Leonard Luna v. Wal Mart Transportation, LLC
| Leonard Luna |
| Does 1-10, inclusive and Wal Mart Transportation, LLC |
| 5:2018cv05141 |
| July 13, 2018 |
| US District Court for the Western District of Arkansas |
| Fayetteville Office |
| U.S., Outside State |
| Timothy L Brooks |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 1, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 JOINT REPORT of Rule 26(f) Planning Meeting by Wal Mart Transportation, LLC. (Freeman, Karen) |
| Filing 36 NOTICE of Appearance by Nathan Andrew Read on behalf of Wal Mart Transportation, LLC. (Read, Nathan) |
| Filing 35 NOTICE of Appearance by Karen P Freeman on behalf of Wal Mart Transportation, LLC. (Freeman, Karen) |
| Filing 34 **CORRECTED** INITIAL SCHEDULING ORDER: Case Management Hearing set for 10/9/2018 01:30 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 9/4/2018. Signed by Honorable Timothy L. Brooks on July 31, 2018. |
| Filing 33 Magistrate Notice/Consent Furnished (src) |
| Filing 32 Case transferred in from District of California Central; Case Number 5:18-cv-00331. Docket sheet received. |
| TEXT ONLY CLERK'S NOTICE: The following attorney(s) listed on Case are not registered for CM/ECF noticing and filing in the Western District of Arkansas:Maria Adrianne De Castro, Aashish Y Desai, Robert J. Herrington. An attorney can register for a CM/ECF login and password if they are admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Arkansas or are admitted pro hac vice for this case. Any non-registered attorney should submit the proper attorney admission petition or file an appropriate motion. Please refer to our website http://www.arwd.uscourts.gov/attorney-information for further information. (src) |
Filing 31
MINUTE ORDER IN CHAMBERS- The Court GRANTS Defendant's motion to transfer venue by Judge Philip S. Gutierrez: re: NOTICE OF MOTION AND MOTION to Transfer Case to to the Fayetteville Division of the Western District of Arkansas #24 : For the foregoing reasons, the Court GRANTS Defendant's motion to transfer venue. The action is hereby TRANSFERRED to the U.S. District Court for the Western District of Arkansas. (see document for further details) (Made JS-6. Case Terminated.) (bm) [Transferred from cacd on 7/13/2018.]
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Filing 30
ORDER GRANTING STIPULATION TO CONTINUE 90-DAY DEADLINE UNDER CIVIL LOCAL RULE 23-3 FOR FILING CLASS CERTIFICATION MOTION by Judge Philip S. Gutierrez, #27 IT IS SO ORDERED, the deadline for filing Plaintiffs Motion for Class Certification pursuant to Civil L.R. 23-3 is continued. The hearing and briefingschedule on Plaintiffs class certification motion shall be set by the Court at the initial Status Conference. (yl) [Transferred from cacd on 7/13/2018.]
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| Filing 29 REPLY in support of NOTICE OF MOTION AND MOTION to Transfer Case to to the Fayetteville Division of the Western District of Arkansas #24 filed by Defendant Wal Mart Transportation, LLC. (Herrington, Robert) [Transferred from cacd on 7/13/2018.] |
| Filing 28 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Defendant Wal Mart Transportation, LLC. (Attachments: #1 Declaration of Larisa Jean Ivy)(Herrington, Robert) [Transferred from cacd on 7/13/2018.] |
| Filing 27 Joint STIPULATION to Continue 90-Day Deadline Under Civil Local Rule 23-3 For Filing Class Certification Motion filed by plaintiff Leonard Luna. (Attachments: #1 Proposed Order)(Desai, Aashish) [Transferred from cacd on 7/13/2018.] |
| Filing 26 OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION to Transfer Case to to the Fayetteville Division of the Western District of Arkansas #24 filed by Plaintiff Leonard Luna. (Attachments: #1 Declaration of Leonard Luna, #2 Exhibit 1 to Dec of Luna, #3 Exhibit 2 to Dec of Luna, #4 Exhibit 3 to Dec of Luna)(Desai, Aashish) [Transferred from cacd on 7/13/2018.] |
| Filing 25 OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Plaintiff Leonard Luna. (Attachments: #1 Declaration of Aashish Y Desai, #2 Exhibit A to Dec of Desai, #3 Exhibit B to Dec of Desai, #4 Exhibit C to Dec of Desai, #5 Exhibit D to Dec of Desai, #6 Declaration of Leonard Luna, #7 Exhibit 1 to Dec of Luna, #8 Exhibit 2 to Dec of Luna, #9 Exhibit 3 to Dec of Luna)(Desai, Aashish) [Transferred from cacd on 7/13/2018.] |
| Filing 24 NOTICE OF MOTION AND MOTION to Transfer Case to to the Fayetteville Division of the Western District of Arkansas filed by Defendant Wal Mart Transportation, LLC. Motion set for hearing on 7/16/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Larisa Jean Ivy in Support of Motion to Transfer Venue, #2 Proposed Order Granting Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. Section 1404) (Herrington, Robert) [Transferred from cacd on 7/13/2018.] |
| Filing 23 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Wal Mart Transportation, LLC. Motion set for hearing on 7/16/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Herrington, Robert) [Transferred from cacd on 7/13/2018.] |
| Filing 22 FIRST AMENDED COMPLAINT against Defendant Wal Mart Transportation, LLC amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Leonard Luna (Attachments: #1 Exhibit A)(Desai, Aashish) [Transferred from cacd on 7/13/2018.] |
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Filing 21
ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: First Amended Complaint #18 , for the following reasons: Filing of First Amended Complaint #18 requires the Court's approval before filing. An Order granting request to amend the complaint was filed on Apri1 24, 2018. The Amended Complaint should be refiled (bm) [Transferred from cacd on 7/13/2018.]
