DISTRICT OF COLUMBIA v. ELEVATE CREDIT, INC.
| DISTRICT OF COLUMBIA |
| ELEVATE CREDIT, INC. |
| 1:2020cv01809 |
| July 2, 2020 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| Banks and Banking |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 15, 2021. A more recent docket listing may be available from PACER.
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Filing 19
NOTICE of Appearance by Travis A Sabalewski on behalf of ELEVATE CREDIT, INC. (Sabalewski, Travis)
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Filing 18
NOTICE of Appearance by James C. Martin on behalf of ELEVATE CREDIT, INC. (Martin, James)
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Set/Reset Deadlines: Defendant Respond To The District Of Columbia Motion to Remand due by 9/2/2020. Plaintiff Reply due by 9/23/2020 (mac)
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Filing 17
Consent MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Remand to State Court by ELEVATE CREDIT, INC. (Attachments: #1 Text of Proposed Order)(Earley, Maria)
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MINUTE ORDER granting #17 Consent MOTION for Extension of Time to File Response/Reply. Defendant shall respond to the District of Columbias Motion to Remand by no later than September 2, 2020, and Plaintiff shall Rely by no later than September 23, 2020. Signed by Judge Emmet G. Sullivan on 8/6/2020. (lcegs2)
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MINUTE ORDER granting, over objection, #12 MOTION to Stay and VACATING the Court's July 30, 2020 Minute Order. "The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants." Marsh v. Johnson, 263 F. Supp. 2d 49, 52 (D.D.C. 2003) (citing Air Line Pilots Ass'n v. Miller, 523 U.S. 866, 879 n. 6 (1998)). Since, "jurisdiction [in federal court] is not automatic and cannot be presumed.... Federal courts may exercise only that judicial power provided by the Constitution in Article III and conferred by Congress." Senate Select Comm. on Presidential Campaign Activities v. Nixon, 366 F. Supp. 51, 55 (D.D.C. 1973). In this instance, the Court finds that it is more economical of judicial and litigants' time to determine whether this Court has jurisdiction to review this matter rather than parties taking part in parallel briefing schedules, when the outcome of the District of Columbia's ("District") #15 MOTION to Remand to State Court, will determine whether this Court can review Elevate Credit, Inc.'s 44-page #16 MOTION to Dismiss. Therefore, these proceedings are HEREBY STAYED pending the resolution of the District's #15 MOTION to Remand to State Court. The Court's STAY in this case does not apply to the filing deadlines regarding the District's #15 MOTION to Remand to State Court. Signed by Judge Emmet G. Sullivan on 8/4/2020. (lcegs2)
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Filing 16
MOTION to Dismiss Plaintiff's Complaint by ELEVATE CREDIT, INC. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order)(Bolden, Alan)
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Filing 15
MOTION to Remand to State Court by DISTRICT OF COLUMBIA (Attachments: #1 Text of Proposed Order)(Brunfeld, David)
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Filing 14
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Travis A. Sabalewski, Filing fee $ 100, receipt number ADCDC-7416187. Fee Status: Fee Paid. by ELEVATE CREDIT, INC. (Attachments: #1 Declaration of Travis A. Sabalewski, #2 Text of Proposed Order)(Earley, Maria)
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Filing 13
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James C. Martin, Filing fee $ 100, receipt number BDCDC-7416014. Fee Status: Fee Paid. by ELEVATE CREDIT, INC. (Attachments: #1 Declaration of James C. Martin, #2 Text of Proposed Order)(Earley, Maria)
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MINUTE ORDER granting #13 Motion for Leave to Appear Pro Hac Vice. Attorney James C. Martin is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 8/3/2020. (lcegs2)
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NOTICE OF ERROR re #15 Motion to Remand to State Court; emailed to david.brunfeld@dc.gov, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. DO NOT REFILE- Signature must match login/password. /s/ is required for all signatures (zjf, )
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MINUTE ORDER granting #14 Motion for Leave to Appear Pro Hac Vice. Attorney Travis A. Sabalewski is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 8/3/2020. (lcegs2)
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MINUTE ORDER holding in abeyance the District of Columbia's ("District") #12 MOTION to Stay. The District requests that "all proceedings in this matter [be] stayed pending the Courts decision on the District of Columbias Motion to Remand to the Superior Court of the District of Columbia for Lack of Subject Matter Jurisdiction." See Pl.'s Mot. for Stay, ECF No. #12 at 8. However, at present the District has not filed its Motion for Remand. It is ORDERED that the Defendant SHALL file its Response to the District's Motion for Stay by no later than five (5) days after the District files its Motion for Remand, and the District SHALL file its Reply by no later than three (3) days after the Defendant files its Response to this Motion for Stay. Signed by Judge Emmet G. Sullivan on 7/30/2020. (lcegs2)
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Filing 12
MOTION to Stay by DISTRICT OF COLUMBIA (Brunfeld, David)
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Filing 11
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELEVATE CREDIT, INC. (Earley, Maria)
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Filing 10
NOTICE of Appearance by Maria B. Earley on behalf of ELEVATE CREDIT, INC. (Earley, Maria)
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Filing 9
NOTICE of Appearance by Wendy J. Weinberg on behalf of All Plaintiffs (Weinberg, Wendy) (Main Document 9 replaced on 7/28/2020) (zjf).
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Filing 8
NOTICE of Appearance by Benjamin Michael Wiseman on behalf of DISTRICT OF COLUMBIA (Wiseman, Benjamin)
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Filing 7
NOTICE of Appearance by David Brunfeld on behalf of DISTRICT OF COLUMBIA (Brunfeld, David) (Main Document 7 replaced on 7/27/2020) (zjf).
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Filing 6
Receipt on 07/14/2020 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number: 2020 CA 002697 B. (zjf)
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Filing 5
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 07/13/20. (Attachment: Exhibit 1) (mac)
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Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Complaint due by 8/3/2020. (mac)
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MINUTE ORDER granting #4 Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint. Defendant shall file an answer or otherwise respond to the complaint by no later than August 3, 2020. Signed by Judge Emmet G. Sullivan on 7/10/2020. (lcegs2)
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Filing 4
Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by ELEVATE CREDIT, INC. (Attachments: #1 Text of Proposed Order)(Bolden, Alan)
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Filing 3
NOTICE to Counsel/Party re #1 Notice of Removal, (adh, )
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Case Assigned to Judge Emmet G. Sullivan. (adh, )
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Filing 2
ERRATA (Correcting Case Caption) by ELEVATE CREDIT, INC. #1 Notice of Removal, filed by ELEVATE CREDIT, INC.. (Attachments: #1 Corrected Notice of Removal)(Bolden, Alan)
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Filing 1
NOTICE OF REMOVAL from Superior Court of the District of Columbia, case number 2020 CA 002697 B Filing fee $ 400, receipt number ADCDC-7297082 filed by ELEVATE CREDIT, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Superior Court Documents, #3 Exhibit 2 - Superior Court Documents, #4 Exhibit 3 - Superior Court Documents, #5 Exhibit 4 - Declaration of Scott Greever)(Bolden, Alan)
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