Silvestre Alvarado v. Toyota Motor Credit Corporation et al
| Silvestre Alvarado |
| Toyota Motor Credit Corporation, Experian Information Solutions, Inc. and Fifth Third Bank |
| Stephen H. Marcus |
| 5:2019cv01832 |
| September 24, 2019 |
| US District Court for the Central District of California |
| Kenly Kiya Kato |
| Consuelo B Marshall |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2020. A more recent docket listing may be available from PACER.
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Filing 57
ORDER GRANTING JOINT MOTION TO DISMISS WITH PREJUDICE, #56 by Judge Consuelo B. Marshall: The Court having reviewed the Joint Motion to Dismiss with Prejudice submitted by the Parties, and funding good cause, hereby dismisses the captioned action with prejudice. IT IS SO ORDERED. (shb)
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| Filing 56 Joint NOTICE OF MOTION AND MOTION to Dismiss Case with Prejudice filed by Defendant Fifth Third Bank. Motion set for hearing on 7/14/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order) (Chen, Dillon) |
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Filing 55
ORDER AS TO JOINT MOTION TO DISMISS ONLY DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC., WITH PREJUDICE #54 by Judge Consuelo B. Marshall (lc)
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| Filing 54 Joint NOTICE OF MOTION AND MOTION to Dismiss defendant Experian Information Solutions, Inc. filed by Plaintiff Silvestre Alvarado. (Attachments: #1 Proposed Order, #2 Affidavit of service) (Hartman, Jared) |
| Filing 53 Notice of Appearance or Withdrawal of Counsel: for attorney Jared M Hartman counsel for Plaintiff Silvestre Alvarado. Laurel N. Holmes is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Silvestre Alvarado. (Hartman, Jared) |
| Filing 52 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew Zaki counsel for Defendant Fifth Third Bank. Andrew Zaki will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Andrew Zaki is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Andrew Zaki. (Zaki, Andrew) |
| Filing 51 NOTICE of Settlement as to Defendant Experian Information Solutions, Inc. filed by Plaintiff Silvestre Alvarado. (Hartman, Jared) |
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Filing 50
ORDER APPROVING STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order #49 OOO (dts)
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| Filing 49 STIPULATION for Protective Order filed by Defendant Experian Information Solutions, Inc..(Sun, Jennifer) |
| Filing 48 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Stephen H. Marcus has been assigned to serve as Panel Mediator. (mb) |
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Filing 47
ORDER AS TO JOINT MOTION TO DISMISS DEFENDANT TOYOTA MOTOR CREDIT CORPORATION ONLY, WITH PREJUDICE [42,46], by Judge Consuelo B. Marshall: the Parties joint Motion is GRANTED. Defendant TOYOTA MOTOR CREDIT CORPORATION only, is hereby dismissed from this case, with prejudice, with each Party to bear its own costs and attorneys fees. As this Motion pertained to only Defendant TOYOTA MOTOR CREDIT CORPORATION, this Order does not impact any dates, deadlines, or hearingscurrently in place as to the remaining Defendants. Terminating Toyota Motor Credit Corporation. (shb)
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| Filing 46 Joint NOTICE OF MOTION AND MOTION to Dismiss Defendant Toyota Motor Credit Corporation filed by Plaintiff Silvestre Alvarado. (Attachments: #1 Proposed Order, #2 Affidavit of service) (Hartman, Jared) |
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Filing 45
MINUTE IN CHAMBERS ORDER RE: JOINT MOTION TO DISMISS DEFENDANT TOYOTA MOTOR CREDIT CORPORATION ONLY, WITH PREJUDICE by Judge Consuelo B. Marshall: The matter before the Court is the "Joint Motion to dismiss Defendant Toyota Motor Credit Corporation, Only. With Prejudice" filed by Plaintiff, { #42 . Th Joint Motion fails to include an attestation by the "filer... that all other signatories listed, an on whose behalf the filing is submitted, concur in the filing's content and have authorized the filing" as required pursuant to Local Rule 5-4.3.4 The Joint Motion also fails to include a proposed order as required pursuant to Local Rule 5-4.1. Accordingly, Plaintiff shall file the required proposed order no later than April 1, 2020. (shb)
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| Filing 44 NOTICE OF LODGING filed re Joint NOTICE OF MOTION AND MOTION to Dismiss Defendant Toyota Motor Credit Corporation #42 (Attachments: #1 Proposed Order, #2 Affidavit of service)(Hartman, Jared) |
