Stinson v. National Credit Systems Inc
| Stinson and Karlee Stinson |
| National Credit Systems Inc |
| 1:2017cv01106 |
| March 27, 2017 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Cherokee |
| Steve C Jones |
| Leigh Martin May |
| Linda T Walker |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 68 STIPULATION of Dismissal Jointly Of All Parties To The Voluntary Dismissal Of All Claims With Prejudice Pursuant To F.R.C.P. 41(a)(1)(A)(ii) by Karlee Stinson. (Nelson, John) |
Filing 67
ORDER: It is ORDERED that this action be DISMISSED without prejudice to the right, upon good cause shown within sixty (60) days to reopen the action if settlement is not consummated. The Clerk is DIRECTED to ADMINISTRATIVELY TERMINATE this action. If this matter is not reopened by the parties within sixty (60) days it will be deemed to have been dismissed with prejudice. Signed by Judge Steve C. Jones on 7/17/2019. (rjs)
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| Civil Case Terminated. (rjs) |
| Filing 66 NOTICE of Settlement by Karlee Stinson (Nelson, John) |
| Filing 65 NOTICE setting Trial: Jury Trial set for 8/12/2019 (first civil case) at 01:30 PM in ATLA Courtroom 1907 before Judge Steve C. Jones. (Attachments: #1 Civil Trial Outline, #2 General Instructions)(pdw) |
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ORAL ORDER re Case Referred to Settlement Judge. After repeated attempts to reschedule this case for a settlement conference, the Clerk is DIRECTED to terminate the reference for Settlement Conference to Magistrate Judge King, the parties having informed the court that Plaintiff who has relocated out-of-state is longer available for a settlement conference. ORDERED by Magistrate Judge Janet F. King on 1/8/19. (kt)
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| Case no longer referred for Settlement to Magistrate Judge Janet F. King. (kt) |
| Filing 64 Certification of Consent to Substitution of Counsel. Jonathan K. Aust replacing attorney Kyle Shigeyuki Kotake and Charity Anne Olson. (Aust, Jonathan) |
| Filing 63 NOTICE of Appearance by Jonathan K. Aust on behalf of National Credit Systems Inc (Aust, Jonathan) |
| Filing 62 Minute Entry for proceedings held before Magistrate Judge Janet F. King: AMENDED MINUTE SHEET: Settlement conference scheduled for November 16, 2018 is cancelled. Oral Order to follow. (rjs) |
| Filing 61 Minute Entry for proceedings held before Magistrate Judge Janet F. King: Telephone Conference held on 11/15/2018. Settlement conference scheduled for January 16, 2018 is cancelled. Oral order to follow. #60 Motion to Continue- GRANTED. (rjs) |
| Filing 60 MOTION to Continue or for Adjournment of Settlement Conference by National Credit Systems Inc. (Kotake, Kyle) |
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Filing 59
ORDER SETTING SETTLEMENT CONFERENCE: All parties and their lead counsel are ORDERED TO APPEAR before the undersigned, on FRIDAY, NOVEMBER 16, 2018, at 9:30 AM in ATLA Courtroom 2008. Before arriving at the settlement conference the parties are to negotiate and make a good faith effort to settle the case without the involvement of the Court. Specific proposals and counter proposals shall be made. Each party shall provide the undersigned, in confidence, a concise statement of the evidence the party expects to produce at trial by NOVEMBER 6, 2018. Signed by Magistrate Judge Janet F. King on 9/28/2018. (rjs)
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Filing 58
ORDER granting #56 Motion to Stay and for referral to a Magistrate Judge for mediation. This case is REFERRED to Chief Magistrate Judge Linda T. Walker for assignment to the next available Magistrate Judge. Mediation will be scheduled at the discretion and convenience of the Magistrate Judge assigned. The parties are ORDERED to file notice within five (5) days of the conclusion of mediation advising this Court of the outcome. It is further ORDERED that all deadlines in this case are STAYED pending mediation. If mediation is not successful, the stay will be lifted on the next business day after the conclusion of mediation. Signed by Judge Steve C. Jones on 9/11/2018. (rjs)
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| CASE REFERRED to Settlement Judge Magistrate Judge Janet F. King. (rjs) |
