Alexander, et al v. United Recovery Sys, et al
Plaintiff: Alexander
Defendant: United Recovery Sys
Case Number: 1:2004cv00019
Filed: January 12, 2004
Court: US District Court for the District of Hawaii
Office: Hawaii Office
Nature of Suit: Banks and Banking
Cause of Action: 15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 23, 2005. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2005 Opinion or Order Filing 87 STIPULATION for dismissal with prejudice of all remaining claims and parties and ORDER by Judge David A. Ezra - filed by defendant United Recovery Sys (afc)
August 4, 2005 Filing 86 REQUESTED VOIR DIRE; certificate of service submitted by plaintiffs (emt)
August 4, 2005 Filing 85 TRIAL brief; certificate of service submitted by plaintiffs (emt)
August 4, 2005 Filing 84 CONCISE STATEMENT; certificate of service by plaintiffs (emt)
August 4, 2005 Filing 83 PROPOSED JURY INSTRUCTIONS; certificate of service submitted by plaintiffs (emt)
August 3, 2005 Opinion or Order Filing 82 ORDER by Judge David A. Ezra granting defendant United Recovery Systems' motion for relief and clarifying this court's order dated July 28, 2005 [79-1] terminating party Annette Alexander, party Mark Daryl Alexander (cc: all counsel) - The Court grants summary judgment in favor of URS as to all claims made by Annette and Mark Daryl, effectively dismissing Annette and Mark Daryl from the suit entirely. With regard to the pendant state claims, the Court denies summary judgment only as to plaintiff Mark Andrew Alexander ("Mark Andrew"). Therefore, the only claims remaining in this suit are Mark Andrew's pendant state claims and those made by Mark Andrew under the Fair Debt Collection Practices Act. (emt)
August 2, 2005 Filing 81 PROPOSED JURY INSTRUCTIONS; certificate of service submitted by defendant United Recovery Systems, Inc. (emt)
August 2, 2005 Filing 80 PROPOSED VOIR DIRE questions; certificate of service submitted by defendant United Recovery Systems, Inc. (emt)
August 2, 2005 Filing 79 NOTICE OF MOTION and motion by defendant United Recovery Systems, Inc. for relief from order dated July 28, 2005 or, in the alternative, for a continuance of the trial ; declaration of Kathy K. Higham; exhibit A; certificate of service - non-hearing motion, referred to Judge David Alan Ezra (emt)
August 2, 2005 Filing 78 TRIAL brief; exhibit A; certificate of service submitted by defendant United Recovery Systems, Inc. (emt)
August 2, 2005 Filing 77 PROPOSED SPECIAL VERDICT FORM; certificate of service by defendant United Recovery Systems, Inc. (emt)
August 2, 2005 Filing 76 MEMORANDUM by defendant United Recovery System, Inc. in opposition to plaintiff's motion in limine [67-1]; certificate of service (emt)
July 28, 2005 Opinion or Order Filing 75 ORDER GRANTING in part and DENYING in part defendant United Recovery Systems, Inc.'s motion for summary judgment [27-1] by Judge David A. Ezra [Court grants deft's M/SJ as to the plaintiffs' Fair Credit Reporting Act Claims; Court grants deft's M/SJ as to the Fair Debt Collection Practices Act claims made by plaintiffs Mark Daryl and Annette; Court denies deft's M/SJ as to the Fair Debt Collection Practices Act claim made by Mark Andrew; Court denies SJ as to all state pendant claims] (afc)
July 28, 2005 Filing 74 EP: Further Settlement Conference held. No Settlement at this time. () JUDGE Mag Judge Barry M. Kurren (afc)
