McGraw v. Pacifica Ashwood LLC et al
Randall Scott McGraw |
Experian Information Solutions, Inc., Equifax, Inc., Pacifica Ashwood LLC, Contemporary Information Corp., Transunion, LLC and Yardi Systems, Inc. |
3:2020cv00954 |
May 22, 2020 |
US District Court for the Southern District of California |
Michael M Anello |
Karen S Crawford |
Other Statutory Actions |
15 U.S.C. § 1681 |
Plaintiff |
Docket Report
This docket was last retrieved on May 18, 2021. A more recent docket listing may be available from PACER.
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Filing 68 ORDER Granting #67 Joint Motion to Dismiss. Good cause appearing and pursuant to Federal Rule of Civil Procedure 41(a)(1), the Court GRANTS the parties' joint motion and DISMISSES this action with prejudice. The Court DIRECTS the Clerk of Court to close the case in its entirety. Each party bears its own attorneys' fees and costs. Signed by Judge Michael M. Anello on 5/18/2021. (All non-registered users served via U.S. Mail Service)(tcf) |
Filing 67 Joint MOTION to Dismiss Action with Prejudice as to All Claims and Parties by Pacifica Ashwood LLC. (Wickham, Dennis) (tcf). |
Filing 66 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: The Court held a telephonic Settlement Disposition Conference (SDC) on May 7, 2021. Good cause appearing, the Court hereby sets a further telephonic SDC for June 4, 2021 at 10:30 a.m. To participate in the conference, counsel should call 1-877-873-8017 and use the access code 2924630. If a joint motion for dismissal is filed before June 4, 2021, the SDC will be taken off calendar without further order of the Court. (Settlement Disposition Conference set for 6/4/2021 10:30 AM before Magistrate Judge Karen S. Crawford.)(Plaintiff Attorney Alan Gudino). (Defendant Attorney Dennis Wickham, Ryan Fischbach). (no document attached) (src) |
Filing 65 Minute Order for proceedings before Magistrate Judge Karen S. Crawford. A Mandatory Settlement Conference was held on 3/25/21. The Court will hold a telephonic Settlement Disposition Conference (SDC) with counsel for the parties on 5/7/21 at 10:30 a.m. To participate in the conference, counsel should call 1-877-873-8017 and use the access code 2924630. If a joint motion for dismissal is filed before 5/7/21, the SDC will be taken off calendar without further order of the Court. Mandatory Settlement Conference held on 3/25/2021. (Plaintiff Attorney Yana Hart, Alan Gudino).(Defendant Attorney Dennis Wickham, Ryan Fischbach). (no document attached) (src) |
Filing 64 PROTECTIVE ORDER. Signed by Magistrate Judge Karen S. Crawford on 3/5/2021. (tcf) |
Filing 63 ORDER granting #62 Motion for Protective Order. Good cause appearing, the Motion for Protective Order is GRANTED. The Court approves the parties' proposed protective order, which will be entered separately on the docket. The parties are directed to review Judge Crawford's Civil Pretrial Procedures and Chambers' Rules, pursuant to which the Motion should have been filed as a Joint Motion. Going forward, failure to comply with the Court's procedures may result in documents being rejected. Signed by Magistrate Judge Karen S. Crawford on 3/5/21. (no document attached) (src) |
Filing 62 MOTION for Protective Order by Yardi Systems, Inc. (Attachments: #1 Exhibit A to Stipulated Protective Order)(Fischbach, Ryan) (tcf). |
Filing 61 AMENDED SCHEDULING ORDER. A Status Conference was held in this matter on 2/11/2021. The telephonic Settlement Conference is set for 3/25/2021 at 9:30 AM before Magistrate Judge Karen S. Crawford. A Mandatory Settlement Conference is set for 9/14/2021 at 9:30 AM before Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 2/16/2021. (tcf) |
Filing 60 ORDER Setting Status Conference. IT IS HEREBY ORDERED THAT the Court will hold a telephonic status conference with counsel on 2/12/2021 at 11:00 AM before Magistrate Judge Karen S. Crawford. IT IS FURTHER ORDERED THAT on or before 2/8/2021, the parties shall submit a Joint Status Report of no more than 6 pages. Signed by Magistrate Judge Karen S. Crawford on 1/28/2021. (tcf) |
