Viegas et al v. Toyota Financial Services et al
| Keri L Viegas, James Viegas and Keri Lynn Viegas |
| Toyota Financial Services and Predator Recovery Inc. doing business as Sure Shot Recovery |
| 1:2024cv00668 |
| March 11, 2024 |
| US District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Philip A Brimmer |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 41 OBJECTION to #40 Report and Recommendations by AFFIDAVIT OF TRUTH AND FACT filed by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
Filing 40
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. This Court ORDERS: (1) the Order to Show Cause, (Doc. No. #13 ), be made ABSOLUTE; and (2) the pending Motions to Stay, (Docs. No. #6 , #8 , #10 ) be DENIED; The Court further RECOMMENDS: (1) Plaintiff's claims against Defendants be DISMISSED without prejudice; (2) the Clerk of Court's default entries, (Docs. No. 23 , 25 ), be SET ASIDE; and (3) the Motions for Default Judgment, (Docs. No. #26 and #27 ), be DENIED. By Magistrate Judge Maritza Dominguez Braswell on 5/7/2024. (schap, )
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| Filing 39 NOTICE re #37 MOTION to Set Aside 23 Clerk's Entry of Default Completion of Conferral by Defendant Predator Recovery Inc. (Hiller, Lorne) |
| Filing 38 MEMORANDUM regarding #37 MOTION to Set Aside 23 Clerk's Entry of Default filed by Predator Recovery Inc. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 4/26/2024. Text Only Entry (pabsec, ) |
| Filing 37 MOTION to Set Aside 23 Clerk's Entry of Default by Defendant Predator Recovery Inc.. (Hiller, Lorne) |
| Filing 36 NOTICE of Entry of Appearance for Limited Purpose of Moving to Set Aside Entry of Default by Lorne Grant Hiller on behalf of Predator Recovery Inc.Attorney Lorne Grant Hiller added to party Predator Recovery Inc.(pty:dft) (Hiller, Lorne) |
| Filing 35 SUPPLEMENT/AMENDMENT to #34 Response to Motion, Judicial Notice Exhibit by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 34 RESPONSE to #32 MOTION to Vacate #24 Second MOTION for Entry of Default as to Defendant Toyota Financial Services, 25 Clerk's Entry of Default by Affidavit of Truth filed by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 33 MEMORANDUM regarding #27 MOTION for Default Judgment as to defendant Predator Recovery Inc. dba Sure Shot Recovery filed by Keri Lynn Viegas, James Viegas, #26 MOTION for Default Judgment as to Defendant Toyota Financial Services filed by Keri Lynn Viegas, James Viegas, #32 MOTION to Vacate #24 Second MOTION for Entry of Default as to Defendant Toyota Financial Services, 25 Clerk's Entry of Default filed by Toyota Financial Services. Motions referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 4/24/2024. Text Only Entry (pabsec, ) |
| Filing 32 MOTION to Vacate #24 Second MOTION for Entry of Default as to Defendant Toyota Financial Services, 25 Clerk's Entry of Default by Defendant Toyota Financial Services. (Attachments: #1 Attorney Declaration, #2 Proposed Order (PDF Only), #3 Certificate of Service)(Dubuisson Stokes, Dafney) |
| Filing 31 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Toyota Motor Corporation, a Japanese Corporation for Toyota Financial Services. (Dubuisson Stokes, Dafney) |
| Filing 30 NOTICE of Entry of Appearance by Dafney Dubuisson Stokes on behalf of Toyota Financial ServicesAttorney Dafney Dubuisson Stokes added to party Toyota Financial Services(pty:dft) (Dubuisson Stokes, Dafney) |
| Filing 29 CERTIFICATE of Mailing/Service re #27 MOTION for Default Judgment as to defendant Predator Recovery Inc. dba Sure Shot Recovery by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 28 CERTIFICATE of Mailing/Service re #26 MOTION for Default Judgment as to Defendant Toyota Financial Services by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 27 MOTION for Default Judgment as to defendant Predator Recovery Inc. dba Sure Shot Recovery by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit Affidavit in Support of Default Judgment, #2 Proposed Order (PDF Only) Default Judgment Sum Certain)(Viegas, Keri) |
| Filing 26 MOTION for Default Judgment as to Defendant Toyota Financial Services by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit Support for Default Judgment, #2 Proposed Order (PDF Only) Proposed Order for Default Judgment)(Viegas, Keri) |
| Filing 25 Clerk's ENTRY OF DEFAULT as to Toyota Financial Services re #24 Second MOTION for Entry of Default as to Defendant Toyota Financial Services, by Clerk. Text Only Entry. (ccuen, ) |
| Filing 24 Second MOTION for Entry of Default as to Defendant Toyota Financial Services by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit 2nd Affidavit with Service Members Info, #2 Proposed Order (PDF Only) Proposed Order for Entry of Default)(Viegas, Keri) |
| Filing 23 Clerk's ENTRY OF DEFAULT as to Predator Recovery Inc. re #21 MOTION for Entry of Default as to defendant Predator Recovery Inc. dba Sure Shot Recovery, by Clerk. Text Only Entry (ccuen, ) |
