Cosper et al v. Veros Credit, LLC
| Yolanda Cosper, Fred Lumpkin and Sebastian McGhee |
| Veros Credit, LLC |
| 2:2015cv01752 |
| August 18, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Carolyn K Delaney |
| Morrison C England |
| Consumer Credit |
| 28 U.S.C. § 1331 Fed Question: Fed Communications Act of 1934 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
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Filing 60
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 9/28/2020 DISMISSING this action with prejudice as to Plaintiffs Cosper and Lumpkin's individual claims and without prejudice as to Plaintiff McGhee's individual claims and the claims of the putative class. CASE CLOSED(Becknal, R)
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| Filing 59 PROPOSED ORDER re #57 Stipulation by Plaintiffs. (Kemnitzer, Bryan) Modified on 9/22/2020 (Mena-Sanchez, L). |
| Filing 58 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court received the Joint Motion and Stipulation to Dismiss Action (ECF No. 57). The parties are directed to file a proposed order for consideration of the filing. Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rule 101, the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today, in word processing format to: mceorders@caed.uscourts.gov. (Deutsch, S) |
| Filing 57 JOINT MOTION AND STIPULATION TO DISMISS Action with prejudice as to Plaintiffs Cosper and Lumpkin's individual claims and without prejudice as to Plaintiffs Mcghee's individual claims and claims of the putative class by Yolanda Cosper, Fred Lumpkin, Sebastian McGhee. (Kemnitzer, Bryan) Modified on 9/22/2020 (Mena-Sanchez, L). |
| Filing 56 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: Pursuant to the representation by counsel, the Court determined this case is settled #55 . In accordance with the provisions of Local Rule 160, counsel is to file dispositional documents or a status report on or before 10/23/2020. Failure to comply with this order may be grounds for the imposition of sanctions on any and all counsel as well as any party or parties who cause non-compliance with this order. Accordingly, all due dates and hearings set forth in this matter are VACATED. (Deutsch, S) |
| Filing 55 NOTICE of SETTLEMENT by Yolanda Cosper, Fred Lumpkin, Sebastian McGhee. Dispositional Docs due by 8/17/2020. (Kemnitzer, Bryan) |
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Filing 54
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 4/16/2020 CONTINUING the deadline for all Discovery, with the exception of expert discovery, to 10/30/2020. (Mena-Sanchez, L)
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| Filing 53 STIPULATION and PROPOSED ORDER for continuance of discovery cutoff, disclosure deadlines and dispositive motion filing deadline by Yolanda Cosper, Fred Lumpkin, Sebastian McGhee. (Kemnitzer, Bryan) |
| Filing 52 STIPULATION re Electronic Service of Documents by Yolanda Cosper, Fred Lumpkin, Sebastian McGhee. (Kemnitzer, Kristin) |
| Filing 51 NOTICE of CHANGE of ADDRESS by Bryan Kemnitzer. (Kemnitzer, Bryan) |
| Filing 50 DESIGNATION of COUNSEL FOR SERVICE., attorney Elliot Jason Conn terminated (Kemnitzer, Bryan) |
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Filing 49
SCHEDULING ORDER signed by District Judge Morrison C. England, Jr on 4/30/2019 ORDERING: Within sixty 60 days from the date of this Order the parties shall meet and confer regarding their discovery plan. All discovery, with the exception of expert discovery, shall be completed no later than three hundred sixty-five 365 days from the date of this Order. All counsel are to designate in writing and serve upon all other parties the name, address, and area of expertise of each expert that they propose to tender at trial not later than sixty 60 days after the close of discovery. Supplemental List due within thirty 30 days after the designation of expert witnesses. The parties shall file dispositive motions no later than one hundred eighty 180 days after the close of non-expert discovery. The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty 30 days after receiving this Courts ruling(s) on the last filed dispositive motion(s). If the parties do not intend to file dispositive motions, the parties are ordered to file a Joint Notice of Trial Readiness not later than thirty 30 days after the close of the designation of supplemental expert witnesses. Any objections to Initial Pretrial Scheduling Order are due within seven 14 days from the date of this Order (Washington, S)
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| Filing 48 JOINT STATUS REPORT by Yolanda Cosper, Fred Lumpkin, Sebastian McGhee. (Kemnitzer, Bryan) |
| Filing 47 NOTICE of APPEARANCE by Genevieve R. Walser-Jolly on behalf of Veros Credit, LLC. Attorney Walser-Jolly, Genevieve R. added. (Attachments: #1 Proof of Service)(Walser-Jolly, Genevieve) |
| Filing 46 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: After review of the docket, the parties are ordered to file a Joint Status Report not later than ten (10) days from the date of this Order. The parties are to set forth in their Joint Status Report, the appropriateness of special procedures, whether this case is related to any other case(s) on file in the Eastern District of California, the prospect for settlement, their estimated trial length, any request for a jury, and their availability for trial. Failure to timely comply with this Order will result in the imposition of sanctions, up to and including terminating sanctions, upon no further notice to the parties. (Deutsch, S) |
| Filing 45 NOTICE of CHANGE of ADDRESS by Bryan Kemnitzer. (Kemnitzer, Bryan) |
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Filing 44
PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/13/18. (Kastilahn, A)
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| Filing 43 STIPULATION and PROPOSED PROTECTIVE ORDER by Veros Credit, LLC. (Saelao, Rebecca) Modified on 1/19/2018 (Owen, K). |
| Filing 42 ANSWER with Jury Demand by Veros Credit, LLC.(Saelao, Rebecca) |
| Filing 41 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elliot Jason Conn for Sebastian McGhee (Conn, Elliot) |
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Filing 40
MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 9/12/2017 DENYING #31 Motion to Dismiss; GRANTING the plaintiff's Motion to Strike the Declaration of Scott Hyman. (Michel, G.)