July 27, 2005 Filing 73 EO: At the request of the parties, and with the approval of this court, the following deadlines have been continued from 7-26-05 to 8-2-05 (fax attached): 1. Submissions re Jury Issues (voir dire inquiries, special verdict forms, concise statement, jury instructions) 2. Trial Briefs 3. Oppositions to Motions in Limine 4. Objections to the Admissibility of Exhibits 5. Counter Designation (depo experts) Sol from Steven Guttman's office to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
July 19, 2005 Filing 72 NOTICE OF MOTION and motion by defendant United Recovery Sys in limine to exlude any reference in the hearing of the jury to changes in palintiff's credit history or credit rating ; memorandum in support of motion; certificate of service - set for 9:00 8/9/05 before Judge David A. Ezra (afc)
July 19, 2005 Filing 71 NOTICE OF MOTION and motion by defendant United Recovery Sys in limine to exclude any reference to collections efforts involving persons other than plaintiff Mark Andrew Alexander ; memorandum in support of motion; declaration of Kathy K. Higham; exhibit 1; certificate of service - set for 9:00 8/9/05 before Judge David A. Ezra (afc)
July 19, 2005 Filing 70 COMPREHENSIVE WITNESS LIST; certificate of service - submitted by defendant United Recovery Sys (afc)
July 19, 2005 Filing 69 DEPOSITION DESIGNATIONS; certificate of service - by defendant United Recovery Sys (afc)
July 19, 2005 Filing 68 CERTIFICATE of service by defendant United Recovery Sys (afc)
July 19, 2005 Filing 67 NOTICE OF MOTION and motion by plaintiffs in limine [in limine order excluding and precluding from use at trial, directly or indirectly, (1) Testimonial or documentary evidence relating to any other "bad acts" involving the Defendant, etc.; (2) any and all evidence of a Hawaii criminal record; (3) any and all hearsay evidence in violation of Federal Rules of Evidence, Rules 801-807, including but not limited to testimony elicited through oral deposition, hearsay reports or exhibits, or any other hearsay; (4) any privileged testimony; (5) any non-relevant testimony or exhibits; (6) any plea or settlement discussions; (7) non-disclosed expert testimony] - set for 9:00 8/9/05 before Judge David A. Ezra (afc)
July 19, 2005 Filing 66 FINAL WITNESS list; certificate of service - submitted by plaintiffs (afc) Modified on 07/20/2005
July 15, 2005 Filing 64 CERTIFICATE of service by defendant (afc)
July 14, 2005 Filing 65 EP: Final Pretrial Conference held. Settlement Conference set for 7-28-05 @ 10 a.m, BMK. Confidential Settlement Conference Statements due 7-27-05. 2-3 days of trial. () JUDGE Mag Judge Barry M. Kurren (afc)
July 12, 2005 Filing 63 CERTIFICATE of service by defendant United Recovery Sys (afc)
July 7, 2005 Filing 61 PRETRIAL STATEMENT; certificate of service - by defendant United Recovery Systems, Inc. (afc)
July 6, 2005 Filing 60 PRETRIAL STATEMENT by plaintiffs (afc)
June 24, 2005 Filing 62 EP: Defendant United Recovery Systems, Inc.'s Motion for Summary Judgment Against Plaintiffs Mark Andrew Alexander, Mark Daryl Alexander and Annette Alexander. Oral arguments heard Defendant United Recovery Systems, Inc.'s Motion for Summary Judgment Against Plaintiffs Mark Andrew Alexander, Mark Daryl Alexander and Annette Alexander- TAKEN UNDER ADVISEMENT. Court to issue order.taking under advisement on the motion for summary judgment against Plaintiffs Mark Andrew Alexander, Mark Daryl Alexander and Annette Alexander [27-1] (Ct Rptr: ESR in Aha Kupono) JUDGE Judge David A. Ezra (afc)
June 20, 2005 Filing 59 EO: Final PreTrial Conference set for June 28, 2005 continued to July 14, 2005 @l0:00 a.m. before Judge Kurren. PreTrial Statements are to be filed by July 7, 2005. Defendant's Counsel Steven Guttman to notify all Counsel of this continue dates. () JUDGE Mag Judge Barry M. Kurren (afc)
