Stone v. Advance America, Cash Advance Centers Inc. et al

Plaintiff: Kerrie Stone
Defendant: Advance America, Cash Advance Centers Inc., Advance America, Cash Advance Centers of California, LLC and DOES
Case Number: 3:2008cv01549
Filed: August 21, 2008
Court: California Southern District Court
Office: Personal Property: Other Office
County: San Diego
Presiding Judge: William Q. Hayes
Referring Judge: William McCurine
Nature of Suit: None
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Property Damage

Available Case Documents

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Date Filed#Document Text
December 12, 2011 181 Opinion or Order of the Court ORDER denying 130 Motion for Class Certification; denying 142 Motion to Strike, and Setting Remaining Pretrial Dates. The Court requests Magistrate Judge McCurine to schedule a mandatory settlement conference. The Court grants Plaintiffs leave to file a motion, on or before January 27, 2012, to join additional plaintiffs. Pretrial Conference set for 4/6/2012 01:30 PM before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 12/09/11. (cge)
November 7, 2011 178 Opinion or Order of the Court ORDER on Summary Judgment Motions. The Court grants 127 Motion for Partial Summary Judgment; denies 133 Motion for Partial Summary Judgment; denies 134 Motion for Partial Summary Judgment; denies 141 Motion to add new Class Representative; denies 149 Motion to Strike. Signed by Judge Anthony J. Battaglia on 11/07/11. (cge)
September 21, 2010 124 Opinion or Order of the Court ORDER Following Telephonic Discovery Conference Re: (1) Request To Re-Open Discovery And (2) Discoverability Of Names And Contact Information Of Defendants' Former Employees: The Court held a telephonic discovery conference on 9/17/2010. Plainti ff's request for additional DDO audit reports is denied. Discovery is closed per the Court's First Amended Scheduling Order. With one exception, the Court finds no good cause exists to allow further discovery. Defendants are required to dis close the name and contact information of its former employees during the class period to plaintiff on or before 10/5/2010. The Court issues a Protective Order. Signed by Magistrate Judge William McCurine, Jr on 9/21/2010. (All non-registered users served via U.S. Mail Service; ECF registration requirement notice also mailed to Atty Peter Ligh.) (mdc)
April 8, 2010 94 Opinion or Order of the Court ORDER: Defendants' (Doc. 69 ) Motion for Judgment on the Pleadings is granted as to Plaintiffs' claim that deferred deposit transactions with an APR of 500 percent or more are unconscionable as a matter of law. Plaintiffs' claim that Defendants' electronic deposit practices violated the California Financial Code is dismissed without prejudice. Defendants' (Doc. 77 ) Objection and Motion to Modify the 12/4/2009 Discovery Order of the Magistrate Judge is overruled and denied. Signed by Judge William Q. Hayes on 4/7/2010. (All non-registered users served via U.S. Mail Service; third ECF registration notice also sent to Atty Dany.) (mdc)
December 4, 2009 75 Opinion or Order of the Court ORDER Re Discovery: The Court hereby orders Defendant to provide Plaintiffs with the requested customer contact information in accordance with the opt-out procedure proposed by Plaintiffs. The contact information disclosed shall be considered confidential and subject to the Court's September 2, 2009 Protective Order entered in this case. Signed by Magistrate Judge William McCurine, Jr on 12/4/09. (All non-registered users served via U.S. Mail Service)(pdc)(jrl).
July 24, 2009 43 Opinion or Order of the Court ORDER granting 35 Motion to add additional class representatives. Plaintiff may file a second amended complaint that adds Franks Brightwell and Justina Rodriguez as additional proposed class representatives within thirty (30) days of the date of this Order.Signed by Judge William Q. Hayes on 7/24/09. (All non-registered users served via U.S. Mail Service).(tkl) (jrl).
March 20, 2009 24 Opinion or Order of the Court ORDER: The Motion to Dismiss (Doc. 19 ) is denied with respect to the claims in paragraph 21 of the first cause of action in the First Amended Complaint, the incorporation of paragraph 21 into the second cause of action as well as the entire third c ause of action; and with respect to the claims in paragraph 22 of the first cause of action in the First Amended Complaint and the incorporation of paragraph 22 into the second cause of action; and is denied with leave to refile with respect to the c laims against Defendant Advance America, Cash Advance Centers, Inc. Plaintiff is granted leave to conduct jurisdictional discovery in compliance this Order. Signed by Judge William Q. Hayes on 3/20/2009. (All non-registered users served via U.S. Mail Service.) (mdc) (jrl).
September 10, 2008 11 Opinion or Order of the Court ORDER: The Joint Motion (Doc. 10 ) to Withdraw Plaintiff's Request for Entry of Default and to Set Deadline for Defendants to Respond to Complaint is granted. The Court orders the Clerk of the Court to terminate the request for entry of default (Doc. 5 ). Defendants shall file and serve their answer or other response to the complaint on or before 9/15/2008. The Ex Parte Motion for Extension of Time to File Answer or Otherwise Plead (Doc. 4 ) and the Supplemental Motion for Extension of Time to File Answer or Otherwise Plead (Doc. 7 ) are denied as moot. Signed by Judge William Q. Hayes on 9/10/2008. (All non-registered users served via U.S. Mail Service; Request for Entry of Clerk Default withdrawn.) (mdc)

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Plaintiff: Kerrie Stone
Represented By: James F Clapp
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Defendant: Advance America, Cash Advance Centers Inc.
Represented By: James G Sandler
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Defendant: Advance America, Cash Advance Centers of California, LLC
Represented By: James G Sandler
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Defendant: DOES
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