Filing 59 ANSWER to #49 Amended Complaint by Yardi Systems, Inc. (Fischbach, Ryan) (tcf). |
Filing 58 ORDER Vacating Scheduling Order Deadlines and Denying as Moot Joint Motion for Continuance [Doc. No. #55 ]. The Court will issue a revised Scheduling Order when Yardi's responsive pleading, if any, is on file. The remaining dates in the August 19, 2020 Scheduling Order [Doc. No. #29 ] are hereby VACATED. The parties' Joint Motion for Continuance of Scheduling Order Deadlines [Doc. No. #55 ] is DENIED AS MOOT. Signed by Magistrate Judge Karen S. Crawford on 1/6/2021. (tcf) |
Filing 57 ORDER Re: Stipulation to Extend Deadline to Answer or Respond to First Amended Complaint [Doc. No. #54 ]. Good cause appearing, the Court GRANTS the parties' joint motion and ORDERS that Yardi answer or otherwise respond to the FAC on or before 1/25/2021. Signed by Judge Michael M. Anello on 1/4/2021. (tcf) |
Filing 56 ORDER Finding Moot Parties' Joint Motion for Dismissal [Doc. No. #53 ]. Signed by Judge Michael M. Anello on 1/4/2021. (tcf) |
Filing 55 Joint MOTION to Continue Scheduling Order Deadlines by Randall Scott McGraw. (Gudino, Alan) (tcf). |
Filing 54 MOTION for Extension of Time to File Answer re #49 Amended Complaint by Yardi Systems, Inc.. (Fischbach, Ryan)Attorney Ryan David Fischbach added to party Yardi Systems, Inc.(pty:dft) (tcf). |
Filing 53 Joint MOTION to Dismiss with Prejudice by Transunion, LLC. (Bergh, Jennifer) (tcf). |
Filing 52 ORDER Denying #51 Motion for Continuance of Scheduling Order Deadlines. Signed by Magistrate Judge Karen S. Crawford on 12/21/2020. (tcf) |
Filing 51 Joint MOTION to Continue Scheduling Order Deadlines by Randall Scott McGraw. (Attachments: #1 Certificate of Service)(Gudino, Alan) (tcf). |
Filing 50 Summons Issued as to First Amended Complaint. 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. (tcf) |
Filing 49 FIRST AMENDED COMPLAINT with Jury Demand against Contemporary Information Corp., Pacifica Ashwood LLC, Transunion, LLC, Yardi Systems, Inc., filed by Randall Scott McGraw. (tcf) |
Filing 48 ORDER Granting #47 Joint Motion for Leave to File First Amended Complaint. Good cause appearing, the Court GRANTS the parties' joint motion. Accordingly, the Court DIRECTS the Clerk of Court to file Plaintiff's FAC (Doc. No. #47 -1 at 3-16) as a separate docket entry. Pursuant to the parties' motion, Pacifica's Answer to the original Complaint is deemed to be its Answer to the FAC. Signed by Judge Michael M. Anello on 12/10/2020. (tcf) |
Filing 47 Joint MOTION for Leave to File First Amended Complaint by Randall Scott McGraw. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Gudino, Alan) (tcf). |
Filing 46 Joint MOTION to Dismiss Experian Information Solutions, Inc. and Equifax Information Services LLC With Prejudice by Randall Scott McGraw. (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf) |
Filing 45 NOTICE of Voluntary Dismissal by Randall Scott McGraw of Defendants Equifax, Inc. and Experian Information Solutions, Inc. ONLY With Prejudice (Attachments: #1 Certificate of Service)(Hart, Yana) QC mailer sent re: Experian Information Solutions, Inc., joint motion required to dismiss party (tcf) |
Filing 44 ORDER granting #43 Motion Continuance. For good cause appearing, the Court GRANTS the parties' Joint Motion to Continue Deadline to Contact Chambers Regarding Discovery Disputes (Doc. No. 43). The parties shall continue to meet and confer in good faith regarding defendant Pacifica Ashwoods responses to plaintiff's discovery requests served on August 20, 2020 (the "discovery disputes"). If any discovery disputes are not resolved after further meet and confer, the parties shall contact the Court to schedule a pre-motion conference no later than November 30, 2020. No further extensions will be granted as to this discovery dispute. SO ORDERED. Signed by Magistrate Judge Karen S. Crawford on 11/19/20. (no document attached) (src) |