| Filing 43 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint NOTICE OF MOTION AND MOTION to Dismiss Defendant Toyota Motor Credit Corporation #42 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. 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. (shb) |
| Filing 42 Joint NOTICE OF MOTION AND MOTION to Dismiss Defendant Toyota Motor Credit Corporation filed by Plaintiff Silvestre Alvarado. (Attachments: #1 Affidavit of service) (Hartman, Jared) |
| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Alex N Hadduck counsel for Defendant Toyota Motor Credit Corporation. Vince L. Farhat is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Toyota Motor Credit Corporation. (Hadduck, Alex) |
| Filing 40 NOTICE of Change of address by Alex N Hadduck attorney for Defendant Toyota Motor Credit Corporation. Changing attorneys address to 601 SW 2nd Ave., Ste. 1800, Portland, OR 97204. Filed by Defendant Toyota Motor Credit Corporation. (Hadduck, Alex) |
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Filing 39
ORDER/REFERRAL to ADR Procedure No 2 by Judge Consuelo B. Marshall. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than October 15, 2020. (shb)
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| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Thanh-Thuy Thi Luong counsel for Defendant Experian Information Solutions, Inc.. Thanh-Thuy T. Luong is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Experian Information Solutions, Inc.. (Luong, Thanh-Thuy) |
| Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer Sun counsel for Defendant Experian Information Solutions, Inc.. Adding Jennifer Sun as counsel of record for Experian Information Solutions, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Experian Information Solutions, Inc.. (Attorney Jennifer Sun added to party Experian Information Solutions, Inc.(pty:dft))(Sun, Jennifer) |
| Filing 35 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 Plaintiff Silvestre Alvarado (Attachments: #1 Proposed Order, #2 Affidavit of service)(Hartman, Jared) |
| Filing 38 MINUTES OF SCHEDULING CONFERENCE - HELD before Judge Consuelo B. Marshall. The case is called and counsel state their appearance. The Court and counsel confer. Following discussions with the parties, the Court sets the following: ADR-1 Form shall be filed on or before March 10, 2020. Initial expert disclosure no later than October 30, 2020. Non expert discovery cut-off no later than September 30, 2020. Rebuttal expert disclosure completion on or before November 12, 2020.Expert completion no later than November 30, 2020. Settlement conference shall be held on or before October 15, 2020. Motions shall be set for oral argument on or before January 26, 2021 at 10:00 a.m. Pre Trial Conference is set on March 16, 2021 at 2:30 p.m. Jury Trial is set on April 13, 2021 at 10:00 a.m.(est. 5 days). Court Reporter: Amy Diaz. (shb) |
| Filing 34 NOTICE re Scheduling Conference filed by defendant Fifth Third Bank. (Chen, Dillon) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Dillon D Chen counsel for Defendant Fifth Third Bank. Adding Andrew E. Zaki as counsel of record for Fifth Third Bank for the reason indicated in the G-123 Notice. Filed by Defendant Fifth Third Bank. (Chen, Dillon) |
| Filing 32 NOTICE of Settlement as to Defendant Toyota Motor Credit Corporation filed by Plaintiff Silvestre Alvarado. (Hartman, Jared) |
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Filing 31
ORDER/REFERRAL to ADR Procedure No 3 by Judge Consuelo B. Marshall. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (shb)
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| Filing 30 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Plaintiff Silvestre Alvarado (Attachments: #1 Proposed Order, #2 Affidavit of service)(Hartman, Jared) |
| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for ADR Procedure No. 3 - (ADR-1) #28 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (shb) |
| Filing 28 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Plaintiff Silvestre Alvarado(Hartman, Jared) |
| Filing 27 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Silvestre Alvarado.. (Hartman, Jared) |
| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #25 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): The case number is missing the Judge initials. The complete case number is 5:19-cv-01832 CBM (KKx). The complete case number must be entered on all documents filed with the Court.. 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. (shb) |
