COX et al v. SHERMAN CAPITAL LLC et al
Plaintiff: ANDREW COX, ROBERT GOODALL, STEPHANIE SNYDER and LUCINDA COX
Defendant: LVNV FUNDING LLC, MOULTRIE STREET LLC, SHERMAN CAPITAL LLC, BENJAMIN W. NAVARRO, GREENHILL STREET LLC, JOHN DOES 1-50, CONCORD STREET LLC, WOOLFE STREET LLC, SHERMAN FINANCIAL GROUP LLC, FULTON STREET LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, HAGOOD STREET LLC, HUGER STREET LLC, MEETING STREET PARTNERS II INC., PRINCESS STREET LLC, ARCHDALE STREET LLC, PEACHTREE STREET LLC, SCOTT E. SILVER, KENNETT KENDALL, RESURGENT CAPITAL SERVICES, LP, JASPER STREET LLC, KEVIN P. BRANIGAN, UNKNOWN S CORPORATION, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, CHARLOTTE STREET LLC, CHALMERS STREET LLC, LESLIE G. GUTIERREZ, SHERMAN CAPITAL MARKETS LLC and JACOBS ALLEY LLC
Intervenor: CHRISTOPHER GODSON and Jovana Moukengeschaie
Case Number: 1:2012cv01654
Filed: November 9, 2012
Court: U.S. District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Mark J Dinsmore
Referring Judge: Tanya Walton Pratt
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 15 U.S.C. § 1692
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 24, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2016 Opinion or Order Filing 583 ORDER re [498, 506, 548 and 551] MOTION to Maintain Documents Under Seal GRANTS IN PART AND DENIES IN PART the parties' motion (See Order). Signed by Magistrate Judge Mark J. Dinsmore on 5/24/2016.(CBU)
May 24, 2016 Opinion or Order Filing 582 ORDER denying Intervenors' #569 Motion to Intervene to Modify Protective Order and Unseal Docket Entries. Signed by Magistrate Judge Mark J. Dinsmore on 5/24/2016. (CBU)
May 17, 2016 Opinion or Order Filing 581 ORDER granting Intervenors' #577 Motion for Leave to File supplemental authority in support of their pending motion to intervene. Docket Nos. 577-1 and 577-2 are deemed filed. Signed by Magistrate Judge Mark J. Dinsmore on 5/17/2016. (SWM)
May 2, 2016 Filing 580 REPLY in Support of Motion re #569 MOTION to Intervene to Modify Protective Order and Unseal Documents , filed by Intervenor Parties CHRISTOPHER GODSON, Jovana Moukengeschaie. (Bromberg, Brian)
May 2, 2016 Filing 579 DECLARATION of Attorney Brian L. Bromberg (Reply Declaration in Further Support) re #569 Motion to Intervene by CHRISTOPHER GODSON, Jovana Moukengeschaie. (Attachments: #1 Exhibit A - LVNV Opposition to Godson Motion for Reconsideration, #2 Exhibit B - Letter from LVNV's Attorneys - Godson, #3 Exhibit C - Letter from LVNV's Attorneys - Moukengeschaie, #4 Exhibit D - Email from Jonathan Miller dated 4-11-2016, #5 Exhibit E - Email from Jonathan Miller dated 4-28-2016, #6 Exhibit F - Discovery requests served on LVNV in Godson, #7 Exhibit G - NYS e-Courts search 2016, #8 Exhibit H - NYS e-Courts search 2015 part a, #9 Exhibit I - NYS e-Courts search 2015 part b, #10 Exhibit J - NYS e-Courts search 2014 part a, #11 Exhibit K - NYS e-Courts search 2014 part b, #12 Exhibit L - Cook County Illinois Electronic Full Case Docket Search, #13 Exhibit M - Indiana MyCase Search 2015 part a, #14 Exhibit N - Indiana MyCase Search 2015 part b, #15 Exhibit O - Indiana MyCase Search 2014 part a, #16 Exhibit P - Indiana MyCase Search 2014 part b, #17 Exhibit Q - Affirmation of Jonathan Miller dated 2-2-2016 with exhibits, #18 Exhibit R - Nine answers recently filed by LVNV in FDCPA cases, #19 Exhibit S - LVNV Memo in Support of Summary Judgment in Godson, #20 Exhibit T - LVNV Memo in Opposition to Motion to Compel in Godson)(Bromberg, Brian)
April 25, 2016 Filing 578 RESPONSE in Opposition re #569 MOTION to Intervene to Modify Protective Order and Unseal Documents , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
April 22, 2016 Filing 577 MOTION for Leave to File Supplemental Authority, filed by Intervenor Parties CHRISTOPHER GODSON, Jovana Moukengeschaie. (Attachments: #1 Declaration of Brian L. Bromberg, #2 Exhibit A - Decision of Magistrate Judge Schroeder dated April 15, 2016, #3 Text of Proposed Order)(Bromberg, Brian)
April 11, 2016 Filing 576 NOTICE (Certificate of Service of Dkts. 569, 573, & 575 on attorneys in Godson and Moukengeschaie cases), filed by Intervenor Parties CHRISTOPHER GODSON, Jovana Moukengeschaie, re #575 Brief/Memorandum in Support of Motion, #569 MOTION to Intervene to Modify Protective Order and Unseal Documents, #573 Declaration. (Bromberg, Brian)
April 8, 2016 Filing 575 BRIEF/MEMORANDUM in Support re #569 MOTION to Intervene to Modify Protective Order and Unseal Documents , filed by Intervenor Parties CHRISTOPHER GODSON, Jovana Moukengeschaie. (Bromberg, Brian)
April 8, 2016 Opinion or Order Filing 574 ORDER DISMISSING UNREPRESENTED DEFENDANTS JOHN DOES 1-50 AND UNKNOWN S CORPORATION - The Court, having been moved to dismiss this action as to remaining Defendants John Does 1-50 and Unknown S Corporation, without prejudice, as no Answer or responsive pleading was ever filed as to said defendants nor did anyone ever appear for said defendants: IT IS HEREBY ORDERED that Defendants John Does 1-50 and Unknown S Corporation are DISMISSED, without prejudice, and a FINAL ORDER OF DISMISSAL is hereby issued. Signed by Judge Tanya Walton Pratt on 4/8/2016.(JLS)
April 7, 2016 Filing 573 DECLARATION of Attorney Brian L. Bromberg in Support of Motion to Intervene, re #569 Motion to Intervene by CHRISTOPHER GODSON, Jovana Moukengeschaie. (Attachments: #1 Exhibit A - Godson Complaint, #2 Exhibit B - Godson Discovery Order 9-11-13, #3 Exhibit C - Godson Discovery Order 9-15-14, #4 Exhibit D - Godson Discovery Order 9-30-15, #5 Exhibit E - Godson Stipulated Confidentiality Order, #6 Exhibit F - Godson Electronic Docket as of 4-7-16, #7 Exhibit G - Godson Subpoena on Plews Shadley, #8 Exhibit H - Cox 30(b)(6) Deposition Notice - LVNV, #9 Exhibit I - Cox 30(b)(6) Deposition Notice - Resurgent, #10 Exhibit J - Cox 30(b)(6) Deposition Notice - Sherman Financial Group, #11 Exhibit K - Cox 30(b)(6) Deposition Notice - Sherman Originator, #12 Exhibit L - Cox 30(b)(6) Deposition Notice - Sherman Capital, #13 Exhibit M - Godson Miscellaneous Case Electronic Docket, #14 Exhibit N - Godson Miscellaneous Case Opposition to Motion to Quash, #15 Exhibit O - Godson Miscellaneous Case Order Quashing Subpoena, #16 Exhibit P - Godson Miscellaneous Case Objections to Magistrate Judge's Decision, #17 Exhibit Q - Godson Miscellaneous Case Motion for Reconsideration, #18 Exhibit R - Moukengeschaie Complaint, #19 Exhibit S - Moukengeschaie Electronic Docket as of 4-7-16)(Bromberg, Brian)
April 7, 2016 Filing 572 MOTION to Dismiss Unrepresented Defendants Does 1-50 and Unknown S Corporation, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Walker, F.)
April 6, 2016 Opinion or Order Filing 571 ORDER re #566 Stipulation of Dismissal filed by STEPHANIE SNYDER, LUCINDA COX, ANDREW COX, ROBERT GOODALL. The Court NOW ORDERS that this case is DISMISSED with prejudice as to the named plaintiffs Andrew Cox, Lucinda Cox, Stephanie Snyder, and Robert Goodall, and without prejudice as to any unnamed putative class members. The parties to the stipulation shall bear their own costs and fees. This Stipulation does not address the Defendants' John Does 1-50 or Unknown S Corporation. Final order cannot be issued until these parties are dismissed or otherwise disposed. Signed by Judge Tanya Walton Pratt on 4/6/2016.(MAC)
April 6, 2016 Filing 570 NOTICE (Certificate of Service for Dkt. 569), filed by Intervenor Parties CHRISTOPHER GODSON, Jovana Moukengeschaie, re #569 MOTION to Intervene to Modify Protective Order and Unseal Documents. (Bromberg, Brian)
April 6, 2016 Filing 569 MOTION to Intervene to Modify Protective Order and Unseal Documents, filed by Intervenor Parties CHRISTOPHER GODSON, Jovana Moukengeschaie. (Attachments: #1 Text of Proposed Order)(Bromberg, Brian)
April 5, 2016 Opinion or Order Filing 567 ORDER RESTORING CASE TO ACTIVE DOCKET - The Court, having been moved to reopen this cause administratively closed and being advised that the purpose of such restoration to the active docket is to file an agreed Stipulation of Dismissal and Order dismissing the case with prejudice, now finds such restoration to be appropriate. ORDERED this case shall be returned to the active docket instanter. Signed by Judge Tanya Walton Pratt on 4/5/2016. (JLS)
April 4, 2016 Filing 566 STIPULATION of Dismissal , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
April 4, 2016 Filing 565 MOTION TO REOPEN ADMINISTRATIVELY CLOSED CASE, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Walker, F.)
March 31, 2016 Opinion or Order Filing 564 ORDER - Pursuant to parties' notification of an agreed settlement in this matter, the Court ORDERS that this cause be administratively closed. Either party may move to restore the action to the Court's active docket no later than April 20, 2016 for final dismissal. Otherwise, the Court will restore the matter to the active docket after April 20, 2016. Signed by Judge Tanya Walton Pratt on 3/31/2016.(JLS)
March 21, 2016 Opinion or Order Filing 563 ORDER DIRECTING FILING OF DOCUMENTS AUTHORIZING DISMISSAL: The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED. Within thirty (30) days of the date of this entry, counsel for the Plaintiff shall file a motion to dismiss this cause and submit an order for the Court's signature ordering the dismissal of this action or a stipulation of dismissal. Signed by Magistrate Judge Mark J. Dinsmore on 3/21/2016. (SWM)
March 3, 2016 Filing 562 MOTION for Extension of Time to 04/04/2016 , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Walker, F.)
February 29, 2016 Opinion or Order Filing 561 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 2/26/2016. Settlement was not achieved. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
February 29, 2016 Opinion or Order Filing 560 ORDER granting Plaintiffs' #516 Motion to extend the deadline for the parties to disclose their experts and file expert reports as to damage issues, and to adjust the remaining related case management deadlines (see Order for established deadlines). All other requirements of the Third Agreed Case Management Order as amended [Dkts. 204, 361, & 455] remain in effect. No further enlargement of these deadlines will be granted. Signed by Magistrate Judge Mark J. Dinsmore on 2/29/2016. (SWM)
February 29, 2016 Opinion or Order Filing 559 ORDER granting in part and denying in part Plaintiffs' #507 Motion for Extension of Time to File Response re #494 MOTION for Summary Judgment (see Order for details). Signed by Magistrate Judge Mark J. Dinsmore on 2/29/2016. (SWM)
February 22, 2016 Filing 558 RESPONSE in Opposition re #543 MOTION for Reconsideration re #529 Order on Motion to Certify Class , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
February 12, 2016 Filing 557 REDACTION to #546 SEALED Document (Case Participants - doc) Exhibit 5 - Scott Silver Deposition Transcript by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
February 12, 2016 Filing 556 Statement Authorizing Unsealing of Documents by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
February 12, 2016 Filing 555 BRIEF/MEMORANDUM in Support re #548 MOTION to Seal Document #544 SEALED Document (Case Participants - doc), #546 SEALED Document (Case Participants - doc), #545 SEALED Document (Case Participants - doc) , #551 MOTION to Seal Document #550 Exhibit and Witness Lists , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
February 12, 2016 Opinion or Order Filing 554 ORDER granting in part and denying in part Defendants' #552 Motion to excuse Defendants' Managing Members and Managing General Partner and to Continue the Settlement Conference. The settlement conference will proceed as scheduled on February 26, 201 (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 2/12/2016. (SWM)
February 11, 2016 Filing 553 REDACTION Plaintiffs Witness and Exhibit Lists by ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Walker, F.)
February 11, 2016 Filing 552 MOTION to Excuse Managing Member and Managing General Partner from the Settlement Conference and for a Short Adjournment of the Settllement Conference, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
February 11, 2016 Filing 551 MOTION to Seal Document #550 Exhibit and Witness Lists, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Walker, F.)
February 10, 2016 Filing 550 **UNSELAED PER DKT. NO. 583** EXHIBIT and WITNESS List by All Plaintiffs. (Walker, F.) Modified on 2/11/2016 (JLS). Modified on 4/28/2017 (JD).
February 10, 2016 Filing 549 Exhibit List , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC, Witness List , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
February 5, 2016 Filing 548 MOTION to Seal Document #544 SEALED Document (Case Participants - doc), #546 SEALED Document (Case Participants - doc), #545 SEALED Document (Case Participants - doc) , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
February 5, 2016 Filing 547 REDACTION to #543 MOTION for Reconsideration re #529 Order on Motion to Certify Class by ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Exhibit Exhibit 1- Affidavit of Amy Romig)(Romig, Amy)
February 5, 2016 Filing 546 SEALED Exhibits re #544 SEALED Document (Case Participants - doc), #545 SEALED Document (Case Participants - doc), #543 Motion for Reconsideration, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Exhibit Exhibit 5- Silver Dep)(Romig, Amy) Modified on 2/8/2016 (TRG).
February 5, 2016 Filing 545 SEALED Exhibits re #544 SEALED Document (Case Participants - doc), #543 Motion for Reconsideration, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Exhibit Exhibit 3- Second Amended RFA, #2 Exhibit Exhibit 4- Security Agreement)(Romig, Amy) Modified on 2/8/2016 (TRG).
February 5, 2016 Filing 544 **UNSEALED PER DKT. 583** Memorandum, re #543 Motion for Reconsideration, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Exhibit Exhibit 2- Amended RFA)(Romig, Amy) Modified on 4/28/2017 (NLR).
February 5, 2016 Filing 543 MOTION for Reconsideration re #529 Order on Motion to Certify Class , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Romig, Amy)
February 5, 2016 Filing 542 REPORT Supplemental Joint Report on the Status of Discovery by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
February 5, 2016 Opinion or Order Filing 541 ORDER ON DEFENDANTS' MOTIONS: Defendants' Motion for Reconsideration and/or Clarification of Order on Plaintiffs' Fourth Motion to Compel [Dkt. 538] is GRANTED IN PART and DENIED IN PART and the Court's order on Plaintiffs' Fourth Motion to Compel [Dkt. 535] is modified as set forth herein. Defendants' Emergency Motion to Stay Order on Motion to Compel [Dkt. 537], and Emergency Motion Directed to District Court to Stay Magistrate [Judge]'s Ruling Regarding Plaintiffs' Fourth Motion to Compel [Dkt. 540] are DENIED. In light of the fact this Order modifies the Court's Order at Docket No. 535, Defendants' Objection to the Magistrate Judge's February 2, 2016 Order on Plaintiffs' Fourth Motion to Compel [Dkt. 539] is DENIED AS MOOT. Defendants shall comply with the Court's Order at Docket No. 535 as modified herein by no later than Friday, February 12, 2016. Any objections to the Court's order on Plaintiffs' Fourth Motion to Compel [Dkt. 535] as modified herein shall be filed within 14 days of the date of this Order pursuant to Rule 72(a). See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 2/5/2016. (SWM)
February 5, 2016 Filing 540 Emergency MOTION to Stay re #535 Order on Motion to Compel directed to the District Court, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
February 5, 2016 Filing 539 Defendants' Objection to the Magistrate Judge's February 2, 2016 Order on Plaintiff's Fourth Motion to Compel re #535 Order on Motion to Compel, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James) Modified on 2/8/2016 (TRG).
February 5, 2016 Filing 538 MOTION for Reconsideration and/or Clarification of Order on Plaintiffs' Fourth Motio to Compel, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
February 4, 2016 Filing 537 Emergency MOTION to Stay re #535 Order on Motion to Compel , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
February 2, 2016 Filing 536 REPLY in Support of Motion re #507 MOTION for Extension of Time to File Response re #494 MOTION for Summary Judgment , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Walker, F.)