| Filing 57 Proposed Pretrial Order by Karlee Stinson. (Nelson, John) |
| Filing 56 Joint MOTION to Stay and Requesting Matter Be Referred To Federal Magistrate For Mediation by Karlee Stinson. (Nelson, John) |
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Filing 55
ORDER granting #54 Motion for Extension of Time. The parties have until 10 September 2018 to file their Pretrial Order with this Court. Signed by Judge Steve C. Jones on 8/28/2018. (rjs)
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| Filing 54 Joint MOTION for Extension of Time Submit Pretrial Order re: #53 Order with Brief In Support by Karlee Stinson. (Attachments: #1 Text of Proposed Order)(Nelson, John) |
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Filing 53
ORDER: Plaintiff's #52 objections to the R&R are OVERRULED. The #50 R&R is ADOPTED as the order of the Court, and Plaintiff's #35 Motion for Partial Summary Judgment is DENIED. Pursuant to Local Rule 16.4(A), the parties shall file a consolidated pretrial order within thirty (30) days of the entry of this Order. Signed by Judge Steve C. Jones on 7/27/2018. (rjs)
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| Submission of #50 FINAL REPORT AND RECOMMENDATION and #35 MOTION for Partial Summary Judgment to District Judge Steve C. Jones. (rjs) |
| Filing 52 OBJECTIONS to #50 Report and Recommendation filed by Karlee Stinson. (Nelson, John) |
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Filing 51
ORDER for Service of #50 Final Report and Recommendation by Magistrate Judge John K. Larkins, III. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge John K. Larkins, III on 6/26/18. (jpa)
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| Filing 50 FINAL REPORT AND RECOMMENDATION re #1 Complaint. It is RECOMMENDED that the #35 Motion for Partial Summary Judgment be DENIED. Signed by Magistrate Judge John K. Larkins, III on 6/26/18. (jpa) |
| FINAL REPORT AND RECOMMENDATION re #35 MOTION for Partial Summary Judgment ruled on by Magistrate Judge John K. Larkins, III on 6/26/18 in the #50 R&R. (jpa) |
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(Found in #50 R&R) ORDER denying as moot #40 Motion to Strike ; denying #47 Motion to Strike. Signed by Magistrate Judge John K. Larkins, III on 6/26/18. (jpa)
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| Submission of #47 MOTION to Strike #39 Response in Opposition to Motion to Magistrate Judge John K Larkins. (rjs) |
| Filing 49 REPLY to Response to Motion re #47 MOTION to Strike #39 Response in Opposition to Motion, Exhibit A-3 and Inadmissible Statements filed by Karlee Stinson. (Nelson, John) |
| Submission of #40 MOTION to Strike #35 MOTION for Partial Summary Judgment to Magistrate Judge John K Larkins. (rjs) |
| Filing 48 RESPONSE in Opposition re #47 MOTION to Strike #39 Response in Opposition to Motion, Exhibit A-3 and Inadmissible Statements filed by National Credit Systems Inc. (Olson, Charity) |
| Submission of #35 MOTION for Partial Summary Judgment to Magistrate Judge John K Larkins. (rjs) |
| Filing 47 MOTION to Strike #39 Response in Opposition to Motion, Exhibit A-3 and Inadmissible Statements by Karlee Stinson. (Attachments: #1 Appendix Appendix A to Pl's Motion to Strike Evidence)(Nelson, John) |
| Filing 46 REPLY to Response to Motion re #35 MOTION for Partial Summary Judgment As To Liability filed by Karlee Stinson. (Attachments: #1 Statement of Material Facts Pl's Resp to Def's Additional Material Facts)(Nelson, John) |
| Filing 45 RESPONSE re #40 MOTION to Strike #35 MOTION for Partial Summary Judgment As To Liability Exhibit A-3 and All References Thereto filed by Karlee Stinson. (Nelson, John) |
| Filing 44 Response to Statement of Material Facts re #35 MOTION for Partial Summary Judgment As To Liability CORRECTED filed by National Credit Systems Inc. (Olson, Charity) |
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Filing 43
ORDER- Defendant is admonished to take care with its filings in the future, but the Court will not "strike" or disregard the response to the statement of facts where the delay in filing the response works no real prejudice to Plaintiff. Plaintiff's #41 motion to strike is therefore DENIED. Her motion for an extension of the time to reply until 14 days after a ruling on her #42 motion to strike is also DENIED. Defendant shall re-file its response to Plaintiff's Statement of Material Facts no later than Monday, March 12, 2018, at 5:00 p.m. EDT. Signed by Magistrate Judge John K Larkins, III on 3/9/2018. (rjs)
