Wade v. RCS Recovery Services, LLC et al
| Anthony Wade |
| Brian Dawson, Brendan Ozanne, RCS Recovery Services, LLC, Brendan Ozanne doing business as Dawson & Ozanne, Attorneys at Law and Brian Dawson doing business as Dawson & Ozanne, Attorneys at Law |
| 3:2019cv02016 |
| October 21, 2019 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Jill L Burkhardt |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.
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Filing 34
ORDER Granting #33 Joint Motion to Dismiss. Each party shall bear its own costs, expenses, and fees. Signed by Judge Roger T. Benitez on 7/9/2020. (mme)(jrd)
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| Filing 33 Joint MOTION to Dismiss Individual Claims With Prejudice And The Putative Class Claims Without Prejudice by Anthony Wade. (Mankin, L.) (mme). |
| Filing 32 Minutes of proceedings before Magistrate Judge Jill L. Burkhardt: On May 28, 2020, Plaintiff filed a Notice of Settlement. (ECF No. 30.) Accordingly, IT IS HEREBY ORDERED: 1. A Joint Motion for Dismissal shall be electronically filed on or before July 8, 2020.1 On the same day the Joint Motion for Dismissal is filed, the proposed order for dismissal, for the signature of the Honorable Roger T. Benitez, shall be e-mailed to the chambers of the Honorable Roger T. Benitez. 2. If a Joint Motion for Dismissal and proposed order for dismissal are not submitted on or before July 8, 2020, then a telephonic, counsel-only Settlement Disposition Conference shall be held on July 10, 2020, at 1:45 PM before Magistrate Judge Jill L. Burkhardt. 3. If a Joint Motion for Dismissal and proposed order for dismissal are received on or before July 8, 2020, then the Settlement Disposition Conference shall be vacated without further court order.(mme) |
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Filing 31
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: In light of Plaintiff's filing of a Notice of Settlement (ECF No. #30 ), the telephonic, counsel-only Status Conference set for today, 5/29/2020, at 2:00 PM (ECF No. 29) is hereby VACATED. Further order to follow. (no document attached) (mjg)
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| Filing 30 NOTICE of Settlement In Principle by Anthony Wade (Mankin, L.) (mme). |
| Filing 29 MINUTE ORDER for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic, counsel-only Status Conference held on 4/9/2020. The Court hereby SETS a telephonic, counsel-only Status Conference regarding settlement discussions for 5/29/2020, at 2:00 PM before Judge Burkhardt. For purposes of the Conference, all participating counsel shall call the Court's teleconference line at 877-873-8018 and use access code 9930765. (Plaintiff Attorney L. Paul Mankin) (Defendant Attorney Brendan Ozanne) (no document attached) (mjg) |
| Filing 28 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic, counsel-only Status Conference held on 3/25/2020. The Court hereby SETS a telephonic, counsel-only Status Conference regarding settlement discussions for 4/9/2020, at 9:00 AM before Judge Burkhardt. For purposes of the Conference, all participating counsel shall call the Court's teleconference line at 877-873-8018 and use access code 9930765. (Plaintiff Attorney L. Paul Mankin) (Defendant Attorney Brendan Ozanne) (no document attached) (mjg) |
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Filing 27
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The Court hereby SETS a telephonic, counsel-only Status Conference regarding settlement discussions for 3/25/2020, at 11:30 AM before Judge Burkhardt. For purposes of the Conference, all participating counsel shall call the Court's teleconference line at 877-873-8018 and use access code 9930765. (no document attached) (mjg)
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Filing 26
ORDER Granting Joint Motion for Dismissal of Defendant RCS Recovery Services, LLC as a Party to the Action. (Doc. No. #24 ). RCS Recovery Services, LLC terminated. Signed by Judge Roger T. Benitez on 3/12/20. (jmo) (dlg).
