Automotive Assurance Group v. Giddens et al
| Automotive Assurance Group |
| CareGuard Warranty Services, Inc. and Justin H. Giddens |
| 1:2020cv03356 |
| August 13, 2020 |
| US District Court for the Northern District of Georgia |
| Eleanor L Ross |
| Contract: Other |
| Defendant |
Docket Report
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This docket was last retrieved on October 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 41 RESPONSE in Opposition re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Automotive Assurance Group. (Kienzler, Richard) |
Filing 40
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (ddm) (ADI)
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| Filing 38 Unopposed MOTION for Extension of Time For Automotive Assurance Group to File its Response to Motion to Dismiss re: #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Automotive Assurance Group. (Pearson, Steven) |
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Minute Order (by docket entry only) GRANTING [Doc. 38] Unopposed Extension of Time allowing Plaintiff until October 2,2020 to respond to Defendants [Doc. 30] Motion to Dismiss. The Defendant has until October 27, 2020 to reply. Approved by District Judge Eleanor L. Ross on 9/18/20. (mlb)
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| Filing 39 Mail Returned as Undeliverable. Mail sent to Steven D. Pearson re #8 Instructions for Cases Assigned to the Honorable Eleanor L. Ross. (adg) |
| Filing 37 Minute Entry for proceedings held before Judge Eleanor L. Ross: Motion Hearing held on 9/15/2020 re #3 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED. #3 Motion for TRO TAKEN UNDER ADVISEMENT. Court called to order. This hearing began on September 10, 2020. However, due to technical difficulties with Zoom, it was continued. Oral arguments continued regarding outstanding TRO motion. The Court took the motion under advisement and will prepare an order with its ruling. Court adjourned. (Court Reporter Jana Colter) (jpk) |
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Filing 36
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM: IT IS ORDERED that Bartholomew Phillip Dalton is allowed to bring equipment into the United States Courthouse for use in Courtroom 1708, on the 17th floor: laptop(s) and cell phone(s) and the accompanying chargers and cables. This Order shall be effective Tuesday, September 15, 2020, at 9:30 a.m. and shall remain in force until the conclusion of the day. Signed by Judge Eleanor L. Ross on 9/15/2020. (jpk)
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| Filing 35 Minute Entry for proceedings held before Judge Eleanor L. Ross: Motion Hearing held on 9/10/2020 re #3 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED. The parties agreed to appear via videoconference. Court called to order. Oral arguments regarding outstanding motion. Due to technical difficulties the hearing is rescheduled for Tuesday, September 15, 2020 at 9:30am in Courtroom 1708. Court adjourned. (Court Reporter Elizabeth Cohn) (jpk) |
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Filing 34
ORDER: The Court RESCHEDULES the hearing on Plaintiff's #3 Motion for a Temporary Restraining Order and Preliminary Injunction for Tuesday, September 15, 2020, at 9:30 a.m., in Courtroom 1708, United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, GA, 30303. The Court will only hear argument from counsel and will only consider the exhibits currently in the record. The hearing will proceed according the proposed schedule previously submitted by the Parties. Signed by Judge Eleanor L. Ross on 9/10/2020. (jpk)
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MINUTE ORDER (by docket entry only) GRANTING #27 Application for Admission Pro Hac Vice of Richard Thomas Kienzler and GRANTING #28 Application for Admission Pro Hac Vice of Joel Bradley Bruckman. Approved by District Judge Eleanor L. Ross on 9/10/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)
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| Clerk's Certificate of Mailing (via email) to Attorneys Richard T. Kienzler and Joel B. Bruckman as to Automotive Assurance Group regarding Orders on Application for Admission PHVs. (mlb) |
| APPROVAL by Clerks Office re: #28 APPLICATION for Admission of Joel Bradley Bruckman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10109160).. Attorney Joel Bruckman added appearing on behalf of Automotive Assurance Group (cdg) |
