Fred J Peters v. Equifax Information Services LLC et al
| Fred J Peters |
| Equifax Information Services LLC, Experian Information Solutions Inc, Discover Bank, SST CIGPF1CORP and Does 1-10, Inclusive |
| Leonard Gumport |
| 5:2012cv01837 |
| October 23, 2012 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Oswald Parada |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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Filing 136
ORDER DISMISSING CASE WITH PREJUDICE OF DEFENDANT DISCOVERY BANK AND THE ENTIRE CASE by Judge Terry J. Hatter, Jr, re Stipulation to Dismiss Case #135 . IT IS ORDERED that the claims and causes of action asserted herein by Plaintiff Fred J. Peters against Defendant Discover Bank are dismissed with prejudice. Furthermore, since there are no remaining defendants, the entire case is dismissed with prejudice. Case Terminated. Made JS-6. (shb)
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| Filing 135 STIPULATION to Dismiss Case pursuant to Settlement filed by Plaintiff Fred J Peters. (Attachments: #1 Proposed Order)(Brennan, Robert) |
| Filing 134 NOTICE of Settlement BETWEEN PLAINTIFF FRED J. PETERS AND DEFENDANT DISCOVER BANK filed by plaintiff Fred J Peters. (Brennan, Robert) |
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Filing 133
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that the above matter is set on the Court's calendar for Status Conference on January 23, 2017. The Court is notified that this hearing is no longer needed. Therefore, the Status Conference is now off calendar and no one is to appear on January 23, 2017. (shb)
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| Filing 132 MEDIATION REPORT Filed by Mediator (ADR Panel) Leonard L Gumport: Mediation held on January 12, 2017 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judges deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case.(Gumport, Leonard) |
| Filing 131 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Leonard L Gumport has been assigned to serve as Panel Mediator. (mb) |
| Filing 130 NOTICE OF MEDIATION DATE filed. Mediation set for January 12, 2017 at 11:00 a.m. at the offices of Gumport | Mastan, 550 S. Hope Street, Suite 1765, Los Angeles, CA 90071-2627.(Gumport, Leonard) |
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Filing 129
ORDER/REFERRAL to ADR Procedure No 2 by Judge Terry J. Hatter, Jr. Case ordered to Court Mediation Panel for mediation. (shb)
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| Filing 128 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Leonard L. Gumport may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 1/12/2017 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Defendant Discover Bank(Toffer, Jared) |
| Filing 127 REQUEST for ADR Procedure No. 2 filed. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Defendant Discover Bank(Toffer, Jared) |
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Filing 126
ORDER by Judge Terry J. Hatter, Jr, re Stipulation to Continue Motion for Summary Judgment #125 : Based on the Joint Stipulation to Continue Summary Judgment Hearing Date by Plaintiff Fred J. Peters and Defendant Discover Bank, and for good cause shown, the Summary Judgment Hearing Date is hereby continued to March 13, 2017 at 10:00 a.m. (Under submission no one is to appear). (shb)
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| Filing 125 STIPULATION to Continue Motion for Summary Judgment Hearing from January 23, 2017 to March 13, 2017 filed by Defendant Discover Bank. (Attachments: #1 Proposed Order)(Toffer, Jared) |
| Filing 124 MINUTES OF STATUS CONFERENCE- RE MANDATE from 9th COA, APPEAL NO. 1455485,AFFIRMED IN PART, REMANDED IN PART #111 : Status Conference held before Judge Terry J. Hatter, Jr: The Court and counsel confer re the status of thecase. The Court is informed that the defendant intends to proceed as a summary judgment. Following discussions with the parties, the Court will set a Further Status Conference for JANUARY 23, 2017 AT 10:00 A.M. to allow Defendant to file his intended motion. Court Reporter: Pat Cuneo. (shb) |
| Filing 123 SCHEDULING NOTICE (IN CHAMBERS) by Judge Terry J. Hatter, Jr. Counsel are hereby notified that, on the Court's own motion, the Final Pretrial Conference set for Monday, 10/3/2016, at 10:00 am, it CONTINUED to Thursday, 10/6/2016, at 10:00 AM before Judge Terry J. Hatter Jr. Counsel shall appear on this new date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) |
