Stein v. TitleMax of Georgia, Inc.
| Brian Stein |
| TitleMax of Georgia, Inc. |
| 1:2019cv00669 |
| February 8, 2019 |
| US District Court for the Northern District of Georgia |
| Walter E Johnson |
| William M Ray |
| William M Ray |
| Truth in Lending |
| 15 U.S.C. § 1601 |
| Plaintiff |
Docket Report
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| Filing 38 Certified copy of MANDATE of USCA AFFIRMING the decision of the District Court re: #29 Notice of Appeal, filed by Brian Stein and #30 Amended Notice of Appeal, filed by Brian Stein. Case Appealed to USCA- 11th Circuit. Case Number 19-13669. (pjm) |
| Filing 37 USCA Opinion received (AFFIRMED) re: #29 Notice of Appeal, filed by Brian Stein and #30 Notice of Appeal, filed by Brian Stein. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA- 11th Circuit. Case Number 19-13669-AA. (pjm) |
| Filing 35 TRANSCRIPT ORDER FORM (No Hrgs) re: #29 Notice of Appeal and #30 Notice of Appeal. (Wexler, Shimshon) Modified on 9/23/2019 to update text (pjm). |
| Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, #29 Notice of Appeal and #30 Amended Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 19-13669-AA. The entire record on appeal is available electronically. (pjm) |
| Filing 36 USCA Acknowledgment of #29 Notice of Appeal, filed by Brian Stein and #30 Amended Notice of Appeal, filed by Brian Stein. Case Appealed to USCA- 11th Circuit. Case Number 19-13669-AA. (pjm) |
| Filing 34 Transmission of Certified Copy of Notice of Appeal, Judgment, Orders, Report and Recommendation and Docket Sheet to US Court of Appeals re: #30 Notice of Appeal. (pjm) |
| Filing 33 NOTICE Of Filing NOA Transmittal Letter re: #30 Notice of Appeal. (pjm) |
| Filing 32 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Order and Docket Sheet to US Court of Appeals re: #29 Notice of Appeal. (pjm) |
| Filing 31 NOTICE Of Filing NOA Transmittal Letter re: #29 Notice of Appeal. (pjm) |
| Filing 30 AMENDED NOTICE OF APPEAL as to #28 Clerk's Judgment, #21 Order for Service of Report and Recommendation, #27 Order on Motion to Dismiss, Order on Motion to Stay, Order on Final Report and Recommendation, by Brian Stein. Transcript Order Form due on 9/30/2019 (Wexler, Shimshon) Modified on 9/16/2019 to update text (pjm). |
| Filing 29 NOTICE OF APPEAL as to #28 Clerk's Judgment, #21 Order for Service of Report and Recommendation, #27 Order on Motion to Dismiss,, Order on Motion to Stay,, Order on Final Report and Recommendation, by Brian Stein. Filing fee $ 505, receipt number AGANDC-8934689. Transcript Order Form due on 9/27/2019 (Wexler, Shimshon) |
| Filing 28 CLERK'S JUDGMENT granting defendant's motion to dismiss (rlb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 27
ORDER: The Court receives the R & R #20 with approval and adopts its findings and legal conclusions as the Opinion of this Court. Defendant's Motion to Dismiss or Stay Complaint [Doc. 8] is hereby GRANTED. Judgment is hereby entered in favor of the Defendant and the Clerk is directed to terminate this case. Signed by Judge William M. Ray, II on 9/13/19. (rlb)
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| Civil Case Terminated. (rlb) |
| Filing 26 NOTICE by Brian Stein re #23 Objections to Report and Recommendation, #25 Reply to Objection to Report and Recommendation Of Supplemental Authority (Attachments: #1 Exhibit ORDER ON DEFENDANT TITLEMAX OF GEORGIA, INC.'S MOTION TO TRANSFER)(Wexler, Shimshon) |
| Filing 25 REPLY to Objection to Report and Recommendation re #23 Objections to Report and Recommendation filed by TitleMax of Georgia, Inc.. (Harbin, Ryan) |
| Submission of #20 FINAL REPORT AND RECOMMENDATION re #1 Complaint, to District Judge William M Ray II. (rlb) |
| Filing 24 Withdrawal of Motion #22 MOTION for Reconsideration re #20 FINAL REPORT AND RECOMMENDATION re #1 Complaint, filed by Brian Stein, #21 Order for Service of Report and Recommendation, filed by Brian Stein filed by Brian Stein. (Wexler, Shimshon) |
| Filing 23 OBJECTIONS to #20 , Report and Recommendation filed by Brian Stein. (Wexler, Shimshon) |
| Filing 22 MOTION for Reconsideration re #20 FINAL REPORT AND RECOMMENDATION re #1 Complaint, filed by Brian Stein, #21 Order for Service of Report and Recommendation, with Brief In Support by Brian Stein. (Wexler, Shimshon) |
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Filing 21
ORDER for Service of #20 Final Report and Recommendation by Magistrate Judge Walter E. Johnson. 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 Walter E. Johnson on 7/25/19. (klb)
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| Filing 20 FINAL REPORT AND RECOMMENDATION re #1 Complaint, filed by Brian Stein. Signed by Magistrate Judge Walter E. Johnson on 7/25/19. (klb) |
| FINAL REPORT AND RECOMMENDATION re #8 MOTION to Dismiss Complaint or Stay Action MOTION to Stay filed by TitleMax of Georgia, Inc. The undersigned RECOMMENDS that Defendant's Motion to Dismiss or Stay Complaint #8 be GRANTED and that this case be DISMISSED. Signed by Magistrate Judge Walter E. Johnson on 7/25/19. (klb) |
| Filing 19 REPLY BRIEF re #8 MOTION to Dismiss Complaint or Stay Action MOTION to Stay Plaintiff's Sur-Reply as permitted by Judge Johnson filed by Brian Stein. (Wexler, Shimshon) |