February 2, 2016 Opinion or Order Filing 535 ORDER granting in part and denying in part Plaintiffs' #501 Fourth Motion to Compel; denying Plaintiffs' #513 Motion for Oral Argument on Fourth Motion to Compel (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 2/2/2016. (SWM)
February 2, 2016 Opinion or Order Filing 533 ORDER denying Defendants' #521 Motion to Vacate Settlement Conference. The February 26, 2016 settlement conference will proceed as scheduled (see Order for additional information). Copy to Nicholas G. Whitfield via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 2/2/2016. (SWM)
February 1, 2016 Opinion or Order Filing 534 ORDER GRANTING UNCONTESTED MOTION TO WITHDRAW COUNSEL - It is hereby ordered that Defendant's Uncontested Motion to Withdraw Counsel is hereby GRANTED, and the Clerk is instructed to remove Nicholas Whitfield as a counsel of record for Defendants. Signed by Judge Tanya Walton Pratt on 2/1/2016. (JLS)
January 29, 2016 Filing 532 Unopposed MOTION to Withdraw Attorney Appearance of Nicholas Whitfield, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order granting Uncontested Motion to Withdraw Counsel)(Rolfes, James)
January 28, 2016 Opinion or Order Filing 531 ORDER TO SHOW CAUSE: On November 6, 2015, the Court issued the Order Granting Motion for Nicholas G. Whitfield to Appear Pro Hac Vice, which provides as follows: "If not already registered with the Court's Electronic Filing System, Nicholas G. Whitfield is ordered to register within ten (10) days of entry of this order." [Dkt. 483.] Mr. Whitfield has failed to comply with the Court's Order. Mr. Whitfield is hereby ordered to show cause why his appearances should not be stricken from the docket. Mr. Whitfield shall have through and including, February 12, 2016 to register with the Court's electronic filing system or respond to this order or his appearance will be stricken. Copy to Nicholas G. Whitfield via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/28/2016.(SWM)
January 26, 2016 Opinion or Order Filing 530 SCHEDULING ORDER: The Court sua sponte VACATES the telephonic status conference scheduled for January 26, 2016 at 10:30 a.m. All other requirements of the Court's order dated 9/23/2015 [Dkt. 463] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 1/26/2016.(NLR) Modified on 1/26/2016 (NLR). (dist. made via us mail to Mr. Whitfield)
January 22, 2016 Filing 529 ENTRY on Plaintiffs' Motion for Class Certification - The Court DENIES the Plaintiffs' Motion for Class Certification (Filing No. #395 ). Signed by Judge Tanya Walton Pratt on 1/22/2016. (TRG)
January 21, 2016 Filing 527 REPLY in Support of Motion re #516 MOTION for Extension of Time to March 8, 2016 Expert Disclosures , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Romig, Amy)
January 21, 2016 Filing 526 Statement Authorizing Unsealing of Documents relating to Pls.' Motion for Leave to File Material Under Seal (DE 506) by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
January 21, 2016 Filing 525 BRIEF/MEMORANDUM in Support re #506 MOTION to Maintain Document Under Seal #504 SEALED Document , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting in Part Plaintiffs' Motion for Leave)(Rolfes, James)
January 21, 2016 Filing 524 AFFIDAVIT in Support of Response in Opposition to Motion re #507 MOTION for Extension of Time to File Response re #494 MOTION for Summary Judgment - Declaration of James A. Rolfes, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Exhibit 1 - 1/25/13 Caplan Letter, #2 Exhibit 2 - 3/2/15 Rolfes Letter, #3 Exhibit 3 - 10/22/15 Allen Letter)(Rolfes, James)
January 21, 2016 Filing 523 RESPONSE in Opposition re #507 MOTION for Extension of Time to File Response re #494 MOTION for Summary Judgment , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
January 19, 2016 Filing 522 RESPONSE in Opposition re #516 MOTION for Extension of Time to March 8, 2016 Expert Disclosures , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
January 15, 2016 Filing 521 MOTION to Vacate Settlement Conference, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Rolfes, James)
January 14, 2016 Opinion or Order Filing 520 ORDER FOR DEFENDANTS TO PRODUCE "MOODY DOCUMENTS" FOR IN CAMERA REVIEW": The binders of such documents shall be delivered to Magistrate Judge Dinsmore's Chambers by no later than 2:00 p.m. on Tuesday, January 19, 2016 (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 1/14/2016.(SWM)
January 13, 2016 Filing 519 REPLY in Support of Motion re #501 Fourth MOTION to Compel , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Romig, Amy)
January 11, 2016 Opinion or Order Filing 518 SCHEDULING ORDER: This matter comes before the Court on Plaintiff's Motion for Extension of Time to File Expert Witness Disclosure [Dkt. 516]. Defendants' response to the motion is due on or before January 19, 2016. Any reply in support of the Motion is due on or before January 21, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 1/11/2016.(SWM)
January 11, 2016 Filing 517 Submission of Proposed Order Granting Plaintiffs' Opposed Motion for Extension of Time for Expert Disclosures as to Damages Issues, re #516 MOTION for Extension of Time to March 8, 2016 Expert Disclosures, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Walker, F.)
January 8, 2016 Filing 516 MOTION for Extension of Time to March 8, 2016 Expert Disclosures, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Walker, F.)
January 8, 2016 Filing 515 STATUS REPORT AMENDED SUPPLEMENTAL JOINT REPORT ON THE STATUS OF DISCOVERY by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
January 8, 2016 Filing 514 STATUS REPORT SUPPLEMENTAL JOINT REPORT ON THE STATUS OF DISCOVERY by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
January 6, 2016 Filing 513 MOTION for Oral Argument on Plaintiffs' Fourth Motion to Compel, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
January 6, 2016 Filing 512 DECLARATION of James A. Rolfes re #511 Response to Motion (Unopposed) by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Exhibit 1 - Moody's Analytics Subpoena, #2 Exhibit 2 - Moody's Investor Subpoena, #3 Exhibit 3 - 10/20/15 Amended Log, #4 Exhibit 4 - 09/03/15 Email, #5 Exhibit 5 - 09/18/15 Email, #6 Exhibit 6 - Sherman Capital Objection to Subpoena, #7 Exhibit 7 - Sherman Financial Objection to Subpoena, #8 Exhibit 8 - Sherman Originator Objection to Subpoena, #9 Exhibit 9 - LVNV Funding Objection to Subpoena, #10 Exhibit 10 - Resurgent Capital Objection to Subpoena, #11 Exhibit 11 - 02/09/15 Letter, #12 Exhibit 12 - Deposition Excerpts of J. Kester, #13 Exhibit 13 - Deposition Excerpts of S. Silver)(Rolfes, James)
January 6, 2016 Filing 511 RESPONSE to Motion re #501 Fourth MOTION to Compel , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
December 28, 2015 Opinion or Order Filing 510 ORDER granting in part and denying in part Defendants' #508 Motion for Extension of Time: Defendants' motion for an enlargement of time to respond to Plaintiffs' motion to compel [Dkt. 501] is DENIED; briefing on that motion shall be as set forth in the Court's December 23, 2015 Briefing Schedule [Dkt. 509]. Defendants' motion for an enlargement of time to respond to Plaintiffs' motion for an extension of time to respond to Defendants' motion for summary judgment [Dkt. 507] is GRANTED; Defendants shall respond to that motion on or before January 21, 2016, Plaintiffs' reply shall be filed on or before February 2, 2016. Defendants' motion for an enlargement of time to file a brief in support of Plaintiffs' motion to maintain documents under seal [Dkt. 506] is GRANTED and Defendants' brief in support of the motion to seal shall be filed on or before January 21, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 12/28/2015. (SWM)
December 23, 2015 Filing 509 BRIEFING SCHEDULE: This matter comes before the Court on Plaintiff's Fourth Motion to Compel. [Dkt. 501.] Defendants shall file any response to the motion on or before January 6, 2016. Plaintiffs shall file any reply in support of the motion on or before January 13, 2016. Copy to Nicholas G. Whitfield via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 12/23/2015.(SWM)
December 23, 2015 Filing 508 MOTION for Extension of Time to File Response to January 21, 2016 re #506 MOTION to Maintain Document Under Seal #504 SEALED Document , #507 MOTION for Extension of Time to File Response re #494 MOTION for Summary Judgment , #501 Fourth MOTION to Compel , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
December 21, 2015 Filing 507 MOTION for Extension of Time to File Response re #494 MOTION for Summary Judgment , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Affidavit FRCP 56(D) Affidavit of F. Ronalds Walker, #2 Text of Proposed Order)(Walker, F.)
December 21, 2015 Filing 506 MOTION to Maintain Document Under Seal #504 SEALED Document , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Walker, F.)
December 21, 2015 Filing 505 REDACTION Plaintiffs' Memorandum in Support of #501 Fourth Motion to Compel by ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Exhibit Exhibit A- Oct 11, 2015 email, #2 Exhibit Exhibit B- Log Produced by Moody's, #3 Exhibit Exhibit C- Oct 19, 2015 email, #4 Exhibit Exhibit D- Log from Tom Allen re Moody's, #5 Exhibit Exhibit H- MDY LVNV Doc 2126-2128)(Walker, F.) Modified on 12/22/2015 (JLS).
December 21, 2015 Filing 504 SEALED Plaintiffs' Memorandum in Support of #501 Fourth Motion to Compel, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 **UNSEALED PER DKT 583** Exhibit E- Emerich Depo, #2**UNSEALED PER DKT 583** Exhibit F- Silver Depo, #3 **UNSEALED PER DKT 583** Exhibit G- Oct 16, 2015 Ltr, #4 Exhibit I- All MDYS LVNV Docs Other Than 2126-2128, #5 Exhibit J- LVNV- 3246-3247, #6 **UNSEALED PER DKT 583** Exhibit K- Defendants Expert Report)(Walker, F.) Modified on 12/22/2015 (JLS). Modified on 4/28/2017 (JD).
December 21, 2015 Filing 503 ** PLEASE DISREGARD, REFER TO dkt. #505 REDACTION Plaintiffs' Memorandum in Support of FOurth Motion to Compel by ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Walker, F.) Modified on 12/22/2015 (JLS).
December 21, 2015 Filing 502 ** PLEASE DISREGARD, REFER TO dkt. #504 ** SEALED Plaintiffs' Memorandum in Support of Fourth Motion to Compel, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Walker, F.) Modified on 12/22/2015 (JLS). Modified on 12/22/2015 (JLS).
December 21, 2015 Filing 501 Fourth MOTION to Compel , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Walker, F.)
December 11, 2015 Filing 500 STATUS REPORT SUPPLEMENTAL JOINT REPORT ON THE STATUS OF DISCOVERY by LVNV FUNDING LLC, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
November 23, 2015 Filing 499 BRIEF/MEMORANDUM in Support re #498 MOTION to Maintain Document Under Seal #497 SEALED Document Appendix Nos. 6, 20 and 21 , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
November 23, 2015 Filing 498 MOTION to Maintain Document Under Seal #497 SEALED Document Appendix Nos. 6, 20 and 21, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
November 23, 2015 Filing 497 SEALED Appendix Nos. 6, 20 and 21, re #494 Motion for Summary Judgment, #496 Designation of Evidence, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Appendix 6, #2 Appendix 20 - Part 1, #3 Appendix 20 - Part 2, #4 Appendix 21)(Rolfes, James)
November 23, 2015 Filing 496 Designation of Evidence re #494 MOTION for Summary Judgment , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5, #6 Appendix 6 - Redacted Version, #7 Appendix 7, #8 Appendix 8, #9 Appendix 9, #10 Appendix 10, #11 Appendix 11, #12 Appendix 12, #13 Appendix 13 Part 1, #14 Appendix 13 Part 2, #15 Appendix 13 Part 3, #16 Appendix 14, #17 Appendix 15, #18 Appendix 16, #19 Appendix 17, #20 Appendix 18, #21 Appendix 19, #22 Appendix 20 - Redacted Version, #23 Appendix 21 - Redacted Version, #24 Appendix 22, #25 Appendix 23, #26 Appendix 24, #27 Appendix 25, #28 Appendix 26, #29 Appendix 27, #30 Appendix 28, #31 Appendix 29, #32 Appendix 30, #33 Appendix 31, #34 Appendix 32, #35 Appendix 33, #36 Appendix 34, #37 Appendix 35, #38 Appendix 36, #39 Appendix 37)(Rolfes, James)
November 23, 2015 Filing 495 BRIEF/MEMORANDUM in Support re #494 MOTION for Summary Judgment , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
November 23, 2015 Filing 494 MOTION for Summary Judgment , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
November 18, 2015 Filing 493 Statement of Claims by All Plaintiffs. (Romig, Amy)
November 18, 2015 Opinion or Order Filing 492 ORDER granting Shareholder Defendants' #426 Motion to Dismiss for Lack of Jurisdiction. Accordingly, the Court DISMISSES the "Shareholder Defendants", which include Huger Street LLC, Moultrie Street LLC, Woolfe Street LLC, Fulton Street LLC, Jasper Street LLC, Concord Street LLC, Hagood Street LLC, Charlotte Street LLC, Archdale Street LLC, Jacobs Alley LLC, Peachtree Street LLC, Greenhill Street LLC, Chalmers Street LLC, and Princess Street LLC. Signed by Judge Tanya Walton Pratt on 11/18/2015. (JLS)
November 16, 2015 Filing 491 REPORT Supplemental Joint Report on the Status of Discovery by All Plaintiffs. (Romig, Amy)
November 16, 2015 Opinion or Order Filing 490 ORDER granting Plaintiffs' #476 Motion for Extension of Time: Section II of the Third Agreed Case Management Order as amended [Dkts. 204 & 361] is amended as follows: On or before November 18, 2015, and consistent with the certification provisions of Fed. R. Civ. P. 11(b), the party with the burden of proof shall file a statement of the claims or defenses it intends to prove at trial, stating specifically the legal theories upon which the claims or defenses are based. All other requirements of the parties' Third Agreed Case Management Order as amended [Dkts. 204 & 361] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 11/16/2015. (SWM)
November 13, 2015 Filing 489 REPLY in Support re #476 MOTION for Extension of Time to 11/16/2015 in which to #361 Status ConferenceSet Deadlines/Hearings File Statement of Claims and Defenses , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Affidavit of Amy Romig, #2 Affidavit of F. Ronalds Walker)(Romig, Amy) Modified on 11/16/2015 (JLS).
November 13, 2015 Opinion or Order Filing 488 ORDER granting Agreed #487 Motion for Extension of Time to File Dispositive Motions, Scheduling: Dispositive Motions due by 11/23/2015. All other requirements of the Third Agreed Case Management Order as amended [Dkt. 204 & 361] remain in effect. Signed by Judge Tanya Walton Pratt on 11/13/2015.(MAC)
November 12, 2015 Filing 487 MOTION for Extension of Time to File Dispositive Motions AGREED, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
November 6, 2015 Filing 486 RESPONSE in Opposition re #476 MOTION for Extension of Time to 11/16/2015 in which to #361 Status ConferenceSet Deadlines/Hearings File Statement of Claims and Defenses Entity Defendants' Response to Plaintiffs' Motion for Enlargement of Time, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit B, #9 Exhibit B-1, #10 Exhibit B-2, #11 Exhibit B-3)(Rolfes, James)
November 6, 2015 Opinion or Order Filing 485 ORDER granting #482 Motion to Withdraw Attorney Appearance. Attorney David A. Maas withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 11/6/2015. (SWM)
November 6, 2015 Opinion or Order Filing 484 ORDER granting #481 Motion to Appear pro hac vice. Attorney Timothy R. Carraher for ALL DEFENDANTS added. Signed by Magistrate Judge Mark J. Dinsmore on 11/6/2015. (SWM)
November 6, 2015 Opinion or Order Filing 483 ORDER granting #480 Motion to Appear pro hac vice. Attorney Nicholas G. Whitfield for ALL DEFENDANTS added. If not already registered with the Court's Electronic Filing System, Nicholas G. Whitfield is ordered to register within ten (10) days of entry of this order. Copy to Nicholas G. Whitfield via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 11/6/2015. (SWM)
November 5, 2015 Filing 482 MOTION to Withdraw Attorney Appearance Uncontested, filed by Defendants ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, LVNV FUNDING LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC, WOOLFE STREET LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
November 5, 2015 Filing 481 MOTION for Attorney(s) Timothy R. Carraher to Appear pro hac vice (Filing fee $30, receipt number 0756-3663806), filed by Defendants ARCHDALE STREET LLC, KEVIN P. BRANIGAN, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, LESLIE G. GUTIERREZ, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., MOULTRIE STREET LLC, BENJAMIN W. NAVARRO, PEACHTREE STREET LLC, PRINCESS STREET LLC, RESURGENT CAPITAL SERVICES, LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER, UNKNOWN S CORPORATION, WOOLFE STREET LLC. (Attachments: #1 Text of Proposed Order)(Riley, James)
November 5, 2015 Filing 480 MOTION for Attorney(s) Nicholas G. Whitfield to Appear pro hac vice (Filing fee $30, receipt number 0756-3663786), filed by Defendants ARCHDALE STREET LLC, KEVIN P. BRANIGAN, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, LESLIE G. GUTIERREZ, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., MOULTRIE STREET LLC, BENJAMIN W. NAVARRO, PEACHTREE STREET LLC, PRINCESS STREET LLC, RESURGENT CAPITAL SERVICES, LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER, UNKNOWN S CORPORATION, WOOLFE STREET LLC. (Attachments: #1 Text of Proposed Order)(Riley, James)
October 30, 2015 Filing 479 RESPONSE /Defendants' Reply in Support of Redactions of Irrelevant Information, re #469 Response, #478 Response, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
October 28, 2015 Filing 478 RESPONSE /Memorandum of Law Regarding Improper Redactions, re #469 Response, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Exhibit A - October 23 Email)(Walker, F.)
