLC, John Claude Hegglin, Unknown Parties, Broker Solutions Incorporated doing business as Kind Lending and Kind Lending LLC
Case Number: 2:2022cv00871
Filed: May 20, 2022
Court: US District Court for the District of Arizona
Presiding Judge: Susan M Brnovich
Nature of Suit: Other Statutes: Consumer Credit
Cause of Action: 15 U.S.C. § 1640 Truth in Lending
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 28, 2022 Opinion or Order Filing 30 JOINDER re: #25 Motion to Dismiss and #28 Response to Motion to Amend by John Claude Hegglin . (Moon, Robert) Modified to correct event and add link on 10/31/2022 (WLP).
October 21, 2022 Opinion or Order Filing 29 *REPLY to Response to Motion re: #27 MOTION to Amend/Correct Complaint filed by Bonnie Creech. (Attachments: #1 Exhibit)(Ferraris, Christine) *Document linked incorrectly. Docket modified to link to the correct motion. (ESG)
October 14, 2022 Opinion or Order Filing 28 RESPONSE to Motion re: #27 MOTION to Amend/Correct Complaint filed by Barrett Financial Group LLC. (Attachments: #1 Attachment Attachment A)(Wright, Roger)
October 13, 2022 Opinion or Order Filing 27 MOTION to Amend/Correct Complaint by Bonnie Creech. (Attachments: #1 Exhibit, #2 Proposed Order)(Ferraris, Christine)
September 30, 2022 Opinion or Order Filing 26 NOTICE re: Notice of Certification and Conferral by Barrett Financial Group LLC re: #25 MOTION to Dismiss for Failure to State a Claim . (Wright, Roger)
September 30, 2022 Opinion or Order Filing 25 MOTION to Dismiss for Failure to State a Claim by Barrett Financial Group LLC. (Attachments: #1 Exhibit Exhibits A & B, #2 Proposed Order)(Wright, Roger)
September 20, 2022 Opinion or Order Filing 24 NOTICE OF ATTORNEY'S CHANGE OF EMAIL ADDRESS by Robert Jerome Moon . (Moon, Robert) Modified to correct event on 9/21/2022 (WLP).
September 15, 2022 Opinion or Order Filing 23 NOTICE re: Notice of 12(b)(6) Withdrawal of Motion to Dismiss by Barrett Financial Group LLC . (Wright, Roger)
September 14, 2022 Opinion or Order Filing 22 Corporate Disclosure Statement by Kind Lending LLC. (Funkhouser, David)
September 14, 2022 Opinion or Order Filing 21 Corporate Disclosure Statement by Broker Solutions Incorporated. (Funkhouser, David)
September 13, 2022 Opinion or Order Filing 20 ORDER the #18 Motion for Leave to Withdraw and Leave to Refile or Alternatively, Motion to Amend is GRANTED. Defendant may withdraw its 12(B)(6) Motion without prejudice to refiling. Plaintiff shall have seven (7) days to review the issues presented in Defendant's recently filed Motion to Dismiss pursuant to Rule 12(b)(6). If counsel for Plaintiff and Defendant can resolve the issues raised in Defendant's Motion by Plaintiff filing an Amended Complaint, Plaintiff shall file an Amended Complaint. If the parties cannot agree, Defendant may refile its 12(B)(6) motion including its certification pursuant to LRCiv. 12.1(c). Signed by Judge Susan M. Brnovich on 9/12/2022. (ESG)
September 8, 2022 Opinion or Order Filing 19 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Kind Lending LLC. (ESG)
September 8, 2022 Opinion or Order Filing 18 MOTION to Withdraw #15 MOTION to Dismiss for Failure to State a Claim, or alternatively, MOTION to Amend 12(B)(6) Motion by Barrett Financial Group LLC. (Attachments: #1 Proposed Order)(Wright, Roger). Added MOTION to Amend on 9/8/2022 (WLP).
September 5, 2022 Opinion or Order Filing 17 ANSWER to #1 Complaint by John Claude Hegglin.(Moon, Robert)
September 2, 2022 Opinion or Order Filing 16 Corporate Disclosure Statement by Barrett Financial Group LLC. (Wright, Roger)
September 2, 2022 Opinion or Order Filing 15 *WITHDRAWN by Order (Doc. #20 ) MOTION to Dismiss for Failure to State a Claim by Barrett Financial Group LLC. (Attachments: #1 Exhibit Deed of Trust, #2 Exhibit Note, #3 Proposed Order)(Wright, Roger) Modified on 9/13/2022 (ESG).