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| Filing 25 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation Conference held on 3/11/2020. The case did not settle. (Plaintiff Attorney G. Thomas Martin; L. Paul Mankin; Nicholas Dahl (not listed as an attorney of record)) (Defendant Attorney Brian Dawson; Brendan Ozanne) (Anthony Wade) (no document attached) (mjg) |
| Filing 24 Joint MOTION to Dismiss Party Defendant RCS Recovery Services, LLC by Anthony Wade. (Bontrager, Nicholas) (tcf). |
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Filing 23
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The Court is in receipt of Defendants' ENE Statement. No later than 3/4/2020, Defendants shall LODGE a supplement to their ENE Statement such that it complies with II.A. of Judge Burkhardt's Civil Chambers Rules and the Court's 11/29/2019 Order (ECF No. #9 ), which direct: "The settlement positions must include a specific and current demand or offer addressing all relief or remedies sought. If a specific demand or offer cannot be made at the time the statement is lodged, then the reasons therefor must be stated along with a statement as to when the party will be in a position to state a demand or offer. A general statement that a party will 'negotiate in good faith,' 'offer a nominal cash sum,' or 'be prepared to make an offer at the conference' is not a specific demand or offer." (no document attached) (mjg)
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Filing 22
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation ("ENE") Statements were due to the Court no later than 2/28/2020. (ECF No. 21.) The Court is not in receipt of Defendants' ENE Statement. Accordingly, no later than 3/3/2020, Defendants shall LODGE their ENE Statement via e-mail at efile_Burkhardt@casd.uscourts.gov. Defendants' ENE Statement shall address why it is being lodged after the Court-ordered deadline. Further, no later than 3/3/2020, Plaintiff shall LODGE a supplement to his ENE Statement such that it complies with II.A. of Judge Burkhardt's Civil Chambers Rules and the Court's 11/29/2019 Order (ECF No. #9 ), which direct: "The statement shall also list all attorney and non-attorney conference attendees for that side, including the name(s) and title(s)/position(s) of the party/party representative(s) who will attend and have settlement authority at the conference." The parties should otherwise consult and ensure that their ENE Statements comply with Chambers Rules and the Court's 11/29/2019 Order (ECF No. #9 ). (mjg) (no document attached)
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Filing 21
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The parties' Joint Motion to Continue Early Neutral Evaluation Conference (ECF No. #20 ) is hereby GRANTED. Accordingly, the ENE previously set for 3/3/2020 (ECF No. 16) is hereby RESET for 3/11/2020, at 1:45 PM in the chambers of Judge Burkhardt. The deadline to LODGE ENE Statements with the Court is hereby RESET to 2/28/2020. This Order does not otherwise alter the mandatory directions, dates, and deadlines set forth in the Court's 11/29/2019 Order (ECF No. #9 ). (no document attached) (mjg)
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| Filing 20 Joint MOTION to Continue Early Neutral Evaluation Conference by Brendan Ozanne. (Ozanne, Brendan)Attorney Brendan Ozanne added to party Brendan Ozanne (pty:dft) (mme). |
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Filing 19
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Due to a conflict in the Court's calendar, the TIME of the 3/3/2020 Early Neutral Evaluation Conference is hereby RESET for 2:00 PM in the chambers of Judge Burkhardt. (no document attached) (mjg)
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Filing 18
ORDER: (1) Granting #17 Joint Motion for Protective Order; and (2) Entering Stipulated Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 1/28/2020. (mme)
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| Filing 17 Joint MOTION for Protective Order by Brian Dawson. (Dawson, Brian)Attorney Brian Christopher Dawson added to party Brian Dawson (pty:dft) |
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Filing 16