October 27, 2015 Filing 477 EXHIBIT re #476 MOTION for Extension of Time to 11/16/2015 in which to #361 File Statement of Claims and Defenses filed by All Plaintiffs. (Walker, F.) Modified on 10/28/2015 (JLS).
October 26, 2015 Filing 476 MOTION for Extension of Time to 11/16/2015 in which to #361 File Statement of Claims and Defenses, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Walker, F.) Modified on 10/27/2015 (TRG).
October 26, 2015 Filing 475 RESPONSE by Shareholder LLC Defendants to Court Order Regarding Filing of Statement of Defenses, re #361 Status ConferenceSet Deadlines/Hearings, filed by Defendants ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, WOOLFE STREET LLC. (Rolfes, James)
October 26, 2015 Filing 474 Statement of Defenses of Defendant Sherman Originator LLC by SHERMAN ORIGINATOR LLC. (Rolfes, James)
October 26, 2015 Filing 473 Statement of Defenses of Defendant Sherman Financial Group LLC by SHERMAN FINANCIAL GROUP LLC. (Rolfes, James)
October 26, 2015 Filing 472 Statement of Defenses of Defendant Sherman Capital LLC by SHERMAN CAPITAL LLC. (Rolfes, James)
October 26, 2015 Filing 471 Statement of Defenses of Defendant Resurgent Capital Services LP by RESURGENT CAPITAL SERVICES, LP. (Rolfes, James)
October 26, 2015 Filing 470 Statement of Defenses of Defendant LVNV Funding LLC by LVNV FUNDING LLC. (Rolfes, James)
October 23, 2015 Filing 469 RESPONSE [DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF REDACTIONS OF IRRELEVANT INFORMATION], re #466 Telephone Conference, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Exhibit A)(Rolfes, James)
October 21, 2015 Filing 468 NOTICE of Appearance by F. Ronalds Walker on behalf of Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Walker, F.)
October 16, 2015 Filing 467 STATUS REPORT Supplemental Joint Report on Status of Discovery by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
October 16, 2015 Opinion or Order Filing 466 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: The parties appeared by counsel on 10/14/2015 to discuss certain discovery disputes that have arisen in the case. *See order for detailed information and deadlines* Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
September 25, 2015 Opinion or Order Filing 465 ORDER granting #464 Motion for Extension of Time for expert disclosures as to liability issues. Signed by Magistrate Judge Mark J. Dinsmore on 9/25/2015. (CBU)
September 24, 2015 Filing 464 MOTION for Extension of Time to October 2, 2015 for Expert Disclosures as to Liability Issues, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
September 23, 2015 Opinion or Order Filing 463 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 9/22/2015. The parties reported on the status of discovery. Status Conference set for 1/26/2016 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
September 18, 2015 Filing 462 STATUS REPORT Supplemental Joint Report on the Status of Discovery by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
September 8, 2015 Opinion or Order Filing 460 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 9/8/2015. The parties discussed several discovery issues and the conference concluded without further order. The telephonic status conference scheduled for Tuesday, September 22, 2015 at 1:00 p.m. [Dkt. 459 at 2] remains on calendar as scheduled. Signed by Magistrate Judge Mark J. Dinsmore. (SWM)
August 26, 2015 Opinion or Order Filing 459 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 8/25/2015. The parties discussed the status of discovery. Status Conference set for 9/22/2015 at 01:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
August 22, 2015 Filing 458 NOTICE of Service of Expert Witness Disclosure, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER (Cheesebourough, Robert)
August 21, 2015 Filing 457 REPORT Supplemental Joint Report on the Status of Discovery by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
August 3, 2015 Opinion or Order Filing 455 ORDER granting Plaintiffs' #453 Motion for extension of time for expert disclosures as to liability issues Paragraph I(F) of the Third Agreed Case Management Order as amended [Dkts. 204 & 361] is hereby amended as follows (see Order for established deadlines). Signed by Magistrate Judge Mark J. Dinsmore on 8/3/2015. (SWM)
July 31, 2015 Opinion or Order Filing 454 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 7/31/2015. The parties discussed the status of discovery and liability expert discovery. Counsel for Plaintiffs' report they have a number of outstanding nonparty discovery requests, and were advised to meet and confer and move to enforce the subpoenas with regards to any disputes that may arise with regard to those requests as quickly as possible. Counsel for Plaintiffs further reports they will be filing an unopposed motion to extend the deadline for liability expert disclosures. Status Conference set for 8/25/2015 at 11:50 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
July 31, 2015 Filing 453 Unopposed MOTION for Extension of Time to 08/21/2015 in which to #361 Status ConferenceSet Deadlines/Hearings re Expert Disclosures, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
July 24, 2015 Filing 452 STATUS REPORT SUPPLEMENTAL JOINT REPORT ON THE STATUS OF DISCOVERY by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
June 30, 2015 Opinion or Order Filing 450 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 6/26/2015. The parties discussed the status of and future plans for discovery. The parties were reminded that discovery closes in less than four months.Status Conference set for 7/31/2015 at 09:40 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
June 25, 2015 Filing 449 STATUS REPORT Supplemental Joint Report on the Status of Discovery by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
June 22, 2015 Filing 448 REPLY in Support of Motion re #426 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, WOOLFE STREET LLC. (Rolfes, James)
June 18, 2015 Filing 446 AMENDED ANSWER to #303 Amended Complaint , filed by SHERMAN CAPITAL LLC.(Rolfes, James)
June 18, 2015 Filing 445 AMENDED ANSWER to #303 Amended Complaint , filed by SHERMAN FINANCIAL GROUP LLC.(Rolfes, James)
June 18, 2015 Filing 444 AMENDED ANSWER to #303 Amended Complaint , filed by SHERMAN ORIGINATOR LLC.(Rolfes, James)
June 18, 2015 Filing 443 AMENDED ANSWER to #303 Amended Complaint , filed by LVNV FUNDING LLC.(Rolfes, James)
June 18, 2015 Filing 442 Amended ANSWER to #303 Amended Complaint , filed by RESURGENT CAPITAL SERVICES, LP.(Rolfes, James)
June 11, 2015 Filing 441 RESPONSE in Opposition re #426 MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Romig, Amy)
June 11, 2015 Filing 440 REPLY in Support of Motion re #395 MOTION to Certify Class , #5 MOTION to Certify Class , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Romig, Amy)
June 5, 2015 Opinion or Order Filing 439 ORDER granting Plaintiffs' #438 MOTION for Extension of Time to File Their Response in Opposition to Defendants' #426 MOTION to Dismiss and Reply in Support to Plaintiffs' #395 MOTION to Certify Class. Plaintiffs shall have up to and including June 11, 2015 to file their response to the newly added defendants' motion to dismiss and to file their reply in support of plaintiffs' motion to certify class. Signed by Judge Tanya Walton Pratt on 6/5/2015. (BGT)
June 4, 2015 Filing 438 Unopposed MOTION for Extension of Time to File Response to 6/25/2015 re #426 MOTION to Dismiss for Lack of Jurisdiction , Unopposed MOTION for Extension of Time to File Reply to 6/25/2015 re #395 MOTION to Certify Class , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Emhardt, Frederick)
June 3, 2015 Opinion or Order Filing 437 ORDER granting in part and denying in part #338 Motion to Dismiss for Failure to State a Claim. The Court finds that Plaintiffs' Amended Complaint satisfies the heightened pleadings requirements under Rule 9(b) for the claims brought under RICO and for actual fraud, but that Plaintiffs have failed to state a claim for constructive fraud. Defendants' Partial Motion to Dismiss is DENIED in part with respect to Plaintiffs' RICO and actual fraud claims, and GRANTED in part with respect to the constructive fraud claim, which is therefore DISMISSED with prejudice. Signed by Judge Tanya Walton Pratt on 6/3/2015. (CBU)
May 29, 2015 Filing 436 STATUS REPORT (Supplemental Joint Report on Discovery) by All Plaintiffs. (Romig, Amy)
May 28, 2015 Opinion or Order Filing 435 ORDER - granting #433 Motion for Extension of Time to File Reply to 6/4/2015 re #395 MOTION to Certify Class . Signed by Judge Tanya Walton Pratt on 5/28/2015. (CKM)
May 27, 2015 Filing 433 Unopposed MOTION for Extension of Time to File Reply to 6/4/2015 re #395 MOTION to Certify Class , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
May 26, 2015 Opinion or Order Filing 434 ORDER granting #432 Motion for Extension of Time to File Response to 6/4/2015 re newly added defendants' #426 MOTION to Dismiss for Lack of Jurisdiction . Signed by Judge Tanya Walton Pratt on 5/26/2015. (CBU)
May 22, 2015 Filing 432 Unopposed MOTION for Extension of Time to File Response to 6/4/2015 re #426 MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
May 20, 2015 Opinion or Order Filing 431 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 5/18/2015. The parties discussed the status of discovery and experts. Status Conference set for 6/26/2015 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information*. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
May 19, 2015 Opinion or Order Filing 430 ORDER granting #429 Motion for Extension of Time to File Reply to 5/27/2015 re #395 MOTION to Certify Class . Signed by Judge Tanya Walton Pratt on 5/19/2015. (MGG)
May 18, 2015 Filing 429 Unopposed MOTION for Extension of Time to File Reply to 5/27/2015 re #395 MOTION to Certify Class , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
May 11, 2015 Filing 427 BRIEF/MEMORANDUM in Support re #426 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, WOOLFE STREET LLC. (Attachments: #1 Exhibit A - Declaration of Scott Silver, #2 Exhibit B - Declaration of Dan Picciano)(Rolfes, James)
May 11, 2015 Filing 426 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, WOOLFE STREET LLC. (Rolfes, James)
May 11, 2015 Opinion or Order Filing 425 ORDER granting #424 Motion for Extension of Time to File Reply to 5/18/2015 re #395 MOTION to Certify Class . Signed by Magistrate Judge Mark J. Dinsmore on 5/11/2015. (CBU)
May 8, 2015 Filing 424 Unopposed MOTION for Extension of Time to 5/18/2015 to Reply to Defendants' Response in Opposition to Plaintiffs' #395 Motion to Certify Class, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy) Modified on 5/11/2015 (MGG).
May 4, 2015 Filing 423 RESPONSE in Opposition re #395 MOTION to Certify Class , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Exhibit A, #2 Exhibit B - PART 1, #3 Exhibit B - PART 2, #4 Exhibit B - PART 3, #5 Exhibit B - PART 4, #6 Exhibit B - PART 5, #7 Exhibit B - PART 6, #8 Exhibit B - PART 7, #9 Exhibit B - PART 8, #10 Exhibit B - PART 9, #11 Exhibit C, #12 Exhibit D, #13 Exhibit E, #14 Exhibit F, #15 Exhibit G, #16 Exhibit H, #17 Exhibit I, #18 Exhibit J, #19 Exhibit K, #20 Exhibit L)(Rolfes, James)
May 1, 2015 Filing 422 REPORT (Supplement Joint) on the Status of Discovery by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
April 27, 2015 Opinion or Order Filing 421 ORDER granting #420 Motion for Extension of Time to 5/11/2015 to file an answer or other response to the Amended Class Action Complaint. Signed by Magistrate Judge Mark J. Dinsmore on 4/27/2015. (CBU)
April 24, 2015 Filing 420 Unopposed MOTION for Extension of Time to May 11, 2015 in which to #303 Amended Complaint , filed by Defendants ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, WOOLFE STREET LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
April 14, 2015 Opinion or Order Filing 419 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: This matter came before the Court for a telephonic conference on 4-9-2015 at the request of the parties to seek assistance with regarding issues Defendants' have with Plaintiffs' written discovery responses. Plaintiffs' committed to provide revised written discovery responses on or before April 23, 2015. If Defendants' remain unsatisfied with the revised responses they are authorized to file a motion to compel. The telephonic status conference scheduled for April 17, 2014 is VACATED and rescheduled for 5/18/2015 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
April 6, 2015 Opinion or Order Filing 418 ORDER granting #417 Motion for Extension of Time to File Response to 5/4/2015 re #395 MOTION to Certify Class . Signed by Magistrate Judge Mark J. Dinsmore on 4/6/2015. (MGG)
April 3, 2015 Filing 417 Unopposed MOTION for Extension of Time to File Response to May 4, 2015 re #395 MOTION to Certify Class , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
April 3, 2015 Filing 416 STATUS REPORT AMENDED Supplemental Joint Report by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
April 3, 2015 Filing 415 STATUS REPORT Supplemental Joint Report by ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, LVNV FUNDING LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC, WOOLFE STREET LLC. (Rolfes, James)
April 1, 2015 Filing 414 NOTICE of Appearance by James W. Riley, Jr on behalf of Defendants ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, WOOLFE STREET LLC. (Riley, James)
March 31, 2015 Filing 413 NOTICE of Appearance by Michael L. DeMarino on behalf of Defendants ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, WOOLFE STREET LLC. (DeMarino, Michael)
March 31, 2015 Filing 412 NOTICE of Appearance by David A. Maas on behalf of Defendants ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, WOOLFE STREET LLC. (Maas, David)
March 31, 2015 Filing 411 NOTICE of Appearance by James A. Rolfes on behalf of Defendants ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, WOOLFE STREET LLC. (Rolfes, James)
March 31, 2015 Filing 410 Corporate Disclosure Statement by WOOLFE STREET LLC. (Rolfes, James)
March 31, 2015 Filing 409 Corporate Disclosure Statement by PRINCESS STREET LLC. (Rolfes, James)
March 31, 2015 Filing 408 Corporate Disclosure Statement by PEACHTREE STREET LLC. (Rolfes, James)
March 31, 2015 Filing 407 Corporate Disclosure Statement by MOULTRIE STREET LLC. (Rolfes, James)
March 31, 2015 Filing 406 Corporate Disclosure Statement by JASPER STREET LLC. (Rolfes, James)
March 31, 2015 Filing 405 Corporate Disclosure Statement by JACOBS ALLEY LLC. (Rolfes, James)
March 31, 2015 Filing 404 Corporate Disclosure Statement by HUGER STREET LLC. (Rolfes, James)
March 31, 2015 Filing 403 Corporate Disclosure Statement by HAGOOD STREET LLC. (Rolfes, James)
March 31, 2015 Filing 402 Corporate Disclosure Statement by GREENHILL STREET LLC. (Rolfes, James)
March 31, 2015 Filing 401 Corporate Disclosure Statement by FULTON STREET LLC. (Rolfes, James)
March 31, 2015 Filing 400 Corporate Disclosure Statement by CONCORD STREET LLC. (Rolfes, James)
March 31, 2015 Filing 399 Corporate Disclosure Statement by CHARLOTTE STREET LLC. (Rolfes, James)
March 31, 2015 Filing 398 Corporate Disclosure Statement by CHALMERS STREET LLC. (Rolfes, James)
March 31, 2015 Filing 397 Corporate Disclosure Statement by ARCHDALE STREET LLC. (Rolfes, James)
March 26, 2015 Filing 396 BRIEF/MEMORANDUM in Support re #395 MOTION to Certify Class , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Romig, Amy)
March 26, 2015 Filing 395 MOTION to Certify Class , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Romig, Amy)
March 24, 2015 Opinion or Order Filing 394 ORDER granting #393 Motion for Extension of Time. Plaintiffs shall have up to and including March 26, 2015 to file their motion to certify class. Signed by Magistrate Judge Mark J. Dinsmore on 3/24/2015. (MGG)
March 23, 2015 Filing 393 Unopposed MOTION for Extension of Time to 3/26/2015 to File Motion to Certify Class, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
March 18, 2015 Filing 392 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. WOOLFE STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 391 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. PRINCESS STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 390 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. PEACHTREE STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 389 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. MOULTRIE STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 388 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. JASPER STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 387 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. JACOBS ALLEY LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 386 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. HUGER STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 385 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. HAGOOD STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 384 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. GREENHILL STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 383 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. FULTON STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 382 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. CONCORD STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 381 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. CHARLOTTE STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 380 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. CHALMERS STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 18, 2015 Filing 379 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. ARCHDALE STREET LLC waiver sent on 2/26/2015. (Romig, Amy)
March 12, 2015 Opinion or Order Filing 378 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 3/11/2015. The parties discussed issues raised in their March 6, 2015 Joint Report of the Status of Discovery. The parties were advised to contact chambers to schedule a discovery conference if they are not able to resolve their present disputes in the near future. Counsel for Plaintiff was asked to expedite their proposed nonparty requests. Status Conference set for 4/17/2015 at 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore.*see order for additional information*. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
March 6, 2015 Filing 377 STATUS REPORT Supplemental Joint Report by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
February 20, 2015 Filing 375 Summons Issued as to ARCHDALE STREET LLC, CHALMERS STREET LLC, CHARLOTTE STREET LLC, CONCORD STREET LLC, FULTON STREET LLC, GREENHILL STREET LLC, HAGOOD STREET LLC, HUGER STREET LLC, JACOBS ALLEY LLC, JASPER STREET LLC, MOULTRIE STREET LLC, PEACHTREE STREET LLC, PRINCESS STREET LLC, WOOLFE STREET LLC. (MGG)
February 17, 2015 Opinion or Order Filing 374 ORDER- The Court GRANTS Plaintiffs' Motion for Leave to Serve Their Amended Complaint Beyond the 120-Day Deadline. [Dkt. #363 ] Plaintiffs shall have until March 18, 2015 to effect service on any defendant who has not previously been served. **SEE ORDER**. Signed by Magistrate Judge Mark J. Dinsmore on 2/17/2015. (MGG) Modified on 2/18/2015 (MGG).