June 14, 2005 Filing 58 EO: Declaration of Steven Guttman re: Attorneys' Fees and Costs Incurred in Connection with Plaintiffs' Late Filings; Exhibit 1; Certificate of Servicei [54-1]. Order referring "Declaration of Steven Guttman re: Attorneys' Fees and Costs Incurred in Connection with Plaintiffs' Late Filings; Exhibit 1; Certificate of Service" to a Magistrate Judge is hereby vacated. Chief Judge David Alan Ezra will be deciding this matter. cc: all counsel vacating [57-1] [57-2] () JUDGE Judge David A. (afc)
June 13, 2005 Filing 57 ELECTION by Judge David A. Ezra - referring defendant's "Declaration of Steven Guttman re: Attorneys' Fees and Costs..." [54-1] to the Magistrate Judge - referred to Mag Judge Barry M. Kurren (afc)
June 8, 2005 Filing 56 OBJECTIONS by plaintiffs to fee declaration; declaration of counsel; certificate of service [54-1], [53-1], [48-1] (afc) Modified on 06/13/2005
June 6, 2005 Filing 55 AMENDED REPLY MEMORANDUM by defendant United Recovery Systems, Inc.; certificate of service [amended reply memo in support of the motion for summary judgment [27-1] (afc)
June 3, 2005 Filing 54 DECLARATION of Steven Guttman, attorney for defendant United Recovery Systems Inc. re attorneys' fees and costs incurred in connection with plaintiffs' late filings; exhibit 1; certificate of service [53-1], re [48-1] (afc) Modified on 06/13/2005
May 31, 2005 Filing 53 EP: Defendant United Recovery Systems, Inc.'s Motion for Summary Judgment Against Plaintiffs Mark Andrew Alexander, Mark Daryl Alexander and Annette Alexander. EX PARTE MOTION by plaintiffs to strike defendant's summary judgment motion for failure to comply with LR 56.1. Oral arguments heard. EX PARTE MOTION by plaintiffs to strike defendant's summary judgment motion for failure to comply with LR 56.1-DENIED. Defendant United Recovery Systems, Inc.'s Motion for Summary Judgment Against Plaintiffs Mark Andrew Alexander, Mark Daryl Alexander and Annette Alexander-CONTINUED to 6/24/2005 @945amDAE. Court to issue order. [27-1] [48-1] (Ct Rptr: Cynthia Fazio) JUDGE Judge David A. Ezra (afc)
May 27, 2005 Filing 52 REPLY MEMORANDUM [in support of M/SJ] by defendant United Recovery Systems, Inc.; certificate of service [27-1] (afc)
May 27, 2005 Opinion or Order Filing 51 AMENDED EX PARTE MOTION by defendant United Recovery Systems for leave to file reply memorandum less than 11 days before hearing of motion ; declaration of Steven Guttman; ORDER by Judge David A. Ezra granting ex parte motion; certificate of service (afc)
May 26, 2005 Filing 50 AMENDED supplemental concise statement of facts [in opposition to defendant's motion for summary judgment]; certificate of compliance; exhibits 1-3; certificate of service [49-1],[27-1] (afc)
May 26, 2005 Filing 49 SUPPLEMENTAL CONCISE STATEMENT OF FACTS by plaintiffs [in opposition to defendant's motion for summary judgment [27-1]]; certificate of compliance; certificate of service (afc)
May 26, 2005 Filing 48 EX PARTE MOTION by plaintiffs to strike defendant's summary judgment motion for failure to comply with LR 56.1 ; declaration of David W. Cain; certificate of service - referred to Judge David A. Ezra (afc)
May 26, 2005 Filing 44 OPPOSITION by plaintiff to defendant's ex parte motion to strike plaintiff's filings; declaration of David W. Cain; certificate of service [re: defendant's ex parte motion lodged 5/24/05] (afc)