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Due to a conflict in the Court's calendar, the Early Neutral Evaluation Conference previously set for 2/27/2020 (ECF No. 12) is hereby RESET for 3/3/2020, at 1:45 PM in the chambers of Judge Burkhardt. Accordingly, the deadline to LODGE ENE Statements with the Court is hereby RESET to 2/21/2020. This Order does not otherwise alter the mandatory directions, dates, and deadlines set forth in the Court's 11/29/2019 Order (ECF No. #9 ) and 12/20/2019 Order (ECF No. 12). (no document attached) (mjg)
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Filing 15
SCHEDULING ORDER Regulating Discovery and Other Pretrial Proceedings. Signed by Magistrate Judge Jill L. Burkhardt on 1/10/2020.(mme)
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| Filing 14 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic, counsel-only Case Management Conference held on 1/9/2020 re ECF No. 12. Scheduling Order to follow. (Plaintiff Attorney Nicholas J. Bontrager) (Defendant Attorney Brendan Ozanne) (no document attached) (mjg) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting. (Bontrager, Nicholas) (mme). |
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Filing 12
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: For good cause shown, the parties' Joint Motion to Continue Early Neutral Evaluation ("ENE") Conference (ECF No. #11 ) is hereby GRANTED. Accordingly, the ENE previously set for 1/9/2020 (ECF No. #9 ) is hereby RESET for 2/27/2020, at 1:45 PM in the chambers of Judge Burkhardt. The deadline to lodge ENE statements with the Court is hereby RESET to 2/17/2020. Additionally, the Case Management Conference ("CMC") is hereby CONVERTED to a telephonic, counsel-only CMC and remains set for 1/9/2020, at 1:45 PM before Judge Burkhardt. For purposes of the CMC, counsel for the parties shall place a joint call to Judge Burkhardt's chambers with all participating counsel already on the line. This Order does not otherwise alter the mandatory directions, dates, and deadlines set forth in the Court's 11/29/2019 Order (ECF No. #9 ). (no document attached) (mjg)
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| Filing 11 Joint MOTION to Continue Early Neutral Evaluation (ENE) Conference by Anthony Wade. (Bontrager, Nicholas) (mme). |
| Filing 10 NOTICE of Appearance by Brian Christopher Dawson on behalf of RCS Recovery Services, LLC (Dawson, Brian)Attorney Brian Christopher Dawson added to party RCS Recovery Services, LLC(pty:dft) (mme). |
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Filing 9
NOTICE AND ORDER: (1) FOR EARLY NEUTRAL EVALUATION CONFERENCE, (2) SETTING RULE26 COMPLIANCE AND CASE MANAGEMENT CONFERENCE:Joint Discovery Plan due 12/30/2019. Early Neutral Evaluation and Case Management Conference set for 1/9/2020 at 01:45 PM before Magistrate Judge Jill L. Burkhardt. Signed by Magistrate Judge Jill L. Burkhardt on 11/29/2019.(sjm)
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| Filing 8 NOTICE of Appearance by Nicholas J. Bontrager on behalf of Anthony Wade (Bontrager, Nicholas)Attorney Nicholas J. Bontrager added to party Anthony Wade(pty:pla) (mme). (Main Document 8 replaced on 11/27/2019 to flatten document) (mme). |
| Filing 7 NOTICE of Appearance by George Thomas Martin, III on behalf of Anthony Wade (Martin, George)Attorney George Thomas Martin, III added to party Anthony Wade(pty:pla) (mme). (Main Document 7 replaced on 11/27/2019 to flatten document) (mme). |
| Filing 6 ANSWER to #1 Complaint, with Jury Demand by Brian Dawson.(Dawson, Brian) (mme). |
| Filing 5 SUMMONS Returned Executed by Anthony Wade. Brendan Ozanne served. (Mankin, L.) (mme). |
| Filing 4 SUMMONS Returned Executed by Anthony Wade. Brian Dawson served. (Mankin, L.) (mme). |
| Filing 3 SUMMONS Returned Executed by Anthony Wade. RCS Recovery Services, LLC served. (Mankin, L.) (mme). |
| 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. (smd) |
| Filing 1 COMPLAINT with Jury Demand against Brian Dawson, Brendan Ozanne, RCS Recovery Services, LLC filed by Anthony Wade (Filing fee $ 400 receipt number 0974-13076962). (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-2016-BEN-JLB. Judge Roger T. Benitez and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Mankin, L.)(smd) (sjt). |
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