Thompson v. NetCredit Loan Services, LLC
| Kenan Thompson |
| NetCredit Loan Services, LLC |
| 3:2023cv05318 |
| October 18, 2023 |
| US District Court for the Northern District of California |
| Rita F Lin |
| Alex G Tse |
| Consumer Credit |
| 15 U.S.C. § 1601 Truth in Lending |
| None |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 CASE MANAGEMENT STATEMENT filed by NetCredit Loan Services, LLC. (Tasca, Joel) (Filed on 12/11/2023) |
| Filing 26 CASE MANAGEMENT STATEMENT filed by Kenan Thompson. (Thompson, Kenan) (Filed on 12/11/2023) |
| Filing 25 OPPOSITION/RESPONSE (re #22 MOTION to Dismiss #13 Amended Complaint ) filed byKenan Thompson. (Attachments: #1 Declaration declaration in support of opposition to dismiss)(Thompson, Kenan) (Filed on 12/11/2023) |
| Filing 24 CLERK'S NOTICE Regarding Defendant's #22 MOTION to Dismiss #13 Amended Complaint: This was was reassigned to Judge Rita F. Lin on 11/27/2023. On that same date Defendant filed a Motion to Dismiss and noticed the hearing for 1/11/2024 on Judge Chhabria's calendar. Given the reassignment, the hearing on the Defendant's Motion to Dismiss is reset for 1/16/2024 10:00 AM in San Francisco, Courtroom 15, 18th Floor before Judge Rita F. Lin (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 12/5/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 23 Case Reassigned to Judge Rita F. Lin. Judge Vince Chhabria no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (ark, COURT STAFF) (Filed on 11/29/2023) |
| Filing 22 MOTION to Dismiss #13 Amended Complaint filed by NetCredit Loan Services, LLC. Motion to Dismiss Hearing set for 1/11/2024 01:00 PM in San Francisco, Courtroom 04, 17th Floor. Responses due by 12/11/2023. Replies due by 12/18/2023. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Dismiss Amended Complaint)(Tasca, Joel) (Filed on 11/27/2023) |
Filing 21
ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable Rita F. Lin in the San Francisco Division for all further proceedings.1. All future filings shall bear the initials RFL immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court.3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. All pending motions (regardless of whether they are presently scheduled for hearing) must be RENOTICED for hearing before Judge Lin by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule.4. Deadlines for ADR compliance and discovery cutoffs remain unchanged.5. All pretrial conference and trial dates currently set for after March 4, 2024, and all other deadlines associated with the case, will remain in place unless otherwise ordered.6. All pretrial conference and trial dates scheduled on or before March 4, 2024, are vacated. Other pretrial deadlines (eg., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases.7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. Each party is expected to review and become familiar with all applicable standing orders and scheduling notes.9. On or before December 11, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address the following items in the following order: a. Date Filed: The date the case was filed; b. Parties: A list or description of each party; c. Claims: A summary of all claims, counter-claims, cross-claims, or third party claims; d. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute; e. Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including reference to specific statutes and decisions; f. Relief: A description of the relief sought and the damages claimed with an explanation as to how damages have been (or will be) computed; g. Discovery: The status of discovery, including any significant discovery management issues, as well as any limits or cutoff dates; h. Related Cases: The status, case name, and case number of any related cases or proceedings pending before another judge of this court, or before another court or administrative body; i. Procedural History: A procedural history of the case, including any previous motions that were decided or submitted, any ADR proceedings or settlement conferences that have been scheduled or concluded, any appellate proceedings that are pending or concluded, and any previous referral to a magistrate judge; j. Deadlines: A description of any other deadlines in place before reassignment, including those for ADR, dispositive motions, pretrial conferences, and trials; k. Any modification of deadlines: Any requested modification of these dates, and the reasons for the request; l. Consent to Magistrate: Whether the parties will consent to a magistrate judge for trial; and m. Emergency: Whether there exists an immediate need for a case management conference to be scheduled in the action, and why the parties believe such a need exists.10. The Joint Case Management Statement will not constitute a motion to extend or modify dates. If emergency relief is needed to modify a deadline, and the deadline is not of the type that can be modified via stipulation of the parties without a court order, the requesting party or parties