| Filing 122 Notice of Withdrawal of Amendment (Motion related) #70 filed by Plaintiff Fred J Peters. (Brennan, Robert) |
| Filing 121 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Fred J Peters. (Brennan, Robert) |
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Filing 120
ORDER by Judge Terry J. Hatter, Jr, re Stipulation to Continue Final Pre-Trial Conference #119 . Based on the Joint Stipulation to Continue Final Pretrial Conference by Plaintiff Fred J. Peters and Defendant Discover Bank, and for good cause shown, the Final Pretrial Conference is continued to October 3, 2016 at 10:00 a.m. (shb)
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| Filing 119 Joint STIPULATION to Continue FINAL PRETRIAL CONFERENCE from August 29, 2016 to on or after September 12, 2016 filed by defendant Discover Bank. (Attachments: #1 Proposed Order)(Toffer, Jared) |
| Filing 118 MEMORANDUM of CONTENTIONS of FACT and LAW filed by defendant Discover Bank. (Toffer, Jared) |
| Filing 117 Witness List filed by defendant Discover Bank.. (Toffer, Jared) |
| Filing 116 AMENDED JOINT Exhibit List filed by plaintiff Fred J Peters.. (Brennan, Robert) |
| Filing 115 MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Fred J Peters. (Brennan, Robert) |
| Filing 114 Witness List filed by plaintiff Fred J Peters.. (Brennan, Robert) |
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Filing 113
Order Setting Final Pre-trial Conference and Referring Discovery by Judge Terry J. Hatter, Jr. It is Ordered that all discovery matters which become at issue are referred to Magistrate Judge Oswald Parada for his consideration. Please contact the courtroom deputy clerk to the Magistrate Judge regarding these matters. It is Ordered, pursuant to Rule 16 of the Federal Rules of Civil Procedures and Local Rule 16, that the Final Pre-Trial Conference is placed on the Court's calendar for August 29, 2016 at 10:00 a.m. (See attached document for other requirements.) (lom)
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Filing 112
MINUTE ORDER IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr. The Court is in receipt of the Mandate from the 9th Circuit Court of Appeals, Appeal No. 14-55485, affirming in part and reversing in part, filed on May 16, 2016 #111 . Counsel are hereby notified that the above matter is set on the Court's calendar for Final Pretrial Conference hearing for August 29, 2016 at 10:00 a.m. All counsel for the parties are ordered to appear at this date and time. Counsel are reminded that all pretrial documents are due no later than 21 days before the final pretrial conference hearing date. IT IS SO ORDERED. (Case reopened. MD JS-5.) (lom)
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| Filing 111 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #100 CCA # 14-55485. The judgment of the 9th Circuit Court, entered April 21, 2016, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #110 AFFIRMED IN PART AND REVERSED IN PART. Each party shall bearits own costs.] (mat) |
| Filing 110 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #100 filed by Fred J Peters. CCA # 14-55485. The decision of the District Court is AFFIRMED IN PART AND REVERSED IN PART. Each party shall bear its own costs. (mat) |
| Filing 109 JUDGMENT by Judge Terry J. Hatter, Jr.: It is Ordered, Adjudged, and Decreed that judgment be, and hereby is, Entered in favor of Defendant Discover Bank and against Plaintiff Fred J. Peters. It is further Ordered, Adjudged, and Decreed that Plaintiff Peters shall take nothing from Defendant. It if further Ordered that Plaintiff Peters shall pay Defendant Discover Bank's costs as taxed by the Clerk of Court. (gk) |
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Filing 108
ORDER by Judge Terry J. Hatter, Jr.: It is Ordered that the motion for attorney's fees #97 , be, and hereby is, Denied. (gk)
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| Filing 107 NOTICE of Change of Attorney Business or Contact Information: for attorney Lori G Ginex counsel for Defendant Discover Bank. Changing firm name to Finlayson Toffer Roosevelt & Lilly LLP. Changing e-mail to lginex-orinion@ftrlfirm.com. Filed by Defendant Lori G. Ginex. (Ginex, Lori) |
| Filing 106 NOTICE of Change of Attorney Business or Contact Information: for attorney Jared M Toffer counsel for Defendant Discover Bank. Changing firm name to Finlayson Toffer Roosevelt & Lilly LLP. Changing e-email to jtoffer@ftrlfirm.com. Filed by defendant Discover Bank. (Toffer, Jared) |
