Steele v. Jefferson Capital Systems, LLC et al
| Anthony B Steele |
| Jefferson Capital Systems, LLC and Jacob Law Group, PLLC |
| 2:2023cv02110 |
| August 30, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 18 JOINT REPORT of Rule 26(f) Planning Meeting by Jefferson Capital Systems, LLC. (Williams, Taylor) |
| Filing 17 TEXT ONLY ORDER denying #14 Motion to Strike Answer #10 . The Court agrees with Plaintiff that separate Defendant Jacob Law Group's answer was filed eight days late and without leave of Court. Prior to filing the late answer, Jacob Law Group should have sought leave of Court, explaining at the same time the reason for the delay. However, it is entirely within the Court's discretion to accept a late answer, and "[t]here is a judicial preference for adjudication on the merits" over the entry of default--particularly where, as here, a defendant has manifested its intent to mount a defense. See Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781, 784 (8th Cir. 1998). Defendant's delay was marginal, did not impact the Court's deadlines, and does not prejudice the Plaintiff. Accordingly, the request to strike the answer is DENIED. Signed by Honorable Timothy L. Brooks on October 13, 2023. (ee) Modified on 10/16/2023 to edit text (mjm). |
| Filing 16 RESPONSE IN OPPOSITION TO Motion re #14 MOTION to Strike #10 Answer to Complaint and Place Defendant Jacob Law Group in Default filed by Jacob Law Group, PLLC. (Little, Brendan) |
| Filing 15 MEMORANDUM BRIEF in Support of #14 MOTION to Strike #10 Answer to Complaint and Place Defendant Jacob Law Group in Default by Anthony B Steele. (McGaha, Corey) |
| Filing 14 MOTION to Strike #10 Answer to Complaint and Place Defendant Jacob Law Group in Default by Anthony B Steele. (McGaha, Corey) |
| Filing 13 INITIAL SCHEDULING ORDER: Case Management Hearing set for 11/28/2023 01:30 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 10/25/2023. Signed by Honorable Timothy L. Brooks on September 19, 2023. (slc) |
| Filing 12 TEXT ONLY CLERK'S NOTICE terminating #9 Motion for Entry of Default by Clerk per filing of #10 Answer to Complaint. (src) |
| Filing 11 Corporate Disclosure Statement by Jacob Law Group, PLLC. (Little, Brendan) |
| Filing 10 ANSWER to #3 Complaint by Jacob Law Group, PLLC.(Little, Brendan) |
| Filing 9 MOTION for Entry of Default by Clerk as to Jacob Law Group, PLLC by Anthony B Steele. (McGaha, Corey) |
| Filing 8 AFFIDAVIT of Service for Summons, Complaint, Interrogatories, Request for Production, filed by Anthony B Steele. Jacob Law Group, PLLC served on 8/3/2023, answer due 8/24/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(McGaha, Corey) |
| Filing 7 AFFIDAVIT of Service for Summons, Complaint, Interrogatories, Request for Production, filed by Anthony B Steele. Jefferson Capital Systems, LLC served on 7/31/2023, answer due 8/21/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(McGaha, Corey) |
| Filing 6 ANSWER to #3 Complaint AND AFFIRMATIVE DEFENSES by Jefferson Capital Systems, LLC.(Williams, Taylor) |
| Filing 5 Corporate Disclosure Statement by Jefferson Capital Systems, LLC. (Williams, Taylor) |
| Filing 4 Magistrate Notice/Consent Form (tmc) |
| Filing 3 STATE COURT COMPLAINT with Jury Demand against Jacob Law Group, PLLC and Jefferson Capital Systems, LLC, filed by Anthony B Steele.(tmc) |
| Filing 2 NOTICE OF REMOVAL from Circuit Court of Franklin County, case number 24OCV-23-91, filed by Jefferson Capital Systems, LLC. (Attachments: #1 State Court Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D - Corporate Disclosure)(tmc) |
| Filing 1 CIVIL COVER SHEET by Jefferson Capital Systems, LLC. (tmc) |
| Notice of Removal filing fee paid re #2 Notice of Removal, : $ 402, receipt number AARWDC-2832056.. (Williams, Taylor) |
| TEXT ONLY CLERK'S NOTICE in Removal Case re Service of Process directing Plaintiff Anthony B Steele to file affidavits of service (or copies of proof of service filed in state court) for defendant(s) who have already been served with summons and a copy of the complaint, and file proof of service in this court regarding defendant(s) to be served in the future. If service is not perfected on a defendant within 90 days after filing the complaint, a show cause order will issue and the complaint against that defendant is subject to dismissal pursuant to Federal Rules of Civil Procedure 4(m). (tmc) |
| CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Notice of Removal,. You MUST pay the filing fee of $ 402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 9/1/2023.(tmc) |
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