shall additionally file a motion or stipulation for such relief in compliance with Local Rule 6.11. The assigned judge participates in the Cameras in the Courtroom Pilot Project. Hearings and trials in any civil case assigned to a judge participating in the Pilot Project are eligible for video recording, upon request and with the consent of the parties and the presiding judge. Please see the #Northern Districts webpage about participation in the Pilot Project and # General Order 65 for more information. IT IS SO ORDERED.Dated: 11/27/2023FOR THE EXECUTIVE COMMITTEEMark B. Busby, Clerk of Court (kab-adi, COURT STAFF) (Filed on 11/27/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 20 NOTICE re #18 Summons Issued (hdj, COURT STAFF) (Filed on 11/22/2023) |
| Filing 19 Notice of Withdrawal of Motion re ECF No. #6 (Tasca, Joel) (Filed on 11/16/2023) |
| Filing 18 Summons Issued as to NetCredit Loan Services, LLC. (hdj, COURT STAFF) (Filed on 11/16/2023) (Additional attachment(s) added on 11/16/2023: #1 usm) (hdj, COURT STAFF). |
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Filing 17
Order by Judge Vince Chhabria granting #15 Motion for Permission for Electronic Case Filing. (vclc1, COURT STAFF) (Filed on 11/14/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 16
Order by Judge Vince Chhabria granting #14 Motion for Leave to Proceed in forma pauperis.(vclc1, COURT STAFF) (Filed on 11/14/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 15 MOTION for Permission for Electronic Case Filing filed by Kenan Thompson. (Attachments: #1 Proposed Order)(hdj, COURT STAFF) (Filed on 11/13/2023) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis filed by Kenan Thompson. (hdj, COURT STAFF) (Filed on 11/13/2023) |
| Filing 13 AMENDED COMPLAINT against NetCredit Loan Services, LLC. Filed by Kenan Thompson. (hdj, COURT STAFF) (Filed on 11/13/2023) |
| Filing 12 CLERK'S NOTICE RE #11 . #6 MOTION to Dismiss or, Alternatively, for More Definite Statement Hearing set for 11/30/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 11/13/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 11 Renotice motion hearing re #6 Motion to Dismiss or, Alternatively, for More Definite Statement filed byNetCredit Loan Services, LLC. (Tasca, Joel) (Filed on 11/9/2023) |
| Filing 10 CLERK'S NOTICE re Dkt 9. All pending motions will be taken off-calendar and must be re-noticed, not re-filed, by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 11/6/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 9 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 1/12/2024. Initial Case Management Conference set for 1/19/2024 at 10:00 AM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Friday, January 12, 2024, by no later than 12:00PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 10/27/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 10/27/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 10/27/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 7 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. The Clerk will now reassign this case to a United States District Judge because one or more of the parties has requested reassignment to a United States District Judge or has not consented to the jurisdiction of a United States Magistrate Judge. (shy, COURT STAFF) (Filed on 10/27/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 6 MOTION to Dismiss or, Alternatively, for More Definite Statement filed by NetCredit Loan Services, LLC. Motion to Dismiss Hearing set for 12/8/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor. Responses due by 11/8/2023. Replies due by 11/15/2023. (Attachments: #1 Proposed Order Proposed Order Granting Motion)(Tasca, Joel) (Filed on 10/25/2023) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by NetCredit Loan Services, LLC.. (Tasca, Joel) (Filed on 10/25/2023) |
| Filing 4 CERTIFICATE OF SERVICE by NetCredit Loan Services, LLC re #1 Notice of Removal, #3 Initial Case Management Scheduling Order with ADR Deadlines, (Tasca, Joel) (Filed on 10/24/2023) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/12/2024. Initial Case Management Conference set for 1/19/2024 02:00 PM in San Francisco, Courtroom A, 15th Floor. (hdj, COURT STAFF) (Filed on 10/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 2 Case assigned to Magistrate Judge Alex G. Tse. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/1/2023. (ark, COURT STAFF) (Filed on 10/18/2023) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Contra Costa, Small Claims Division. Their case number is PSC23-0341. (Filing fee $402 receipt number ACANDC-18749114). Filed byNetCredit Loan Services, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Tasca, Joel) (Filed on 10/18/2023) |
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| Plaintiff: Kenan Thompson | |
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| Defendant: NetCredit Loan Services, LLC | |
| Represented By: | Joel Edward Tasca |
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