| Filing 105 NOTICE OF LODGING filed of Proposed Judgment in Favor of Defendant Discover Bank and Against Plaintiff Fred J. Peters re MOTION for Summary Judgment as to all causes of action #45 (Attachments: #1 Exhibit A)(Toffer, Jared) |
| Filing 104 BILL OF COSTS. Costs Taxed in amount of $ 11,104.95 in favor of Discover Bank and against Plaintiff, Fred J. Peters. RE: #99 (mb) |
| Filing 103 REPLY in support of MOTION for Attorney Fees Against Plaintiff's Counsel Robert Brennan and His Firm, Law Offices of Robert F. Brennan, APC, Pursuant to 28 U.S.C. Section 1927 #97 filed by Defendant Discover Bank. (Toffer, Jared) |
| Filing 101 MEMORANDUM in Opposition to MOTION for Attorney Fees Against Plaintiff's Counsel Robert Brennan and His Firm, Law Offices of Robert F. Brennan, APC, Pursuant to 28 U.S.C. Section 1927 #97 filed by Plaintiff Fred J Peters. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Proof Of Service)(Brennan, Robert) |
| Filing 102 NOTIFICATION by Circuit Court of Appellate Docket Number 14-55485, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #100 as to Plaintiff Fred J Peters. (car) |
| Filing 100 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Fred J Peters. Appeal of Order on Motion for Summary Judgment,, #96 (Appeal fee of $505 receipt number 0973-13570346 paid.) (Attachments: #1 Exhibit)(Brennan, Robert) |
| Filing 99 APPLICATION to the Clerk to Tax Costs against Plaintiff Fred J Peters filed by Defendant Discover Bank. Application set for hearing on 4/10/2014 at 11:00 AM before Clerk of Court. (Ginex, Lori) |
| Filing 98 DECLARATION of Jared M. Toffer in support of MOTION for Attorney Fees Against Plaintiff's Counsel Robert Brennan and His Firm, Law Offices of Robert F. Brennan, APC, Pursuant to 28 U.S.C. Section 1927 #97 filed by Defendant Discover Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Toffer, Jared) |
| Filing 97 NOTICE OF MOTION AND MOTION for Attorney Fees Against Plaintiff's Counsel Robert Brennan and His Firm, Law Offices of Robert F. Brennan, APC, Pursuant to 28 U.S.C. Section 1927 filed by Defendant Discover Bank. Motion set for hearing on 4/21/2014 at 10:00 AM before Judge Terry J. Hatter Jr. (Toffer, Jared) |
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Filing 96
ORDER by Judge Terry J. Hatter, Jr: It is Ordered that Defendant Discover Bank's motion for summary judgment for all claims #45 , be, and hereby is, Granted. It is further Ordered that Defendant's motion to strike Plaintiff's evidence offered in support of Plaintiffs opposition to the motion for summary judgment, be, and hereby is, Denied. It is further Ordered that Plaintiff's motion to strike Defendant's declaration offered in support of the motion for summary judgment, be, and hereby is, Denied. ( MD JS-6. Case Terminated. ) (gk)
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Filing 95
MINUTE ORDER (IN CHAMBERS)NOTICE TO ALL PARTIES OF COURT ORDER by Judge Terry J. Hatter, Jr. On the Courts own motion, the Final Pretrial Conference, currently scheduled for February 10, 2014, is hereby ordered continued to March 10, 2014 at 10:00 a.m. Counsel for the parties are ordered to appear. (ys)
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Filing 94
MINUTES (IN CHAMBERS) ORDER by Magistrate Judge Oswald Parada Re #43 Motion to Compel Production of Settlement Agreement: (see document image for further details). Based on the foregoing, the Court DENIES Defendant Discovers Motion to Compel. (ECF No. 43.) IT IS SO ORDERED. (ad)
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Filing 93
MINUTE ORDER IN CHAMBERS RE: ORDER RE: MOTION TO COMPEL PRODUCTION OF SETTLEMENT AGREEMENTS (ECF No. #43 )by Magistrate Judge Oswald Parada. On November 7, 2013, the Court denied the Motion to Compel without prejudice as untimely. (ECF No. 61.) On November 21, 2013, District Judge Hatter granted Defendants Ex Parte Application to have the Motion to Compel heard beyond the discovery cut-off date. (ECF Nos. 71, 85.) Accordingly, the Motion to Compel is hereby calendared before this Court on Friday, December 20, 2013, at 11:00 a.m. If, however, the Court finds this matter suitable for decision without oral argument pursuant to Fed. R. Civ. P. 78(b) and Local Rule 7-15, the hearing date will be vacated. (dc)
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Filing 92
