Cooper v. PHEAA et al
| Garth Cooper |
| Kyle Moyer, Edward S. Finkelstein, Linda J. Randby, Andrew Petsu and PHEAA |
| 1:2018cv05097 |
| November 5, 2018 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| Richard W Story |
| Linda T Walker |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
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| Filing 27 Certified copy of MANDATE of USCA AFFIRMING the decision of the District Court re: #18 Notice of Appeal, filed by Garth Cooper, Case Appealed to USCA- 11th Circuit. Case Number 19-13680. (pjm) |
| Filing 26 USCA Opinion received (AFFIRMING) re: #18 Notice of Appeal filed by Garth Cooper. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-13680-AA. (kac) |
| Clerk's Certificate of Mailing as to Garth Cooper and Jena M. Valdetero, Matthew M. Petersen (counsel of record) for defendants Edward S. Finkelstein, Kyle Moyer, PHEAA, Andrew Petsu, Linda J. Randby re: Appeal Record Certified. (kac) |
| Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: #18 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-13680-AA. The entire record on appeal is available electronically. (kac) |
| Filing 25 Forthwith Request by Circuit to district court for entry of Fed.R.App.P. 11 Certification re: #18 Notice of Appeal filed by Garth Cooper. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-13680-AA. (kac) |
| Filing 24 Appeal Remark: Over the phone extension granted by clerk as to Party Garth Cooper. Appendix due on 11/29/19; 14 day extension is GRANTED TO 12/13/2019 as to Appellant Garth Cooper re: #18 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 19-13680-A. (pjm) |
| Appeal Filing Fee Paid: $ 505.00, receipt number GAN100117454. (ddm) |
Filing 23
ORDER denying #22 Application to Appeal in forma pauperis. Further requests to proceed in forma pauperis should be directed by motion to the circuit court within 30 days pursuant to Fed.R.App.P.24. Signed by Judge J. P. Boulee on 11/13/19. (ddm)
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| Clerk's Certificate of Mailing as to Garth Cooper re #23 Order. (ddm) |
| Submission of #22 APPLICATION to Appeal in forma pauperis, re: #18 Notice of Appeal to District Judge J. P. Boulee. (pjm) |
| Filing 22 APPLICATION to Appeal in forma pauperis by Garth Cooper. (pjm) |
| Filing 21 USCA Acknowledgment of #18 Notice of Appeal, filed by Garth Cooper. Case Appealed to USCA- 11th Circuit. Case Number 19-13680-A. (pjm) |
| Filing 20 Transmission of Certified Copy of Notice of Appeal, Judgment, Order, Report and Recommendation and Docket Sheet to US Court of Appeals re: #18 Notice of Appeal. (pjm) |
| Filing 19 NOTICE Of Filing NOA Transmittal Letter re: #18 Notice of Appeal. (pjm) |
| Filing 18 NOTICE OF APPEAL as to #16 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Remand to State Court, Order on Motion for Miscellaneous Relief, Order on Motion for Writ of Mandamus, Order on Final Report and Recommendation and #17 Clerk's Judgment by Garth Cooper. (Attachments: #1 USCA Appeal Fee Letter)(pjm) |
| Filing 17 CLERK'S JUDGMENT entered dismissing action. (ddm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
| Clerk's Certificate of Mailing as to Garth Cooper re #16 Order, #17 Clerk's Judgment. (ddm) |
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Filing 16
ORDER adopting the #12 Final Report and Recommendation as the order of this Court, granting #3 Defendants' Motion to Dismiss and denying Plaintiff's #4 Motion to Remand and #10 Petition for Writ of Mandamus. Signed by Judge J. P. Boulee on 9/11/19. (ddm)
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| Civil Case Terminated. (ddm) |
| Submission of #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #4 MOTION to Remand to State Court, MOTION Reimbursement Under 28 U.S.C. Section 1447(c), #10 MOTION for Writ of Mandamus, #12 FINAL REPORT AND RECOMMENDATION, to District Judge J. P. Boulee. (ddm) |
| Filing 15 RESPONSE re #14 Objections to Report and Recommendation filed by Kyle Moyer, PHEAA, Andrew Petsu, Linda J. Randby. (Dempsey, Jennifer) |
| Filing 14 OBJECTIONS to #12 Report and Recommendation filed by Garth Cooper. (ddm) |
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Filing 13