February 17, 2015 Opinion or Order Filing 373 ORDER GRANTING MOTION TO CONTINUE TRIAL AND FINAL PRETRIAL CONFERENCE - It is hereby ordered that Plaintiffs and the Entity Defendants' Joint #369 Motion to Continue Trial and Final Pretrial Conference is hereby GRANTED. The final pretrial conference set June 17, 2015 and the jury trial set July 13, 2015 are VACATED. The final pretrial conference is rescheduled for July 20, 2016 at 9:00 a.m. in room 330. The jury trial is rescheduled to commence on August 16, 2016 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. Parties should anticipate no further continuances of the trial date. Signed by Judge Tanya Walton Pratt on 2/17/2015.(MGG)
February 13, 2015 Opinion or Order Filing 372 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 2/11/2015. The parties discussed issues raised in their February 6, 2015 Joint Report of the Status of Discovery. Plaintiff orally moved for an enlargement of time to file a reply brief in support of their motion for leave to serve their amended complaint beyond the 120 day deadline. Without objection, the Court granted the motion and enlarged the deadline to file a reply brief to February 13, 2015. Status Conference set for 3/11/2015 at 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
February 13, 2015 Filing 371 Submission of Proposed Order Granting Motion, re #369 Joint MOTION for Continuance OF TRIAL AND FINAL PRETRIAL CONFERENCE, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
February 13, 2015 Filing 370 REPLY in Support of Motion re #363 MOTION for Leave to Serve Their Amended Complaint , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Romig, Amy)
February 12, 2015 Filing 369 Joint MOTION for Continuance OF TRIAL AND FINAL PRETRIAL CONFERENCE, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
February 6, 2015 Filing 368 STATUS REPORT (Joint Report on the Status of Discovery) by All Plaintiffs. (Romig, Amy)
February 2, 2015 Opinion or Order Filing 366 ORDER granting #364 Motion to Modify Stipulated Protective Order. Signed by Magistrate Judge Mark J. Dinsmore on 2/2/2015. (CBU)
January 30, 2015 Filing 365 RESPONSE in Opposition re #363 MOTION for Leave to Serve Their Amended Complaint , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
January 30, 2015 Filing 364 MOTION to Modify Agreed Motion to Enter Stipulated Modifcation to Protective Order, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Exhibit A - Stipulated Modification To Stipulated Protective Order)(Rolfes, James)
January 27, 2015 Filing 363 MOTION for Leave to Serve Their Amended Complaint, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
January 26, 2015 Opinion or Order Filing 362 DISCOVERY SCHEDULING ORDER - **SEE ORDER FOR DETAILS**. Signed by Magistrate Judge Mark J. Dinsmore on 1/26/2015.(MGG)
January 23, 2015 Opinion or Order Filing 361 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 1/22/2015. A discussion was held regarding the status of service of the newly added Defendants. Counsel for Plaintiff requested additional time to serve the most recently added Defendants and was instructed to file a motion requesting additional time. The parties further discussed case management deadlines. After discussion with the parties, the parties' Third Agreed Case Management Order [Dkt. 204] is hereby amended as follows: Discovery due by 10/16/2015. Dispositive Motions due by 11/16/2015. Plaintiffs shall file a motion to certify the class in this matter on or before March 23, 2015. *See order for additionial information and deadlines*. The parties are hereby ordered to file, on or before January 30, 2015, either (1) an agreed motion requesting modification of the protective order or (2) each party's motion requesting modification of the protective order. Settlement Conference set for 2/26/2016 at 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Status Conference set for 2/11/2015 at 10:50 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
January 14, 2015 Filing 359 REPLY in Support of Motion re #338 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Relating to Plaintiffs' Rico Fraud and Constructive Fraud Claims , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
January 6, 2015 Opinion or Order Filing 358 SCHEDULING ORDER - This matter is set for a telephone status conference on Thursday, January 22, 2015 at 3:00 p.m. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 1/6/2015. (JD)
January 6, 2015 Filing 357 ENTRY - the Court now GRANTS Defendants' Motion for Leave (Filing No. #342 ), and DENIES AS MOOT Plaintiffs' Motion to Strike (Filing No. #340 ). Signed by Judge Tanya Walton Pratt on 1/6/2015. (TRG)
December 31, 2014 Opinion or Order Filing 356 ENTRY on Objection to Magistrate Judge's Order #300 . The objection to the Magistrate Judge's Order on the Motion to Reconsider is OVERRULED. The STAY imposed on 9/25/2014 #313 is lifted effective the date of this Order (See Entry). Signed by Judge Tanya Walton Pratt on 12/31/2014.(CBU)
December 22, 2014 Filing 355 TRANSCRIPT of Oral Argument held on 12/22/2014 before Judge Tanya Walton Pratt. (28 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 916-8209). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 1/12/2015. Release of Transcript Restriction set for 3/23/2015. (Moxley, David) Released on 3/23/2015 (SWM).
December 22, 2014 Filing 354 NOTICE of FILING of OFFICIAL TRANSCRIPT of Oral Argument held before Judge Tanya Walton Pratt on 12/22/2014 (Moxley, David)
December 22, 2014 Opinion or Order Filing 353 MINUTE ENTRY for oral argument held before Judge Tanya Walton Pratt on 12/22/2014: Parties appeared by counsel. Oral argument held regarding Defendants' Objection to Magistrate Judge's September 5, 2014 Order on Defendants' Motion for Reconsideration (Dkt. #305 ). This matter was taken under advisement. Signed by Judge Tanya Walton Pratt. (Court Reporter David Moxley.)(TRG)
December 12, 2014 Filing 352 NOTICE of Appearance by Stephanie Snell Chaudhary on behalf of Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Chaudhary, Stephanie)
December 8, 2014 Opinion or Order Filing 351 ORDER granting #349 Motion for Extension of Time to File Reply to 1/14/2015 re #338 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Relating to Plaintiffs' Rico Fraud and Constructive Fraud Claims. Signed by Judge Tanya Walton Pratt on 12/8/2014. (MGG)
December 5, 2014 Opinion or Order Filing 350 It is Hereby Ordered that Defendants' #332 Motion for Oral Argument on their Objection to Magistrate Judge's September 5, 2014 Order on Defendants' Motion for Reconsideration [Dkt. #305 ] is hereby GRANTED. Oral argument is scheduled for December 22, 2014 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. Parties are allotted fifteen (15) minutes each for a total of thirty (30) minutes. Signed by Judge Tanya Walton Pratt on 12/5/2014.(MGG)
December 5, 2014 Filing 349 MOTION for Extension of Time to January 14, 2015 to file reply to #338 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Relating to Plaintiffs' Rico Fraud and Constructive Fraud Claims , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Rolfes, James)
December 3, 2014 Filing 348 RESPONSE in Opposition re #338 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Relating to Plaintiffs' Rico Fraud and Constructive Fraud Claims , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Romig, Amy)
November 20, 2014 Opinion or Order Filing 347 ORDER granting #346 Motion for Extension of Time to File Response to 12/3/2014 re #338 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Relating to Plaintiffs' Rico Fraud and Constructive Fraud Claims. Signed by Judge Tanya Walton Pratt on 11/20/2014. (CBU)
November 19, 2014 Filing 346 Second MOTION for Extension of Time to 12/03/2014 to file response to #338 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Relating to Plaintiffs' Rico Fraud and Constructive Fraud Claims , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
November 12, 2014 Opinion or Order Filing 345 ORDER granting #344 Motion for Extension of Time to File Response to 11/19/2014 re #338 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Relating to Plaintiffs' Rico Fraud and Constructive Fraud Claims. Signed by Judge Tanya Walton Pratt on 11/12/2014. (CBU)
November 12, 2014 Filing 344 Unopposed MOTION for Extension of Time to 11/19/2014 to file response to #338 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Relating to Plaintiffs' Rico Fraud and Constructive Fraud Claims , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
November 4, 2014 Opinion or Order Filing 343 ORDER granting #329 Motion to Seal Document #328 SEALED Response to Motion for leave to File Material under Seal. The Court ORDERS Defendants to file, within 7 days of the date of this order, a motion to seal any specific portions of plaintiffs' submission that defendants believe should be maintained by the Court under seal. The Court directs the clerk to UNSEAL Plaintiffs' "Response to Defendants' Supplemental Brief" [dkt 283] Finally, the Court notes that docket no. 315 remains under seal. Pursuant to the Court's order on Defendant's motion to seal #325 , the Court directs the Clerk to UNSEAL docket no. 315. Signed by Magistrate Judge Mark J. Dinsmore on 11/4/2014. (CBU)
October 27, 2014 Filing 342 MOTION for Leave to File , Nunc Pro Tunc, Reply in Support of Objection to Magistrate's September 5, 2014 Order, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
October 27, 2014 Filing 341 RESPONSE in Opposition re #340 MOTION to Strike #331 Reply in Support of Motion , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
October 24, 2014 Filing 340 MOTION to Strike #331 Reply in Support of Motion , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
October 20, 2014 Filing 339 BRIEF/MEMORANDUM in Support re #338 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Relating to Plaintiffs' Rico Fraud and Constructive Fraud Claims , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
October 20, 2014 Filing 338 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Relating to Plaintiffs' Rico Fraud and Constructive Fraud Claims, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
October 20, 2014 Filing 337 ANSWER and Defenses to Plaintiffs' #303 Amended Class Action Complaint Docket No. 303, filed by Defendant SHERMAN FINANCIAL GROUP LLC. (Rolfes, James) Modified on 10/21/2014 (MGG).
October 20, 2014 Filing 336 ANSWER and Defenses to Plaintiffs' #303 Amended Class Action Complaint Docket No. 303, filed by Defendant SHERMAN ORIGINATOR LLC. (Rolfes, James) Modified on 10/21/2014 (MGG).
October 20, 2014 Filing 335 ANSWER and Defenses to Plaintiffs' #303 Amended Class Action Complaint Docket No. 303, filed by Defendant SHERMAN CAPITAL LLC. (Rolfes, James) Modified on 10/21/2014 (MGG).
October 20, 2014 Filing 334 ANSWER and Defenses to Plaintiffs' #303 Amended Class Action Complaint Docket No. 303, filed by Defendant RESURGENT CAPITAL SERVICES, LP. (Rolfes, James) Modified on 10/21/2014 (MGG).
October 20, 2014 Filing 333 ANSWER and Defenses to Plaintiffs' #303 Amended Class Action Complaint Docket No. 303, filed by Defendant LVNV FUNDING LLC. (Rolfes, James) Modified on 10/21/2014 (MGG).
October 17, 2014 Filing 332 MOTION for Oral Argument Relating to Docket No. 305, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
October 17, 2014 Filing 331 REPLY in Support of Motion re #305 APPEAL OF MAGISTRATE JUDGE DECISION to District Court , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
October 10, 2014 Filing 330 REDACTION to #329 MOTION to Seal Document #73 Protective Order, #305 APPEAL OF MAGISTRATE JUDGE DECISION to District Court, #328 SEALED Response to Motion to Defendants' Objection to Magistrate Judge's September 5, 2014 Order on Defendants' M, #328 SEALED Response to Motion by ROBERT GOODALL. (Romig, Amy)
October 10, 2014 Filing 329 MOTION to Seal Document #73 Protective Order, #305 APPEAL OF MAGISTRATE JUDGE DECISION to District Court, #328 SEALED Response to Motion to Defendants' Objection to Magistrate Judge's September 5, 2014 Order on Defendants' Motion for Reconsideration, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Cover Sheet for Sealed Document, #2 Text of Proposed Order)(Romig, Amy)
October 10, 2014 Filing 328 SEALED RESPONSE re #305 APPEAL OF MAGISTRATE JUDGE DECISION to District Court , filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Exhibit A - Plaintiffs' Response to Defendants' Objection to Magistrate Judge's September 5, 2014 Order on Defendants' Motion for Reconsideration)(Romig, Amy)
October 10, 2014 Opinion or Order Filing 327 ORDER - denying #311 Motion to Unseal Document portions of Amended Complaint; The Clerk is directed to unseal the entirety of Plaintiffs' Amended Complaint. Dkt. #303 *** SEE ORDER ***. Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (CKM)
October 10, 2014 Opinion or Order Filing 326 ORDER - Defendants have already moved to maintain portions of Plaintiffs' Amended Complaint under seal, Dkt. #311 , and the Court has denied that motion. The Court therefore DENIES AS MOOT Plaintiffs' instant motion. Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (CKM)
October 10, 2014 Opinion or Order Filing 325 ORDER - ON DEFENDANTS' MOTIONS TO SEAL; The Court DENIES Defendants' Emergency Motion to Seal Deposition Transcripts Previously Filed in Docket 130 Dkt. #301 , Defendant's Motion to Seal Deposition Transcripts Dkt. #314 , and Defendants' Motion for Leave to File Material Under Seal Pursuant to Stipulated Protective Order. Dkt. [316.] The Clerk is directed to unseal Dkts. 78-12 through 78-15, 130-15 through 130-20, and 315. *** SEE ORDER ***. Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (CKM)
October 10, 2014 Opinion or Order Filing 324 ORDER - denying #307 Motion for Leave to File File Material Under Seal ; The Court DENIES Defendants' Motion for Leave to File Material Under Seal Pursuant to Stipulated Protective Order. Dkt. [307.] The Clerk is directed to unseal Exhibits C, D, E, G, H, I, K, L, and M Dkt. #306 accompanying Defendants' Objection to the Magistrate Judge's Order on Defendants' Motion for Reconsideration *** SEE ORDER ***. Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (CKM)
October 10, 2014 Opinion or Order Filing 323 ORDER - denying #286 Motion for Leave to File; The Court DENIES Defendants' Motion for Leave to File Under Seal Exhibits A and B to Defendants' Opposition to Plaintiff's Motion for Leave to File Amended Complaint. Dkt. [286.] The Clerk is directed to unseal Exhibits A and B to Defendants' Opposition to Plaintiffs' Motion for Leave to File Amended Complaint. Dkts. #287 & #288 *** SEE ORDER ***. Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (CKM)
October 10, 2014 Opinion or Order Filing 322 ORDER - granting #282 Motion for Leave to File under Seal ; The Court ORDERS Defendants to file, within seven days of the date of this order, a motion pursuant to Fed. R. Civ. P. 26(c) to seal any specific portions of Plaintiffs' submissions that Defendants believe should be maintained by the Court under seal. Defendants' motion to seal, from which only the information Defendants seek to maintain under seal should be redacted, which redacted copies shall not be filed under seal. Failure by Defendants to timely file the motions to seal required by this order shall result in the unsealing of the related documents. Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (CKM)
October 10, 2014 Opinion or Order Filing 321 ORDER denying defendants' #279 Motion to Seal Documents. The Court DENIES Defendants' Motion to Seal Portions of Exhibit A to Plaintiffs' Motion for Leave to File Amended Complaint [Dkt. 272] and [Dkt. 274]. The Clerk is directed to unseal Plaintiffs' #274 Proposed Amended Class Action Complaint. **SEE ORDER** Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (AH)
October 8, 2014 Opinion or Order Filing 320 Plaintiffs, Andrew Cox, Lucinda Cox, Stephanie Snyder, and Robert Goodall, individually and on behalf of others similarly situated, have moved for #319 leave to file a response to "Defendants' Objection to Magistrate Judge's September 5, 2014 Order on Defendants' Motion for Reconsideration" [Dkt. 305]. The Court, being duly advised, hereby grants leave to file a response to "Defendants' Objection to Magistrate Judge's September 5, 2014 Order on Defendants' Motion for Reconsideration" [Dkt. 305] on or before Friday October 10, 2014. Signed by Judge Tanya Walton Pratt on 10/8/2014. (MGG)
October 3, 2014 Filing 319 MOTION for Leave to File a Response to "Defendants' Objection to Magistrate Judge's September 5, 2014 Order on Defendants' Motion for Reconsideration" [Dkt. 305], filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Romig, Amy)
September 30, 2014 Opinion or Order Filing 318 ORDER granting #317 Motion for Extension of Time to 10/20/2014 to answer or otherwise plead in response to the Amended Complaint. Signed by Magistrate Judge Mark J. Dinsmore on 9/30/2014. (CBU)
September 29, 2014 Filing 317 MOTION for Extension of Time to October 20, 2014 in which to #303 Amended Complaint Motion to Extend Deadline for Defendants' Response to Plaintiffs' Amended Complaint, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Rolfes, James)
September 25, 2014 Filing 316 MOTION for Leave to File Material Under Seal Pursuant to Stipulated Protective Order relating to Docket No. 315, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
September 25, 2014 Filing 315 ***UNSEALED PER ORDER OF 11/4/2014***SEALED Exhibit A, re #314 Motion to Seal a Document, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: # (1) Exhibit A - Part 1 (Redacted Transcripts), # (2) Exhibit A - Part 2 (Redacted Transcripts), # (3) Exhibit A - Part 3 (Redacted Transcripts), # (4) Exhibit A - Part 4 (Redacted Transcripts), # (5) Exhibit A - Part 5 (Redacted Transcripts))(Rolfes, James) Modified on 11/4/2014 (CBU).