MINUTES OF IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Terry J. Hatter, Jr.: On the Court's own motion, the Pretrial Conference is hereby ordered continued to 2/10/2014 10:00 AM before Judge Terry J. Hatter, Jr. Parties are ordered to appear. Counsel are reminded to file all pretrial documents at least 21 days before this hearing. Court Reporter: Not Reported. (gk)
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| Filing 91 AMENDED DOCUMENT filed by Plaintiff Fred J Peters. Amendment to Exhibit List #78 Joint Amended Exhibit List for Trial (Brennan, Robert) |
| Filing 90 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Fred J Peters. (Attachments: #1 Exhibit Pre Trial Conference Order)(Brennan, Robert) |
| Filing 89 Witness List filed by Plaintiff Fred J Peters.. (Brennan, Robert) |
| Filing 88 REPLY in support of MOTION IN LIMINE to Exclude Testimony of Plaintiff's Expert Witness Thomas Tarter #62 filed by Defendant Discover Bank. (Toffer, Jared) |
| Filing 87 [DOCUMENT WITHDRAWN PURSUANT TO NOTICE OF WITHDRAWAL E-FILED 9/8/2016] - REPLY TO DEFENDANT DISCOVER BANK'S OPPOSITION TO AMENDED MOTION IN LIMINE TO PRECLUDE TESTIMONY OF MARIA MICIONI filed by Plaintiff Fred J Peters. (Brennan, Robert) Modified on 9/9/2016 (shb). |
| Filing 86 NOTICE OF MOTION AND Amended MOTION IN LIMINE to Preclude Testimony of Maria Micioni filed by Plaintiff Fred J Peters. Motion set for hearing on 12/9/2014 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Exhibit 1)(Brennan, Robert) |
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Filing 85
ORDER GRANTING DEFENDANT DISCOVER BANK'S EX PARTE APPLICATION FOR PERMISSION TO ALLOW DISCOVERY MOTION TO BE HEARD AFTER THE DISCOVERY CUTOFF DATE by Judge Terry J. Hatter, Jr.: IT IS HEREBY ORDERED that Defendant Discover Bank's Ex Parte Application for Permission to Allow Discovery Motion to be Heard After the Discovery Cutoff #71 is granted. Defendant Discover Bank's Motion To Compel Plaintiff To Produce Settlement Agreements Entered Into With Co-Defendants #43 may be considered on the merits by Magistrate Judge Oswald Parada after the discovery cutoff set in this action. (gk)
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| Filing 84 Witness List filed by Defendant Discover Bank.. (Toffer, Jared) |
| Filing 83 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Discover Bank. (Toffer, Jared) |
| Filing 82 DECLARATION of Jared M. Toffer in Opposition to MOTION IN LIMINE #2 to Preclude Testimony of Maria Micione #69 filed by Defendant Discover Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Toffer, Jared) |
| Filing 81 [DOCUMENT WITHDRAWN PURSUANT TO NOTICE OF WITHDRAWAL E-FILED 9/8/2016] - MEMORANDUM in Opposition to MOTION IN LIMINE #2 to Preclude Testimony of Maria Micione #69 filed by Defendant Discover Bank. (Toffer, Jared) Modified on 9/9/2016 (shb). |
| Filing 80 MEMORANDUM in Opposition to MOTION IN LIMINE to Exclude Testimony of Plaintiff's Expert Witness Thomas Tarter #62 filed by Plaintiff Fred J Peters. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Brennan, Robert) |
| Filing 79 OF SERVICE filed by Plaintiff Fred J Peters, re Exhibit List #78 , Memorandum of Contentions of Fact and Law #76 , Witness List #77 served on 11/18/13. (Brennan, Robert) |
| Filing 78 JOINT Exhibit List FOR TRIAL filed by Plaintiff Fred J Peters.. (Brennan, Robert) |
| Filing 77 Witness List filed by Plaintiff Fred J Peters.. (Brennan, Robert) |
| Filing 76 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Fred J Peters. (Brennan, Robert) |
| Filing 75 Witness List filed by Plaintiff Fred J Peters.. (Brennan, Robert) |
| Filing 74 JOINT Exhibit List FOR TRIAL filed by Plaintiff Fred J Peters.. (Brennan, Robert) |
| Filing 73 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Fred J Peters. (Brennan, Robert) |
| Filing 72 Opposition in opposition to re: EX PARTE APPLICATION for Order for Permission to Allow Discovery Motion to be Heard After the Discovery Cutoff Date #71 filed by Plaintiff Fred J Peters. (Brennan, Robert) |
| Filing 71 EX PARTE APPLICATION for Order for Permission to Allow Discovery Motion to be Heard After the Discovery Cutoff Date filed by Defendant Discover Bank. (Attachments: #1 Declaration of Matthew E. Lilly, #2 Proposed Order)(Attorney Matthew E Lilly added to party Discover Bank(pty:dft))(Lilly, Matthew) |
| Filing 70 [MOTION WITHDRAWN PURSUANT TO NOTICE OF WITHDRAWAL E-FILED 9/8/2016] - Amendment to MOTION IN LIMINE #2 to Preclude Testimony of Maria Micione #69 filed by Plaintiff Fred J Peters. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brennan, Robert) Modified on 9/9/2016 (shb). |
