Gray v. CTP Funding
| Michele R Gray |
| CTP Funding |
| 2:2023cv00663 |
| April 17, 2023 |
| US District Court for the District of Arizona |
| Eileen S Willett |
| Contract: Negotiable Instrument |
| 15 U.S.C. § 1640 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 45 CLERK'S JUDGMENT - Pursuant to the Court's Order filed June 9, 2023, judgment of dismissal is entered. Plaintiff to take nothing, and the complaint and action are dismissed with prejudice. (SMF) |
Filing 44
ORDER denying Defendant's "Motion for Order to Show Cause Why Plaintiff Should Not be Declared a Vexatious Litigant and Subject to Pre-Filing Requirements" (Doc. #32 ). Signed by Magistrate Judge Eileen S Willett on 6/9/23. (SMF)
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Filing 43
ORDER granting Defendant's "Motion for Judgment on the Pleadings" (Doc. #28 ). Plaintiff's Complaint is dismissed with prejudice. The Clerk of Court shall enter judgment accordingly. IT IS FURTHER ORDERED granting Defendant's request for an award of costs and attorneys' fees pursuant to Ariz. Rev. Stat. 12-341.01. Defendant shall file a properly supported application for its attorneys' fees and a statement of costs within fourteen days of the entry of Judgment. Any objections to the fees or costs requested by Defendant shall be filed within fourteen days after service of the fee application and statement of costs. Signed by Magistrate Judge Eileen S Willett on 6/9/23. (SMF)
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| Filing 42 Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Eileen S Willett conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. FURTHER ORDERED the Order to Show Cause Hearing scheduled for June 5, 2023 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 41 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 39 REPLY to Response to Motion re: #28 MOTION for Judgment on the Pleadings filed by CTP Funding. (Pack, Bradley) |
| Filing 38 RESPONSE to Motion re: #28 MOTION for Judgment on the Pleadings filed by Michele R Gray. (SMF) |
| Filing 37 MINUTE ORDER: That counsel having complied with this Court's Order, the Order to Show Cause Hearing scheduled for June 5, 2023, for Defendant CTP Funding ONLY, is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 36 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 34
ORDER that CTP Funding show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 6/5/2023 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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Filing 33
ORDER that Michele R Gray show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 6/5/2023 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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| Filing 32 MOTION for Order to Show Cause Why Plaintiff Should Not Be Declared A Vexatious Litigant and Subject to Pre-Filing Requirements by CTP Funding. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order)(Pack, Bradley) |
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Filing 31
ORDER - Plaintiff shall have until 5/8/23 to file a response to the Motion for Judgment on the Pleadings (Doc. #28 ). Defendant shall file any reply within seven days from the date Plaintiff's response is filed. The Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge Eileen S Willett on 4/20/23. (SMF)
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| Filing 30 SUPPLEMENT Certificate of Service re: #27 Answer to Complaint by Defendant CTP Funding. (Pack, Bradley) |
| Filing 29 Corporate Disclosure Statement by CTP Funding. (Pack, Bradley) |
| Filing 28 MOTION for Judgment on the Pleadings by CTP Funding. (Attachments: #1 Exhibit A-H, #2 Exhibit I-P, #3 Proposed Order)(Pack, Bradley) |
| Filing 27 ANSWER to Complaint by CTP Funding.(Pack, Bradley) |
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Filing 26
ORDER granting the Application for Substitution of Counsel with Client Consent (Doc. #24 ). IT IS FURTHER ORDERED substituting Bradley D. Pack, and the law firm of Engelman Berger, P.C., in place of Troy D. Sims and Nicholas D. Kovarik, and the law firm of Piskel Yahne Kovarik PLLC, as counsel of record for Defendant CTP Funding for all further proceedings. The Clerk of Court is directed to remove Troy D. Sims and Nicholas D. Kovarik from the electronic distribution list in CM/ECF as to this case only. Signed by Magistrate Judge Eileen S Willett on 4/19/23. (SMF)
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| Filing 25 Additional Attachments to Main Document re: #24 Motion to Substitute Attorney - Order Granting Application for Substitution of Counsel with Client Consent by Defendant CTP Funding. (Pack, Bradley) |
| Filing 24 *MOTION to Substitute Attorney with Client Consent by Defendant CTP Funding. (Pack, Bradley) *Modified to correct event on 4/18/2023 (SMF). |
| Filing 23 NOTICE re: Re Transfer of 2:23-cv-00006-JAG from the Eastern District of Washington to the District of Arizona. New Case Number: CV-23-00663-PHX-ESW. (Attachments: #1 Instructions, #2 Consent Form)(MAP) |
| Filing 22 CASE TRANSFERRED IN from District of Washington Eastern; Case Number 2:23-cv-00006 . Original file certified copy of transfer order and docket sheet received |
| Magistrate Election Form Deadline. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 21
ORDER TRANSFERRING VENUE TO THE DISTRICT OF ARIZONA. File is CLOSED. Signed by Magistrate Judge James A. Goeke. (TNC, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.) [Transferred from waed on 4/17/2023.]