ORDER for Service of #12 Final Report and Recommendation, by Magistrate Judge Linda T. Walker. 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 Linda T. Walker on 8/19/19. (ddm)
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| Filing 12 FINAL REPORT AND RECOMMENDATION recommending that Defendants' Motion to Dismiss be granted #3 and Plaintiff's Motion to Remand #4 and Petition for a Writ of Mandamus #10 be denied. Signed by Magistrate Judge Linda T. Walker on 8/19/19. (ddm) |
| Clerk's Certificate of Mailing as to Garth Cooper re #13 Order for Service of Report and Recommendation, #12 Final Report and Recommendation. (ddm) |
| FINAL REPORT AND RECOMMENDATION (contained within #12 ) re #1 Notice of Removal. Signed by Magistrate Judge Linda T. Walker on 8/19/19. (ddm) |
| Clerk's Certificate of Mailing as to Garth Cooper re Case Reassigned. (rsg) |
| Case Reassigned to Judge Jean-Paul Boulee. Judge Richard W. Story 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 1:18-cv-05097-JPB-LTW. Please make note of this change in order to facilitate the docketing of pleadings in this case. (rsg) |
| Submission of #10 MOTION for Writ of Mandamus, to Magistrate Judge Linda T. Walker. (rsg) |
| Filing 11 RESPONSE in Opposition re #10 MOTION for Writ of Mandamus filed by Kyle Moyer, PHEAA, Andrew Petsu, Linda J. Randby. (Dempsey, Jennifer) |
| Filing 10 PETITION for Writ of Mandamus by Garth Cooper. (bdb) |
| Submission of #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to Magistrate Judge Linda T. Walker. (adg) |
| Filing 9 OBJECTIONS to #7 Joint Preliminary Report and Discovery Plan filed by Garth Cooper. (bdb) |
| Submission of #4 MOTION to Remand to State Court, MOTION Reimbursement Under 28 U.S.C. Section 1447(c), to Magistrate Judge Linda T. Walker. (rsg) |
| Filing 7 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Kyle Moyer, PHEAA, Andrew Petsu, Linda J. Randby. (Dempsey, Jennifer) |
| Filing 8 NOTICE of Refusal for Cause Pursuant to U.C.C. 3-501 and 3-305(1)(ii)(iii) by Garth Cooper (Attachments: #1 Exhibit A, #2 Exhibit B)(adg) |
| Submission of #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to Judge Richard W. Story. (rsg) |
| Filing 6 RESPONSE in Opposition re #4 MOTION to Remand to State CourtMOTION Reimbursement Under 28 U.S.C. Section 1447(c) filed by Kyle Moyer, PHEAA, Andrew Petsu, Linda J. Randby. (Dempsey, Jennifer) |
| CASE REFERRED to Magistrate Judge Linda T. Walker per #5 Order. (dgr) |
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Filing 5
ORDER on Plaintiff's request for temporary restraining order contained within the #1 Notice of Removal, Complaint (Dkt. [1-1]). The injunctive relief requested in Plaintiff's Complaint is DENIED. Pursuant to the Court's Standing Order No. 18-01, this case is REFERRED to the next available Magistrate Judge for further proceedings. Signed by Judge Richard W. Story on 11/14/2018. (dgr)
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| Filing 4 MOTION to Remand to State Court and Reimbursement Under 28 U.S.C. Section 1447(c) by Garth Cooper. (bdb) |
| Clerk's Certificate of Mailing as to Garth Cooper re #5 Order. (dgr) |
| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Kyle Moyer, PHEAA, Andrew Petsu, Linda J. Randby. (Attachments: #1 Exhibit A - Cooper Promissory Note, #2 Exhibit B - Note Disclosure Statements, #3 Exhibit C - Order and Report of Hearing Examiner, #4 Exhibit D - Notice Prior to Wage Withholding, #5 Exhibit E - Request for Hearing, #6 Exhibit F - PHEAA Letter to Garth Cooper, #7 Exhibit G - Edward S. Finkelstein Letter to Linda Randby and Garth Cooper, #8 Exhibit H - Proposed Order)(Dempsey, Jennifer) |
| Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by Kyle Moyer, Andrew Petsu, Linda J. Randby. (bdb) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT (TRO) filed by Kyle Moyer, Linda J. Randby, PHEAA, Andrew Petsu. (Filing fee $ 400 receipt number 113E-8253108) (Attachments: #1 Exhibit A - Consent to Removal by Edward S. Finkelstein, #2 Exhibit B - Copies of pleadings filed in Dekalb County Superior Court action) (bdb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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