| Filing 69 NOTICE OF MOTION AND MOTION IN LIMINE #2 to Preclude Testimony of Maria Micione filed by Plaintiff Fred J Peters. Motion set for hearing on 12/9/2013 at 10:00 AM before Judge Terry J. Hatter Jr.(Brennan, Robert) |
| Filing 68 REPLY filed by Defendant Discover Bank to Statement (Motion related) #51 (Toffer, Jared) |
| Filing 67 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Reference to Attorney's Fees filed by Plaintiff Fred J Peters. Motion set for hearing on 12/9/2013 at 10:00 AM before Judge Terry J. Hatter Jr.(Brennan, Robert) |
| Filing 66 OBJECTIONS to Declaration (Motion related) #54 , Declaration (Motion related), #53 , Declaration (Motion related) #56 , Declaration (Motion related) #55 , Declaration (Motion related), #57 Defendant Discover Bank's Evidentiary Objections to and Motion to Strike Plaintiff's Purported Evidence Offered in Support of his Opposition to Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment Against Plaintiff Fred J. Peters Pursuant to Federal Rule of Civil Procedure 56 filed by Defendant Discover Bank. (Toffer, Jared) |
| Filing 65 REPLY filed by Defendant Discover Bank to Objection/Opposition (Motion related) #52 (Toffer, Jared) |
| Filing 64 REPLY in Support of MOTION for Summary Judgment as to all causes of action #45 filed by Defendant Discover Bank. (Toffer, Jared) |
| Filing 63 DECLARATION of Jared M. Toffer in Support of MOTION IN LIMINE to Exclude Testimony of Plaintiff's Expert Witness Thomas Tarter #62 filed by Defendant Discover Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Toffer, Jared) |
| Filing 62 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Testimony of Plaintiff's Expert Witness Thomas Tarter filed by Defendant Discover Bank. Motion set for hearing on 12/9/2013 at 10:00 AM before Judge Terry J. Hatter Jr.(Toffer, Jared) |
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Filing 61
MINUTES (IN CHAMBERS):ORDER RE: MOTION TO COMPEL PRODUCTION OF SETTLEMENT AGREEMENTS (ECF No. #43 )by Magistrate Judge Oswald Parada: The Court notes that the discovery cut-off in this matter was August 30, 2013. (ECF No. 30.) As a result, the Motion to Compel is untimely and is denied without prejudice. The Court will nevertheless consider the merits of the Motion to Compel provided Defendant Discover Bank obtains permission from District Judge Hatter to have the Motion heard beyond the discovery cut-off date. If such permission is obtained, the Motion to Compel may be calendared for November 20, 2013, at 9:30 a.m. before this Court. (dc)
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| Filing 60 Notice of Unavailability filed by Plaintiff Fred J Peters (Brennan, Robert) |
| Filing 59 DECLARATION of ROBERT F BRENNAN re Declaration (Motion related), #44 , MOTION to Compel Plaintiff to Produce Settlement Agreements Entered Into with Co-Defendants #43 Request for Telephonic Appearance filed by Plaintiff Fred J Peters. (Brennan, Robert) |
| Filing 58 PROOF OF SERVICE filed by Plaintiff Fred J Peters, re Declaration (Motion related) #54 , MEMORANDUM in Opposition to Motion #50 , Statement (Motion related) #51 , Declaration (Motion related), #53 , Declaration (Motion related) #56 , Declaration (Motion related) #55 , Objection/Opposition (Motion related) #52 , Declaration (Motion related), #57 served on November 4, 2013. (Brennan, Robert) |
| Filing 57 DECLARATION of ROBERT F BRENNAN IN OPPOSITION MOTION for Summary Judgment as to all causes of action #45 filed by Plaintiff Fred J Peters. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Brennan, Robert) |
| Filing 56 DECLARATION of FRED PETERS IN OPPOSITION MOTION for Summary Judgment as to all causes of action #45 filed by Plaintiff Fred J Peters. (Brennan, Robert) |
| Filing 55 DECLARATION of ROBERT F BICHLER IN OPPOSITION MOTION for Summary Judgment as to all causes of action #45 filed by Plaintiff Fred J Peters. (Attachments: #1 Exhibit, #2 Exhibit)(Brennan, Robert) |
| Filing 54 DECLARATION of THOMAS A TARTER IN OPPOSITION MOTION for Summary Judgment as to all causes of action #45 filed by Plaintiff Fred J Peters. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Brennan, Robert) |
| Filing 53 DECLARATION of MARY PETERS OPPOSITION MOTION for Summary Judgment as to all causes of action #45 filed by Plaintiff Fred J Peters. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Brennan, Robert) |