September 25, 2014 Filing 314 MOTION to Seal Document #78 Brief/Memorandum in Support of Motion, #130 Response in Opposition to Motion Deposition Transcripts 78-12 through 15 and 130-15 through 20, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Rolfes, James)
September 25, 2014 Opinion or Order Filing 313 ORDER Granting Stay of September 5, 2014 Order - The Objection to Magistrate's Order Denying Emergency Motion to Stay (Filing No. #309 ) is sustained. So as not to impact the current trial date, the Court intends to have a ruling on the Motion for Reconsideration within 30 days. Signed by Judge Tanya Walton Pratt on 9/25/2014. (TRG)
September 25, 2014 Filing 312 RESPONSE to Objection to Magistrate's Order Denying Emergency Motion to Stay, filed by Plaintiffs ANDREW COX, LUCINDA COX, ROBERT GOODALL, STEPHANIE SNYDER. (Emhardt, Frederick)
September 24, 2014 Filing 311 MOTION to Unseal Document Relating to Portions of Amended Complaint, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Exhibit A - Redacted Amended Complaint, #2 Text of Proposed Order)(Rolfes, James)
September 24, 2014 Opinion or Order Filing 310 ORDER - On September 24, 2014, Defendants Sherman Capital, LLC, Sherman Financial Group, LLC, LVNV Funding, LLC, Resurgent Capital Services LP and Sherman Originator, LLC filed Objection to Magistrate's Order Denying Emergency Motion to Stay (Dkt. #309 ). Any response is due no later than 12:00 p.m. (EDT) Thursday, September 25, 2014. Signed by Judge Tanya Walton Pratt on 9/24/2014.(TRG)
September 24, 2014 Filing 309 OBJECTION To Magistrate's Order Denying Emergency Motion to Stay by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. Related document: #308 Order on Motion to Stay. (Attachments: #1 Text of Proposed Order)(Rolfes, James) Modified on 9/24/2014 (TRG).
September 23, 2014 Opinion or Order Filing 308 ORDER - denying #304 Motion to Stay. Signed by Magistrate Judge Mark J. Dinsmore on 9/23/2014. (marginal notation) (CKM)
September 19, 2014 Filing 307 MOTION for Leave to File Material Under Seal Pursuant to Stipulated Protective Order Relating to Docket No. #306 , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James) Modified on 9/22/2014 (MGG).
September 19, 2014 Filing 306 *** ORDER UNSEALED PER ORDER #324 *** SEALED Exhibits C, D, E, G, H, I, K, L, and M, re #305 Objection, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: # (1) Exhibit C - Organizational Chart, # (2) Exhibit D - 11/14/13 Caplan Letter, # (3) Exhibit E - 1/29/14 Caplan Letter, # (4) Exhibit G - Deposition Excerpts of B. Navarro, # (5) Exhibit H - Financial Statements, # (6) Exhibit I - Financial Statements, # (7) Exhibit K - LVNV Amd. Responses to First Set of Interrogatory 11, # (8) Exhibit L - Amd. Obj. and Responses to First Set of Document Production, # (9) Exhibit M - Amd. Obj. and Responses to First Set of Document Production)(Rolfes, James) Modified on 10/10/2014 (CKM).
September 19, 2014 Filing 305 OBJECTION to Magistrate Judge's September 5, 2014 Order on Defendants' Motion for Reconsideration by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. Related document: #300 Order on MotionOrder on Motion for ReconsiderationOrder on Motion to Stay. (Attachments: #1 Exhibit A - LVNV Resps. To First Request for Production 51 and 52, #2 Exhibit B - 10/22/13 Emhardt Letter, #3 Exhibit C - Organizational Chart (Redacted), #4 Exhibit D - 11/14/13 Caplan Letter (Redacted), #5 Exhibit E - 1/29/14 Caplan Letter (Redacted), #6 Exhibit F - 1/31/14 Hearing Transcript, #7 Exhibit G - Deposition Excerpts of B. Navarro (Redacted), #8 Exhibit H - Financial Statements (Redacted), #9 Exhibit I - Financial Statements (Redacted), #10 Exhibit J - Corporate Disclosure Statement, #11 Exhibit K - LVNV Amd. Responses to First Set of Interrogatory 11 (Redacted), #12 Exhibit L - Amd. Obj. and Responses to First Set of Document Production (Redacted), #13 Exhibit M - Amd. Obj. and Responses to First Set of Document Production (Redacted), #14 Exhibit N - Am. Obj. and Responses to First Set of Production of Documents)(Rolfes, James) Modified on 9/22/2014 (TRG).
September 19, 2014 Filing 304 Emergency MOTION to Stay Pending Objection to Magistrate's Ruling Regarding Production of Financial Statements and Tax Returns, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
September 17, 2014 Filing 303 *** UNSEALED PER ORDER #327 *** AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: # (1) Cover Sheet for Sealed Document, # (2) Exhibit 1 - Cox Collection Demand, # (3) Exhibit 2 - Snyder Collection Demand - Small Claims Court, # (4) Exhibit 3 - Goodall Bankruptcy Proof of Claim, # (5) Exhibit 4 - Moody's Report - LNVN Funding - Sherman Financial Group Presentation)(Emhardt, Frederick) Modified on 9/18/2014 (NLR). Modified on 10/10/2014 (CKM).
September 17, 2014 Filing 302 MOTION to Seal Document #73 Protective Order, #297 Order on Motion for Leave to File Amended Complaint, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Cover Sheet for Sealed Document, #2 Text of Proposed Order)(Emhardt, Frederick)
September 11, 2014 Filing 301 Emergency MOTION to Seal Document #130 Response in Opposition to Motion Regarding Exhibits 130-15, 130-16, 130-17, 130-18, 130-19 and 130-20, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
September 5, 2014 Opinion or Order Filing 300 ORDER denying as moot #216 Motion to compel; granting in part and denying in part #218 Motion for Reconsideration and denying as moot #225 Motion to Stay. Signed by Magistrate Judge Mark J. Dinsmore on 9/5/2014 (See Order regarding dates and deadlines) (CBU)
September 4, 2014 Opinion or Order Filing 299 ORDER vacating #298 Settlement Conference set for 9/5/2014. Signed by Magistrate Judge Mark J. Dinsmore on 9/4/2014.(CBU)
September 4, 2014 Filing 298 Joint MOTION for Continuance of Settlement Conference Scheduled for September 5, 2014, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Emhardt, Frederick)
September 3, 2014 Opinion or Order Filing 297 ORDER - The Court hereby GRANTS IN PART and DENIES IN PART Plaintiffs' Motion for Leave to Amend the Complaint. [Dkt. #272 ]. The Court grants Plaintiffs fourteen (14) days from the date of this order to file an amended complaint that is consistent with this decision. Signed by Magistrate Judge Mark J. Dinsmore on 9/3/2014. (MGG)
July 7, 2014 Filing 296 NOTICE of Appearance by Amy E. Romig on behalf of Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Romig, Amy)
June 27, 2014 Opinion or Order Filing 295 ORDER - Approves Notice of Withdrawal of Appearance of Counsel Attorney Jeffrey A. Townsend terminated. Signed by Judge Tanya Walton Pratt on 6/27/2014. (marginal notation)(CKM)
June 26, 2014 Filing 294 NOTICE of Withdrawal of Appearance by Jeffrey A. Townsend on behalf of All Plaintiffs (Townsend, Jeffrey)
June 23, 2014 Opinion or Order Filing 293 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 6/23/2014. The parties reported on the status of discovery. A discussion was held regarding the pending motions and case management deadlines. Accordingly, the Court sua sponte suspends the remaining case management deadlines. The deadlines will be reset after a ruling on the pending motions. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
June 16, 2014 Filing 291 REPLY in Support of Motion re #272 MOTION for Leave to File Amended Class Action Complaint and Jury Demand , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Emhardt, Frederick)
June 10, 2014 Opinion or Order Filing 290 ORDER granting #289 Motion for Extension of Time to File Reply to 6/16/2014 re #272 MOTION for Leave to File Amended Class Action Complaint and Jury Demand.. Signed by Magistrate Judge Mark J. Dinsmore on 6/10/2014. (CBU)
June 9, 2014 Filing 289 Unopposed MOTION for Extension of Time to June 16, 2014 to file reply to #272 MOTION for Leave to File Amended Class Action Complaint and Jury Demand , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Emhardt, Frederick)
May 30, 2014 Filing 288 *** UNSEALED PER ORDER #323 *** SEALED Exhibit B December 10, 2010 Account Purchase Agreement Between Chase Bank USA, N.A. and Sherman Originator III, LLC, re #285 Response in Opposition to #272 Motion, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: # (1) Exhibit B SEALED December 10, 2010 Account Purchase Agreement Between Chase Bank USA, N.A. and Sherman Originator III, LLC)(Rolfes, James) Modified on 6/2/2014 (MGG). Modified on 10/10/2014 (CKM). Modified on 10/10/2014 (CKM).
May 30, 2014 Filing 287 *** UNSEALED PER ORDER #323 *** SEALED Exhibit A April 4, 2007 Sherman Originator LLC Purchase and Sale Agreement, re #285 Response in Opposition to #272 Motion, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: # (1) Exhibit A SEALED April 4, 2007 Sherman Originator LLC Purchase and Sale Agreement)(Rolfes, James) Modified on 6/2/2014 (MGG). Modified on 10/10/2014 (CKM). Modified on 10/10/2014 (CKM).
May 30, 2014 Filing 286 MOTION for Leave to File Under Seal Exhibits A and B to Defendants' Opposition to Plaintiffs' Motion for Leave to File Amended Complaint, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Exhibit Cover Sheet for Sealed Document Exhibit A April 4, 2007 Sherman Originator LLC Purchase and Sale Agreement, #2 Exhibit Cover Sheet for Sealed Document Exhibit B December 10, 2010 Account Purchase Agreement Between Chase Bank USA, N.A. and Sherman Originator III, LLC, #3 Text of Proposed Order)(Rolfes, James)
May 30, 2014 Filing 285 RESPONSE in Opposition re #272 MOTION for Leave to File Amended Class Action Complaint and Jury Demand , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Exhibit Cover Sheet for Sealed Document Exhibit A April 4, 2007 Sherman Originator LLC Purchase and Sale Agreement, #2 Exhibit Cover Sheet for Sealed Document Exhibit B December 10, 2010 Account Purchase Agreement Between Chase Bank USA, N.A. and Sherman Originator III, LLC, #3 Exhibit C Voluntary Petition with Schedules of Assets and Liabilities and Statements of Financial Affairs, In re Cottey, 14-01633-FJO-7 (Bankr. S.D. Ind. Mar. 7, 2014), #4 Exhibit D Voluntary Petition with Schedules of Assets and Liabilities and Statements of Financial Affairs In re Edison, 14-00035-JKC-7A (Bankr. S.D. Ind. Jan. 4, 2014))(Rolfes, James)
May 27, 2014 Filing 284 REPLY in Support of Motion re #218 MOTION for Reconsideration of the Magistrate's Order, or in the Alternative to Stay, #216 MOTION SUPPLEMENTAL, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Exhibit Y - Deposition of R. Roderick, #2 Exhibit Z - Deposition of K. Branigan)(Rolfes, James)
May 20, 2014 Filing 283 ***UNSEALED PER ORDER OF 11/4/2014***SEALED Plaintiffs' Response to Defendants' Supplemental Brief, re #271 Brief/Memorandum in Support of #218 Motion, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: # (1) SEALED Plaintiffs' Response to Defendants' Supplemental Brief [Dkt. 271])(Townsend, Jeffrey) Modified on 5/21/2014 (MGG). Modified on 11/4/2014 (CBU).
May 20, 2014 Filing 282 MOTION for Leave to File Under Seal Plaintiffs' Response to Defendants' Supplemental Brief [Dkt. 271], filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Cover Sheet for Sealed Document Plaintiffs' Response to Defendants' Supplemental Brief [Dkt. 271], #2 Text of Proposed Order)(Townsend, Jeffrey)
May 20, 2014 Filing 281 Submission of Proposed Order , re #279 MOTION to Seal Document #274 SEALED Document, #272 MOTION for Leave to File Amended Class Action Complaint and Jury Demand, #276 Order on Motion for Leave to File, #278 Redacted Document TO SEAL PORTIONS OF EXHIBIT A TO PLAINTIF, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
May 15, 2014 Opinion or Order Filing 280 ORDER granting #277 Defendant's Motion for Extension of Time to File Response to 5/30/2014 re #272 MOTION for Leave to File Amended Class Action Complaint and Jury Demand. Signed by Magistrate Judge Mark J. Dinsmore on 5/15/2014. (MGG)
May 14, 2014 Filing 279 MOTION to Seal Document #274 SEALED Document, #272 MOTION for Leave to File Amended Class Action Complaint and Jury Demand, #276 Order on Motion for Leave to File, #278 Redacted Document TO SEAL PORTIONS OF EXHIBIT A TO PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
May 14, 2014 Filing 278 REDACTION to #274 SEALED Document, #272 MOTION for Leave to File Amended Class Action Complaint and Jury Demand as directed by Court Order dated 5/7/2014 Dkt. 276 by LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES, LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
May 14, 2014 Filing 277 Unopposed MOTION for Extension of Time to May 30, 2014 to file response to #272 MOTION for Leave to File Amended Class Action Complaint and Jury Demand , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES, LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Rolfes, James)
May 7, 2014 Opinion or Order Filing 276 ORDER granting #273 Motion for Leave to File material under seal. Signed by Magistrate Judge Mark J. Dinsmore on 5/7/2014. (CBU)
May 6, 2014 Filing 275 BRIEF/MEMORANDUM in Support re #272 MOTION for Leave to File Amended Class Action Complaint and Jury Demand , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Emhardt, Frederick)
May 6, 2014 Filing 274 **ORDERED UNSEALED PER #279 ** SEALED Exhibit A-Proposed Amended Class Action Complaint and Jury Demand, re #272 Motion for Leave to File, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: # (1) Exhibit A-SEALED Proposed Amended Class Action Complaint and Jury Demand)(Emhardt, Frederick) Modified on 10/10/2014 (AH).