September 2, 2022 Opinion or Order Filing 14 ANSWER to #1 Complaint with Jury Demand by Broker Solutions Incorporated, Kind Lending LLC.(Benavides, Anelisa)
August 29, 2022 Opinion or Order Filing 13 ORDER pursuant to the #12 Stipulation, IT IS ORDERED that Defendants Barrett Financial Group LLC, Broker Solutions Incorporated and Kind Lending LLC shall have up to and including 9/2/2022 to file their answer and affirmative defenses, if any, to Plaintiff's Complaint. No other deadline is extended by this Order. Signed by Judge Susan M. Brnovich on 8/29/2022. (ESG)
August 25, 2022 Opinion or Order Filing 12 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Broker Solutions Incorporated, Kind Lending LLC. (Attachments: #1 Proposed Order)(Funkhouser, David)
August 23, 2022 Opinion or Order Filing 11 MINUTE ORDER: Pursuant to #4 Order; Unknown Parties (named as Jane and John Doe employees 1-10) terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP)
August 16, 2022 Opinion or Order Filing 10 SERVICE EXECUTED : Return of Service re: Summons, Complaint, Order upon John Claude Hegglin on 8/15/2022. (Ferraris, Christine) Modified text to add date of service on 8/17/2022 (WLP).
August 12, 2022 Opinion or Order Filing 9 SERVICE EXECUTED filed by Bonnie Creech: Return of Service re: Summons, Complaint, Order upon Kind Lending LLC on 8/4/2022. (Ferraris, Christine) Modified text to add service date on 8/15/2022 (WLP).
August 12, 2022 Opinion or Order Filing 8 SERVICE EXECUTED filed by Bonnie Creech: Return of Service re: Summons, Complaint, Order upon Broker Solutions Incorporated on 8/4/2022 (Ferraris, Christine) Modified text to add service date on 8/15/2022 (WLP).
August 12, 2022 Opinion or Order Filing 7 SERVICE EXECUTED filed by Bonnie Creech: Return of Service re: Summons, Complaint, Order upon Barrett Financial Group on 8/8/2022. (Ferraris, Christine) Modified text to add date of service on 8/15/2022 (WLP).
August 2, 2022 Opinion or Order Filing 6 Summons Issued as to Barrett Financial Group LLC, Broker Solutions Incorporated, John Claude Hegglin, Kind Lending LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
August 1, 2022 Opinion or Order Filing 5 SUMMONS Submitted by Bonnie Creech. (Attachments: #1 Summons Hegglin, #2 Summons Barrett, #3 Summons Broker Solutions Inc., #4 Summons Kind Lending LLC)(Ferraris, Christine)
May 23, 2022 Opinion or Order Filing 4 ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on August 18, 2022. Signed by Judge Susan M. Brnovich on 5/23/2022. (ESG)
May 23, 2022 Opinion or Order Filing 3 ORDER This matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings, and are ordered as follows. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 5/23/2022. (ESG)
May 20, 2022 Opinion or Order Filing 2 Filing fee paid, receipt number AAZDC-20686527. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-22-00871-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA)
May 20, 2022 Opinion or Order Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-20686527 filed by Bonnie Creech. (Ferraris, Christine) (Attachments: #1 Civil Cover Sheet)(SCA)

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Plaintiff: Bonnie Creech
Represented By: Christine Anderson Ferraris
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Defendant: Barrett Financial Group LLC
Represented By: Roger Alan Wright
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Defendant: Broker Solutions Incorporated doing business as Kind Lending doing business as Kind Lending LLC
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Defendant: John Claude Hegglin
Represented By: Robert Jerome Moon
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Defendant: Unknown Parties
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Defendant: Broker Solutions Incorporated doing business as Kind Lending
Represented By: Anelisa Benavides
Represented By: David Edward Funkhouser, III
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Defendant: Kind Lending LLC
Represented By: Anelisa Benavides
Represented By: David Edward Funkhouser, III
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