| Filing 52 OBJECTION TO ENTIRE DECLARATIN OF MARIA MICIONE re: MOTION for Summary Judgment as to all causes of action #45 filed by Plaintiff Fred J Peters. (Attachments: #1 Exhibit)(Brennan, Robert) |
| Filing 51 STATEMENT of OF GENUINE DISPUTES IN OPPOSITION MOTION for Summary Judgment as to all causes of action #45 filed by Plaintiff Fred J Peters. (Brennan, Robert) |
| Filing 50 MEMORANDUM in Opposition to MOTION for Summary Judgment as to all causes of action #45 filed by Plaintiff Fred J Peters. (Brennan, Robert) |
| Filing 49 MEMORANDUM in Support of MOTION to Compel Plaintiff to Produce Settlement Agreements Entered Into with Co-Defendants #43 filed by Defendant Discover Bank. (Toffer, Jared) |
| Filing 48 PROOF OF SERVICE filed by Defendant Discover Bank, re Declaration (Motion related), #47 , MOTION for Summary Judgment as to all causes of action #45 , Declaration (Motion related), #46 served on 10/22/13. (Toffer, Jared) |
| Filing 47 DECLARATION of Jared M. Toffer in support of MOTION for Summary Judgment as to all causes of action #45 filed by Defendant Discover Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Toffer, Jared) |
| Filing 46 DECLARATION of Maria Micioni in support of MOTION for Summary Judgment as to all causes of action #45 filed by Defendant Discover Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Toffer, Jared) |
| Filing 45 NOTICE OF MOTION AND MOTION for Summary Judgment as to all causes of action filed by Defendant Discover Bank. Motion set for hearing on 11/25/2013 at 01:30 PM before Judge Terry J. Hatter Jr. (Attachments: #1 Proposed Statement of Uncontroverted Facts and Conclusions of Law, #2 Proposed Order, #3 Proposed Judgment)(Toffer, Jared) |
| Filing 44 DECLARATION of Jared M. Toffer in Support of MOTION to Compel Plaintiff to Produce Settlement Agreements Entered Into with Co-Defendants #43 filed by Defendant Discover Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Toffer, Jared) |
| Filing 43 NOTICE OF MOTION AND MOTION to Compel Plaintiff to Produce Settlement Agreements Entered Into with Co-Defendants filed by Defendant Discover Bank. Motion set for hearing on 11/13/2013 at 09:30 AM before Magistrate Judge Oswald Parada. (Toffer, Jared) Modified on 12/13/2013 (ad). |
| Filing 42 MINUTES OF SETTLEMENT CONFERENCE held before Magistrate Judge Oswald Parada: A settlement conference was referred to this Court. #24 Counsel for both sides were present with their respective clients. The Court met and conferred with counsel and their clients for approximately two hours. The parties did not reach a settlement. This case will proceed before the assigned District Judge. IT IS SO ORDERED.Court Recorder: CS/RS-3 10-17-13. (ad) |
| Filing 41 Joint STIPULATION for Order to Set Deadline to File Motions in Limine filed by Defendant Discover Bank. (Attachments: #1 Proposed Order)(Toffer, Jared) |
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Filing 40
ORDER OF DISMISSAL WITH PREJUDICE OF DEFENDANTS EQUIFAX INFORMATION SERVICES LLC AND EXPERIAN INFORMATION SOLUTIONS INC, ONLY by Judge Terry J. Hatter, Jr.: Upon Stipulation #39 , IT IS ORDERED that the claims and causes of action asserted herein by Plaintiff Fred J. Peters against Defendants Equifax Information Services LLC and Experian Information Solutions Inc., Only, are in all respects dismissed with prejudice to the re-filing of same, with Court costs to be paid by the party incurring same. (gk)
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| Filing 39 STIPULATION to Dismiss Defendants Equifax Information Services LLC, Experian Information Solutions Inc filed by Plaintiff Fred J Peters. (Attachments: #1 Proposed Order)(Brennan, Robert) |
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Filing 38
ORDER RE: SETTLEMENT CONFERENCE by Magistrate Judge Oswald Parada: Settlement Conference set for 10/17/2013 10:00 a.m. (dc)
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Filing 37
ORDER OF DISMISSAL WITH PREJUDICE OF DEFENDANT SST, ONLY by Judge Terry J. Hatter, Jr.: Upon Stipulation #36 , IT IS ORDERED that the claims and causes of action asserted herein by Plaintiff Fred J. Peters against Defendant Systems & Services Technologies, Inc., incorrectly named as "SST/CIGPF1CORP", Only, are in all respect dismissed with prejudice to the refilling of same, with Court costs to be paid by the party incurring same. (gk)
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| Filing 36 STIPULATION to Dismiss Defendant SST CIGPF1CORP filed by Plaintiff Fred J Peters. (Attachments: #1 Proposed Order)(Brennan, Robert) |