| Filing 22 CERTIFICATE of Mailing/Service re #21 MOTION for Entry of Default as to defendant Predator Recovery Inc. dba Sure Shot Recovery by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 21 MOTION for Entry of Default as to defendant Predator Recovery Inc. dba Sure Shot Recovery by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit Affidavit in Support of Default with Servicemember Act, #2 Proposed Order (PDF Only) Proposed Order for Entry of Default)(Viegas, Keri) |
| Filing 20 AFFIDAVIT re 19 Clerk's Note Regarding Default, 2nd Affidavit Regarding Servicemember Act by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 19 CLERK'S NOTE REGARDING DEFAULT. Default will not be entered as to Toyota Financial Services re #17 MOTION for Entry of Default as to Defendant Toyota Financial Services as: the affidavit or declaration concerning defendant(s) military status required by Service Members Civil Relief Act was not filed, by Clerk. Text Only Entry. (ccuen, ) |
| Filing 18 CERTIFICATE of Mailing/Service re #17 MOTION for Entry of Default as to Defendant Toyota Financial Services by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 17 MOTION for Entry of Default as to Defendant Toyota Financial Services by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit Affidavit in Support of Default Judgment, #2 Proposed Order (PDF Only) Proposed Order for Entry of Default)(Viegas, Keri) |
| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs James Viegas, Keri Lynn Viegas All parties do not consent.. (Viegas, Keri) |
| Filing 15 SUMMONS Returned Executed by Keri Lynn Viegas, James Viegas. Predator Recovery Inc. served on 3/26/2024, answer due 4/16/2024. (Viegas, Keri) |
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Filing 14
RESPONSE TO ORDER TO SHOW CAUSE For Review by Chief Judge Brimmer re #13 by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri)
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Filing 13
ORDER TO SHOW CAUSE by Magistrate Judge Maritza Dominguez Braswell on 03/23/2024. It is ORDERED that, on or before April 12, 2024, Plaintiffs shall show cause, in writing, as to why this case should not be remanded to the El Paso County District Court, pursuant to Federal Rule of Civil Procedure 12(b)(1), for lack of subject matter jurisdiction. If Plaintiff fails to comply with this Order to Show Cause, the Court will recommend the remand of this actionwithout further notice. (jrobe, )
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| Filing 12 SUMMONS Returned Executed by Keri Lynn Viegas, James Viegas. Toyota Financial Services served on 3/22/2024, answer due 4/12/2024. (Viegas, Keri) |
| Filing 11 MEMORANDUM regarding #10 Second MOTION to Amend/Correct/Modify #6 Emergency MOTION to Stay and Dismiss Auction Corrected Administrative Errors filed by Keri Lynn Viegas, James Viegas. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 3/22/2024. Text Only Entry (pabsec, ) |
| Filing 10 Second MOTION to Amend/Correct/Modify #6 Emergency MOTION to Stay and Dismiss Auction Corrected Administrative Errors by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit Corrected error)(Viegas, Keri) |
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Filing 9
MEMORANDUM regarding #8 MOTION to Amend/Correct/Modify #6 Emergency MOTION to Stay and Dismiss Auction Added Proposed Order filed by Keri Lynn Viegas, James Viegas. Motios referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 3/20/2024. Text Only Entry (pabsec, )
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| Filing 8 MOTION to Amend/Correct/Modify #6 Emergency MOTION to Stay and Dismiss Auction Added Proposed Order by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Proposed Order (PDF Only))(Viegas, Keri) |
| Filing 7 MEMORANDUM regarding #6 Emergency MOTION to Stay and Dismiss Auction filed by Keri Lynn Viegas, James Viegas. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 3/20/2024. Text Only Entry (pabsec, ) |
| Filing 6 Emergency MOTION to Stay and Dismiss Auction by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Exhibit Letter from DMV, #2 Affidavit Affidavit in Support of Emergency Stay and Dismiss of Auction)(Viegas, Keri) |
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell for all motions. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 3/12/2024. Text Only Entry (pabsec, )
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| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) |
| Filing 3 SUMMONS issued over the counter by Clerk. (Attachments: #1 Summons) (efoga, ) |
| Filing 2 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (efoga, ) |
| Filing 1 COMPLAINT against Predator Recovery Inc., Toyota Financial Services Filing Fee: $405.00 Receipt Number:110014, filed by Keri L Viegas, James Viegas.(efoga, ) |
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