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Filing 18
ORDER - Defendant TitleMax of Georgia, Inc. has filed a Motion to Dismiss #8 . Plaintiff responded #9 to that motion and Defendant has replied #14 to the Response. Defendant, however, raises a potentially meritorious argument for the first time in its Reply. Given that Plaintiff has not had the opportunity to address this argument, the Court grants Plaintiff the opportunity to file a sur-reply within ELEVEN days of the date of this order. Signed by Magistrate Judge Walter E. Johnson on 6/13/19. (klb)
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| Filing 17 Notice for Leave of Absence for the following date(s): May 20, 2019, May 23-24, 2019, May 29-June 3,2019, June 21-24, 2019, July 11-21, 2019 and October 14-18, 2019, by S. Derek Bauer. (rlb) |
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Filing 16
ORDER granting #11 Motion to Stay Discovery and Pretrial Administrative Deadlines. It is ORDERED that, should any issues remain to be decided in this case after the Courts ruling on Defendants Motion to Dismiss or Stay Complaint #8 , the Parties Rule 26(f) Early Planning Conference is stayed until sixteen (16) days after Defendant has filed an Answer, the Parties Joint Preliminary Report and Discovery Plan is stayed until thirty (30) days after Defendant has filed an Answer, and the Parties Initial Disclosures are stayed until thirty (30) after Defendant has filed an Answer. Defendant's #13 Motion for Discovery is DENIED. Signed by Magistrate Judge Walter E. Johnson on 5/9/19. (jpa)
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| Filing 15 Certificate of Interested Persons and Corporate Disclosure Statement by TitleMax of Georgia, Inc. by TitleMax of Georgia, Inc..(Wiech, Christopher) Modified on 5/1/2019 to edit text(rlb). |
| Submission of #8 MOTION to Dismiss Complaint or Stay Action MOTION to Stay, to Magistrate Judge Walter E. Johnson. (rlb) |
| Filing 14 REPLY to Response to Motion re #8 MOTION to Dismiss Complaint or Stay Action MOTION to Stay filed by TitleMax of Georgia, Inc.. (Attachments: #1 Exhibit Exhibit 1--Plaintiff's State Motion to Dismiss, #2 Exhibit Exhibit 2--April 15 2019 E-Mail)(Harbin, Ryan) |
| Filing 13 MOTION for Discovery (limited) and Opposition to Defendant's Motion to Stay Discovery with Brief In Support by Brian Stein. (Wexler, Shimshon) |
| Filing 12 NOTICE of Appearance by Ryan E. Harbin on behalf of TitleMax of Georgia, Inc. (Harbin, Ryan) |
| Filing 11 MOTION to Stay Discovery and Pre-Trial Administration Deadlines with Brief In Support by TitleMax of Georgia, Inc.. (Attachments: #1 Brief Brief in support of Motion to Stay Discovery and Pre-Trial Administration Deadlines, #2 Text of Proposed Order)(Bauer, S.) |
| Filing 10 Notice for Leave of Absence for the following date(s): 4/29, 5/2, 5/3, 5/27, 5/28, 5/29, 6/7, 6/8, 6/9, 6/10, by Christopher A. Wiech. (Wiech, Christopher) |
| Filing 9 RESPONSE re #8 MOTION to Dismiss Complaint or Stay Action MOTION to Stay filed by Brian Stein. (Wexler, Shimshon) |
| Filing 8 MOTION to Dismiss Complaint or Stay Action with Brief In Support by TitleMax of Georgia, Inc.. (Attachments: #1 Brief Brief in Support of Motion to Dismiss Complaint or Stay Action, #2 Text of Proposed Order Proposed Order)(Wiech, Christopher) . Added MOTION to Stay on 4/9/2019 (rlb). |
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Filing 7
ORDER granting #6 Motion for Extension of Time to Answer; TitleMax of Georgia, Inc.'s Answer due 4/8/2019. Signed by Magistrate Judge Walter E. Johnson on 3/28/19. (jpa)
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| Filing 6 Unopposed MOTION for Extension of Time to File Answer with Brief In Support by TitleMax of Georgia, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Wiech, Christopher) |
| Filing 5 Corporate Disclosure Statement by Brian Stein by Brian Stein.(Wexler, Shimshon) |
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Filing 4
ORDER granting #3 Motion for Extension of Time to Answer. TitleMax of Georgia, Inc. Answer due 4/1/2019. Signed by Magistrate Judge Walter E. Johnson on 2/28/19. (klb)
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| Filing 3 Consent MOTION for Extension of Time to File Answer with Brief In Support by TitleMax of Georgia, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Wiech, Christopher) |
| Filing 2 Electronic Summons Issued as to TitleMax of Georgia, Inc. (ddm) |
| Filing 1 COMPLAINT, with Jury Demand, filed by Brian Stein. (Filing fee $400, receipt number 113E-8438321) (Attachments: #1 Civil Cover Sheet, #2 Summons)(ddm) 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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| Defendant: TitleMax of Georgia, Inc. | |
| Represented By: | Christopher A. Wiech |
| Represented By: | Alixandria Lynn Davis |
| Represented By: | Ryan E. Harbin |
| Represented By: | S. Derek Bauer |
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| Plaintiff: Brian Stein | |
| Represented By: | Shimshon E. Wexler |
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