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Filing 35
ORDER APPROVING STIPULATION FOR FILING OF AMENDED ANSWER BY DEFENDANT DISCOVER BANK by Judge Terry J. Hatter, Jr, re Stipulation to Amend/Correct #33 . IT IS HEREBY ORDERED that the Stipulation for Filing of Amended Answer by Defendant Discover Bank is hereby Approved. Pursuant to Central District Local Civil Rule 15-3, Defendant Discovery Bank's First Amended Answer to Plaintiff's Complaint is deemed served upon the parties who have previously appeared as the date of this Order. (bp)
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| Filing 34 AMENDED ANSWER to Complaint - (Discovery), #1 filed by Defendant Discover Bank. (Toffer, Jared) |
| Filing 33 STIPULATION to AMEND Answer to Complaint (Discovery) #11 filed by Defendant Discover Bank. (Attachments: #1 Exhibit A, #2 Proposed Order)(Toffer, Jared) |
| Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Leave of James K. Schultz to Appear for Pro Hac Vice #27 . The following error(s) was found: Incorrect event selected.Other error(s) with document(s) are specified below. The correct event is: Application/Appear Pro Hac Vice. Other error(s) with document(s): Applicant did not supply Good Standing Certificates for each state that the attorney is admitted. See LR 83-2.1.3.3 (Nevada and Pennsylvania). In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lt) |
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Filing 31
ORDER by Judge Terry J. Hatter, Jr: granting #27 Request for Leave to Appear of James K. Schultz as Pro Hac Vice for Defendant SST CIGPF1CORP (lt)
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Filing 30
ORDER GRANTING JOINT MOTION #29 to modify the Scheduling Order by Judge Terry J. Hatter, Jr. IT IS SO ORDERED modified as follows: Fact discovery completion: 8/30/2013; Expert deposition completion: 9/27/2013; Motions filing deadline: 10/22/2013; Final Pretrial Conference 12/9/2013 at 10:00 A.M. (ys)
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| Filing 29 NOTICE OF MOTION AND Joint MOTION to Continue Scheduling Order Re: Order on Motion to Continue, #18 filed by Defendant SST CIGPF1CORP. (Attachments: #1 Proposed Order)(Limberg, Albert) |
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Filing 28
ORDER by Judge Terry J. Hatter, Jr: granting #25 Application to Appear Pro Hac Vice by Attorney J. Anthony Love on behalf of Defendant Equifax Information Services, LLC, designating Thomas P. Quinn as local counsel. (lt)
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| Filing 27 REQUEST for Leave of James K. Schultz to Appear for Pro Hac Vice filed by Defendant SST CIGPF1CORP. (Attachments: #1 Proposed Order to appear pro hac vice)(Kaminski, David) |
| Filing 26 NOTICE of Appearance filed by attorney David J Kaminski on behalf of Defendant SST CIGPF1CORP (Kaminski, David) |
| Filing 25 APPLICATION for attorney Anthony J. Love to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Equifax Information Services LLC. (Attachments: #1 Proposed Order)(Quinn, Thomas) |
| Filing 24 NOTICE OF REFERRAL OF MATTER to the Magistrate Judge. Pursuant to the Judge's directive, the matter of ADR Procedure Selection No. 1 (ADR-1) #21 is referred to Magistrate Judge Oswald Parada for ruling/processing. (gk) |
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Filing 23
ORDER GRANTING JOINT MOTION TO CONTINUE EXPERT WITNESS DISCLOSURE AND EXPERT WITNESS REBUTTAL DEADLINES by Judge Terry J. Hatter, Jr.: IT IS HEREBY ORDERED that the Joint Motion #22 is GRANTED. Expert Disclosures due 5/31/2013. Rebuttal Expert Disclosures 6/14/2013. Expert Deposition Completion 7/28/2013. (gk)
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| Filing 22 NOTICE OF MOTION AND Joint MOTION to Continue Continue Expert Witness Disclosure and Expert Witness Rebuttal Deadlines filed by defendant Experian Information Solutions Inc. (Attachments: #1 Proposed Order)(Klimkowski, Katherine) |
| Filing 21 REQUEST for ADR Procedure No. 1 filed. Parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Defendant Experian Information Solutions Inc.(Klimkowski, Katherine) |
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Filing 20
ORDER GRANTING STIPULATED PROTECTIVE ORDER by Judge Terry J. Hatter, Jr.: IT IS HEREBY ORDERED that the Stipulated Protective Order #19 is GRANTED. (gk)