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Filing 20
ORDER ON MOTIONS; granting in part and denying in part #3 Defendant's Motion to Change Venue; denying as moot #5 Plaintiff's Motion to Appoint Counsel ; denying #6 Plaintiff's Motion to Remand; denying as moot #15 Plaintiff's Motion to Obtain Electronic Case Filing Authorization. Signed by Magistrate Judge James A. Goeke. (TNC, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.) [Transferred from waed on 4/17/2023.]
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| Filing 19 Docket Annotation - Re Filing Error: Please DISREGARD 18 Clerks Notice of Assignment to United States Magistrate Judge. Was docketed in error. (LTR, Case Administrator) [Transferred from waed on 4/17/2023.] |
| Filing 17 Minute Entry for TELEPHONIC proceedings held before Magistrate Judge James A. Goeke: Motion Hearing held on 3/29/2023, re #3 MOTION to Change Venue filed by CTP Funding, #6 MOTION to Remand filed by Michele R Gray, #15 MOTION to Obtain Electronic Case Filing Authorization filed by Michele R Gray, and #5 MOTION to Appoint Counsel filed by Michele R Gray. (Reported/Recorded by: Digital Recording/S-740. Contact Court_Reporters@waed.uscourts.gov to order.) (MO, Courtroom Deputy) [Transferred from waed on 4/17/2023.] |
| Filing 16 NOTICE of Appearance by Troy D Sims on behalf of CTP Funding (Attorney Troy D Sims added to party CTP Funding(pty:dft))(Sims, Troy) [Transferred from waed on 4/17/2023.] |
| Filing 15 MOTION to Obtain Electronic Case Filing Authorization by Michele R Gray. Motion Hearing set for 4/24/2023 Without Oral Argument before Magistrate Judge James A. Goeke. (Note: document received by Clerk's Office in same envelope filed at ECF No. #14 -2.)(LTR, Case Administrator) [Transferred from waed on 4/17/2023.] |
| Filing 14 RESPONSE to Defendant Motion to Remove re #3 MOTION to Change Venue filed by Michele R Gray. (Attachments: #1 Exhibit 1-7, #2 Transmittal Envelope)(LTR, Case Administrator) [Transferred from waed on 4/17/2023.] |
| Filing 13 NOTICE of Hearing on Motion - By Court - Text entry; no PDF document. The Court will hear oral argument on Defendant's #3 MOTION to Change Venue and Plaintiff's #6 MOTION to Remand. Motion Hearing set for 3/29/2023 at 09:00 AM via Teleconference before Magistrate Judge James A. Goeke. The parties shall initiate the call to Magistrate Judge Goeke at (888) 363-4749, Access Code: 6822266. Hearing content provided via videoconference or teleconference dial-in access MUST NOT be recorded or rebroadcast. Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail. (HF) [Transferred from waed on 4/17/2023.] |
| Filing 12 DECLARATION by Troy D. Sims in Opposition re #3 MOTION to Change Venue , #6 MOTION to Remand, #5 MOTION to Appoint Counsel filed by CTP Funding. (Attachments: #1 Exhibit A)(Kovarik, Nicholas) [Transferred from waed on 4/17/2023.] |
| Filing 11 DECLARATION by Nicholas D. Kovarik in Opposition re #3 MOTION to Change Venue , #6 MOTION to Remand, #5 MOTION to Appoint Counsel filed by CTP Funding. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kovarik, Nicholas) [Transferred from waed on 4/17/2023.] |