| APPROVAL by Clerks Office re: #27 APPLICATION for Admission of Richard Thomas Kienzler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10109141).. Attorney Richard T. Kienzler added appearing on behalf of Automotive Assurance Group (cdg) |
| Filing 33 Exhibit List and Submission of Exhibits For Preliminary Injunction Hearing by Automotive Assurance Group.. (Pearson, Steven) |
| Filing 32 AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED Declaration of Nick D'Amico filed by Automotive Assurance Group. (Pearson, Steven) |
| Filing 31 ANSWER to #1 COMPLAINT with Jury Demand by Justin H. Giddens. Discovery ends on 2/5/2021.(Benson, Donald) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by CareGuard Warranty Services, Inc.. (Attachments: #1 Text of Proposed Order)(Burt, Jacqueline) |
| Filing 29 STATUS REPORT Joint Proposed Schedule of Proceedings For Preliminary Injunction Hearing by Automotive Assurance Group. (Pearson, Steven) |
| Filing 28 APPLICATION for Admission of Joel Bradley Bruckman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10109160).by Automotive Assurance Group. (Wasserman, Daniel) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 27 APPLICATION for Admission of Richard Thomas Kienzler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10109141).by Automotive Assurance Group. (Wasserman, Daniel) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 26
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (ddm) (ADI)
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Filing 25
ORDER: Upon further review of the Parties' briefs and submissions, the Court has determined it will only hear argument from counsel at the hearing. The Court DIRECTS the Parties to submit any exhibits they intend to discuss at the September 10, 2020 hearing no later than 5:00 pm on Tuesday, September 8, 2020. Signed by Judge Eleanor L. Ross on 9/2/2020. (jpk)
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| Filing 24 CERTIFICATE OF SERVICE filed by Automotive Assurance Group Plaintiff's Reply In Support of Its Motion For Temporary Restraining Order (Pearson, Steven) |
| Filing 23 REPLY BRIEF in Support of #3 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Automotive Assurance Group. (Pearson, Steven) Modified on 9/1/2020 to edit text (jpk). |
| APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Kasia Brozynski Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10059813).. Attorney Katarzyna Brozynski added appearing on behalf of CareGuard Warranty Services, Inc. (nmb) |
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MINUTE ORDER (by docket entry only) GRANTING #15 Application for Admission Pro Hac Vice of Bartholomew Philip Dalton and GRANTING #16 Application for Admission Pro Hac Vice of Katarzyna Brozynski. Approved by District Judge Eleanor L. Ross on 8/27/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)
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| Clerk's Certificate of Mailing to Attorney Bartholomew Philip Dalton as to CareGuard Warranty Services, Inc. regarding Order on Application for Admission PHV. (mlb) |
| APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Bart Dalton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10059799).. Attorney Bartholomew Philip Dalton added appearing on behalf of CareGuard Warranty Services, Inc. (nmb) |
| Filing 22 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Richard T. Kienzler. Clerk to follow-up by 9/8/2020. (nmb) |
| Filing 21 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Joel Bruckman. Clerk to follow-up by 9/8/2020. (nmb) |
| Filing 20 NOTICE of Appearance by Donald W. Benson on behalf of Justin H. Giddens (Benson, Donald) |
| Clerks Notation re #19 Certificate of Interested Persons/Corporate Disclosures by CareGuard Warranty Services, Inc.. Read and approved by District Judge Eleanor L. Ross. (mlb) |
| Filing 19 Certificate of Interested Persons and Corporate Disclosure Statement by CareGuard Warranty Services, Inc.. (Burt, Jacqueline) |
| Filing 18 CERTIFICATE OF SERVICE re #17 Response in Opposition to Motion CORRECTED by Justin H. Giddens.(Benson, Donald) |
| Filing 17 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Justin H. Giddens. (Attachments: #1 Affidavit Affidavit of Justin Giddens)(Benson, Donald) |