May 6, 2014 Filing 273 MOTION for Leave to File Under Seal Exhibit A to Plaintiffs' Motion for Leave to Amend Complaint, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Cover Sheet for Sealed Document Exhibit A to Plaintiffs' Motion for Leave to Amend Complaint, #2 Text of Proposed Order)(Emhardt, Frederick)
May 6, 2014 Filing 272 MOTION for Leave to File Amended Class Action Complaint and Jury Demand, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Cover Sheet for Sealed Document Exhibit A-Proposed Amended Class Action Complaint and Jury Demand, #2 Text of Proposed Order)(Emhardt, Frederick)
May 6, 2014 Filing 271 BRIEF/MEMORANDUM in Support re #218 MOTION for Reconsideration of the Magistrate's Order, or in the Alternative to Stay, #216 MOTION DEFENDANT'S SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR RECONSIDERATION AND OBJECTION, filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC. (Rolfes, James)
May 2, 2014 Filing 270 REPLY in Support of Motion re #218 MOTION for Reconsideration of the Magistrate's Order, or in the Alternative to Stay REDACTED VERSION PER COURT'S ORDER DOCKET 266, filed by Defendants JOHN DOES 1-50, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., RESURGENT CAPITAL SERVICES LP, SHERMAN CAPITAL LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR LLC (Attachments: #1 Exhibit N - Defendant LVNVs amended objection and response to Interrogatory Number 11, #2 Exhibit P - Excerpts of the Deposition Abstract of Kevin P. Branigan (taken 5/17/13, #3 Exhibit X - Defendant Sherman Financial Group LLCs Amended Objections and Responses to Plaintiffs First Set of Request for Production of Documents)(Rolfes, James) Modified on 5/5/2014 (MGG).
May 2, 2014 Filing 269 EXHIBIT re #245 SEALED Reply in support of Motion REDACTED VERSION Per Court's Order Dated 4/25/2014 Docket 266 by All Defendants. (Attachments: #1 Exhibit Q - Excerpts of the Deposition Abstract of Kevin P. Branigan, Volume II (taken 6/21/13), #2 Exhibit R - Excerpts of the Deposition Abstract of Benjamin W. Navarro (taken 6/21/13), #3 Exhibit S - Excerpts of the Deposition Abstract of Leslie G. Gutierrez (taken 6/20/13), #4 Exhibit T - Excerpts of the Deposition Abstract of Kennett R. Kendall, III (taken 6/20/13), #5 Exhibit U - Excerpts of the Deposition Abstract of Robert A. Roderick, Volume II (taken 6/19/13))(Rolfes, James)
April 30, 2014 Opinion or Order Filing 268 ORDER granting #267 Motion for Extension of Time to 5/6/2014 to amend th pleadings and/or to join additional parties. Signed by Magistrate Judge Mark J. Dinsmore on 4/30/2014. (CBU)
April 29, 2014 Filing 267 Second MOTION for Extension of Time to May 6, 2014 for the Filing of Motions for Leave to Amend the Pleadings and/or to Join Additional Parties (Unopposed), filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Townsend, Jeffrey)
April 25, 2014 Opinion or Order Filing 266 MARGINAL ORDER granting in part and denying in part #246 Defendant's Motion to Seal Document. That Dkt. 245-13 contains no confidential information and is hereby UNSEALED. **SEE MARGINAL ORDER FOR ADDITIONAL INSTRUCTIONS**. Signed by Magistrate Judge Mark J. Dinsmore on 4/25/2014. (MGG) Modified on 4/28/2014 (MGG).
April 23, 2014 Opinion or Order Filing 265 SCHEDULING ENTRY - The Court, sua sponte, VACATES the telephonic status conference scheduled for May 5, 2014 at 1:00 p.m. All other requirements of the Court's order dated 3/19/2014 [Dkt. #228 ] remain in full force and effect. Signed by Magistrate Judge Mark J. Dinsmore on 4/23/2014. (MGG)
April 23, 2014 Opinion or Order Filing 264 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 4/22/2014. Plaintiff reported they would be moving to amend the complaint by April 29, 2014. The Court and parties further addressed the impact of the Court's recent Entry on Motion to Reconsider [Dkt. 237] upon Defendant's motion to reconsider the order on the motion to compel [Dkt. 218]. It was agreed that Defendants would file a supplemental brief in support of the motion to reconsider [Dkt. 218] on or before May 6, 2014, Plaintiffs may file a response to the supplemental brief on or before May 20, 2014 and Defendants may file a reply in support of the supplemental brief on or before May 27, 2014. Status Conference set for 6/23/2014 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order for Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
April 16, 2014 Opinion or Order Filing 262 ORDER - granting #259 Motion for Extension of Time to File. The deadline for filing of motions for leave to amend the pleadings and/or to join additional parties is amended and extended to and including April 29, 2014. Signed by Magistrate Judge Mark J. Dinsmore on 4/16/2014. (CKM)
April 16, 2014 Opinion or Order Filing 261 ORDER - granting #260 Motion for Continuance; Telephonic Status Conference is reset for 4/22/2014 at 02:00 PM before Magistrate Judge Mark J. Dinsmore. All other requirements of the Court's order dated 4/14/14 [Dkt. 253] remain in full force and effect. Signed by Magistrate Judge Mark J. Dinsmore on 4/16/2014.(CKM)
April 15, 2014 Filing 260 Unopposed MOTION for Continuance of Telephone Status Conference on Friday April 18, 2014, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Townsend, Jeffrey)
April 15, 2014 Filing 259 MOTION for Extension of Time to 4/29/2014 for the Filing of Motions for Leave to Amend the Pleadings and/or to Join Additional Parties, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Townsend, Jeffrey)
April 14, 2014 Filing 258 ANSWER and Defenses, filed by Defendant SHERMAN CAPITAL LLC. (Rolfes, James)
April 14, 2014 Filing 257 ANSWER and Defenses, filed by Defendant SHERMAN FINANCIAL GROUP LLC. (Rolfes, James)
April 14, 2014 Filing 256 ANSWER and Defenses, filed by Defendant SHERMAN ORIGINATOR LLC. (Rolfes, James)
April 14, 2014 Filing 255 ANSWER and Defenses, filed by Defendant RESURGENT CAPITAL SERVICES LP. (Rolfes, James)
April 14, 2014 Filing 254 ANSWER and Defenses, filed by Defendant LVNV FUNDING LLC. (Rolfes, James)
April 14, 2014 Opinion or Order Filing 253 SCHEDULING ORDER - This matter is set for a telephone status conference on Friday, April 18, 2014 at 9:00 a.m. The purpose of the conference is to discuss the Court's ruling at Dkt. #237 and the effect on discovery. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 4/14/2014. (MGG)
April 10, 2014 Filing 252 RESPONSE in Opposition re #218 MOTION for Reconsideration of the Magistrate's Order, or in the Alternative to Stay REDACTED version per Court Order #241 , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Rolfes, James)
April 10, 2014 Filing 251 EXHIBIT re #193 SEALED Document, #191 SEALED Document, #244 Order on Motion, #192 SEALED Document REDACTED versions of Exhibits by All Defendants. (Attachments: #1 Exhibit W, #2 Exhibit X, #3 Exhibit Y)(Rolfes, James)
April 10, 2014 Filing 250 EXHIBIT re #239 Order on Motion for Leave to File, #219 SEALED Document REDACTED version of Exhibits by All Defendants. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit J, #5 Exhibit K, #6 Exhibit L)(Rolfes, James)
April 10, 2014 Filing 249 EXHIBIT re #239 Order on Motion for Leave to File, #216 MOTION REDACTED version of Exhibits by All Defendants. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit J, #5 Exhibit K, #6 Exhibit L)(Rolfes, James)
April 10, 2014 Filing 248 REPLY in Support of Motion re #172 MOTION to Compel (Plaintiffs' Motion to Compel Regarding Written Discovery) REDACTED version per Court's Order #238 , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Rolfes, James)
April 7, 2014 Filing 247 REPLY in Support of Motion re #218 MOTION for Reconsideration of the Magistrate's Order, or in the Alternative to Stay, #216 MOTION , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit N - Defendant LVNVs amended objection and response to Interrogatory Number 11, #2 Exhibit O - Collection of Entity Defendants Amended Objections and Responses to Interrogatory Numbers, #3 Exhibit P - Excerpts of the Deposition Abstract of Kevin P. Branigan (taken 5/17/13), #4 Exhibit V - Defendant LVNV Funding LLCs Amended Objections and Responses to Plaintiffs First Request for Production of Documents, #5 Exhibit W - Defendant Resurgent Capital Services LPs Amended Objections and Responses to Plaintiffs First Request for Production of Documents, #6 Exhibit X -Defendant Sherman Financial Group LLCs Amended Objections and Responses to Plaintiffs First Set of Request for Production of Documents, #7 Exhibit Y - Excerpts of the Deposition Abstract of Kennett R. Kendall (taken 5/15/13))(Rolfes, James)
April 7, 2014 Filing 246 MOTION to Seal Document #245 SEALED Reply in support of #218 Motion , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Rolfes, James) Modified on 4/8/2014 (MGG).
April 7, 2014 Filing 245 SEALED REPLY in support of Motion re #218 MOTION for Reconsideration of the Magistrate's Order, or in the Alternative to Stay, #216 MOTION , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit N - Defendant LVNVs amended objection and response to Interrogatory Number 11, #2 Exhibit O -Collection of Entity Defendants Amended Objections and Responses to Interrogatory Numbers, #3 Exhibit P - Excerpts of the Deposition Abstract of Kevin P. Branigan (taken 5/17/13), #4 Exhibit Q - Excerpts of the Deposition Abstract of Kevin P. Branigan, Volume II (taken 6/21/13), #5 Exhibit R - Excerpts of the Deposition Abstract of Benjamin W. Navarro (taken 6/21/13), #6 Exhibit S - Excerpts of the Deposition Abstract of Leslie G. Gutierrez (taken 6/20/13), #7 Exhibit T - Excerpts of the Deposition Abstract of Kennett R. Kendall, III (taken 6/20/13), #8 Exhibit U - Excerpts of the Deposition Abstract of Robert A. Roderick, Volume II (taken 6/19/13), #9 Exhibit V - Defendant LVNV Funding LLCs Amended Objections and Responses to Plaintiffs First Request for Production of Documents, #10 Exhibit W - Defendant Resurgent Capital Services LPs Amended Objections and Responses to Plaintiffs First Request for Production of Documents, #11 Exhibit X - Defendant Sherman Financial Group LLCs Amended Objections and Responses to Plaintiffs First Set of Request for Production of Documents, #12 Exhibit Y - Excerpts of the Deposition Abstract of Kennett R. Kendall (taken 5/15/13), #13 Cover Sheet for Sealed Document Sealed Cover Sheet, ORDERED UNSEALED PER MARGINAL ORDER NO. #266 , (Rolfes, James) Modified on 4/28/2014 (MGG). Modified on 4/28/2014 (MGG).
April 2, 2014 Opinion or Order Filing 244 ORDER - granting #211 Motion to Maintain Under Seal; Exhibits W, X, and Y [Dkts. 191, 192 & 193] to Plaintiffs' Reply in Support of Plaintiffs' Motion to Compel Regarding Written Discovery be maintained under seal. Unless they have already done so, within seven days of the date of this order, Defendants shall file unsealed versions of Dkts. 191, 192 & 193 from which only confidential information has been redacted. Signed by Magistrate Judge Mark J. Dinsmore on 4/2/2014. (CKM)
April 2, 2014 Opinion or Order Filing 243 ORDER - granting #236 Motion to Withdraw Attorney Appearance. Attorney Gary S. Caplan withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 4/2/2014. (CKM)
April 2, 2014 Opinion or Order Filing 242 ORDER - denying #232 Motion for Leave to File; Plaintiffs' motion is DENIED. Dkt. Nos. 234 and 234-1 contain only generalized information that does not meet the standard to justify those documents being sealed from public view. The Court DENIES Defendants' motion and orders Dkt. Nos. 234 and 234-1 to be UNSEALED. Signed by Magistrate Judge Mark J. Dinsmore on 4/2/2014. (CKM)
April 2, 2014 Opinion or Order Filing 241 ORDER - granting in part and denying in part #231 Motion for Leave to File. Plaintiffs' motion is GRANTED IN PART and DENIED IN PART. Dkt. No. 233 contains no information that meets the standard to justify that document being sealed from public view. Accordingly, the Court DENIES Defendants' motion with regard to Dkt. No. 233 and orders that document to be UNSEALED. The Court GRANTS Plaintiffs' motion with regard to Dkt. No. 233-1 and that document shall be maintained under seal. Within seven days from the date of this order, Defendants shall file a public version of Dkt. No. 233-1 from which only confidential information has been redacted. Defendants are directed to limit any redaction to specific names, words or phrases that actually disclose confidential information. Overredaction by Defendants may lead to reconsideration by the Court of its order placing this document under seal. Signed by Magistrate Judge Mark J. Dinsmore on 4/2/2014. (marginal notation) (CKM)
April 2, 2014 Opinion or Order Filing 240 ORDER - denying #229 Motion for Leave to File under seal. Plaintiffs' motion is DENIED. Dkt. Nos. 230 and 230-1 contain only generalized information that does not meet the standard to justify those documents being sealed from public view. The Court DENIES Plaintiffs' motion and orders Dkt. Nos. 230 and 230-1 to be UNSEALED. Signed by Magistrate Judge Mark J. Dinsmore on 4/2/2014. (marginal notation) (CKM)
April 2, 2014 Opinion or Order Filing 239 ORDER - Defendants' motion for leave is GRANTED IN PART re #73 contain only generalized information that does not meet the standard to justify those documents being sealed from public view. The Court DENIES Defendants' motion with regard to Dkt. Nos. 216, 216-7, 219, and 219-7 and orders those documents to be UNSEALED. The Court GRANTS Defendants' motion with regard to Dkt. Nos. 216-1 through 216-6 and 219-1 through 219-6 and those documents shall be maintained under seal. Within seven days from the date of this order, Defendants shall file public versions of Dkt. Nos. 216-1 through 216-6 and 219-1 through 219-6 from which only confidential information has been redacted. Defendants are directed to limit any redaction to specific names, words or phrases that disclose confidential information. Overredaction by Defendants may lead to reconsideration by the Court of its order placing these documents under seal. Signed by Magistrate Judge Mark J. Dinsmore on 4/2/2014. (marginal notation ) (CKM) Modified on 4/3/2014 (CKM).
April 2, 2014 Opinion or Order Filing 238 ORDER - granting #212 Motion to Seal Document #189 Reply in Support of Motion. Within seven days of the date of this order, Defendants shall file a public version of Dkt. 189 from which only confidential information has been redacted. The redactions at Dkt. 212-1 are overbroad. Proper redactions would be limited to deposition answers and then only to the portions of the response that actually discloses confidential information. Signed by Magistrate Judge Mark J. Dinsmore on 4/2/2014. (CKM)
March 31, 2014 Filing 237 ENTRY ON MOTION TO RECONSIDER - The Defendants' Objection to the September 30, 2013 Report and Recommendation Regarding Defendants' Motion to Dismiss [Dkt. 154] is SUSTAINED in part and OVERRULED in part; thus the Motion to Dismiss [Dkt. 21] is GRANTED in part and DENIED in part. Defendants Benjamin W. Navarro, Leslie G. Gutierrez, Scott E. Silver, Kevin P. Branigan, Robert A. Roderick, Kennett Kendall, Sherman Capital Markets LLC, Sherman Acquisition, LLC, and Sherman Originator III, LLC are DISMISSED with prejudice due to lack of personal jurisdiction. Plaintiffs' RICO claims under Counts VII, VIII, IX and common law fraud claim under Count IV are DISMISSED without prejudice. Plaintiffs' FDCPA claims under Counts I and II against all Defendants are DISMISSED with prejudice. The only remaining claims in this case are the FDCPA claim under Count III and the common law unjust enrichment and restitution claims under Counts V and VI asserted against Sherman Capital LLC, Sherman Financial Group LLC, Sherman Originator LLC, LVNV, and Resurgent. Defendants' Objections to the July 18, 2013 Report and Recommendation Regarding Class Certification [Dkt. 133] is SUSTAINED, and the Motion to Certify Class (Dkt. 5) is DENIED. The Court grants the Plaintiffs leave to re-file their motion to certify class. Signed by Judge Tanya Walton Pratt on 3/31/2014.(CKM)
March 31, 2014 Filing 236 MOTION to Withdraw Attorney Appearance , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Riley, James)
March 27, 2014 Filing 235 EXHIBIT re #233 SEALED Response to Motion Exhibit B-Affidavit of April Keaton, re #216 & #218 by All Plaintiffs. (Townsend, Jeffrey) Modified on 3/28/2014 (MGG).
March 27, 2014 Filing 234 *** UNSEALED PER ORDER #242 *** SEALED Exhibit A-Excerpts from Robert Roderick Deposition Confidential, re #233 SEALED Response to Motion, re #216 & #218 , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: # (1) Exhibit A-SEALED Excerpts from Robert Rodericks Deposition Confidential)(Townsend, Jeffrey) Modified on 3/28/2014 (MGG). Modified on 4/3/2014 (CKM).
March 27, 2014 Filing 233 SEALED RESPONSE re #218 MOTION for Reconsideration *** UNSEALED PER ORDER #241 *** of the Magistrate's Order, or in the Alternative to Stay, #216 MOTION , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 SEALED *** TO REMAIN SEALED PER ORDER #241 *** Plaintiffs' Opposition to Defendants' Motions 218 and 216)(Townsend, Jeffrey) Modified on 4/3/2014 (CKM). Modified on 4/3/2014 (CKM).