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| Filing 42 MOTION for Extension of Time To Reply To Defendants Response To Plaintiffs Motion For Summary Judgment re: #38 Response in Opposition to Motion, #41 MOTION to Strike #39 Response in Opposition to Motion, And To Deem Plaintiffs Statement Of Undisputed Material Facts Admitted by Karlee Stinson. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time to File Reply)(Nelson, John) |
| Filing 41 MOTION to Strike #39 Response in Opposition to Motion, And To Deem Plaintiffs Statement Of Undisputed Material Facts Admitted with Brief In Support by Karlee Stinson. (Attachments: #1 Brief Brief In Support Of Plaintiffs Motion To Deem Plaintiffs Statement Of Undisputed Material Facts Admitted And To Strike Defendants Late-Filed Documents)(Nelson, John) |
| Filing 40 MOTION to Strike #35 MOTION for Partial Summary Judgment As To Liability Exhibit A-3 and All References Thereto with Brief In Support by National Credit Systems Inc. (Attachments: #1 Text of Proposed Order)(Olson, Charity) |
| Filing 39 RESPONSE in Opposition re #35 MOTION for Partial Summary Judgment As To Liability CORRECTED filed by National Credit Systems Inc. (Attachments: #1 Declaration of Ron Sapp, #2 Statement of Material Facts - Defendant's Response)(Olson, Charity) |
| Filing 38 RESPONSE in Opposition re #35 MOTION for Partial Summary Judgment As To Liability filed by National Credit Systems Inc. (Attachments: #1 Errata A: Declaration of Ron Sapp)(Olson, Charity) |
| Filing 37 Unopposed MOTION for Extension of Time to File Response re: #35 MOTION for Partial Summary Judgment As To Liability by National Credit Systems Inc. (Olson, Charity) |
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ORDER granting #37 Motion for Extension of Time. Defendant shall have until March 6, 2018 to respond to Plaintiff's motion. Signed by Magistrate Judge John K Larkins, III on 2/27/2018. (smw)
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| Filing 36 MOTION for Extension of Time to File Response re: #35 MOTION for Partial Summary Judgment As To Liability by National Credit Systems Inc. (Olson, Charity) |
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ORDER by docket entry only granting #36 Motion for Extension of Time. Defendant shall have until 2/27/2018 to respond to Plaintiff's motion for summary judgment. Signed by Magistrate Judge John K Larkins, III on 02/12/2018. (smw)
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| Filing 35 MOTION for Partial Summary Judgment As To Liability with Brief In Support by Karlee Stinson. (Attachments: #1 Statement of Material Facts Statement of Material Facts in Support of Summary Judgment, #2 Brief Brief in Support of Motion for Summary Judgment, #3 Affidavit Ex A -- Affidavit of Karlee Stinson in Support of Summary Judgment, #4 Exhibit Ex B -- Church v Accretive Health, #5 Exhibit Ex C -- Ponce v. BCA Fin Serv (11th Circuit), #6 Exhibit Ex D -- Ponce v. BCA Fin Serv (S.D. Fl.))(Nelson, John) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
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Filing 34
ORDER granting #31 Motion for Extension of Time. Motions for summary judgment or a proposed consolidated pretrial order shall be due on January 25, 2018. Signed by Magistrate Judge John K Larkins, III on 1/2/2018. (rjs)
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| Filing 33 NOTICE by National Credit Systems Inc re #31 MOTION for Extension of Time File Motions for Summary Judgment or Proposed Pretrial Orders By Thirty Days - Concurrence (Olson, Charity) |
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Filing 32
ORDER: To avoid unnecessary delay at this stage in the case, the Court ORDERS expedited briefing on Plaintiff's #31 motion. If Defendant wishes to file a brief in opposition to Plaintiff's motion, it must do so by Tuesday, January 2, 2018. If Defendant does not oppose Plaintiff's motion, it may file a notice with the Court indicating that it does not oppose the motion. Plaintiff shall have until Thursday, January 4, 2018, at noon, to reply to Defendant's response brief, should it file one. Signed by Magistrate Judge John K. Larkins III on 12/26/2017. (cmd)
