BUCHANNON v. ASSOCIATED CREDIT SERVICES INC
| NOBLE T BUCHANNON |
| ASSOCIATED CREDIT SERVICES INC |
| 3:2020cv02245 |
| November 16, 2020 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Linda Lopez |
| Other Statutory Actions |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2021. A more recent docket listing may be available from PACER.
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Filing 20
Case transferred in from District of Florida Northern; Case Number 4:20-cv-00402. Original file received electronically
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Filing 21
Judge Roger T. Benitez and Magistrate Judge Linda Lopez assigned to transfer case from Northern District of Florida. (no document attached) (jpp)
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Filing 19
ORDER RESCINDING IN PART ORDER ON #5 MOTION TO DISMISS AND #17 GRANTING UNOPPOSED MOTION TO TRANSFER. Buchannon's motion to transfer (ECF No. #17 ) is GRANTED. The October 29, 2020 order is rescinded to the extent it dismissed the complaint. The clerk will take the necessary steps to transfer this case to the United States District Court for the Southern District of California. The clerk will then close the file. Signed by JUDGE ALLEN C WINSOR on 11/16/2020. (rcb) [Transferred from Florida Northern on 11/18/2020.]
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Filing 18
RESPONSE TO MOTION TO TRANSFER (BURNETTE, LAUREN) Modified to edit title on 11/10/2020 (rcb). [Transferred from Florida Northern on 11/18/2020.]
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Filing 17
MOTION to Transfer Case to United States District Court for the Southern District of California by NOBLE T. BUCHANNON. (Internal deadline for referral to judge if response not filed earlier: 11/23/2020). (PONDER, BRIAN) [Transferred from Florida Northern on 11/18/2020.]
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Filing 16
ORDER GRANTING #5 MOTION TO DISMISS. The motion to dismiss (ECF No. #5 ) is GRANTED, and the complaint (ECF No. #1 ) is DISMISSED. Within ten days (11/9/2020), Buchannon must either (1) move for leave to amend the complaint, specifically setting out what additional facts he could allege that would support personal jurisdiction,2 or (2) move to transfer the case to another district, setting out why a transfer (rather than dismissal) would be in the interest of justice. See 28 U.S.C. 1631. In either instance, he must confer with ACS before moving. See N.D. Fla. Loc. R. 7.1. If he files neither a timely motion for leave to amend nor a timely motion to transfer, the complaint will be dismissed with prejudice. Signed by JUDGE ALLEN C WINSOR on 10/29/2020. (rcb) Modified to edit filing date on 11/3/2020 (rcb). [Transferred from Florida Northern on 11/18/2020.]
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Filing 15
REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR LACK OF PERSONAL JURISDICTION PURSUANT TO FED. R. CIV. P. 12(B)(2) (BURNETTE, LAUREN) Modified to edit title on 10/20/2020 (rcb). [Transferred from Florida Northern on 11/18/2020.]
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Filing 14
ORDER GRANTING #13 LEAVE TO REPLY. Defendant's unopposed motion for leave to reply (ECF No. #13 ) is GRANTED. No later than 10/19/2020, Defendant may file a reply not to exceed 3,000 words to Plaintiff's response (ECF No. #12 ). Signed by JUDGE ALLEN C WINSOR on 10/07/2020. (rcb) [Transferred from Florida Northern on 11/18/2020.]
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Filing 13
CONSENT MOTION FOR LEAVE TO FILE REPLY MEMORANDUM. (BURNETTE, LAUREN) Modified to edit title on 10/7/2020 (rcb). [Transferred from Florida Northern on 11/18/2020.]
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: #5 MOTION to Dismiss for Lack of Jurisdiction , #12 Memorandum in Opposition to Motion, Staff Notes (Email on 9/2/2020) (rcb)**An ISO is needed** [Transferred from Florida Northern on 11/18/2020.]
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Filing 12
PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S #5 MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR LACK OF PERSONAL JURISDICTION PURSUANT TO FED. R. CIV. P. 12(b)(2) (Attachments: #1 Exhibit A - Defendant's FL SOS filings 2000-2020 (public record)) (PONDER, BRIAN) Modified to edit title on 10/5/2020 (rcb). Modified on 10/7/2020 (tss). [Transferred from Florida Northern on 11/18/2020.]