Filing 43 Joint MOTION to Extend the Time to Contact the Court Regarding Discovery Disputes by Randall Scott McGraw. (Attachments: #1 Certificate of Service)(Gudino, Alan) (tcf). |
Filing 42 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: A Settlement Disposition Conference ("SDC") was held on November 13, 2020. The Court conferred with counsel and was apprised of the status of the settlement as between plaintiff and defendants Equifax, Inc. and Experian Information Solutions, Inc. (the "Settling Defendants"). The Court will hold another telephonic SDC on December 4, 2020 at 9:30 a.m. To participate in the SDC, counsel must call 1-877-873-8017 and dial access code 2924630. If a joint motion for dismissal of the Settling Defendants is filed before December 4, 2020, the SDC will be vacated. (Settlement Disposition Conference set for 12/4/2020 09:30 AM before Magistrate Judge Karen S. Crawford.)(Plaintiff Attorney Yana Hart). (Defendant Attorney Anthony Fares; Maura Bragg). (no document attached) (src) |
Filing 41 ANSWER to #1 Complaint, with Jury Demand by Pacifica Ashwood LLC. (Wickham, Dennis) (tcf). |
Filing 40 NOTICE of Appearance by Alan Gudino on behalf of Randall Scott McGraw (Attachments: #1 Certificate of Service)(Gudino, Alan)Attorney Alan Gudino added to party Randall Scott McGraw(pty:pla) (tcf). |
Filing 39 NOTICE OF WITHDRAWAL OF DOCUMENT by Randall Scott McGraw . (Attachments: #1 certificate of Service)(Gudino, Alan) (tcf). |
Filing 38 ***Document withdrawn per ECF #39 *** NOTICE of Appearance of Attorney Alan Gudino for Defendant Randall Scott McGraw by Yana A. Hart on behalf of Randall Scott McGraw (Attachments: #1 Certificate of Service)(Hart, Yana) QC mailer sent re: attorney's signature does not match CM/ECF account (tcf). Modified to withdraw document on 11/3/2020 (tcf). |
Filing 37 ORDER setting Settlement Disposition Conference. The parties report a settlement was reached with defendants Equifax, Inc. and Experian Information Solutions, Inc. (the "Settling Defendants"). Doc. Nos. 22, 28. As the parties have not filed a joint motion for dismissal as to either of the Settling Defendants, the Court will hold a telephonic Settlement Disposition Conference (SDC) with counsel for plaintiff and the Settling Defendants on November 13, 2020 at 10:00 a.m. To participate in the SDC, counsel must call 1-877-873-8017 and dial access code 2924630. If a joint motion for dismissal of the Settling Defendants is filed before November 13, 2020, the SDC will be vacated. (Settlement Disposition Conference set for 11/13/2020 10:00 AM before Magistrate Judge Karen S. Crawford.)(no document attached) (src) |
Filing 36 ORDER Granting in Part and Denying in Part #23 Defendant Pacifica Ashwood LLC's Motion to Dismiss. The Court GRANTS Pacifica's motion and DISMISSES Plaintiff's financial abuse of a dependent adult and eviction and retaliation claims without leave to amend. The Court DENIES Pacifica's motion to dismiss Plaintiff's FCRA and CCCRA claims. Signed by Judge Michael M. Anello on 10/23/2020. (tcf) |
Filing 35 ORDER granting #34 Motion to Continue. For good cause appearing, the Court GRANTS the parties' Joint Motion to Continue Deadline to Contact Chambers Regarding Discovery Dispute (Doc. No. 34). It is hereby ORDERED that (1) the parties shall continue to meet and confer in good faith regarding defendant Pacifica Ashwood LLC's responses to plaintiff's discovery requests served on August 20, 2020 (the "discovery disputes"); (2) such meet and confer may take place after the 14-day deadline set forth in Judge Crawford's Chambers Rules; and (3) if any discovery disputes are not resolved after further meet and confer, the parties shall contact the Court to schedule a pre-motion conference no later than November 20, 2020. SO ORDERED. Signed by Magistrate Judge Karen S. Crawford on 10/22/20. (no document attached) (src) |