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Filing 20
ORDER GRANTING STIPULATION REGARDING DEADLINE TO FILE AND RESPOND TO FIRST AMENDED COMPLAINT by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File, #17 by Judge Philip S. Gutierrez: Having considered the Parties' Stipulation Regarding Deadline to File Amended Complaint and Respond to Amended Complaint, and good cause appearing therefore, IT IS HEREBY ORDERED that: 1. The deadline for Defendant to respond to the original Complaint shall be vacated. 2. Plaintiff shall file a First Amended Complaint on or before May 4, 2018. 3. The time for Defendant to respond to the First Amended Complaint shall be extended up to and including 21 days after Plaintiff files the First Amended Complaint. (bm) [Transferred from cacd on 7/13/2018.]
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| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Extension of Time to File #17 , First Amended Complaint #18 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. [Proposed] Order should have been submitted as a separate, additional attachment to the Stipulation for the court's approval. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the seperate, additional attachment of the proposed order. Filing of First Amended Complaint #18 , requires the court's approval before filing In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) [Transferred from cacd on 7/13/2018.] |
| Filing 18 STRICKEN PURSUANT TO COURT ORDER DATED 4/26/18, DOCUMENT #21 . Complaint AMENDED COMPLAINT against Defendant WAL-MART TRANSPORTATION, LLC., et al. Wal Mart Transportation, LLC amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Leonard Luna (Attachments: #1 Exhibit to Complaint)(Desai, Aashish) Modified on 4/27/2018 (bm). [Transferred from cacd on 7/13/2018.] |
| Filing 17 STIPULATION for Extension of Time to File file and respond to First Amended Complaint filed by Defendant Wal Mart Transportation, LLC. (Attachments: #1 Declaration of Robert J. Herrington in Support of Stipulation Regarding Deadline to File and Respond to First Amended Complaint, #2 Proposed Order Granting Stipulation Regarding Deadline to File and Respond to First Amended Complaint)(Herrington, Robert) [Transferred from cacd on 7/13/2018.] |
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Filing 16
ORDER GRANTING STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT by Judge Philip S. Gutierrez #13 . The time for Defendant to respond to the Complaint shall be extended up to and including April 26, 2018. IT IS SO ORDERED. (yl) [Transferred from cacd on 7/13/2018.]
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Filing 15
ORDER GRANTING STIPULATION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT granting Stipulation to Extend Time to Answer #12 by Judge Philip S. Gutierrez: Having considered the Parties' Stipulation to Extend Time Deadline to Respond to Complaint, and good cause appearing therefore, IT IS HEREBY ORDERED that: The time for Defendant to respond to the Complaint shall be extended up to and including April 26, 2018. (bm) [Transferred from cacd on 7/13/2018.]
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| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Extend Time to Answer (More than 30 days) #12 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): Case number incorrect on order.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ab) [Transferred from cacd on 7/13/2018.] |
| Filing 13 DECLARATION of Robert J. Herrington re Stipulation to Extend Time to Answer (More than 30 days) #12 filed by Defendant Wal Mart Transportation, LLC. (Attachments: #1 Proposed Order)(Herrington, Robert) [Transferred from cacd on 7/13/2018.] |
| Filing 12 STIPULATION for Extension of Time to File Answer to 4/26/2018 re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Wal Mart Transportation, LLC. (Attachments: #1 Proposed Order)(Herrington, Robert) [Transferred from cacd on 7/13/2018.] |
| Filing 11 Joint STIPULATION Extending Time to Answer the complaint as to Wal Mart Transportation, LLC answer now due 4/12/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Wal Mart Transportation, LLC. (Attachments: #1 Declaration of Robert J. Herrington ISO Stipulation for Extension of Time to Respond)(Attorney Robert J Herrington added to party Wal Mart Transportation, LLC(pty:dft))(Herrington, Robert) [Transferred from cacd on 7/13/2018.] |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Leonard Luna, upon Defendant Wal Mart Transportation, LLC served on 2/16/2018, answer due 3/9/2018. Service of the Summons and Complaint were executed upon Daisy Montenegro, Process Specialist, CT Corporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Desai, Aashish) [Transferred from cacd on 7/13/2018.] |
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Filing 9
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji) [Transferred from cacd on 7/13/2018.]
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Filing 8
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Christina A. Snyder to Judge Philip S. Gutierrez for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:18-cv-00331 PSG(KKx). (rn) [Transferred from cacd on 7/13/2018.]
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Wal Mart Transportation, LLC. (jtil) [Transferred from cacd on 7/13/2018.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from cacd on 7/13/2018.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Kenly Kiya Kato. (jtil) [Transferred from cacd on 7/13/2018.] |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 filed by plaintiff Leonard Luna. (Desai, Aashish) [Transferred from cacd on 7/13/2018.] |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Leonard Luna, identifying Leonard Luna. (Desai, Aashish) [Transferred from cacd on 7/13/2018.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Leonard Luna. (Desai, Aashish) [Transferred from cacd on 7/13/2018.] |
| Filing 1 COMPLAINT Receipt No: 0973-21260720 - Fee: $400, filed by plaintiff Leonard Luna. (Attorney Aashish Y Desai added to party Leonard Luna(pty:pla))(Desai, Aashish) [Transferred from cacd on 7/13/2018.] |
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