Merritt v. Santander Consumer USA et al
| Scott A. Merritt |
| Santander Consumer USA, Ogden Lincoln of Westmont and Marc Lozzo |
| 1:2023cv16494 |
| December 5, 2023 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Other Statutory Actions |
| 02 U.S.C. § 431 Fed. Election Commission: Failure Enforce Compliance |
| None |
Docket Report
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| Document Text |
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| Filing 46 Rule 26 Disclosures by Santander Consumer USA (Shell, Erica) |
| Filing 45 INITIAL STATUS Report by Scott A. Merritt (Exhibits) (Envelope postmarked 1/12/2024) (jg, ) |
| Filing 44 MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed. Rule 26(a)(1) disclosures are to take place by 1/25/24. All other discovery is stayed pending a ruling on the defendant's motion. The status report indicates that Plaintiff failed to participate in the status report. Plaintiff is required to participate in discovery and to status reports as required by court orders. His failure to do so could result in the case being dismissed for failure to prosecute. Mailed notice. (dm, ) |
| Filing 43 STATUS Report by Santander Consumer USA (Attachments: #1 Exhibit A)(Shell, Erica) |
| Filing 42 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 41 MINUTE entry before the Honorable Mary M. Rowland: On or before 1/11/24, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. The court will enter a scheduling order in response. Mailed notice. (dm, ) |
| Filing 40 ATTORNEY Appearance for Defendant Santander Consumer USA by Erica Jaye Shell (Shell, Erica) |
| Filing 39 RECEIVED from Michigan Eastern; Case Number 1:23-cv-11348. (ph, ) |
Filing 38
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANT SANTANDERS MOTION TO DISMISS IN PART, AND TRANSFERRING CASE TO THE EASTERN DIVISION OF THE NORTHERN DISTRICT OF ILLINOIS. Signed by District Judge Thomas L. Ludington. (SSch) [Transferred from Michigan Eastern on 12/5/2023.]
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| TEXT-ONLY CERTIFICATE OF SERVICE re #38 Order Transferring Case Outside the State of Michigan to Scott A. Merritt, 2014 N. Saginaw Rd., #305, Midland, MI 48640. (KWin) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 37 CERTIFICATE of Service/Summons Returned Executed. Marc Lozzo served on 11/2/2023, answer due 11/27/2023; Ogden Lincoln of Westmont served on 11/2/2023, answer due 11/27/2023. (TTho) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 36 CERTIFICATE OF SERVICE by Scott A. Merritt (SSch) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 35 REPORT AND RECOMMENDATION re #21 MOTION to Dismiss filed by Santander Consumer USA. Signed by Magistrate Judge Patricia T. Morris. (KCas) [Transferred from Michigan Eastern on 12/5/2023.] |
| TEXT-ONLY CERTIFICATE OF SERVICE re #35 REPORT AND RECOMMENDATION re #21 MOTION to Dismiss filed by Santander Consumer USA on Scott A. Merritt at 2014 N. Saginaw Rd. 305, Midland, MI 48640. (KCas) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 34 ACKNOWLEDGMENT from U.S. Marshal Service of Receipt of Service of Process Documents for Marc Lozzo, Ogden Lincoln of Westmont. Documents mailed by USMS on 10/25/2023. (TTho) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 33 NOTICE OF DENIAL of Clerk's Entry of Default as to *Marc Lozzo*. Reason: *Order entered re-issuing summons on 10/2/2023* (TTho) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 31 NOTICE OF DENIAL of Clerk's Entry of Default as to *Ogden Lincoln of Westmont*. Reason: *Order entered re-issuing summons on 10/2/2023* (TTho) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 29 NOTICE OF DENIAL of Clerk's Entry of Default as to *Santander Consumer USA*. Reason: *Motion to Dismiss filed on 8/25/2023* (TTho) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 27 REPLY to Response re #21 MOTION to Dismiss filed by Santander Consumer USA. (Shell, Erica) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 26 SUMMONS Issued for *Marc Lozzo, Ogden Lincoln of Westmont* (KCas) [Transferred from Michigan Eastern on 12/5/2023.] |
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Filing 25
ORDER Directing Re-Service on Defendants Marc Lozzo and Ogden Lincoln of Westmont. Signed by Magistrate Judge Patricia T. Morris. (KCas) [Transferred from Michigan Eastern on 12/5/2023.]
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| TEXT-ONLY CERTIFICATE OF SERVICE re #25 Directing Service by the US Marshal on Scott A. Merritt at 2014 N. Saginaw Rd. 305, Midland, MI 48640. (KCas) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 32 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Marc Lozzo by Scott A. Merritt. (TTho) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 30 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Ogden Lincoln of Westmont by Scott A. Merritt. (TTho) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 28 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Santander Consumer USA by Scott A. Merritt. (TTho) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 23 CERTIFICATE of Service/Summons Returned Executed. Santander Consumer USA served on 7/25/2023, answer due 8/15/2023. (SSch) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 24 RESPONSE/OBJECTION to #21 MOTION to Dismiss filed by Scott A. Merritt. (TTho) [Transferred from Michigan Eastern on 12/5/2023.] |
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Filing 22
ORDER Requiring Response to #21 Motion to Dismiss. Response due by 9/18/2023, Reply due by 10/2/2023 Signed by Magistrate Judge Patricia T. Morris. (KCas) [Transferred from Michigan Eastern on 12/5/2023.]