| Filing 10 REPLY MEMORANDUM re #3 MOTION to Change Venue , #6 MOTION to Remand, #5 MOTION to Appoint Counsel filed by CTP Funding. (Kovarik, Nicholas) [Transferred from waed on 4/17/2023.] |
| Filing 9 RESPONSE TO #3 DEFENDANT MOTION TO REMOVE filed by Michele R Gray. (Attachments: #1 Transmittal Envelope)(TNC, Case Administrator) [Transferred from waed on 4/17/2023.] |
| Filing 8 DECLARATION by Nicholas D. Kovarik in Opposition re #6 MOTION to Remand, #5 MOTION to Appoint Counsel filed by CTP Funding. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kovarik, Nicholas) [Transferred from waed on 4/17/2023.] |
| Filing 7 RESPONSE to Motion re #6 MOTION to Remand, #5 MOTION to Appoint Counsel filed by CTP Funding. (Attachments: #1 Exhibit A)(Kovarik, Nicholas) [Transferred from waed on 4/17/2023.] |
| Filing 6 Plaintiff Motion to Remand Stay Notice an Appeal Petition by Michele R Gray. Motion Hearing set for 3/3/2023 Without Oral Argument before Magistrate Judge James A. Goeke. (Attachments: #1 Transmittal Envelope)(TNC, Case Administrator) [Transferred from waed on 4/17/2023.] |
| Filing 5 Motion for Appointment of Pro Bono Counsel by Michele R Gray. Motion Hearing set for 3/3/2023 Without Oral Argument before Magistrate Judge James A. Goeke. (TNC, Case Administrator) [Transferred from waed on 4/17/2023.] |
| Filing 4 DECLARATION by Tyler Stone in Support re #3 MOTION to Change Venue filed by CTP Funding. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kovarik, Nicholas) [Transferred from waed on 4/17/2023.] |
| Filing 3 MOTION to Change Venue by CTP Funding. Motion Hearing set for 2/27/2023 Without Oral Argument before Magistrate Judge James A. Goeke. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kovarik, Nicholas) [Transferred from waed on 4/17/2023.] |
| Filing 2 Clerks Notice of Assignment to United States Magistrate Judge and Declination of Consent Form. Please Note: Declination of Consent Forms are not to be electronically filed with the Court. Parties wishing to decline consent of this assignment must complete and return the attached Declination of Consent Form to the Clerk of Court by the Case Management Deadline set for 1/17/2023. (TNC, Case Administrator) Modified on 1/9/2023 to modify docket text (TNC, Case Administrator). [Transferred from waed on 4/17/2023.] |
| Filing 1 NOTICE OF REMOVAL Filing fee $402; Receipt #AWAEDC-4198714 Filed by CTP Funding. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Kovarik, Nicholas) [Transferred from waed on 4/17/2023.] |
| Notice of Judge Assignment. Magistrate Judge James A. Goeke assigned to case. (TNC, Case Administrator) [Transferred from waed on 4/17/2023.] |
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| Plaintiff: Michele R Gray | |
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| Defendant: CTP Funding | |
| Represented By: | Troy D Sims |
| Represented By: | Nicholas D Kovarik |
| Represented By: | Bradley David Pack |
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