Shadow v. Midland Credit Management, Inc.
| Sky D. Shadow |
| Midland Credit Management, Inc. |
| United States of America |
| 3:2017cv02277 |
| November 8, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| Los Angeles |
| Mitchell D Dembin |
| Marilyn L Huff |
| M James Lorenz |
| Barbara Lynn Major |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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| Filing 37 RESPONSE to Motion re #22 MOTION for Summary Judgment and Memorandum In Support of the Constitutionality of the FDCPA filed by United States of America. (Abbuhl, Joshua) (jpp). |
| Filing 36 NOTICE of Intervention by United States of America (Abbuhl, Joshua) (jpp). |
Filing 35
ORDER granting #34 Joint Motion to Vacate Deadlines. Until the pending Motion for Summary Judgment has been resolved, #22 , the Court finds good cause to vacate the Case Management Order issued December 12, 2018, #17 , and the deadline for filing a Motion for Class Certification [See ECF No. 21]. The parties must notify the Court within three days of receiving a ruling. Signed by Magistrate Judge Mitchell D. Dembin on 09/23/2019. (no document attached) (atk)
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| Filing 34 Joint MOTION to Vacate Deadlines Pending Outcome of Motion for Summary Judgment by Midland Credit Management, Inc.. (Attachments: #1 Proof of Service)(Landers, Thomas) (jrm). |
| Filing 33 CERTIFICATE OF SERVICE by Midland Credit Management, Inc. re #25 Notice (Other), #32 Order on Motion for Extension of Time to File,,, (Dkt. No. 25--Notice of Constitutional Challenge to Federal and State Statutes Pursuant to Federal Rule of Civil Procedure, Rule 5.1--Served On Attorneys General June 28, 2019) (Landers, Thomas)(sjt). |
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Filing 32
CERTIFICATION Of Constitutional Question and Order Granting Joint Motion. The Court hereby certifies the constitutional question pursuant to 28 U.S.C. 2403 and Rule 5.1. For good cause shown pursuant to Rule 6(b), the joint motion is granted [ECF No. #31 ]. It is ordered as follows: 1. No later than 8/28/2019, Defendant shall file a declaration showing (A) service under Federal Rule of Civil Procedure 5.1; and (B) service of this Order on the Attorneys General of the United States and the State of California, respectively. 2. No later than 11/1/2019, the United States and the State of California shall notify the Court of their intention to intervene in this action under 28 U.S.C. 2403 by either filing a brief in relation to the constitutional question raised in Defendant's pending summary judgment motion, or a notice notifying the Court of intention not to intervene. Signed by Judge M. James Lorenz on 8/23/2019. (lrf)
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| Filing 31 Joint MOTION for Extension of Time to File Decision Whether To Intervene by United States of America. (Attachments: #1 Proof of Service)(Abbuhl, Joshua)Attorney Joshua Charles Abbuhl added to party United States of America(pty:intv) (sjt). |
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Filing 30
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re #29 Notice (Other), from Defendant Midland Credit Management, Inc.. Non-compliance with local rule(s), ECF 2(g)(2) document in support not filed as attachment. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 8/2/2019.(lrf) (Additional attachment(s) added on 8/2/2019: #1 Rejected Document 29) (lrf).
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| Filing 29 ***DOCUMENT STRICKEN PER ORDER #30 ***NOTICE of Recent Authority by Midland Credit Management, Inc. re #22 MOTION for Summary Judgment (Attachments: # 1 Proof of Service)(Landers, Thomas) (sjt). (Main Document 29 replaced on 8/2/2019) (lrf). Modified to strike on 8/2/2019 (lrf). Modified on 8/2/2019 (lrf). |
| Filing 28 REPLY to Response to Motion re #22 MOTION for Summary Judgment filed by Midland Credit Management, Inc.. (Attachments: #1 Joint Statement of Undisputed Facts, #2 Declaration (Supplemental-Jared McClure), #3 Proof of Service)(Landers, Thomas) (sjt). |
| Filing 27 RESPONSE in Opposition re #22 MOTION for Summary Judgment filed by Sky D. Shadow. (Attachments: #1 Declaration of Todd M. Friedman)(Friedman, Todd) (sjt). |
| Filing 26 CERTIFICATE OF SERVICE by Midland Credit Management, Inc. re #25 Notice (Other) of Constitutional Challenge to Statute (Landers, Thomas) (sjt). |
| Filing 25 NOTICE of Constitutional Challenge to Statute by Midland Credit Management, Inc. re #22 MOTION for Summary Judgment (Attachments: #1 Proof of Service)(Landers, Thomas) (sjt). |
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Filing 24
ORDER Granting Joint Motion for Extension of Time [ECF No. #23 ]. No later than 7/1/2019, Plaintiff shall file and serve her opposition, if any, to Defendant's pending motion for summary judgment. No later than 7/15/2019, Defendant shall file and serve its reply, if any, in support of its summary judgment motion. Upon the filing of the foregoing, Defendant's motion shall be submitted on the briefs. No hearing will be held unless requested by the Court. See Civ. Loc. R. 7.1.d. Signed by Judge M. James Lorenz on 6/24/2019. (lrf)
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| Filing 23 Joint MOTION for Extension of Time to File Opposition and Reply to Defendant's Motion for Summary Judgment, Joint MOTION to Continue Hearing On Defendant's Motion For Summary Judgment By Two Weeks by Sky D. Shadow. (Friedman, Todd) (sjt). |
