Cruz v. Ally Financial Inc.
| John Cruz |
| Ally Financial Inc. |
| 1:2022cv01895 |
| August 1, 2022 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Consumer Credit |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| None |
Docket Report
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Filing 17
MINUTE ORDER granting Defendant's #15 Amended Motion to Vacate the Court's 10 Minute Order setting a Telephonic Scheduling Conference for 9/27/2022 and all related deadlines. Plaintiff opposed Defendant's Motion without explaining how the request might adversely affect Plaintiff's position and failed to respond to the instant motion. The Court, sua sponte, interprets Defendant's request as a Motion to Stay and considers the factors outlined in String Cheese Incident, LLC v. Stylus Shows, Inc., No. 1:02-CV-01934-LTB-PA, 2006 WL 894955, at *2 (D. Colo. Mar. 30, 2006). The Court, therefore, concludes that a stay in the matter is appropriate pending resolution of Defendants #9 12(b)(6) Motion to Dismiss.SO ORDERED by Magistrate Judge S. Kato Crews on 9/21/2022. Text Only Entry (skclc2).
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| Filing 16 BRIEF in Support of #9 MOTION to Dismiss for Failure to State a Claim Reply in Support and Notice of Non-Opposition filed by Defendant Ally Financial Inc.. (Edwards, Erin) |
| Filing 15 Amended MOTION to Vacate 10 Minute Order,, by Defendant Ally Financial Inc.. (Edwards, Erin) |
| Filing 14 CERTIFICATE of Service by Mail by Clerk of Court re #13 Minute Order, 12 Order, 10 Order, to John Cruz 408 Widger Drive Longmont, CO 80503. Text Only Entry (csarr, ) |
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Filing 13
MINUTE ORDER Re: Notice Regarding Availability of Pro Se Clinic. In light of the Plaintiff's pro se status, the Court finds it necessary to issue this notice of the resources available to pro se litigants. Pro se parties should understand that this is not an exhaustive list of all resources available to a litigant in civil cases. Therefore, these resources should not be relied on as the sole source for a pro se party's litigation needs. Instead, it is a pro se party's duty to diligently participate in this action using their own resources to meet their litigation needs. by Magistrate Judge S. Kato Crews on 8-16-2022. (skclc2, )
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Filing 12
ORDER denying #11 Motion to Vacate. Defendant seeks to vacate the Telephonic Scheduling Conference. The Court notes, however, that Defendant failed to confer with Plaintiff prior to filing its Motion, which is grounds alone for denial. Accordingly, the Motion is DENIED, without prejudice. Defendant has leave to refile after proper conferral with Plaintiff. SO ORDERED by Magistrate Judge S. Kato Crews on 8-16-2022. Text Only Entry (skclc2).
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| Filing 11 MOTION to Vacate 10 Minute Order,, by Defendant Ally Financial Inc.. (Edwards, Erin) |
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Filing 10
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 9-27-2022 at 11:30 am in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, 7 days before the Telephonic Scheduling Conference (on or before 9-20-2022). The Magistrate Judge Consent Form [#6] is due 9-20-2022. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 8-6-2022. Text Only Entry (skclc2).
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| Filing 9 MOTION to Dismiss for Failure to State a Claim by Defendant Ally Financial Inc.. (Edwards, Erin) |
| Filing 8 NOTICE of Entry of Appearance by Erin Elizabeth Edwards on behalf of Ally Financial Inc. (Edwards, Erin) |
| Filing 7 NOTICE of Entry of Appearance by Ethan Geoffrey Ostroff on behalf of Ally Financial Inc.Attorney Ethan Geoffrey Ostroff added to party Ally Financial Inc.(pty:dft) (Ostroff, Ethan) |
| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. Magistrate Consent Form Mailed to Pro Se Litigant via USPS. (norlin, ) |
| Filing 5 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry (norlin, ) |
| Filing 4 COMPLAINT Under Simplified Civil Procedure against Ally Financial Inc., filed by John Cruz.(norlin, ) |
| Filing 3 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (norlin, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Edwards, Erin) |
| Filing 1 NOTICE OF REMOVAL by Ally Financial Inc. from Combined Court Boulder County, Case Number 2022C000426. (Filing fee $ 402, Receipt Number ACODC-8580671), filed by Ally Financial Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Answer form, #4 Exhibit D - Docket Sheet, #5 Exhibit E - Notice of Filing Notice of Removal, #6 Civil Cover Sheet)(Edwards, Erin) |
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| Plaintiff: John Cruz | |
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| Defendant: Ally Financial Inc. | |
| Represented By: | Ethan Geoffrey Ostroff |
| Represented By: | Erin Elizabeth Edwards |
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