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| Filing 31 MOTION for Extension of Time File Motions for Summary Judgment or Proposed Pretrial Orders By Thirty Days by Karlee Stinson. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time)(Nelson, John) |
| Filing 30 CERTIFICATE OF SERVICE of Notice of Deposition by Karlee Stinson.(Nelson, John) |
| Filing 29 Joint MOTION for Extension of Time to Complete Discovery by National Credit Systems Inc. (Attachments: #1 Text of Proposed Order)(Olson, Charity) |
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ORDER granting #29 Motion for Extension of Time to Complete Discovery. Discovery ends on 11/16/2017. Signed by Magistrate Judge John K Larkins, III on 09/21/2017. (smw)
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Filing 28
ORDER granting #18 Application for Admission Pro Hac Vice for Petitioner Charity A. Olson. Signed by Judge Steve C Jones on 9/14/2017. (rjs)
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DOCKET ORDER re #18 Application for Admission of Charity Olson Pro Hac Vice, #19 Plaintiff's Response in Opposition, the Court's #20 Order to Show Cause, and Petitioner's #21 Reply thereto. After due consideration, this Court finds approval of Petitioner's Pro Hac Vice application is appropriate. An Order of approval will follow. Entered by Judge Steve C. Jones on 9/14/2017. (pdw)
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| Filing 27 CERTIFICATE OF SERVICE of Discovery Material by Karlee Stinson.(Nelson, John) |
| Filing 26 CERTIFICATE OF SERVICE of Discovery Requests by Karlee Stinson.(Nelson, John) |
| Filing 25 CERTIFICATE OF SERVICE Of Discovery Requests by Karlee Stinson.(Nelson, John) |
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Filing 24
ORDER re #23 Discovery Hearing. In light of Defendant's representation, there is no basis to order a log be provided at this time. Plaintiffs' request is DENIED. The Court DENIES Plaintiffs' request to compel production of documents responsive to the forgoing requests (See Order) Plaintiffs complain that Defendant did not timely produce documents. Defendant represents that it produced documents on August 10, 2017. To the extent that Defendant has not yet produced documents responsive to any of the foregoing requests, Defendant shall complete its production by September 8, 2017. Also, to the extent that Defendant is withholding any such documents that it agreed to produce on the basis of confidentiality or pending entry of a confidentiality protective order, those objections are overruled. Signed by Magistrate Judge John K Larkins, III on 8/31/2017. (rjs)
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| Filing 23 Minute Entry for proceedings held before Magistrate Judge John K Larkins, III: Discovery Hearing held on 8/31/2017.The parties were heard of issues of concern that have arisen in discovery. The Court ruled as set out by separate written order. (Tape #FTR)(rjs) |
| Filing 22 SURREPLY re #18 APPLICATION for Admission of Charity Olson Pro Hac Vice (Application fee $ 150, receipt number 113E-7316617) filed by Karlee Stinson. (Attachments: #1 Exhibit Exhibit A -- Copy of Bumpus Answer by Charity Olson)(Nelson, John) Modified on 8/30/2017 to edit event text (rjs). |
| APPROVAL by Clerks Office re: #18 APPLICATION for Admission of Charity Olson Pro Hac Vice (Application fee $ 150, receipt number 113E-7316617). Attorney Charity Anne Olson added appearing on behalf of National Credit Systems Inc (pmb) |
| Filing 21 REPLY BRIEF re #18 APPLICATION for Admission of Charity Olson Pro Hac Vice (Application fee $ 150, receipt number 113E-7316617) and RESPONSE to #20 Order to Show Cause filed by National Credit Systems Inc. (Olson, Charity) Modified on 8/29/2017 to add hyperlink (rjs). |
| NOTICE of TELECONFERENCE Hearing: Discovery Hearing set for 8/31/2017 at 02:00 PM in ATLA Courtroom 1834 before Magistrate Judge John K Larkins III. (smw) |
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Filing 20