May 25, 2005 Opinion or Order Filing 47 ORDER by Mag Judge Barry M. Kurren granting defendant United Recovery Systems Inc.'s motion for Rule 37 Sanctions in favor of defendant United Recovery Systems, Inc. against plaintiffs [29-1] - filed by deft (afc)
May 25, 2005 Opinion or Order Filing 46 ORDER by Mag Judge Barry M. Kurren denying plaintiffs' motion for Rule 37 sanctions [29-1] - filed by deft (afc)
May 25, 2005 Opinion or Order Filing 45 ORDER by Mag Judge Barry M. Kurren denying plaintiffs' Motion for Extension of Discovery Deadelines [30-1] - filed by plaintiff (afc)
May 23, 2005 Filing 43 CERTIFICATE of service by defendant United Recovery Sys (afc)
May 23, 2005 Filing 42 SUPPLEMENTAL DECLARATION of David W. Cain - filed on behalf of plaintiffs [27-1] (afc)
May 23, 2005 Filing 41 AFFIDAVIT of Annette Alexander; certificate of service [27-1] - by plaintiffs (afc)
May 23, 2005 Filing 40 AFFIDAVIT of Mark Andrew Alexander; certificate of service - by plaintiffs [27-1] (afc)
May 23, 2005 Filing 39 CONCISE STATEMENT of facts by plaintiffs (in opposition to) defendants' motion for summary judgment [27-1]; certificate of compliance; certificate of service (afc)
May 20, 2005 Filing 38 MEMORANDUM by plaintiffs in opposition to defendant's motion for summary judgment [27-1]; declaration of David W. Cain; exhibits; certificate of service (afc)
May 16, 2005 Filing 37 EP: Defendant United Recovery Systems, Inc.'s Motion for Rule 37 Sanctions in Favor of Defendant United Recovery Systems, Inc. Against Plaintiffs - GRANTED [29-1]. Guttman allowed sanctions as to all plaintiffs. Guttman allowed seven hours of time @ $180 per hour, airline costs, and court reporter costs. Guttman to prepare order. Plaintiffs' Motion for Extension of Discovery Deadlines [30-1] and Plaintiffs' Motion to Compel Discovery - DENIED. Guttman to prepare order. Motion to Withdraw From Mark Daryl Alexander and Annette Alexander as Counsel [35-1] - withdrawn per David Cain. Settlement Conference held in chambers from 2:22 p.m. - 2:50 p.m. No settlement at this time.(Ct Rptr: C6 CD; Time: 2:07-2:22) JUDGE Mag Judge Barry M. Kurren (afc)
April 28, 2005 Filing 36 OBJECTION by plaintiffs to defendant's motion for summary judgment [27-1] (afc)
April 28, 2005 Filing 35 MOTION by David W. Cain, attorney for plaintiffs to withdraw from Mark Daryl Alexander and Annette Alexander as counsel ; declaration of counsel; certificate of service - referred to Mag Judge Barry M. Kurren (afc)
April 20, 2005 Filing 34 EO: Continued : [Defendant United Recovery Systems, Inc.'s Motion for Rule 37 Sanctions in Favor of Defendant United Recovery Systems, Inc. Against Plaintiffs, Plaintiffs' Motion for Extension of Discovery Deadlines, and Plaintiffs' Motion to Compel Discovery and for Sanctions] from 04/21/2005 02:30:00 PM to 05/16/2005 02:00:00 PM before BMK. Settlement Conference set for 05/16/2005 02:00:00 PM before BMK. Notified: David W. Cain, Steven Guttman [29-1] [30-1] () JUDGE Mag Judge Barry M. Kurren (afc)
April 1, 2005 Filing 33 MEMORANDUM by defendant United Recovery Sys in opposition to plaintiffs' motion For Extension of Discovery Deadlines [30-1]; declaration of Steven Guttman; exhibit A; certificate of service (afc)
March 17, 2005 Filing 32 AMENDED SEPARATE AND CONCISE STATEMENT of facts by defendant United Recovery Sys in support of its motion for summary judgment against Plaintiffs Mark Andrew Alexander, Mark Daryl Alexander and Annette Alexander [27-1]; certificate of compliance with LR 7.5 and 56.1(d); certificate of service (afc)
