Somerville et al v. Klecknor et al
| Shawn Somerville and Ernest Moore |
| Kevin Klecknor, John Miciotto, May Kunipa-Jarvis, Balboa Capital Corporation and Penske Leasing and Rental Company |
| 1:2022cv03367 |
| August 22, 2022 |
| US District Court for the Northern District of Georgia |
| Charles A Pannell |
| Amy Totenberg |
| Russell G Vineyard |
| Truth in Lending |
| 15 U.S.C. § 1601 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 23 RESPONSE in Opposition re #21 MOTION to Dismiss filed by Shawn Somerville. (jkb) |
| Submission of #12 MOTION for Clerks Entry of Default, #21 MOTION to Dismiss, to Magistrate Judge Russell G. Vineyard. (bnw) |
| Filing 22 RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Shawn Somerville. (jkb) |
| Filing 21 MOTION to Dismiss Finance Company Balboa Capital Corporation for lack of inherent culpability and failure to provide definite statementby Ernest Moore. (Attachments: #1 Memorandum of Law in Support, #2 Affidavit)(jkb) |
| Filing 20 CERTIFICATE OF SERVICE filed by Balboa Capital Corporation For Defendant's Balboa Capital Corporation Initial Disclosures (Garland, David) |
| Filing 19 RESPONSE in Opposition re #13 MOTION to Stay filed by Balboa Capital Corporation. (Attachments: #1 Affidavit)(Garland, David) |
Filing 18
ORDER granting re #14 MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss #15 MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss. The time for plaintiffs to respond to defendants motions to dismiss, #6 , #7 , #8 , & #17 , is extended to 10/25/2022. Signed by Magistrate Judge Russell G. Vineyard on 10/11/2022. (jkb)
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| Clerk's Certificate of Mailing as to Ernest Moore, Shawn Somerville re #18 Order on Motion for Extension of Time. (jkb) |
| Filing 17 MOTION to Amend #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Balboa Capital Corporation. (Garland, David) |
| Filing 16 RESPONSE re #12 MOTION for Clerks Entry of Default filed by Balboa Capital Corporation. (Attachments: #1 Brief)(Garland, David) |
| Filing 12 MOTION for Clerks Entry of Default by Shawn Somerville. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Attachment)(tcc) |
| Filing 15 MOTION for Extension of Time to File Response re: #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #7 MOTION to Dismiss Specifically Appearing Defendant, #8 MOTION to Dismiss by Ernest Moore. (tcc) |
| Filing 14 MOTION for Extension of Time to File Response re: #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #7 MOTION to Dismiss Specifically Appearing Defendant, #8 MOTION to Dismiss by Shawn Somerville. (tcc) odified on 9/29/2022 (tcc). |
| Filing 13 MOTION to Stay for Payments of the 2014 Freightliner M2 Balboa Capital Corporations No. 357176-000 by Ernest Moore, Shawn Somerville. (Attachments: #1 Signed by Ernest Moore) (tcc) |
| Filing 11 NOTICE of Appearance by David Allen Garland on behalf of Balboa Capital Corporation (Garland, David) |
| Filing 10 AFFIDAVIT re #8 MOTION to Dismiss by Penske Leasing and Rental Company. (Attachments: #1 Exhibit A - Generations Autobrokers LLC Bill of Sale)(Wieseman, Joseph) Modified on 9/20/2022, QC email sent to counsel re Section II.E and IV.A of the Administrative Procedures. (tcc). |
| Filing 9 Certificate of Interested Persons by Kevin Klecknor. (Wieseman, Joseph) |
| Filing 8 MOTION to Dismiss with Brief In Support by Penske Leasing and Rental Company. (Wieseman, Joseph) |
| Filing 7 MOTION to Dismiss Specifically Appearing Defendant with Brief In Support by Kevin Klecknor. (Wieseman, Joseph) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Balboa Capital Corporation. (Attachments: #1 Brief, #2 Disclosure)(Ray, Stephan) |
| Filing 5 ---DOCUMENT FILED IN ERROR--- MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Balboa Capital Corporation. (Ray, Stephan) Modified on 9/14/2022 per attorney phone call(ane). |
| Clerk's Certificate of Mailing as to Ernest Moore, Shawn Somerville re #4 Order Reassigning Case,. (tmf) |
|
Filing 4
ORDER DECLINING CASE. Case reassigned to Judge Charles A. Pannell, Jr. for all further proceedings. Judge Amy Totenberg 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 1:22-cv-03367-CAP-RGV. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Amy Totenberg on 9/1/2022. (tmf)
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| Notification of Docket Correction re #2 Summons Issued. Corrected summonses filed as attachment to include back pages. (ceo) |
| Filing 3 Summons Issued as to Kevin Klecknor, May Kunipa-Jarvis, John Miciotto. (received by docket clerk 8/26/2022) (Attachments: #1 Summons Kunipa-Jarvis, #2 Summons Miciotto)(tmf) |
| Filing 2 Summons Issued as to All Defendants. (tmf) (Additional attachment(s) added on 8/24/2022: #1 Corrected Summonses) (ceo). |
| Filing 1 COMPLAINT with Jury Demand filed by Shawn Somerville, Ernest Moore. (Filing fee $402, receipt number GAN100140508) (Attachments: #1 Civil Cover Sheet with Receipt)(ceo) 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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