Rhoades et al v. Capital One Auto Finance et al
Plaintiff: Dustin Rhoades and Sarah Rhoades
Defendant: Unknown Parties, Capital One Auto Finance and Times Up Recovery LLC
Case Number: 3:2020cv08199
Filed: August 4, 2020
Court: US District Court for the District of Arizona
Presiding Judge: Steven P Logan
Nature of Suit: Other Statutes: Consumer Credit
Cause of Action: 15 U.S.C. § 1692
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2020 Filing 19 ANSWER to #1 Complaint Defendant Capital One Auto Finance, A Division of Capital One, N.A.'s Answer to Plaintiffs' Complaint by Capital One Auto Finance.(Burgeson, Wade)
September 22, 2020 Opinion or Order Filing 18 ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE: Case Management Conference is set for 10/30/2020 at 09:00 AM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P. Logan. See order for additional deadlines and details. Signed by Judge Steven P. Logan on 9/21/2020. (Attachments: #1 Attachments)(LMR)
September 17, 2020 Filing 17 Corporate Disclosure Statement by Times Up Recovery LLC. (Royce, Gene)
September 17, 2020 Filing 16 ANSWER to #1 Complaint with Jury Demand by Times Up Recovery LLC.(Royce, Gene)
September 17, 2020 Opinion or Order Filing 15 ORDER granting the parties' Stipulation #14 : Defendant Capital One Auto Finance, A Division of Capital One, N.A. shall have until October 2, 2020, to file an answer to the Complaint and otherwise respond as provided by Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Steven P. Logan on 9/17/2020. (LMR)
September 14, 2020 Filing 14 MOTION for Extension of Time to File Answer re: #1 Complaint Stipulation to Extend Defendant Capital One Auto Finance, a Division of Capital One, N.A.'s Responsive Pleading Deadline to October 2, 2020 by Capital One Auto Finance. (Attachments: #1 Text of Proposed Order Order Extending Defendant Capital One Auto Finance, A Division of Capital One, N.A.'s Deadline to File Responsive Pleading (Second Request))(Burgeson, Wade)
September 3, 2020 Opinion or Order Filing 13 ORDER granting the parties' Stipulation #12 : Defendant Capital One Auto Finance shall have until September 18, 2020, to file an answer to the Complaint and otherwise respond as provided by Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Steven P. Logan on 9/3/2020. (LMR)
September 2, 2020 Filing 12 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint Stipulation to Extend Defendant Capital One Auto Finance, a Division of Capital One, N.A.'s Responsive Pleading Deadline to September 18, 2020 by Capital One Auto Finance. (Attachments: #1 Text of Proposed Order Order Extending Defendant Capital One Auto Finance, N.A.'s Deadline to File Responsive Pleading)(Burgeson, Wade)
September 2, 2020 Filing 11 Corporate Disclosure Statement by Capital One Auto Finance identifying Corporate Parent Capital One Auto Finance for Capital One Auto Finance. (Burgeson, Wade)
September 2, 2020 Filing 10 *NOTICE of Appearance by Wade Burgeson on behalf of Capital One Auto Finance. (Burgeson, Wade) *Modified to correct event on 9/3/2020 (DXD).
August 24, 2020 Filing 9 NOTICE by Dustin Rhoades, Sarah Rhoades re: #5 Order re Rule 12(b) Motions, Set Deadlines . (Thompson, Russell)
August 24, 2020 Filing 8 SERVICE EXECUTED filed by Dustin Rhoades, Sarah Rhoades: Declaration of Service re: Complaint upon Times Up Recovery, LLC on 8/18/2020. (Thompson, Russell)
August 17, 2020 Filing 7 NOTICE re: Service by Dustin Rhoades, Sarah Rhoades re: #5 Order re Rule 12(b) Motions, Set Deadlines . (Thompson, Russell)
August 17, 2020 Filing 6 SERVICE EXECUTED filed by Dustin Rhoades, Sarah Rhoades: Declaration of Service re: Complaint upon Capital One Auto Finance, a Division of Capital One N.A. on 8/13/2020. (Thompson, Russell)
August 5, 2020 Opinion or Order Filing 5 PRELIMINARY ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motion 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. That unless the Court orders otherwise, on November 2, 2020, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See attached Order for complete details. Signed by Judge Steven P. Logan on 8/5/2020. (LMR)
August 5, 2020 Filing 4 Summons Issued as to Capital One Auto Finance and Times Up Recovery LLC. (Attachments: #1 Summons)(DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
August 4, 2020 Filing 3 Filing fee paid, receipt number 0970-18540163. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-20-8199-PCT-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC)
August 4, 2020 Filing 2 SUMMONS Submitted by Dustin Rhoades and Sarah Rhoades. (Thompson, Russell) (Attachments: #1 Summons)(DLC)
August 4, 2020 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18540163 filed by Dustin Rhoades and Sarah Rhoades. (Thompson, Russell) (Attachments: #1 Civil Cover Sheet)(DLC)

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Plaintiff: Dustin Rhoades
Represented By: Russell Snow Thompson, IV
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Plaintiff: Sarah Rhoades
Represented By: Russell Snow Thompson, IV
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Defendant: Unknown Parties
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Defendant: Capital One Auto Finance
Represented By: Wade Michael Burgeson
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Defendant: Times Up Recovery LLC
Represented By: Gene E Royce
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