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Filing 11
ORDER STRIKING #9 AMENDED COMPLAINT, GRANTING #6 MOTION FOR JUDICIAL NOTICE, AND ORDERING RESPONSE TO #5 MOTION TO DISMISS. The motion for judicial notice, ECF No. #6 , is GRANTED. The first amended complaint, ECF No. #9 , is STRICKEN as unauthorized. Plaintiff must file a response to the motion to dismiss no later than 10/2/2020. Signed by JUDGE ALLEN C WINSOR on 9/28/2020. (rcb) [Transferred from Florida Northern on 11/18/2020.]
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Filing 10
OBJECTION TO DEFENDANT'S MOTION TO DISMISS. (PONDER, BRIAN) Modified to edit title on 9/28/2020 (rcb). [Transferred from Florida Northern on 11/18/2020.]
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Filing 9
***STRICKEN PER ECF #11 ** AMENDED COMPLAINT AND JURY DEMAND (Attachments: #1 Exhibit A - Defendant's FL SOS filings 2000-2020, #2 Exhibit B -Redacted copy of the letter sent by Plaintiff, on or about April 209, 2020, to Defendant) (PONDER, BRIAN) Modified to edit title & link ECF #11 on 9/28/2020 (rcb). . [Transferred from Florida Northern on 11/18/2020.]
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Filing 8
RESPONSE TO DEFENDANT'S MOTION FOR JUDICIAL NOTICE (PONDER, BRIAN) Modified to edit title on 9/28/2020 (rcb). [Transferred from Florida Northern on 11/18/2020.]
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Filing 7
ORDER REQUIRING RESPONSE signed by JUDGE ALLEN C WINSOR on 9/18/20. Plaintiff must file responses to #5 Motion to Dismiss for Lack of Personal Jurisdiction and #6 Motion for Judicial Notice by 9/25/2020. (tss) [Transferred from Florida Northern on 11/18/2020.]
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Filing 6
DEFENDANT'S MOTION FOR JUDICIAL NOTICE OF EXHIBITS (Attachments: #1 Exhibit A - Letter) (BURNETTE, LAUREN) Modified to edit title on 9/1/2020 (rcb). [Transferred from Florida Northern on 11/18/2020.]
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Filing 5
DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR LACK OF PERSONAL JURISDICTION PURSUANT TO FED. R. CIV. P. 12(B)(2) WITH INCORPORATED MEMORANDUM OF LAW. (Attachments: #1 Exhibit A - Letter) (BURNETTE, LAUREN) Modified to edit title on 9/1/2020 (rcb). [Transferred from Florida Northern on 11/18/2020.]
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Filing 4
Return of Service served on Defendant Associated Credit Services, Inc. on August 11, 2020, filed by NOBLE T. BUCHANNON. (PONDER, BRIAN) Modified to edit title on 9/1/2020 (rcb). [Transferred from Florida Northern on 11/18/2020.]
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Filing 3
Summons Issued as to ASSOCIATED CREDIT SERVICES, INC.. (rcb) [Transferred from Florida Northern on 11/18/2020.]
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Filing 2
CIVIL COVER SHEET. (Attachments: #1 SUMMONS FOR ASSOCIATED CREDIT SERVICES, INC.) (PONDER, BRIAN) [Transferred from Florida Northern on 11/18/2020.]
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Filing 1
COMPLAINT AND JURY DEMAND against ASSOCIATED CREDIT SERVICES, INC. ( Filing fee $ 400 receipt number AFLNDC-5570301.), filed by NOBLE T. BUCHANNON. (Attachments: #1 Civil Cover Sheet) (PONDER, BRIAN) Modified to edit title on 8/10/2020 (rcb). [Transferred from Florida Northern on 11/18/2020.]
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| Defendant: ASSOCIATED CREDIT SERVICES INC | |
| Represented By: | Lauren Marshall Burnette |
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| Plaintiff: NOBLE T BUCHANNON | |
| Represented By: | BRIAN LAMAR PONDER |
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