| Filing 16 APPLICATION for Admission of Kasia Brozynski Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10059813).by CareGuard Warranty Services, Inc.. (Burt, Jacqueline) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 15 APPLICATION for Admission of Bart Dalton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10059799).by CareGuard Warranty Services, Inc.. (Burt, Jacqueline) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 14 RESPONSE in Opposition to #3 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by CareGuard Warranty Services, Inc. (Burt, Jacqueline) Modified on 8/26/2020 to edit text (jpk). |
| Filing 13 NOTICE of Appearance by Jacqueline Knapp Burt on behalf of CareGuard Warranty Services, Inc. (Burt, Jacqueline) |
| Filing 12 Return of Service Executed by Automotive Assurance Group. CareGuard Warranty Services, Inc. served on 8/17/2020, answer due 9/7/2020. (Wasserman, Daniel) Modified to edit text on 8/18/2020 (ah). |
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MINUTE ORDER (by docket entry only) GRANTING #7 Application for Admission Pro Hac Vice of Steven Dale Pearson. Approved by District Judge Eleanor L. Ross on 8/18/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)
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| APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Steven Dale Pearson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10025808).. Attorney Steven D. Pearson added appearing on behalf of Automotive Assurance Group (cdg) |
| Clerk's Certificate of Mailing to Attorney Steven D. Pearson as to Automotive Assurance Group regarding Order on Application for Admission PHV. (mlb) |
| Filing 11 CERTIFICATE OF SERVICE filed by Automotive Assurance Group (Wasserman, Daniel) |
| Filing 10 Return of Service Executed by Automotive Assurance Group. Justin H. Giddens served on 8/16/2020, answer due 9/8/2020. (Wasserman, Daniel) |
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Filing 9
ORDER: The Court SCHEDULES a hearing on Plaintiff's #3 Motion for a Temporary Restraining Order and Preliminary Injunction for Thursday, September 10, 2020, at 9:30 a.m., in ATLA Courtroom 1708. The Court DIRECTS the Parties to file briefs in accordance with the instructions stated herein. The Court DIRECTS Plaintiff's counsel to immediately serve a copy of (1) the Complaint, (2) Plaintiff's Motion for Temporary Restraining Order, and (3) this order on Defendants, and to file a certificate of service on the docket showing that service has been made. Finally, the Court DIRECTS the Parties to jointly submit a proposed schedule for the hearing setting forth how much time is requested by each Party to argue each issue by Friday, September 4, 2020. Signed by Judge Eleanor L. Ross on 8/14/2020. (bnp)
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| Filing 8 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| Clerks Notation re #5 Certificate of Interested Persons/Corporate Disclosures by Automotive Assurance Group identifying Other Affiliate Amynta Holdings, LLC for Automotive Assurance Group. Read and approved by District Judge Eleanor L. Ross. (mlb) |
| Clerk's Certificate of Mailing to Attorney Steven Pearson as to Automotive Assurance Group regarding #8 Order. (mlb) |
| Filing 7 APPLICATION for Admission of Steven Dale Pearson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10025808).by Automotive Assurance Group. (Wasserman, Daniel) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 6
SIXTH AMENDMENT TO GENERAL ORDER 20-01 IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 8/3/2020. (bnp)
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| Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Automotive Assurance Group identifying Other Affiliate Amynta Holdings, LLC for Automotive Assurance Group. (bnp) |
| Filing 4 Electronic Summons Issued as to CareGuard Warranty Services, Inc. and Justin H. Giddens. (Attachments: #1 Summons Giddens)(bnp) |
| Filing 3 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED by Automotive Assurance Group. (bnp) |
| Filing 2 NOTICE of Appearance by Daniel Alan Wasserman on behalf of Automotive Assurance Group (bnp) |
| Filing 1 COMPLAINT filed by Automotive Assurance Group. (Filing fee $400, receipt number AGANDC-10023747) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(bnp) 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. |
| Submission of #3 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED to District Judge Eleanor L. Ross. (bnp) |
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