Filing 34 Joint MOTION to Continue Deadline for Parties to Contact Chambers Regarding Discovery Dispute by Randall Scott McGraw. (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf). |
Filing 33 Minute Order Taking Motion Under Submission: Defendant Pacifica Ashwood LLC's #23 MOTION to Dismiss is currently set for hearing on August 31, 2020. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7.1.d.1. Accordingly, no appearances are required, and the hearing is taken off calendar. SO ORDERED by Judge Michael M. Anello on August 26, 2020. (no document attached) (mxt) |
Filing 32 ORDER approving #30 Defendant Pacifica Ashwood LLC's Motion to Substitute Attorney Dennis J Wickham in place of Thomas Preston Sayer, Jr.. Signed by Judge Michael M. Anello on 8/24/2020. (jpp) |
Filing 31 REPLY to Response to Motion re #23 MOTION to Dismiss for Failure to State a Claim filed by Pacifica Ashwood LLC. (Wickham, Dennis) (jpp). |
Filing 30 MOTION to Substitute Attorney by Pacifica Ashwood LLC. (Wickham, Dennis)Attorney Dennis J Wickham added to party Pacifica Ashwood LLC(pty:dft) (jpp). |
Filing 29 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Case Management Conference was held on August 17, 2020. A Mandatory Settlement Conference will be conducted on May 3, 2021 at 9:30 a.m. in the chambers of Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 8/19/2020. (tcf) |
Filing 28 NOTICE of Settlement Joint Notice of Settlement Between Plaintiff and Defendant Experian Information Solutions, Inc. by Experian Information Solutions, Inc. (Fares, Anthony) (tcf). |
Filing 27 RESPONSE in Opposition re #23 MOTION to Dismiss for Failure to State a Claim filed by Randall Scott McGraw. (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf). |
Filing 26 ORDER granting #25 Motion to Continue. On the parties joint motion and for good cause shown, the Early Neutral Evaluation and Case Management Conference set for 8/17/20 at 2:00 p.m. will now take place on 8/17/20 at 3:00 p.m. THIS IS A TIME CHANGE ONLY. All other dates, deadlines and instructions set forth in the Courts June 30, 2020 Notice and Order Setting Early Neutral Evaluation Conference; Rule 26 Compliance; and Case Management Conference (Doc. No. 10) remain in effect. Case Management Conference set for 8/17/2020 03:00 PM before Magistrate Judge Karen S. Crawford. Early Neutral Evaluation set for 8/17/2020 03:00 PM before Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 8/7/20. (no document attached) (src) |
Filing 25 Joint MOTION to Continue Early Neutral Evaluation Conference by Experian Information Solutions, Inc. (Fares, Anthony) (tcf). |
Filing 24 JOINT DISCOVERY PLAN by Randall Scott McGraw (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf). |
Filing 23 MOTION to Dismiss for Failure to State a Claim by Pacifica Ashwood LLC. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Sayer, Thomas) (tcf). |
Filing 22 NOTICE of Settlement as to Defendant Equifax, Inc., only by Randall Scott McGraw (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf). |
Filing 21 ORDER Granting #20 Joint Motion to Extend Deadline to Answer or Respond to Complaint. The Court GRANTS the parties' joint motion and ORDERS that Pacifica answer or otherwise respond to the Complaint on or before August 3, 2020. Any further extension requests should be made pursuant to Rule 6(b)(1)(A) prior to the deadline. Signed by Judge Michael M. Anello on 7/21/2020. (tcf) |
Filing 20 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Pacifica Ashwood LLC. (Sayer, Thomas)Attorney Thomas Preston Sayer, Jr added to party Pacifica Ashwood LLC(pty:dft) (tcf). |
Filing 19 ORDER Granting #18 Parties' Joint Motion for Dismissal of Defendant Transunion, LLC. Good cause appearing, the Court GRANTS the parties' joint motion and DISMISSES this action as to only Defendant Transunion, LLC without prejudice. Each party bears its own attorneys' fees and costs. Signed by Judge Michael M. Anello on 7/8/2020. (tcf) |
