Gaeta v. Mercer Belanger Professional Corporation
Plaintiff: Edward Gaeta
Defendant: Mercer Belanger Professional Corporation
Case Number: 4:2016cv00058
Filed: July 29, 2016
Court: US District Court for the Northern District of Indiana
Office: Lafayette Office
County: Tippecanoe
Presiding Judge: John E Martin
Presiding Judge: Joseph S Van Bokkelen
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 28, 2021 Opinion or Order Filing 123 OPINION AND ORDER: The Court ORDERS that this case is REMANDED to Tippecanoe County Circuit Court under cause number 79C01-1607-CT-110. The Court DENIES as moot Plaintiff's Motion for Reconsideration of the Court's Summary Judgment Opinio n 110 - 110 -1, 112 , Plaintiff's Motion for Reconsideration of the Court's Order for Plaintiff to Brief Standing 111 114 because this Court does not have jurisdiction over these claims, and DENIES Plaintiff's request for attorney fees and the Request for Hearing 122 to address fees. Signed by Magistrate Judge John E Martin on 10/28/2021. (cc: Tippecanoe County Circuit Court) (lhc) Modified on 10/28/2021 (lhc).
August 11, 2021 Opinion or Order Filing 110 OPINION AND ORDER: The Court hereby GRANTS in part the Motion for Summary Judgment 97 on Plaintiff's claims that Defendant violated § 1692f(1) and § 1692e by attempting to collect an amount not expressly authorized by the agreement creating the debt and that the letter included false and misleading language, and TAKES UNDER ADVISEMENT the motion with respect to the other claims. The Court TAKES UNDER ADVISEMENT Plaintiff's Motion for Partial Summary Judgment 100 , GRANTS in part Plaintiff's Motion for Oral Argument 106 , and SETS this matter for a hearing on the issue of standing with respect to the claims that the dunning letter violated § 1692e and that did not include language required by § 1692g for August 16, 2021, at 10:00 a.m. (Central Time) as part of the final pretrial conference. Parties are instructed to dial 877-873-8017 and enter access code 5155509# when prompted. Signed by Magistrate Judge John E Martin on 8/11/2021. (mrm)
November 27, 2018 Opinion or Order Filing 58 OPINION AND ORDER: GRANTS 49 MOTION for Attorneys' Fees re 48 Order on Motion to Compel, by Plaintiff Edward Gaeta and ORDERS Defendant to reimburse Plaintiff in the sum of $3350.50 in attorney fees within a reasonable time. Signed by Magistrate Judge John E Martin on 11/27/2018. (lhc)
October 13, 2017 Opinion or Order Filing 36 OPINION AND ORDER: The Court hereby GRANTS in part 34 Plaintiff's Motion to Strike and ORDERS the Defendant's answers to paragraphs 12, 13, 31, 45 and 53 and its sixth, seventh, eight, and tenth affirmative defenses are hereby STRICKEN. Signed by Magistrate Judge John E Martin on 10/13/2017. (jss)
August 2, 2017 Opinion or Order Filing 25 OPINION AND ORDER: The Court STRIKES without prejudice the dispositive motion 11 as premature. Mercer may move for summary judgment later. Mercer may answer or otherwise respond to the complaint within 21 days of the entry of this order. Signed by Judge Joseph S Van Bokkelen on 8/2/2017. (jss)
October 31, 2016 Opinion or Order Filing 22 OPINION AND ORDER DENYING 13 RULE 12(f) MOTION to Strike 11 MOTION to Dismiss for Failure to State a Claim or Alternatively, to Exclude Matters Outside of the Pleadings by Plaintiff Edward Gaeta. Signed by Magistrate Judge John E Martin on 10/27/16. (cer)
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Plaintiff: Edward Gaeta
Represented By: Duran L Keller
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Defendant: Mercer Belanger Professional Corporation
Represented By: John S Mercer
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