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| Filing 39 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendant's Motion to Dismiss (ECF No. 31), scheduled for hearing on January 12, 2017, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
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Filing 38
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 12/07/16 ORDERING that the hearing on the #31 Motion to Dismiss is RESET to 1/12/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Benson, A)
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| Filing 37 STIPULATION and PROPOSED ORDER for Reset Hearing Date on Defendant's Motion to Dismiss re #31 Motion to Dismiss by Veros Credit, LLC. (Saelao, Rebecca) |
| Filing 36 REPLY by Veros Credit, LLC re #31 Motion to Dismiss. (Hyman, Scott) |
| Filing 35 OPPOSITION to #31 Motion to Dismiss by Yolanda Cosper, Fred Lumpkin, Sebastian McGhee. (Kemnitzer, Kristin) Modified on 10/11/2016 (Michel, G.). |
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Filing 34
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 8/24/16 ORDERING that #31 MOTION to DISMISS Hearing CONTINUED to 12/15/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. Plaintiffs' opposition shall be filed and served not later than 10/7/16. Defendant's reply shall be filed and served not later than 11/4/16.(Washington, S)
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| Filing 33 STIPULATION and PROPOSED ORDER for Continuance of Motion Hearing, Setting Briefing Schedule re #31 Motion to Dismiss by Yolanda Cosper, Fred Lumpkin, Sebastian McGhee. (Kemnitzer, Bryan) |
| Filing 32 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Kristin Kemnitzer for Yolanda Cosper,Kristin Kemnitzer for Fred Lumpkin,Kristin Kemnitzer for Sebastian McGhee, attorney Elliot Jason Conn terminated (Kemnitzer, Kristin) |
| Filing 31 MOTION TO DISMISS by Veros Credit, LLC. Motion Hearing SET for 9/22/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Attachments: #1 Proposed Order, #2 [STRICKEN - see #40 Memorandum and Order] Declaration of Scott Hyman) (Hyman, Scott) Modified on 9/13/2017 (Michel, G.). |
| Filing 30 SECOND AMENDED COMPLAINT against Veros Credit, LLC by Fred Lumpkin, Yolanda Cosper, Sebastian McGhee. Attorney Kemnitzer, Bryan added. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kemnitzer, Bryan) Modified on 7/13/2016 (Zignago, K.). |
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Filing 29
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 6/30/16, ORDERING that Plaintiffs may have through 7/8/2016 to file a Second Amended Complaint. Veros may have through 8/8/2016 to answer, move, or otherwise respond to the Second Amended Complaint. (Kastilahn, A)
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| Filing 28 STIPULATION and PROPOSED ORDER for Leave to File Second Amended Complaint by Yolanda Cosper, Fred Lumpkin. (Kemnitzer, Bryan) |
| Filing 27 STIPULATION granting leave to file second amended complaint by Yolanda Cosper, Fred Lumpkin. (Kemnitzer, Bryan) |
| Filing 26 MINUTE ORDER (Text Only)issued by CRD A. Shaddox-Waldrop for District Judge Morrison C. England, Jr on 5/27/2016 : The Court is in receipt of Defendant's Status Report (ECF No. #25 ). Defendant's pending Motion to Dismiss (ECF No. #13 ) is hereby TERMINATED. Defendant is hereby ordered to respond to Plaintiff's First Amended Complaint (ECF No. #12 ) within thirty (30) days from the date this order is electronically filed. If Defendant intends to respond to Plaintiff's First Amended Complaint by way of a motion under Rule 12 and wishes to stay discovery while such a motion is pending, Defendant may notice a motion for a stay of discovery before Magistrate Judge Carolyn K. Delaney. (Shaddox-Waldrop, A) |
| Filing 25 STATUS REPORT by Veros Credit, LLC. (Attachments: #1 Exhibit A)(Saelao, Rebecca) |
| Filing 24 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Yolanda Cosper, Fred Lumpkin for attorney Scott D. Owens to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-6385344) (Kemnitzer, Bryan) |
| Filing 23 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion the February 11, 2016, hearing on Defendant's Motion to Dismiss (ECF No. 13) is VACATED. (Deutsch, S) |
| Filing 22 STATUS REPORT by Veros Credit, LLC. (Attachments: #1 Exhibit A)(Saelao, Rebecca) |
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Filing 21