March 27, 2014 Filing 232 MOTION for Leave to File Under Seal Exhibit A to Plaintiffs' Opposition to Defendants' Motions #218 and #216 , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Cover Sheet for Sealed Document Exhibit A-Excerpts from Robert Roderick Deposition Confidential, #2 Text of Proposed Order)(Townsend, Jeffrey) Modified on 3/28/2014 (MGG).
March 27, 2014 Filing 231 MOTION for Leave to File Under Seal Plaintiffs' Opposition to Defendants' Motions #218 and #216 , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Cover Sheet for Sealed Document Plaintiffs' Opposition to Defendants' Motions, #2 Text of Proposed Order)(Townsend, Jeffrey) Modified on 3/28/2014 (MGG).
March 21, 2014 Filing 230 *** UNSEALED PER ORDER #240 *** SEALED Plaintiffs' Response to Defendants' Emergency Motion for Stay, re #225 Motion to Stay, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: # (1) SEALED Plaintiffs' Response to Defendants' Emergency Motion for Stay)(Townsend, Jeffrey) Modified on 4/3/2014 (CKM).
March 21, 2014 Filing 229 MOTION for Leave to File Material Under Seal, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Cover Sheet for Sealed Document Plaintiffs' Response to Defendants' Emergency Motion for Stay, #2 Text of Proposed Order)(Townsend, Jeffrey)
March 19, 2014 Opinion or Order Filing 228 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 3/17/2014. The parties report they areworking on an agreement, whereby instead of producing bankruptcy forms, as ordered by the court, Defendants would produce an EXCEL spreadsheet containing the same information. A discussion was further held regarding Defendant's motion to stay and what was expected to be produced. The parties further discussed Defendants' pending motions at Dkt. 211, 212, and 215,to which Plaintiffs indicated they did not plan to object. Status Conference set for 5/5/2014 01:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order for Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
March 18, 2014 Opinion or Order Filing 227 ORDER granting Parties' #224 Joint Motion for Continuance: Final Pretrial Conference RESET for 6/17/2015 10:00 AM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Jury Trial RESET for 7/13/2015 09:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Signed by Judge Tanya Walton Pratt on 3/18/2014.(SWM)
March 18, 2014 Opinion or Order Filing 226 ORDER - This matter is before the Court on Defendants' Emergency Motion for Stay (Dkt. #225 ). Plaintiffs' response, if any, is due no later than noon, Friday, March 21, 2014. Signed by Judge Tanya Walton Pratt on 3/18/2014.(TRG)
March 18, 2014 Filing 225 MOTION to Stay re #210 Order on #172 Motion to Compel , filed by Defendants LVNV FUNDING LLC, RESURGENT CAPITAL SERVICES LP, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC. (Attachments: #1 Text of Proposed Order)(Riley, James) Modified on 3/19/2014 (MGG).
March 17, 2014 Filing 224 Joint MOTION for Continuance of Trial and Final Pretrial Conference, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Emhardt, Frederick)
March 13, 2014 Opinion or Order Filing 222 ORDER - granting #221 Motion to Appear pro hac vice. Attorney Thomas L. Allen for KEVIN P. BRANIGAN,Thomas L. Allen for LESLIE G. GUTIERREZ,Thomas L. Allen for JOHN DOES 1-50,Thomas L. Allen for KENNETT KENDALL,Thomas L. Allen for LVNV FUNDING LLC,Thomas L. Allen for MEETING STREET PARTNERS II INC.,Thomas L. Allen for BENJAMIN W. NAVARRO,Thomas L. Allen for RESURGENT CAPITAL SERVICES LP,Thomas L. Allen for ROBERT A. RODERICK,Thomas L. Allen for SHERMAN ACQUISITION LLC,Thomas L. Allen for SHERMAN CAPITAL LLC,Thomas L. Allen for SHERMAN CAPITAL MARKETS LLC,Thomas L. Allen for SHERMAN FINANCIAL GROUP LLC,Thomas L. Allen for SHERMAN ORIGINATOR III LLC,Thomas L. Allen for SHERMAN ORIGINATOR LLC,Thomas L. Allen for SCOTT E. SILVER added. Signed by Magistrate Judge Mark J. Dinsmore on 3/13/2014. (RSF)
March 11, 2014 Filing 221 MOTION for Attorney(s) Thomas L. Allen to Appear pro hac vice (Filing fee $30, receipt number 0756-2985229), filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Riley, James)
March 10, 2014 Filing 220 EXHIBIT re #219 SEALED Document in Support of #218 by All Defendants. (Attachments: #1 Exhibit A - Excerpt from Order on Plaintiffs' Motion to Compel, #2 Exhibit B - Excerpt from Def LVNV Objections and Responses, #3 Exhibit C - Letter dated 10/22/13, #4 Exhibit G - Excerpt from Memo In Support of Pls' Motion to Compel, #5 Exhibit H - Excerpt from Reply in Support of Pls' Motion to Compel, #6 Exhibit I - Excerpt from Transcript of 1/31/14 Hearing on Motion to Compel, #7 Exhibit M - Defs' Corporate Disclosure Statement)(Rolfes, James) Modified to add document link on 3/11/2014 (MGG).
March 10, 2014 Filing 219 *** UNSEALED PER ORDER #239 dkt #219 and [219-7] SEALED Memorandum of Law in Support of #218 Motion for Reconsideration of Magistrate's #210 Order or in the Alternative to Stay, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit D - Organization Chart, #2 Exhibit E - Letter dated 11/14/13, #3 Exhibit F - Letter dated 1/25/14, #4 Exhibit J - Excerpts of B. Navarro Deposition, #5 Exhibit K - Sherman Financial Group LLC Financial Statements, #6 Exhibit L - Resurgent Capital Services LP Financial Statements, **ORDERED UNSEALED PER #239 ** #7 Cover Sheet for Sealed Document)(Rolfes, James) Modified docket text and made document links on 3/11/2014 (MGG). Modified on 4/3/2014 (CKM).
March 10, 2014 Filing 218 MOTION for Reconsideration of the Magistrate's #210 Order, or in the Alternative to Stay, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Rolfes, James) Modified to add document link on 3/11/2014 (MGG).
March 10, 2014 Filing 217 EXHIBIT re #216 SEALED Document in Support of #215 by All Defendants. (Attachments: #1 Exhibit A - Excerpt from Order on Plaintiffs' Motion to Compel, #2 Exhibit B - Excerpt from Def LVNV Objections and Responses, #3 Exhibit C - Letter dated 10/22/13, #4 Exhibit G - Excerpt from Memo in Support of Pls' Motion to Compel, #5 Exhibit H - Excerpt from Reply in Support of Pls' Motion to Compel, #6 Exhibit I - Excerpt from Transcript of 1/31/14 Hearing on Motion to Compel, #7 Exhibit M - Defs' Corporate Disclosure Statement)(Rolfes, James) Modified to add document link on 3/11/2014 (MGG).
March 10, 2014 Filing 216 *** UNSEALED PER ORDER #239 dkt #216 and [216-7] SEALED Defendants' Objection to Magistrate Judge's #210 Order on Plaintiffs' Motion to Compel, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit D - Organization Chart, #2 Exhibit E - Letter dated 11/14/13, #3 Exhibit F - Letter dated 1/25/14, #4 Exhibit J - Excerpts of B. Navarro Deposition, #5 Exhibit K - Sherman Financial Group LLC Finanical Statements, #6 Exhibit L - Resurgent Capital Services LP Financial Statements,**ORDERED UNSEALED PER ORDER #239 ** #7 Cover Sheet for Sealed Document)(Rolfes, James) Modified to add document link on 3/11/2014 (MGG). Modified on 3/11/2014 (TRG). Modified on 4/3/2014 (CKM).
March 10, 2014 Filing 215 MOTION for Leave to File Docket #216 and Docket #219 Under Seal Pursuant to Stipulated Protective Order (Dkt. #73 ), filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Rolfes, James) Modified docket text and created document links on 3/11/2014 (MGG).
February 28, 2014 Filing 214 Exhibit List Preliminary, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER, Witness List Preliminary, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (DeMarino, Michael)
February 26, 2014 Filing 213 EXHIBIT re #185 Response in Opposition to Motion to Compel Regarding Written Discovery by All Defendants. (DeMarino, Michael)
February 26, 2014 Filing 212 MOTION to Seal Document #189 Reply in Support of Motion to Compel Regarding Written Discovery, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit Exhibit A (Redacted Reply Brief), #2 Text of Proposed Order Order Granting Defendants' Motion to Seal Plaintiffs' Reply in Support of Plaintiffs' Motion to Compel Regarding Written Discovery)(DeMarino, Michael)
February 26, 2014 Filing 211 MOTION to Maintain under seal Exhibits W X and Y to #189 Plaintiffs Reply in Support of #172 Motion to Compel Regarding Written Discovery, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order Proposed Order granting Motion to Maintain under seal Exhibits W X and Y to Plaintiffs Reply in Support of Motion to Compel Regarding Written Discovery)(DeMarino, Michael) Modified to add document links on 2/27/2014 (MGG).
February 24, 2014 Opinion or Order Filing 210 ORDER - granting in part and denying in part #172 Motion to Compel. The Court grants Defendants twenty-eight (28) days from the date of this Order to supplement its responses to Plaintiffs' interrogatories and requests for production in a manner consistent with this Order *** SEE ORDER ***. Signed by Magistrate Judge Mark J. Dinsmore on 2/24/2014. (CKM)
February 19, 2014 Opinion or Order Filing 209 ORDER - granting #179 Motion to Unseal Document #176 SEALED Document. IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that Exhibits U be unsealed [Dkt. 176], Exhibt S [Dkt. 175] and V [Dkt. 177] of Plaintiffs' Motion to Compel Regarding Written Discovery [Dkt. 172] are to remain sealed. Dkt. 182 contains the redacted portions of these Exhibits. Signed by Magistrate Judge Mark J. Dinsmore on 2/19/2014. (CKM)
February 19, 2014 Opinion or Order Filing 208 AMENDED ORDER re #180 MOTION to Seal Document #172 MOTION to Compel. IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the portion of Exhibit S [Dkt. 175] which constitutes the excerpt of the deposition testimony of Kevin P. Branigan and portions of Exhibit V [Dkt. 177] relating to the number of accounts and total amounts collected of Plaintiffs' Motion to Compel Regarding Written Discovery [Dkt. 172] shall be maintained under seal. The Clerk is directed to unseal Dkt. 172. Signed by Magistrate Judge Mark J. Dinsmore on 2/19/2014.(CKM)
February 18, 2014 Opinion or Order Filing 207 ORDER - granting #188 Motion to Seal Document #185 Response in Opposition to Motion. Exhibit C [Dkt. 185-3] to Defendants' Response in Opposition to Plaintiffs' Motion to Compel Regarding Written Discovery [Dkt. 185.] is sealed. Within seven days (7) from the date of this order, Defendants are to file a redacted copy of Exhibit C. Signed by Magistrate Judge Mark J. Dinsmore on 2/18/2014. (CKM)
February 17, 2014 Opinion or Order Filing 206 ORDER - granting #190 Motion for Leave to File; Plaintiffs may file Exhibits W, X, and Y [Dkts. 191, 192 & 193]designated as Confidential by Defendants, under seal. Within seven days, Defendants shall file a motion pursuant to Fed. R. Civ. P. 26(c) to seal any specific portions of Exhibits W, X, and Y that Defendants believe should be maintained by the Court under seal. Failure by Defendants to timely file the motions to seal required by this order shall result in the unsealing of the related documents ** SEE ORDER FOR FURTHER INFORMATION ***. Signed by Magistrate Judge Mark J. Dinsmore on 2/17/2014. (CKM)
February 17, 2014 Opinion or Order Filing 205 ORDER - granting #180 Motion to Seal Document #172 MOTION to Compel (Plaintiffs' Motion to Compel Regarding Written Discovery). Signed by Magistrate Judge Mark J. Dinsmore on 2/17/2014. (CKM)
February 14, 2014 Opinion or Order Filing 204 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED; Discovery due by 9/5/2014.Dispositive Motions due by 10/17/2014. Signed by Magistrate Judge Mark J. Dinsmore on 2/14/2014.(CKM)
February 14, 2014 Opinion or Order Filing 203 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 2/13/2014 - The parties discussed case management deadlines. The Court will issue by separate order an Amended Case Management Order. The parties were instructed to file a motion to continue the trial. Telephonic Status Conference set for 3/17/2014 at 09:40 AM before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore. (REO)
February 10, 2014 Filing 202 TRANSCRIPT of Motion to Compel held on 01/31/2014 before Magistrate Judge Mark J. Dinsmore. (68 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 916-8209). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 3/3/2014. Release of Transcript Restriction set for 5/12/2014. (Moxley, David) Released on 5/12/2014 (SWM).
February 10, 2014 Filing 201 NOTICE of FILING of OFFICIAL TRANSCRIPT of Motion to Compel held before Magistrate Judge Mark J. Dinsmore on 01/31/2014 (Moxley, David)
February 5, 2014 Opinion or Order Filing 199 ORDER granting #196 Motion to Appear pro hac vice of Attorney James A. Rolfes. Signed by Magistrate Judge Mark J. Dinsmore on 2/5/2014. Copy Mailed. (JD)
February 5, 2014 Opinion or Order Filing 198 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: This matter came before the Court for a hearing onPlaintiff's Motion to Compel [Dkt. 172]. Arguments were held andthe and the matter was taken under advisement. Status Conference set for 2/13/2014 at 02:40 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
February 3, 2014 Filing 197 Submission of Proposed Order Granting Amended Motion to Appear Pro Hac Vice, re #196 Amended MOTION for Attorney(s) James A. Rolfes to Appear pro hac vice (No fee paid with this filing), filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Riley, James)
January 31, 2014 Filing 196 Amended MOTION for Attorney(s) James A. Rolfes to Appear pro hac vice (No fee paid with this filing), filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Riley, James)
January 30, 2014 Opinion or Order Filing 195 ORDER - denying #194 Motion to Appear pro hac vice. DENIED without prejudice to its resubmission for failure to comply with Local Rule 83-6(2) (marginal notation). Signed by Magistrate Judge Mark J. Dinsmore on 1/30/2014. (CKM)
January 29, 2014 Filing 194 MOTION for Attorney(s) James A. Rolfes to Appear pro hac vice (Filing fee $30, receipt number 0756-2942398), filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Riley, James)
January 24, 2014 Filing 193 SEALED Exhibit Y, re #189 Reply in Support of #172 Motion, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Exhibit Y-Sample pages of account IDs and amounts collected)(Townsend, Jeffrey) Modified on 1/27/2014 (MGG).
January 24, 2014 Filing 192 SEALED Exhibit X, re #189 Reply in Support of #172 Motion, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Exhibit X-Sample pages of names of putative class members)(Townsend, Jeffrey) Modified on 1/27/2014 (MGG).
January 24, 2014 Filing 191 SEALED Exhibit W, re #189 Reply in Support of #172 Motion, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Exhibit W-Excerpts from Deposition Transcript of Benjamin W. Navarro)(Townsend, Jeffrey) Modified on 1/27/2014 (MGG).
January 24, 2014 Filing 190 MOTION for Leave to File Material Under Seal, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Cover Sheet for Sealed Document Exhibit W, #2 Cover Sheet for Sealed Document Exhibit X, #3 Cover Sheet for Sealed Document Exhibit Y, #4 Text of Proposed Order)(Townsend, Jeffrey)
January 24, 2014 Filing 189 *** SEALED PER ORDER #238 *** REPLY in Support of Motion re #172 MOTION to Compel (Plaintiffs' Motion to Compel Regarding Written Discovery) , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: # (1) Exhibit Z-Defense counsel's email dated January 22, 2014)(Townsend, Jeffrey) (CKM).
January 16, 2014 Filing 188 MOTION to Seal Document #185 Response in Opposition to Motion (Exhibit C), filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Caplan, Gary)
January 16, 2014 Opinion or Order Filing 187 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 1/15/2014. Defendant served interrogatories and requests for production in November. Plaintiff confirmed they would respond on or before January 30, 2014. The parties further discussed Plaintiff's Motion to Compel [Dkt. 172]. Any brief in reply to said motion is due on or before January 24, 2014. A Hearing on Plaintiff's motion is set for 1/31/2014 at 09:00 AM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore., Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
January 15, 2014 Opinion or Order Filing 186 ORDER granting #181 Motion for Extension of Time to 1/14/2014 to File Response re #172 MOTION to Compel. Signed by Magistrate Judge Mark J. Dinsmore on 1/15/2014. (JD)
January 14, 2014 Filing 185 *** SEALED PER ORDER #207 (Ex C 185-3) *** RESPONSE in Opposition re #172 MOTION to Compel (Plaintiffs' Motion to Compel Regarding Written Discovery), filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: # (1) Exhibit A - Defendants' Oct. 18 letter, # (2) Exhibit B - Plaintiffs' Rule 37 Letter, # (3) Exhibit C - Defendants' Nov. 14 and 15 Letter, # (4) Exhibit D - Defendants' Dec. 16 Letter, # (5) Exhibit E- Caplan email, Dec. 11, 2013, # (6) Exhibit F - Defendants' Letter Jan. 9, 2014, # (7) Exhibit G - DeMarino e-mail, Nov. 14, 2013)(Caplan, Gary) Modified docket text on 1/15/2014 (MGG). Modified on 2/19/2014 (CKM).