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| TEXT-ONLY CERTIFICATE OF SERVICE re #22 Order Requiring Responsive Pleading on Scott A. Merritt at 2014 N. Saginaw Rd. 305, Midland, MI 48640. (KCas) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 21 MOTION to Dismiss by Santander Consumer USA. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Shell, Erica) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 20 NOTICE OF DENIAL of Clerk's Entry of Default JUDGMENT as to *Marc Lozzo*. Reason: *There is no clerk's entry of default requested and approved by the clerk* (SSch) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 19 NOTICE OF DENIAL of Clerk's Entry of Default JUDGMENT as to *Ogden Lincoln of Westmont*. Reason: *There is no clerk's entry of default requested and approved by the clerk* (SSch) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 18 NOTICE OF DENIAL of Clerk's Entry of Default JUDGMENT as to *Santander Consumer USA*. Reason: *There is no clerk's entry of default requested and approved by the clerk* (SSch) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 17 REQUEST for Clerk's Entry of Judgment by Default with Affidavit of Sum Certain as to Marc Lozzo in the amount of $124,151.38 by Scott A. Merritt. (SSch) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 16 REQUEST for Clerk's Entry of Judgment by Default with Affidavit of Sum Certain as to Ogden Lincoln of Westmont in the amount of $124,151.38 by Scott A. Merritt. (SSch) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 15 REQUEST for Clerk's Entry of Judgment by Default with Affidavit of Sum Certain as to Santander Consumer USA in the amount of $124,151.38 by Scott A. Merritt. (SSch) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 14 NOTICE of Appearance by Fawzeih H. Daher on behalf of Santander Consumer USA. (Daher, Fawzeih) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 13 NOTICE of Appearance by Erica J. Shell on behalf of Santander Consumer USA. (Shell, Erica) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 12 CERTIFICATE OF SERVICE [Marshal 285 Forms] by Scott A. Merritt (SSch) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 11 CERTIFICATE of Service/Summons Returned Executed. (LGra) Modified on 8/28/2023 (KCas). [OGDEN LINCOLN OF WESTMONT SERVED 7/27/2023] [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 10 CERTIFICATE OF SERVICE re #1 Complaint. (TTho) Modified on 8/28/2023 (KCas). [MARC LOZZO SERVED 7/24/2023] [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 9 ACKNOWLEDGMENT from U.S. Marshal Service of Receipt of Service of Process Documents for Marc Lozzo, Ogden Lincoln of Westmont, Santander Consumer USA. Documents served on 7/19/2023. (NAhm) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 8 SUMMONS Issued for *Marc Lozzo, Ogden Lincoln of Westmont, Santander Consumer USA* (JOwe) [Transferred from Michigan Eastern on 12/5/2023.] |
| Service Documents Received (JOwe) [Transferred from Michigan Eastern on 12/5/2023.] |
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Filing 7
ORDER Directing Plaintiff to Complete Service Documents and for Service of Process by the US Marshal. Signed by Magistrate Judge Patricia T. Morris. (KCas) [Transferred from Michigan Eastern on 12/5/2023.]
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| TEXT-ONLY CERTIFICATE OF SERVICE re #7 Directing Service by the US Marshal on Scott A. Merritt at 2014 N. Saginaw Rd 305, Midland, MI 48640. (KCas) [Transferred from Michigan Eastern on 12/5/2023.] |
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Filing 6
ORDER granting #2 Application to Proceed Without Prepaying Fees or Costs. Signed by Magistrate Judge Patricia T. Morris. (KCas) [Transferred from Michigan Eastern on 12/5/2023.]
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Filing 5
ORDER Referring Matters for Full Pretrial to Magistrate Judge Patricia T. Morris. Signed by District Judge Thomas L. Ludington. (KWin) [Transferred from Michigan Eastern on 12/5/2023.]
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| Filing 4 Notice Regarding Parties' Responsibility to Notify Court of Address Changes (JOwe) [Transferred from Michigan Eastern on 12/5/2023.] |
| TEXT-ONLY CERTIFICATE OF SERVICE re #6 Order on Application to Proceed Without Prepaying Fees or Costs on Scott A. Merritt at 2014 N. Saginaw Rd 305, Midland, MI 48640. (KCas) [Transferred from Michigan Eastern on 12/5/2023.] |
| TEXT-ONLY CERTIFICATE OF SERVICE re #5 Order Referring Pretrial Matters to Magistrate Judge to Scott A. Merritt, 2014 N. Saginaw Rd., 305, Midland, MI 48640. (KWin) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 3 Notice Regarding Parties' Responsibility to Notify Court of Address Changes (KCas) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 2 APPLICATION to Proceed without prepaying fees or costs by Scott A. Merritt. (TTho) [Transferred from Michigan Eastern on 12/5/2023.] |
| Filing 1 COMPLAINT filed by Scott A. Merritt against All Defendants (TTho) [Transferred from Michigan Eastern on 12/5/2023.] |
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