ORDER signed by Chief Judge Morrison C. England, Jr. on 1/20/2016 ORDERING that this action is removed from the Court' active caseload until further application by the Partiesor Order of this Court. The Parties are also ORDERED to file a status report within seven days of the Supreme Court' resolution of each case. Once the Supreme Court disposes of both cases, the Court shall set a scheduling conference. CASE STAYED(Reader, L)
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| Filing 20 STIPULATION and PROPOSED ORDER for Stay of Action by Veros Credit, LLC. (Saelao, Rebecca) |
| Filing 19 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: Pursuant to the Order of Reassignment (ECF No. 17), all dues dates and hearings set forth in this matter are VACATED. A pretrial scheduling order is forthcoming. The Defendant's Motion to Dismiss (ECF No. 13) is reset for hearing on February 11, 2016, at 2:00 p.m., in courtroom 7. (Deutsch, S) |
| Filing 18 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Yolanda Cosper, Fred Lumpkin. (Conn, Elliot) |
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Filing 17
ORDER REASSIGNING CASE signed by Chief Judge Morrison C. England, Jr.: Due to the senior status of District Judge *Garland E. Burrell, Jr.*, this action is reassigned to *Chief Judge Morrison C. England, Jr* for all further proceedings. (Dillon, M)
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| Filing 16 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nancy Barron for Yolanda Cosper,Nancy Barron for Fred Lumpkin (Barron, Nancy) |
| Filing 15 PROPOSED ORDER re GRANTING MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT OR IN THE ALTERNATIVE MOTION TO STAY re #13 MOTION to DISMISS by Veros Credit, LLC. (Hyman, Scott) |
| Filing 14 DECLARATION in SUPPORT OF #13 MOTION to DISMISS. (Attachments: #1 Exhibit A-D)(Hyman, Scott) |
| Filing 13 MOTION to DISMISS by Veros Credit, LLC. Attorney Hyman, Scott James added. Motion Hearing set for 2/8/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Hyman, Scott) |
| Filing 12 FIRST AMENDED COMPLAINT against Veros Credit, LLC by Fred Lumpkin, Yolanda Cosper. (Attachments: #1 Exhibit A, #2 Exhibit B)(Conn, Elliot) |
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Filing 11
ORDER signed by Judge Garland E. Burrell, Jr on 10/27/2015 ORDERING #9 Plaintiffs shall have through and including 11/6/2015 to file their amended complaint; It is therefore unnecessary for Veros to respond to the initial complaint; Defendants shall have through and including 12/4/2015 to answer, move, or otherwise respond to the amended complaint; and the Status pretrial scheduling conference Reset for 2/1/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Reader, L)
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| Filing 10 JOINT STATUS REPORT by Yolanda Cosper, Fred Lumpkin. (Conn, Elliot) |
| Filing 9 STIPULATION and PROPOSED ORDER for Amended Complaint and to Continue Scheduling Conference by Veros Credit, LLC. (Saelao, Rebecca) |
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Filing 8
SECOND STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/16/15 ORDERING that the time to respond to complaint is EXTENDED to and including 10/26/2015 (Mena-Sanchez, L)
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| Filing 7 STIPULATION and PROPOSED ORDER for Extending Time To Respond To Complaint To And Including October 26, 2015 by Veros Credit, LLC. (Saelao, Rebecca) |
| Filing 6 SUMMONS RETURNED EXECUTED: Veros Credit, LLC served on 8/28/2015, answer due 9/18/2015. (Conn, Elliot) |
| Filing 5 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT by Veros Credit, LLC. Attorney Saelao, Rebecca Snavely added. (Saelao, Rebecca) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference is SET for 11/9/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: #1 Consent Form, #2 VDRP) (Mena-Sanchez, L) |
| Filing 3 SUMMONS ISSUED as to *Veros Credit, LLC* with answer to complaint due within *21* days. Attorney *Elliot Jason Conn* *Kemnitzer Anderson Barron and Ogilvie LLP* *445 Bush Street 6th Floor* *San Francisco, CA 94108*. (Mena-Sanchez, L) |
| Filing 2 CIVIL COVER SHEET by Yolanda Cosper, Fred Lumpkin (Conn, Elliot) |
| Filing 1 COMPLAINT against Veros Credit, LLC by Fred Lumpkin, Yolanda Cosper. (Filing fee $ 400, receipt number 0972-6037991) (Attachments: #1 Exhibit A, #2 Exhibit B)(Conn, Elliot) |
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