ORDER TO SHOW CAUSE- The Court ORDERS Petitioner Charity A. Olson to file a reply brief within fourteen (14) days of the entry of this Order in which Petitioner answers each of the allegations set forth by Plaintiff's counsel and to further SHOW CAUSE why her application should not be denied. The Clerk is directed to submit this matter to the undersigned if Petitioner fails to comply. The Clerk is further directed to mail a copy of this Order to Petitioner at the following address: Charity Anne Olson Olson Law Group 2723 S. State Street Ann Arbor, MI 48104. Signed by Judge Steve C Jones on 8/14/2017. (rjs)
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| Clerks Certificate of Mailing to Charity A. Olson re #20 Order. (rjs) |
| Filing 19 RESPONSE re #18 APPLICATION for Admission of Charity Olson Pro Hac Vice (Application fee $ 150, receipt number 113E-7316617) filed by Karlee Stinson. (Nelson, John) |
| Filing 18 APPLICATION for Admission of Charity Olson Pro Hac Vice (Application fee $ 150, receipt number 113E-7316617)by National Credit Systems Inc. (Kotake, Kyle) |
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Filing 17
SCHEDULING ORDER and Instructions Regarding Management of Civil Cases re: #14 Joint Preliminary Report and Discovery Plan. Discovery is now set to end on October 2, 2017. The parties shall file their motions for summary judgment no later than 30 days after the close of discovery, presently November 1, 2017, unless otherwise permitted by order of the Court. Signed by Magistrate Judge John K Larkins, III on 8/9/2017. (rjs)
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Filing 16
ORDER directing the Clerk to REASSIGN this CASE. Case reassigned to Judge Steve C. Jones and Magistrate Judge John K. Larkins, III for all further proceedings. Judge Leigh Martin May and Magistrate Judge Linda T. Walker no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-1106-SCJ-JKL. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Magistrate Judge Linda T. Walker on 8/8/17. (jpa)
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| Filing 15 CERTIFICATE OF SERVICE OF DISCOVERY MATERIAL by National Credit Systems Inc.(Kotake, Kyle) |
| Filing 14 Joint JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Karlee Stinson. (Nelson, John) |
| Filing 13 First Initial Disclosures by Karlee Stinson.(Nelson, John) |
| Clerks Notation re #11 Corporate Disclosure Statement, reviewed and approved by LMM. (rvb) |
| Filing 12 Initial Disclosures by National Credit Systems Inc.(Kotake, Kyle) |
| Filing 11 Corporate Disclosure Statement by National Credit Systems Inc by National Credit Systems Inc.(Kotake, Kyle) |
| Filing 10 CERTIFICATE OF SERVICE Of Plaintiff's First Request for Production by Karlee Stinson.(Nelson, John) |
| Filing 9 ANSWER to #1 COMPLAINT by National Credit Systems Inc. Discovery ends on 10/2/2017.(Kotake, Kyle) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 8
ORDER granting #7 Motion for Extension of Time to Answer re #1 Complaint for National Credit Systems Inc; Answer due 7 days from the entry of this order. Signed by Magistrate Judge Linda T. Walker on 05/03/2017. (sap)
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| Filing 7 Joint MOTION for Leave to File Untimely Answer by National Credit Systems Inc. (Attachments: #1 Exhibit Proposed Order)(Kotake, Kyle) Modified on 5/3/2017 (sap). |
| Filing 6 Withdrawal of Motion #5 MOTION for Leave to File an Untimely Answer filed by National Credit Systems Inc filed by National Credit Systems Inc. (Kotake, Kyle) |
| Filing 5 MOTION for Leave to File an Untimely Answer by National Credit Systems Inc. (Attachments: #1 Brief in Support, #2 Exhibit A, #3 Exhibit B)(Kotake, Kyle) |
| Filing 4 Return of Service Executed by Karlee Stinson. National Credit Systems Inc served on 4/3/2017, answer due 4/24/2017. (Nelson, John) |
| Filing 3 Electronic Summons Issued as to National Credit Systems Inc. (hfm) |
| Filing 2 PROPOSED SUMMONS filed by Karlee Stinson for National Credit Systems Inc (Nelson, John) |
| Filing 1 COMPLAINT with Jury Demand, filed by Karlee Stinson. ( Filing fee $ 400.00 receipt number 113E-7054431.) (Attachments: #1 Ex -A - Redacted Initial Communication, #2 Blank - Summons, #3 Blank - Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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