Francis v. Ability Recovery Services, LLC
Plaintiff: Danielle Francis
Defendant: Ability Recovery Services, LLC
Case Number: 4:2019cv08128
Filed: December 13, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Haywood S Gilliam
Referring Judge: Sallie Kim
2 Judge: Kandis A Westmore
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2020 Filing 40 STATUS REPORT by Danielle Francis. (Zelman, Yitzchak) (Filed on 10/20/2020)
October 19, 2020 Opinion or Order Filing 39 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to provide the Court with a status update explaining when the parties anticipate filing the stipulation for dismissal, as contemplated by Dkt. No. #34 the parties' notice of settlement. Parties shall file a statement of two pages or less by October 21, 2020. The parties do not need to file a joint statement if the parties submit their anticipated dismissals beforehand. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 10/19/2020)
October 19, 2020 Filing 38 NOTICE of Voluntary Dismissal with Prejudice by Danielle Francis (Zelman, Yitzchak) (Filed on 10/19/2020)
October 2, 2020 Filing 37 Letter from Yitzchak Zelman requesting extension of deadline to file dismissal papers . (Zelman, Yitzchak) (Filed on 10/2/2020)
September 29, 2020 Opinion or Order Filing 36 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to provide the Court with a status update explaining when the parties anticipate filing the stipulation for dismissal, as contemplated by (Dkt. No. #34 ) the parties' notice of settlement. Parties shall file a statement of two pages or less by October 2, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 9/29/2020)
July 30, 2020 Opinion or Order Filing 35 ORDER Denying Motion for Discovery as Moot Without Prejudice. Signed by Judge Sallie Kim on July 30, 2020. (sklc1S, COURT STAFF) (Filed on 7/30/2020)
July 29, 2020 Filing 34 NOTICE of Settlement by Danielle Francis re #33 Order (Zelman, Yitzchak) (Filed on 7/29/2020) Modified on 7/29/2020 (jmlS, COURT STAFF).
July 22, 2020 Opinion or Order Filing 33 ORDER Setting Deadline. Signed by Judge Sallie Kim on July 22, 2020. (sklc1S, COURT STAFF) (Filed on 7/22/2020)
July 14, 2020 Opinion or Order Filing 32 ORDER REGARDING SUPPLEMENTAL BRIEF. Signed by Magistrate Judge Sallie Kim on 7/14/2020. (mklS, COURT STAFF) (Filed on 7/14/2020)
July 1, 2020 Filing 31 CASE MANAGEMENT STATEMENT Submitted In Response To This Courts June 22, 2020 Order filed by Danielle Francis. (Zelman, Yitzchak) (Filed on 7/1/2020)
June 22, 2020 Opinion or Order Filing 30 ORDER REGARDING PLAINTIFF'S MOTION TO CONDUCT DISCOVERY. Signed by Magistrate Judge Sallie Kim on 6/22/2020. (mklS, COURT STAFF) (Filed on 6/22/2020)
June 16, 2020 Filing 29 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephone Conference held on 6/16/2020. Total Time in Court: 12 Minutes. Not Reported. Plaintiff Attorney: Yitzchak Zelman. The Court advises counsel for plaintiff that the pending motion for discovery (docket no. #25 ) will be referred to a Magistrate Judge for handling. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 6/16/2020)
June 16, 2020 Opinion or Order Filing 28 ORDER REFERRING CASE to Magistrate Judge for Discovery purposes Re Docket No. #25 . Motion Hearing set for 7/16/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr. is vacated. Signed by Judge Haywood S. Gilliam, Jr. on 6/16/2020. (ndrS, COURT STAFF) (Filed on 6/16/2020)
June 16, 2020 CASE REFERRED to Magistrate Judge Sallie Kim for Discovery (ahm, COURT STAFF) (Filed on 6/16/2020)
June 9, 2020 Set Hearing, See Docket No. 27 : Telephone Conference set for 6/16/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 6/9/2020)
June 9, 2020 Opinion or Order Filing 27 ORDER by Hon. Haywood S. Gilliam, Jr., SETTING a telephone conference at 2:00 p.m. on June 16, 2020. Plaintiff's counsel shall be prepared to discuss (Dkt. Nos. #25 , #26 ) the discovery motion against a party that has not yet appeared as well as the proposed next steps in this case. Counsel shall use the following dial-in information to access the call: Dial-In: 888-808-6929/Passcode: 6064255. For call clarity, the party shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The party is further advised to ensure that the Court can hear and understand him or her clearly before speaking at length. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 6/9/2020)
June 9, 2020 Filing 26 RESPONSE TO ORDER TO SHOW CAUSE by Danielle Francis . (Zelman, Yitzchak) (Filed on 6/9/2020)
June 9, 2020 Filing 25 MOTION for Discovery filed by Danielle Francis. Motion Hearing set for 7/16/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 6/23/2020. Replies due by 6/30/2020. (Attachments: #1 Proposed Order)(Zelman, Yitzchak) (Filed on 6/9/2020)
June 8, 2020 Set Deadline, See Docket No. 24 : Statement due by 6/12/2020. (ndrS, COURT STAFF) (Filed on 6/8/2020)
June 8, 2020 Opinion or Order Filing 24 ORDER by Hon. Haywood S. Gilliam, Jr., DIRECTING Plaintiff's counsel to indicate whether Plaintiff anticipates moving for default judgment, and if so, when the Court can expect the motion. Failure to respond may be the basis for sanctions. The statement should be no longer than two pages and due by June 12, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 6/8/2020)