| Filing 25 NOTICE Change of Party Name filed by defendant Fifth Third Bank. (Chen, Dillon) |
| Filing 24 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Toyota Motor Credit Corporation.(Hadduck, Alex) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #22 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (shb) |
| Filing 22 ANSWER to Complaint (Attorney Civil Case Opening) #1 & Affirmative Defenses filed by defendant Fifth Third Bank.(Chen, Dillon) |
| Filing 21 NOTICE of Change of Attorney Business or Contact Information: for attorney Dillon D Chen counsel for Defendant Fifth Third Bank. Changing email to Dillon.Chen@DINSMORE.com. Filed by Defendant Fifth Third Bank. (Chen, Dillon) |
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Filing 20
MINUTE ORDER IN CHAMBERS SCHEDULING CONFERENCE by Judge Consuelo B. Marshall. Scheduling Conference set for 3/3/2020 at 10:00 AM before Judge Consuelo B. Marshall. (ys)
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Filing 19
STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys)
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| Filing 18 NOTICE of Interested Parties filed by Defendant Experian Information Solutions, Inc., identifying Experian plc; Central Source LLC; Online Data Exchange LLC; New Management Services LLC; VantageScore Solutions LLC; Opt-Out Services LLC. (Luong, Thanh-Thuy) |
| Filing 17 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Experian Information Solutions, Inc..(Attorney Thanh-Thuy Thi Luong added to party Experian Information Solutions, Inc.(pty:dft))(Luong, Thanh-Thuy) |
| Filing 16 Joint STIPULATION Extending Time to Answer the complaint as to Toyota Motor Credit Corporation answer now due 11/12/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Toyota Motor Credit Corporation.(Hadduck, Alex) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Alex N Hadduck counsel for Defendant Toyota Motor Credit Corporation. Adding Alex N. Hadduck as counsel of record for Toyota Motor Credit Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Toyota Motor Credit Corporation. (Attorney Alex N Hadduck added to party Toyota Motor Credit Corporation(pty:dft))(Hadduck, Alex) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Silvestre Alvarado, upon Defendant Toyota Motor Credit Corporation served on 10/2/2019, answer due 10/23/2019. Service of the Summons and Complaint were executed upon Albert Demonte, agent authorized to accept service in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hartman, Jared) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Silvestre Alvarado, upon Defendant Experian Information Solutions, Inc. served on 10/2/2019, answer due 10/23/2019. Service of the Summons and Complaint were executed upon Albert Demonte, agent authorized to accept service in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hartman, Jared) |
| Filing 12 Joint STIPULATION Extending Time to Answer the complaint as to Fifth Third Bank answer now due 11/6/2019, re Complaint (Attorney Civil Case Opening) #1 filed by defendant Fifth Third Bank.(Attorney Dillon Jones added to party Fifth Third Bank(pty:dft))(Jones, Dillon) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Silvestre Alvarado, upon Defendant Fifth Third Bank served on 10/2/2019, answer due 10/23/2019. Service of the Summons and Complaint were executed upon Amy Ganse, authorized agent to accept service in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Hartman, Jared) |
| Filing 10 NOTICE OF CLERICAL ERROR: Due to clerical error, the Notice to Parties of Court-Directed ADR Program was inadvertently filed. Please disregard DocketEntry No. #8 . (jtil) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Experian Information Solutions, Inc., Fifth Third Bank and Toyota Motor Credit Corporation. (Attachments: #1 Fifth Third Bank, #2 Toyota) (jtil) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Kenly Kiya Kato. (jtil) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Silvestre Alvarado. (Hartman, Jared) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Silvestre Alvarado. (Hartman, Jared) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Silvestre Alvarado. (Hartman, Jared) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Silvestre Alvarado, identifying Silvestre Alvarado. (Hartman, Jared) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Silvestre Alvarado. (Hartman, Jared) |
| Filing 1 COMPLAINT Receipt No: 0973-24494801 - Fee: $400, filed by Plaintiff Silvestre Alvarado. (Attorney Jared M Hartman added to party Silvestre Alvarado(pty:pla))(Hartman, Jared) |
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