March 17, 2005 Filing 31 SUPPLEMENT by defendant United Recovery Sys to its motion for summary judgment against Plaintiffs Mark Andrew Alexander, Mark Daryl Alexander and Annette Alexander [27-1]; declaration of Kathy K. Higham; exhibits A-C; certificate of service (afc)
March 15, 2005 Filing 30 MOTION For Extension of Discovery Deadelines ; Declaration of Counsel; Certificate of Service before Mag Judge Barry M. Kurren (gs)
March 9, 2005 Filing 28 Defendant United Recovery Systems Inc.'s Separate and Concise STATEMENT of facts in support of motion for summary judgment against Plaintiffs Mark Andrew Alexander, Mark Daryl Alexander and Annette Alexander; Certificate of Compliance with Local Rules 7.5 and 56.1(d); Certificate of Service [27-1] (gs)
March 9, 2005 Filing 27 NOTICE OF Hearing on MOTION; Motion for summary judgment against Plaintiffs Mark Andrew Alexander, Mark Daryl Alexander and Annette Alexander ; Memorandum in Support of Motion; Declaration of Michael Strachan; Certificate of Service set for 10:30 5/31/05 before Judge David A. Ezra (gs)
March 7, 2005 Filing 29 Defendant United Recovery Systems, Inc.'s MOTION for Rule 37 sanctions in favor of Defendant United Recovery Systems, Inc. Against Plaintiffs ; Memorandum in Support of Motion; Declaration of Steven Guttman; Exhibits 1 to 14; Notice of Hearing; Certificate of Service set for 2:30 4/21/05 before Mag Judge M. Kurren (gs)
February 25, 2005 Filing 26 CERTIFICATE of service by defendant United Recovery Sys (ecs)
February 18, 2005 Filing 25 CERTIFICATE of service by defendant United Recovery Sys (afc)
February 4, 2005 Filing 24 CERTIFICATE of service by defendant United Recovery Sys (afc)
February 3, 2005 Filing 23 CERTIFICATE of service by defendant United Recovery Sys (afc)
December 23, 2004 Filing 22 CERTIFICATE of service by plaintiff Mark Andrew Alexander, plaintiff Mark Daryl Alexander, plaintiff Annette Alexander (gs)
December 20, 2004 Filing 21 CERTIFICATE of service by defendant United Recovery Sys (gs)
December 14, 2004 Filing 20 EO : ;Settlement conference held ; no settlement at this time; further conference on call ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (lmg)
November 24, 2004 Filing 19 EO: Continued : [Settlement Conference] from 12/08/2004 09:00:00 AM to 12/14/2004 03:00:00 PM before BMK. David Cain to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
November 22, 2004 Filing 18 NOTICE OF DISMISSAL as to party HSBC Group, party HSBC USA Inc., and party Household Bank - dismissal purs to FRCP 41 - filed by plaintiffs (afc)
October 14, 2004 Filing 17 EO: Settlement Conference continued from 12-3-04 to 9:00 12/8/04 before Mag Judge Barry M. Kurren ; cc: David Cain, Steven Guttman () JUDGE Mag Judge Barry M. Kurren (afc)
October 13, 2004 Filing 16 RULE 16 SCHEDULING ORDER Mag Judge Barry M. Kurren (cc: all counsel) (afc)
October 13, 2004 Filing 15 EP: Rule 16 Scheduling Conference held. Court to prepare order. 1. Jury trial on August 9, 2005 at 9:00 a.m. before DAE 2. Final Pretrial Conference on June 28, 2005 at 9:00 a.m. before BMK 3. 4. Final Pretrial Statement by June 21, 2005 5. File motions to Join/Add Parties/Amend Pleadings by January 7, 2005 6. File other Non-Dispositive Motions by May 11, 2005 7. File Dispositive Motions by March 9, 2005 8a. File Motions in Limine by July 19, 2005 8b. File opposition memo to a Motion in Limine by July 26, 2005 11a. Plaintiff's Expert Witness Disclosures by February 7, 2005 11b. Defendant's Expert Witness Disclosures by March 9, 2005 12. Discovery deadline June 9, 2005 13. Settlement Conference set for December 3, 2004 at 9:30 a.m. before BMK 14. Settlement Conference statements by November 30, 2004 