May 29, 2020 Opinion or Order Filing 23 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Plaintiff's counsel to indicate whether Plaintiff anticipates moving for default judgment, and if so, when the Court can expect the motion. The statement should be no longer than two pages and due by June 5, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 5/29/2020)
April 10, 2020 Filing 22 Clerk's Notice ENTRY OF DEFAULT as to ABILITY RECOVERY SERVICES, LLC on April 10, 2020. (Related documents(s) #21 )(jmlS, COURT STAFF) (Filed on 4/10/2020)
April 7, 2020 Filing 21 MOTION for Entry of Default filed by Danielle Francis. (Attachments: #1 Affidavit, #2 Exhibit Affidavit of Attempted Service (BAD ADDRESS))(Zelman, Yitzchak) (Filed on 4/7/2020)
April 3, 2020 Filing 20 Clerk's DECLINATION OF DEFAULT as to Ability Recovery Services, LLC on April 3, 2020. The defendant was not served at the address listed with the PA Secretary of State for the business entity. The address they show is: 18 Pierce St Kingston PA 18704. (Related documents(s) #19 )(jmlS, COURT STAFF) (Filed on 4/3/2020)
April 2, 2020 Filing 19 MOTION for Entry of Default filed by Danielle Francis. (Attachments: #1 Affidavit)(Zelman, Yitzchak) (Filed on 4/2/2020)
March 17, 2020 Filing 18 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Initial Case Management Conference held on 3/17/2020. FTR Time: 2:06-2:09. Plaintiff Attorney: Yitzchak Zelman appearing via courtcall. Counsel for plaintiff is directed to proceed with seeking entry of default as indicated in his request to appear at todays hearing telephonically. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 3/17/2020)
March 12, 2020 Filing 17 CLERK'S NOTICE. Notice is hereby given that the initial case management conference, previously set for March 17th, will be held on that date as a telephonic conference before Judge Haywood S. Gilliam, Jr. at 2:00 p.m. Counsel shall contact CourtCall at (866) 582-6878 to make arrangements for the telephonic appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 3/12/2020)
March 5, 2020 Opinion or Order Filing 16 ORDER by Judge Haywood S. Gilliam, Jr. Granting #15 Motion to Appear by Telephone at March 17, 2020 Initial Case Management Conference. Counsel shall contact CourtCall at (866) 582-6878 to make arrangements for the telephonic appearance. (ndrS, COURT STAFF) (Filed on 3/5/2020)
March 5, 2020 Filing 15 MOTION to Appear by Telephone at March 17, 2020 Initial Case Management Conference filed by Danielle Francis. (Attachments: #1 Proposed Order)(Zelman, Yitzchak) (Filed on 3/5/2020)
January 9, 2020 Filing 14 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for March 17, 2020, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by March 10, 2020. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:19-cv-08128-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 1/9/2020)
January 8, 2020 Opinion or Order Filing 13 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Signed by the Clerk on 01/08/2020. (ajsS, COURT STAFF) (Filed on 1/8/2020)
January 7, 2020 Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (dtmS, COURT STAFF) (Filed on 1/7/2020)
January 7, 2020 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Danielle Francis.. (Zelman, Yitzchak) (Filed on 1/7/2020)
January 6, 2020 Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/21/2020. (dtmS, COURT STAFF) (Filed on 1/6/2020)
January 6, 2020 Filing 9 SUMMONS Returned Executed by Danielle Francis. Ability Recovery Services, LLC served on 1/2/2020, answer due 1/23/2020. (Zelman, Yitzchak) (Filed on 1/6/2020)
December 23, 2019 Filing 8 Summons Issued as to Ability Recovery Services, LLC. (ajsS, COURT STAFF) (Filed on 12/23/2019)
December 23, 2019 Filing 7 Proposed Summons. (Zelman, Yitzchak) (Filed on 12/23/2019)
December 20, 2019 Opinion or Order Filing 6 ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Kandis A. Westmore: granting #5 Application. (shyS, COURT STAFF) (Filed on 12/20/2019)
December 17, 2019 Filing 5 MOTION for leave to appear in Pro Hac Vice re: Yitzchak Zelman ( Filing fee $ 310, receipt number 0971-13987192.) filed by Danielle Francis. (Attachments: #1 Exhibit Certificate of Good Standing)(Zelman, Yitzchak) (Filed on 12/17/2019) Modified on 12/18/2019 (ajsS, COURT STAFF).
December 16, 2019 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/10/2020. Initial Case Management Conference set for 3/17/2020 01:30 PM. (ajsS, COURT STAFF) (Filed on 12/16/2019)
December 13, 2019 Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/27/2019. (mbcS, COURT STAFF) (Filed on 12/13/2019)
December 13, 2019 Filing 2 ***REFILED AT DKT. #7 ***Proposed Summons. (Stieglitz, Jonathan) (Filed on 12/13/2019) Modified on 12/23/2019 (ajsS, COURT STAFF). Modified on 12/23/2019 (ajsS, COURT STAFF).
December 13, 2019 Filing 1 CLASS ACTION COMPLAINT with Jury Demand against Ability Recovery Services, LLC ( Filing fee $ 400, receipt number 0971-13976471.). Filed byDanielle Francis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Stieglitz, Jonathan) (Filed on 12/13/2019) Modified on 12/16/2019 (ajsS, COURT STAFF).

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Plaintiff: Danielle Francis
Represented By: Jonathan A Stieglitz
Represented By: Yitzchak Zelman
Represented By: Jonathan A. Stieglitz
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Defendant: Ability Recovery Services, LLC
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