Filing 18 Joint MOTION to Dismiss Party , TransUnion, LLC, only, without Prejudice by Randall Scott McGraw. (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf). |
Filing 17 NOTICE of Party With Financial Interest by Transunion, LLC . Identifying Corporate Parent Transunion, Corporate Parent TransUnion Intermediate Holdings, Inc., Other Affiliate T. Rowe Price Group, Inc. for Transunion, LLC. (Bergh, Jennifer) (jmo). |
Filing 16 ANSWER to #1 Complaint, by Transunion, LLC.(Bergh, Jennifer)Attorney Jennifer Rebecca Bergh added to party Transunion, LLC(pty:dft) (jmo). |
Filing 15 ORDER Granting #11 Joint Motion to Extend Deadline to Answer or Respond to Complaint. The Court GRANTS the parties' joint motion and ORDERS that Equifax answer or otherwise respond to the Complaint on or before 8/3/2020. Signed by Judge Michael M. Anello on 6/30/2020. (tcf) |
Filing 14 NOTICE of Party With Financial Interest by Experian Information Solutions, Inc. . Identifying Corporate Parent Experian plc., Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC, Other Affiliate VantageScore Solutions LLC, Other Affiliate OPT-OUT SERVICES LLC for Experian Information Solutions, Inc. (Fares, Anthony) (tcf). |
Filing 13 NOTICE of Party With Financial Interest by Equifax, Inc. . Identifying Corporate Parent Equifax Inc. for Equifax, Inc. (Lloyd, Eric) (tcf). |
Filing 12 Corporate Disclosure Statement by Equifax, Inc. identifying Corporate Parent Equifax Inc. for Equifax, Inc. (Lloyd, Eric) (tcf). |
Filing 11 Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Equifax, Inc. (Lloyd, Eric) Attorney Eric Michael Lloyd added to party Equifax, Inc.(pty:dft) (tcf). |
Filing 10 NOTICE AND ORDER Setting Early Neutral Evaluation Conference; Rule 26 Compliance; and Case Management Conference. An Early Neutral Evaluation is set for 8/17/2020 at 2:00 PM before Magistrate Judge Karen S. Crawford. In the event the case does not settle during the ENE Conference, a Case Management Conference pursuant to Fed. R. Civ. P. 16(b) will be held immediately following the conclusion of the ENE Conference. The Joint Discovery Plan shall be filed on the CM/ECF system and lodged by email on or before 8/10/2020. Signed by Magistrate Judge Karen S. Crawford on 6/30/2020. (tcf) |
Filing 9 ANSWER to #1 Complaint, by Experian Information Solutions, Inc..(Fares, Anthony)Attorney Anthony Fares added to party Experian Information Solutions, Inc.(pty:dft) (tcf). |
Filing 8 NOTICE of Voluntary Dismissal by Randall Scott McGraw of Defendant Contemporary Information Corp. Only without Prejudice (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf). |
Filing 7 SUMMONS Returned Executed by Randall Scott McGraw. Pacifica Ashwood LLC served. (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf). |
Filing 6 SUMMONS Returned Executed by Randall Scott McGraw. Transunion, LLC served. (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf). |
Filing 5 SUMMONS Returned Executed by Randall Scott McGraw. Equifax, Inc. served. (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf). |
Filing 4 SUMMONS Returned Executed by Randall Scott McGraw. Contemporary Information Corp. served. (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf). |
Filing 3 SUMMONS Returned Executed by Randall Scott McGraw. Experian Information Solutions, Inc. served. (Attachments: #1 Certificate of Service)(Hart, Yana) (tcf). |
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. (jmr) (jms). |
Filing 1 COMPLAINT with Jury Demand against Contemporary Information Corp., Equifax, Inc., Experian Information Solutions, Inc., Pacifica Ashwood LLC, Transunion, LLC ( Filing fee $ 400 receipt number ACASDC-13907616.), filed by Randall Scott McGraw. (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-954-MMA-KSC. Judge Michael M. Anello and Magistrate Judge Karen S. Crawford are assigned to the case. (Hart, Yana)(jmr) (jms). |
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