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by July 26, 2005 21. File Final witness list by July 19, 2005 24. Exchange Exhibit and Demonstrative aids by July 12, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by July 19, 2005 26. File objections to the Exhibits by July 26, 2005 28a. File Deposition Excerpt Designations by July 19, 2005 28b. File Deposition Counter Designations and Objections by July 26, 2005 29. File Trial Brief by July 26, 2005 30. Other Matters: Re Settlement Conference set for 12-3-04 - plaintiff to make demand by 10-27-04, defendant to respond to demand by 11-10-04, thereafter, parties to meet on settlement. Clients to be available by phone. cc: Tammy Kimura [rule 16 scheduling conference held on 9:00 10/13/04 before Mag Judge Barry M. Kurren ; Jury Trial set for 9:00 8/9/05 before Judge David A. Ezra ; final pretrial conference set for 9:00 6/28/05 before Mag Judge Barry M. Kurren ; Discovery ddl set for 6/9/05; Motion filing set for 3/9/05; settlement conference set for 9:30 12/3/04 before Mag Judge Barry M. Kurren] (Ct Rptr: C6-No Record Taken) JUDGE Mag Judge Barry M. Kurren (afc)
October 7, 2004 Filing 14 EO: Continued : [Rule 16 Scheduling Conference] from 10/12/2004 09:00:00 AM to 10/13/2004 09:00:00 AM before BMK. Notified David Cain, Steven Guttman thru Sol () JUDGE Mag Judge Barry M. Kurren (afc)
September 10, 2004 Filing 13 EO: Continued : [Rule 16 Scheduling Conference] from 09/13/2004 09:00:00 AM to 10/12/2004 09:00:00 AM before BMK. Cain to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
September 9, 2004 Filing 12 CERTIFICATE of service by defendant United Recovery Sys (afc)
September 9, 2004 Filing 11 CERTIFICATE of service by defendant United Recovery Sys (afc)
September 9, 2004 Filing 10 CERTIFICATE of service by defendant United Recovery Sys (afc)
September 3, 2004 Filing 9 SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant United Recovery Sys (eps)
August 5, 2004 Filing 8 ANSWER by defendant United Recovery Systems Inc. to complaint; certificate of service [1-1] (afc)
July 21, 2004 Filing 7 CERTIFICATE of service by plaintiffs (afc)
July 20, 2004 Filing 6 EO : rule 16 scheduling conference continued from 7/26/2004 9:00 a.m. to 9:00 9/13/04 before Mag Judge Barry M. Kurren Deft. was recently served. Cain to notify parties. ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (gab)
June 8, 2004 Filing 5 EP: Rule 16 Scheduling Conference - continued to 07/26/04 at 9:00 a.m. BMK. Plaintiff's counsel having difficulty serving defendants. Counsel to file an Ex Parte Motion to Extend Time for Service by 06/25/04 (Ct Rptr: No Record Taken) JUDGE Mag Judge Barry M. Kurren (afc)
May 17, 2004 Filing 4 EO: Continued : [Rule 16 Scheduling Conference] from 05/17/2004 09:00:00 AM to 06/08/2004 11:00:00 AM before BMK. Cain to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
April 9, 2004 Filing 3 EO: Continued : [Rule 16 Scheduling Conference] from 04/12/2004 09:00:00 AM to 05/17/2004 09:00:00 AM before BMK. Complaint not yet served. Yvette from Cain's office to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
January 12, 2004 Opinion or Order Filing 2 ORDER by Judge David A. Ezra rule 16 conference set for 9:00 4/12/04 before Mag Judge Barry M. Kurren (afc)
January 12, 2004 Filing 1 COMPLAINT and demand for jury trial; summons (Summons issued) (afc)

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Plaintiff: Alexander
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Defendant: United Recovery Sys
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