Myers v. Hunt & Heriques et al
| David Myers |
| FIA Card Services N.A., Hunt & Heriques, Michael S Hunt and Janalie Henriques |
| 2:2011cv02347 |
| September 6, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Santa Clara |
| Carolyn K. Delaney |
| John A. Mendez |
| Other Personal Injury |
| 15 U.S.C. ยง 1681 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
38
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/25/12 recommending that this action be dismissed. F&R referred to Judge John A. Mendez. Objections to F&R due within fourteen days. (Kaminski, H)
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Filing
37
ORDER ADOPTING 33 FINDINGS and RECOMMENDATIONS, in full, signed by Judge John A. Mendez on 4/19/2012. Defendants' 8 17 Motions to Dismiss are GRANTED without leave to amend on claims under FDCPA, TCPA, and the Rosenthal Act. Leave to amend within 30 days is GRANTED on Fair Credit Reporting Act claim against all named defendants. The Hunt defendants' Special 8 Motion to Strike is GRANTED and attorneys' fees in amount of $4,154.50 are GRANTED against plaintiff. (Marciel, M)
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Filing
33
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/15/12; IT IS HEREBY RECOMMENDED that: Defendants' motions to dismiss (dkt. nos. 8, 17) be granted without leave to amend on the claims under the FDCPA, the TCPA and the Rosenthal Act; leave to amend within thirty days be granted on the Fair Credit Reporting Act claim against all named defendants; and the Hunt defendants' special motion to strike (dkt. no. 8) be granted and attorneys' fees in the amount of $4,154.50 be granted against plaintiff. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen days after bei ng served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations.&quo t; Any reply to the objections shall be served and filed within seven days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).(Matson, R)
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Filing
16
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/3/12 ORDERING that the hearing date of 1/11/12 is VACATED. Hearing on Defendants' MOTION 8 is CONTINUED to 2/8/2012 at 10:00 AM in Courtroom 26 (CKD) before Magistrate Judge Carolyn K. D elaney. Plaintiff is directed to file opposition to the Motion, or a statement of non-opposition thereto, no later than 1/25/12. Failure to file opposition and appear at hearing, or to file a statement of non-opposition, will be deemed a statement of non-opposition, and shall result in a recommendation that this action be dismissed. Reply shall be filed no later than 2/1/12. (Mena-Sanchez, L)
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Filing
3
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/8/2011 GRANTING plaintiff's 2 Motion to Proceed In Forma Pauperis. Clerk directed to issue Judge Delaney's Order Setting Status Conference and send plaintiff following documents: 1 Summons, 4 USM-285 forms, copy of Complaint and New Case Opening documents. Plaintiff directed to provide US Marshal all information needed to effect process of service w/in 14 days and file Statement that said documents have been submitted to them. (cc: US Marshal Services) (Marciel, M)
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