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| Filing 19 STIPULATION for Protective Order filed by Defendant Experian Information Solutions Inc.(Klimkowski, Katherine) |
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Filing 18
ORDER by Judge Terry J. Hatter, Jr: granting #17 Joint Motion to Continue Pre-Trial Conference. The Pre-Trial Conference is continued to September 23, 2013 at 10:00 a.m., and the Court sets the following dates: Fact discovery completion: June 28, 2013; Motions filing deadline: July 29, 2013; Expert disclosures: May 10, 2013; Rebuttal expert disclosures: May 24, 2013; and Expert deposition completion: June 28, 2013. (lom)
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| Filing 17 NOTICE OF MOTION AND Joint MOTION to Continue Pre-Trial Conference from April 1, 2013 to Until or After September 23, 2013 filed by Defendant SST CIGPF1CORP. (Attachments: #1 Proposed Order)(Limberg, Albert) |
| Filing 16 Certification and NOTICE of Interested Parties filed by Defendant SST CIGPF1CORP, identifying Expert Global Solutions, Inc.. (Limberg, Albert) |
| Filing 15 ANSWER filed by Defendant SST CIGPF1CORP.(Limberg, Albert) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Fred J Peters, upon Defendant SST CIGPF1CORP served on 1/11/2013, answer due 2/1/2013. Service of the Summons and Complaint were executed upon Sandy Martin - Quality Control in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Brennan, Robert) |
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Filing 13
ORDER SETTING FINAL PRETRIAL CONFERENCE by Judge Terry J. Hatter, Jr, set for 4/1/2013 AT 10:00 A.M. (ys)
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| Filing 12 Certification and Notice of Interested Parties filed by Defendant Discover Bank, identifying Discover Financial Services, Parent of Discover Bank. (Toffer, Jared) |
| Filing 11 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant Discover Bank.(Toffer, Jared) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT filed by Defendant Equifax Information Services LLC (Quinn, Thomas) |
| Filing 9 ANSWER filed by Defendant Equifax Information Services LLC.(Quinn, Thomas) |
| Filing 8 EXPERIAN INFORMATION SOLUTIONS, INC.'S CERTIFICATE of Interested Parties filed by Defendant Experian Information Solutions Inc, identifying Experian plc; First American Real Estate Solutions, LLC; First American Real Estate Solutions II, LLC; Vehicle Title, LLC; Central Source LLC; Online Data Exchange LLC; New Management Services LLC; VantageScore Solutions LLC; Opt-Out Services LLC. (Klimkowski, Katherine) |
| Filing 7 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant Experian Information Solutions Inc.(Klimkowski, Katherine) |
| Filing 6 MINUTES (IN CHAMBERS) - NEW CASE BEFORE JUDGE HATTER by Judge Terry J. Hatter, Jr.: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judge's initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Additional information about Judge Hatter's procedures and schedules can be found on the court's website at www.cacd.uscourts.gov. Court Reporter: Not Reported. Court Reporter: Not Reported. (gk) |
| Filing 5 PROOF OF SERVICE Executed by Plaintiff Fred J Peters, upon Defendant Equifax Information Services LLC served on 10/26/2012, answer due 11/16/2012. Service of the Summons and Complaint were executed upon April Guss - Agent for Service in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Brennan, Robert) |
| Filing 4 PROOF OF SERVICE Executed by Plaintiff Fred J Peters, upon Defendant Experian Information Solutions Inc served on 10/25/2012, answer due 11/15/2012. Service of the Summons and Complaint were executed upon Margaret Wilson - Agent for Service in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Brennan, Robert) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(ghap) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Fred J Peters. (ghap) (cys). |
| Filing 1 COMPLAINT against Defendants Discover Bank, Does 1-10,Inclusive, Equifax Information Services LLC, Experian Information Solutions Inc, SST CIGPF1CORP.Case assigned to Judge Terry J. Hatter, Jr for all further proceedings. Discovery referred to Magistrate Judge Oswald Parada.(Filing fee $ 350:PAID) Jury Demanded., filed by plaintiff Fred J Peters.(ghap) (cys). |
| 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Discover Bank, Equifax Information Services LLC, Experian Information Solutions Inc, SST CIGPF1CORP. (ghap) |
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