| Filing 22 MOTION for Summary Judgment by Midland Credit Management, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration (Jared McClure), #3 Request for Judicial Notice, #4 Proof of Service)(Landers, Thomas)(sjt). |
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Filing 21
ORDER granting #20 Joint Motion for Extension of Time to File Motion for Class Certification. The Court finds good cause to extend the deadline for the filing of a motion for class certification from May 24, 2019 to June 7, 2019. All other dates contained in the scheduling order of December 12, 2018, remain unchanged. #17 . Signed by Magistrate Judge Mitchell D. Dembin on 05/24/2019. (no document attached) (atk)
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| Filing 20 Joint MOTION for Extension of Time to File Class Certification Motion by Two Weeks by Midland Credit Management, Inc.. (Landers, Thomas) (sjt). |
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Filing 19
ORDER granting #18 Joint Motion for Protective Order. See attached Order. Signed by Magistrate Judge Mitchell D. Dembin on 04/01/2019. (atk)
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| Filing 18 Joint MOTION for Protective Order by Midland Credit Management, Inc.. (Strickland, Leah)Attorney Leah Suzanne Strickland added to party Midland Credit Management, Inc.(pty:dft) (sjt). |
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Filing 17
SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings: Mandatory Settlement Conference set for 2/13/2020 at 09:30 AM before Magistrate Judge Mitchell D. Dembin. Proposed Pretrial Order due by 6/22/2020. Final Pretrial Conference set for 6/29/2020 at 11:00 AM in Courtroom 5B before Judge M. James Lorenz. Signed by Magistrate Judge Mitchell D. Dembin on 12/12/2018.(lrf)
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| Filing 16 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: A telephonic Early Neutral Evaluation/Case Management Conference was held on 11/28/2018. The case did not settle. A scheduling order will follow. (Plaintiff Attorney: Todd Friedman). (Defendant Attorneys: Thomas Lander, Mei-Ying Imanaka). (no document attached) (atk) |
| Filing 15 NOTICE of Teleconference Information Sheet. Teleconference set for 11/28/2018 at 9:15AM. (atk) |
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Filing 14
NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 11/28/2018 at 09:15 AM before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 10/8/2018.(lrf)
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| Filing 13 ANSWER to #4 Amended Complaint by Midland Credit Management, Inc.. (Attachments: #1 Proof of Service)(Landers, Thomas)(sjt). |
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Filing 12
ORDER Denying #6 Defendant's Motion to Dismiss. Signed by Judge M. James Lorenz on 9/13/2018. (lrf)
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| Filing 11 REPLY - Other re #10 Response in Opposition to Motion, #6 MOTION to Dismiss for Failure to State a Claim filed by Midland Credit Management, Inc.. (Attachments: #1 Proof of Service)(Landers, Thomas) (anh). |
| Filing 10 RESPONSE in Opposition re #6 MOTION to Dismiss for Failure to State a Claim filed by Sky D. Shadow. (Friedman, Todd) (sjt). |
| Filing 9 MINUTE ORDER OF RECUSAL. Magistrate Judge Barbara Lynn Major is no longer assigned. Case reassigned to Magistrate Judge Mitchell D. Dembin for all further proceedings. The new case number is 17cv2277-L(MDD).(no document attached) (jao) |
| Filing 8 NOTICE of Appearance by Mei-Ying M. Imanaka on behalf of Midland Credit Management, Inc. (Attachments: #1 Proof of Service)(Imanaka, Mei-Ying)Attorney Mei-Ying M. Imanaka added to party Midland Credit Management, Inc.(pty:dft) (sjt). |
| Filing 7 NOTICE of Party With Financial Interest by Midland Credit Management, Inc. . Identifying Corporate Parent Encore Capital Group, Inc. for Midland Credit Management, Inc.. (Attachments: #1 Proof of Service)(Landers, Thomas)(sjt). |
| Filing 6 MOTION to Dismiss for Failure to State a Claim by Midland Credit Management, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit Exhibit 1 to RJN, #4 Exhibit Exhibit 2 to RJN, #5 Exhibit Exhibit 3 to RJN, #6 Exhibit Exhibit 4 to RJN, #7 Exhibit Exhibit 5 to RJN, #8 Exhibit Exhibit 6 to RJN, #9 Proof of Service)(Landers, Thomas)Attorney Thomas F Landers added to party Midland Credit Management, Inc.(pty:dft) (sjt). |
| Filing 5 WAIVER OF SERVICE Returned Executed by Sky D. Shadow, as to Midland Credit Management, Inc.. (Friedman, Todd) (sjt). |
| Filing 4 AMENDED COMPLAINT with Jury Demand against Midland Credit Management, Inc., filed by Sky D. Shadow. (Attachments: #1 Exhibit) (Friedman, Todd)(mxn). |
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Filing 3
Minute ORDER: Judge Marilyn L. Huff hereby recuses from this case and directs the Clerk to randomly reassign this matter to another district judge. Case randomly reassigned to Judge M. James Lorenz for all further proceedings. Judge Marilyn L. Huff is no longer assigned to this case. The new case number is 17-cv-2277-L-BLM. SO ORDERED by Judge Marilyn L. Huff on 11/13/2017. (no document attached) (smy)
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| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (anh)(jrd) |
| Filing 1 COMPLAINT with Jury Demand against Midland Credit Management, Inc. ( Filing fee $ 400 receipt number 0974-10615454.), filed by Sky D. Shadow. (Attachments: #1 Civil Case Cover Sheet)The new case number is 3:17-cv-02277-H-BLM. Judge Marilyn L. Huff and Magistrate Judge Barbara Lynn Major are assigned to the case. (Friedman, Todd)(anh)(jrd) |
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