January 14, 2014 Filing 184 NOTICE of Appearance by Jeffrey A. Townsend on behalf of Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Townsend, Jeffrey)
December 31, 2013 Filing 182 Submission of Unsealed Exhibits re #172 Motion to Compel, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit S-Redacted as to the deposition testimony of Kevin P. Branigan, #2 Exhibit U-unredacted, #3 Exhibit V-redacted as to the number of accounts and total amounts collected)(Riley, James) Added document link on 1/2/2014 (MGG).
December 30, 2013 Filing 181 MOTION for Extension of Time to 01/14/2014 , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Riley, James) Modified event type on 1/16/2014 (JD).
December 30, 2013 Filing 180 MOTION to Seal Document #172 MOTION to Compel (Plaintiffs' Motion to Compel Regarding Written Discovery) , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Riley, James)
December 30, 2013 Filing 179 MOTION to Unseal Document #172 MOTION to Compel (Plaintiffs' Motion to Compel Regarding Written Discovery) filed by STEPHANIE SNYDER, LUCINDA COX, ANDREW COX , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Riley, James)
December 23, 2013 Opinion or Order Filing 178 ORDER granting #174 Motion for Leave to File Materials Under Seal pursuant to Stipulated Protective Order (S.O.). Signed by Magistrate Judge Mark J. Dinsmore on 12/23/2013. (MAC)
December 20, 2013 Filing 177 SEALED Exhibit V 2013-11-15 G. Caplan letter to Plaintiffs re accounts and amounts collected, re #173 Brief/Memorandum in Support of #172 MOTION to Compel, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Exhibit V SEALED EXHIBIT 2013-11-15 G. Caplan letter to Plaintiffs re accounts and amounts collected)(Emhardt, Frederick) Added document link on 12/23/2013 (MGG).
December 20, 2013 Filing 176 *** UNSEALED PER ORDER #209 Exhibit U RESURGENT-000550 through 000563 (REDACTED), re #173 Brief/Memorandum in Support of #172 MOTION to Compel, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: # (1) Exhibit U SEALED EXHIBIT RESURGENT-000550 through 000563 (REDACTED))(Emhardt, Frederick) Added document link on 12/23/2013 (MGG). Modified on 2/19/2014 (CKM). Modified on 2/19/2014 (CKM).
December 20, 2013 Filing 175 SEALED Exhibit S 2013-11-05 Letter to Caplan and Riley, re #173 Brief/Memorandum in Support of #172 MOTION to Compel, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Exhibit S SEALED EXHIBIT 2013-11-05 Letter to Caplan and Riley)(Emhardt, Frederick) Added document link on 12/23/2013 (MGG).
December 20, 2013 Filing 174 MOTION for Leave to File Material Under Seal, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Cover Sheet for Sealed Document Seal Cover Sheet for Exhibit S, #2 Cover Sheet for Sealed Document Seal Cover Sheet for Exhibit U, #3 Cover Sheet for Sealed Document Seal Cover Sheet for Exhibit V, #4 Text of Proposed Order)(Emhardt, Frederick)
December 20, 2013 Filing 173 BRIEF/MEMORANDUM in Support re #172 MOTION to Compel (Plaintiffs' Motion to Compel Regarding Written Discovery) , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Exhibit Exhibit A 2013-10-11 LVNV Funding Obj and Responses to Plaintiffs 1st Set of Interrogs, #2 Exhibit Exhibit B 2013-10-11 LVNV Funding Obj and Responses to Plaintiffs 1st Set of RFP, #3 Exhibit Exhibit C 2013-10-11 Resurgent Capital Obj and Responses to Plaintiffs 1st Set of Interrogs, #4 Exhibit Exhibit D 2013-10-11 Resurgent Capital Obj and Responses to Plaintiffs 1st Set of RFP, #5 Exhibit Exhibit E 2013-10-11 Sherman Acquisition Obj and Responses to Plaintiffs 1st Set of Interrogs, #6 Exhibit Exhibit F 2013-10-11 Sherman Acquisition Obj and Responses to Plaintiffs 1st Set of RFP, #7 Exhibit Exhibit G 2013-10-11 Sherman Capital Market Obj and Responses to Plaintiffs 1st Set of Interrogs, #8 Exhibit Exhibit H 2013-10-11 Sherman Capital Market Obj and Responses to Plaintiffs 1st Set of RFP, #9 Exhibit Exhibit I 2013-10-11 Sherman Capital Obj and Responses to Plaintiffs 1st Set of Interrogs, #10 Exhibit Exhibit J 2013-10-11 Sherman Capital Obj and Responses to Plaintiffs 1st Set of RFP, #11 Exhibit Exhibit K 2013-10-11 Sherman Financial Group Obj and Responses to Plaintiffs 1st Set of Interrogs, #12 Exhibit Exhibit L 2013-10-11 Sherman Financial Group Obj and Responses to Plaintiffs 1st Set of RFP, #13 Exhibit Exhibit M 2013-10-11 Sherman Originator III Obj and Responses to Plaintiffs 1st Set of Interrogs, #14 Exhibit Exhibit N 2013-10-11 Sherman Originator III Obj and Responses to Plaintiffs 1st Set of RFP, #15 Exhibit Exhibit O 2013-10-11 Sherman Originator LLC Obj and Responses to Plaintiffs 1st Set of Interrogs, #16 Exhibit Exhibit P 2013-10-11 Sherman Originator LLC Obj and Responses to Plaintiffs 1st Set of RFP, #17 Exhibit Exhibit Q 2013-10-22 PSRB letter to G. Caplan and J. Riley, #18 Exhibit Exhibit R 2013-11-02 Letter from G. Caplan to counsel, #19 Exhibit Exhibit T 2013-10-18 Riley letter to counsel)(Emhardt, Frederick)
December 20, 2013 Filing 172 *** UNSEALED PER ORDER #208 *** MOTION to Compel (Plaintiffs' Motion to Compel Regarding Written Discovery), filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Emhardt, Frederick) Modified on 2/18/2014 (CKM). Modified on 2/19/2014 (CKM).
December 20, 2013 Filing 171 Exhibit List (Preliminary), filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER, Witness List (Preliminary), filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Emhardt, Frederick)
December 16, 2013 Opinion or Order Filing 170 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 12/11/2013. Plaintiff reports they will file a motion to compel on or before December 20, 2013. The parties were reminded of the discovery deadline. Status Conference set for 1/15/2014 at 01:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
December 10, 2013 Filing 169 TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (CKM)
December 10, 2013 Opinion or Order Filing 168 SCHEDULING ORDER: Final Pretrial Conference set for 1/14/2015 10:00 AM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Jury Trial set for 2/9/2015 09:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Signed by Judge Tanya Walton Pratt on 12/10/2013.(CKM)
November 25, 2013 Opinion or Order Filing 166 ORDER granting in part and denying in part #164 Motion to Vacate the Settlement Conference and Enlarge Deadline for Settlement Demand and Statement of Damages - The settlement conference scheduled for December 11, 2013 is hereby VACATED and continued to Friday, September 5, 2014 at 9:00 a.m. in Room 257, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. The Court will conduct a telephonic status conference on Thursday, December 11, 2013 at 10:30 a.m. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. *SEE ORDER*. Signed by Magistrate Judge Mark J. Dinsmore on 11/25/2013.(JD)
November 25, 2013 Filing 165 RESPONSE to Motion re #164 MOTION to Vacate Settlement Conference and to Enlarge Deadline for Settlement Demand and Statement of Special Damages , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
November 22, 2013 Filing 164 MOTION to Vacate Settlement Conference and to Enlarge Deadline for Settlement Demand and Statement of Special Damages, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Emhardt, Frederick)
November 21, 2013 Opinion or Order Filing 163 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 11/20/2013. A discussion was held regarding issues relating to the settlement conference scheduled for December 11, 2013. On or before November 22, 2013 Plaintiff is to serve their demand on Defendants or file a motion to continue the settlement conference, if they do not feel they have the information needed to make a demand. On or before November 25, 2013, if necessary, Defendants may file a motion to continue the settlement conference. A discussion was further held regarding who will be in attendance at the settlement conference pursuant to the Court's order setting this matter for settlement conference. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
November 19, 2013 Opinion or Order Filing 162 ORDER - granting in part and denying in part #161 Motion for Extension of Time to File to 7 days, to serve their statement of special damages and settlement demand under Paragraph I (E) of the Case Management Order. The parties shall submit their confidential settlement statements on or before December 9, 2013. [See Dkt. 155 at 3-4.] The parties' joint draft settlement agreement remains due on or before December 4, 2013. [See Dkt. 155at 6-7.] (marginal notation). Signed by Magistrate Judge Mark J. Dinsmore on 11/19/2013. (CKM)
November 18, 2013 Filing 161 Second MOTION for Extension of Time to November 25, 2013 to Serve Settlement Demand and Statement of Special Damages, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Emhardt, Frederick)
November 12, 2013 Opinion or Order Filing 159 ORDER - granting #158 Motion for Extension of Time to File to enlarged to and including December 3, 2013. Signed by Magistrate Judge Mark J. Dinsmore on 11/12/2013. (CKM)
November 8, 2013 Filing 158 MOTION for Extension of Time to November 18, 2013 to Serve Settlement Demand and Statement of Special Damages, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Emhardt, Frederick)
November 1, 2013 Filing 157 OBJECTION to #151 REPORT AND RECOMMENDATIONS, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Emhardt, Frederick) Modified event type and added document link on 11/4/2013 (JD).
October 17, 2013 Opinion or Order Filing 156 ORDER: CASE MANAGEMENT PLAN APPROVED. Discovery due by 5/23/2014 and Dispositive Motions due by 6/13/2014. Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2013.(CBU)
October 17, 2013 Opinion or Order Filing 155 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 10/15/2013. The parties discussed setting this matter for an early settlement conference. The parties further discussed case management deadlines and the Court will enter a Case Management Order. The parties further reported on the status of discovery and Plaintiffs report they are dissatisfied with Defendants'responses. The parties were instructed to meet and confer and contact the Court if they are unable to resolve those issues. Settlement Conference set for 12/11/2013 at 10:30 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore., Status Conference set for 11/20/2013 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
October 15, 2013 Filing 154 OBJECTION to #151 Report and Recommendations , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit A - Compendium of Unpublished Cases)(Caplan, Gary)
September 30, 2013 Opinion or Order Filing 152 SCHEDULING ORDER - All previous limitations on discovery in this matter are hereby lifted and discovery is hereby ordered to proceed forthwith. This matter is scheduled for a telephonic status conference on Tuesday, October 15, 2013 at 4:40 p.m. to address the status of the matter and the scheduling of the remaining case management deadlines, as well as the scheduling of a settlement conference in this case. The parties are instructed to confer in advance of the conference regarding proposed dates and to be prepared to discuss all scheduling issues during the conference. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 9/30/2013.(JD)
September 30, 2013 Filing 151 REPORT AND RECOMMENDATIONS re #21 MOTION to Dismiss grants in part and deny in part defendants' motion. Signed by Magistrate Judge Mark J. Dinsmore on 9/30/2013.(CBU)
September 11, 2013 Opinion or Order Filing 150 ORDER REFERRING MOTION - United States Magistrate Mark J. Dinsmore is hereby designated to issue a report and recommendation on Defendants' Motion to Dismiss filed at Docket #21 . Signed by Judge Tanya Walton Pratt on 9/11/2013. (JD)
September 5, 2013 Filing 149 REPLY in Support of #133 Objection to #131 Report and Recommendations, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Caplan, Gary) Added all defendants as filers and added document link on 9/6/2013 (JD).
September 5, 2013 Opinion or Order Filing 148 ORDER granting #144 Motion for Leave to File a Reply - Defendants are granted leave to file their reply in support of their Objection to the Magistrate Judge's July 18, 2013 Report and Recommendation by September 5, 2013. Signed by Judge Tanya Walton Pratt on 9/5/2013. (JD)
September 4, 2013 Filing 147 REPLY in Support of Motion re #144 MOTION for Leave to File Reply in Support of Their Objection to the July 18, 2013 Report and Recommendation , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit A - Defendants' Reply in Support of Objections to the July 18, 2013 Report and Recommendation Regarding Class Certification)(Caplan, Gary)
September 4, 2013 Filing 146 RESPONSE in Opposition re #144 MOTION for Leave to File Reply in Support of Their Objection to the July 18, 2013 Report and Recommendation, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Emhardt, Frederick) Removed duplicate wording on 9/5/2013 (JD).
August 28, 2013 Filing 145 Submission of Proposed Order , re #144 MOTION for Leave to File Reply in Support of Their Objection to the July 18, 2013 Report and Recommendation, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
August 27, 2013 Filing 144 MOTION for Leave to File Reply in Support of Their Objection to the July 18, 2013 Report and Recommendation, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
August 26, 2013 Filing 143 REPLY in Support of Motion re #21 MOTION to Dismiss , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit Exhibit A -Chart for Reply Brief, #2 Exhibit Exhibit B - Compendium of Unpublished Cases)(Caplan, Gary)
August 26, 2013 Filing 142 RESPONSE , re #133 Objection to Report and Recommendations, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Exhibit Exhibit-Affidavit of Robert D. Cheesebourough, #2 Exhibit Exhibit 2 - Affidavit of Peter M. Racher)(Emhardt, Frederick)
August 26, 2013 Opinion or Order Filing 141 ORDER granting #132 Motion For Leave To File Oversized - Defendants are granted leave to file their proposed oversized reply brief in support of Defendants' motion to dismiss. Signed by Judge Tanya Walton Pratt on 8/26/2013. (JD)
August 16, 2013 Opinion or Order Filing 140 ORDER granting #139 Motion for Leave to File a Response to Objections to the Report and Recommendation to Monday, August 26, 2013. Signed by Judge Tanya Walton Pratt on 8/16/2013. (JD)
August 15, 2013 Filing 139 MOTION for Leave to File Response to #133 Objections re #131 Report and Recommendation, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Emhardt, Frederick) Added document links on 8/16/2013 (JD).
August 15, 2013 Filing 138 NOTICE of Appearance by George M. Plews on behalf of Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Plews, George)
August 15, 2013 Filing 137 NOTICE of Appearance by Frederick D. Emhardt on behalf of Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Emhardt, Frederick)
August 15, 2013 Filing 136 NOTICE of Appearance by Peter M. Racher on behalf of Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Racher, Peter)
August 8, 2013 Opinion or Order Filing 135 ORDER - The Court notes the Order Adopting Report and Recommendations was issued in error. Accordingly, Dkt. #134 is hereby VACATED. Signed by Judge Tanya Walton Pratt on 8/8/2013.(JD)
August 8, 2013 Opinion or Order Filing 134 *VACATED PER DKT. #135 * ORDER ADOPTING #131 REPORT AND RECOMMENDATIONS re #5 Motion to Certify Class. Signed by Judge Tanya Walton Pratt on 8/8/2013.(JD) Modified on 8/8/2013 (JD).
August 1, 2013 Filing 133 OBJECTION to #131 Report and Recommendations, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary) Removed duplicate docket text on 8/2/2013 (JD).
July 29, 2013 Filing 132 MOTION for Leave to File Excess Pages [Defendants' Motion For Leave To File Oversized Brief], filed by Defendant SHERMAN CAPITAL LLC. (Attachments: #1 Exhibit A- Defendants' Reply In Support Of Motion To Dismiss, #2 Exhibit B-Proposed Order)(Caplan, Gary)
July 18, 2013 Filing 131 REPORT AND RECOMMENDATION re #5 MOTION to Certify Class filed by STEPHANIE SNYDER, LUCINDA COX and ANDREW COX. Signed by Magistrate Judge Mark J. Dinsmore on 7/18/2013.(SWM)
July 15, 2013 Filing 130 RESPONSE in Opposition re #21 MOTION to Dismiss , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: # (1) Exhibit F-Navarro Affidavit, # (2) Exhibit G-LVNV Indiana SOS Filing, # (3) Exhibit H-LVNV Rhode Island SOS Filing, # (4) Exhibit LVNV Massachusetts SOC Filing, # (5) Exhibit J-Amended Massachusetts SOC Filing, # (6) Exhibit K-LVNV Utah SOS Filing, # (7) Exhibit L-LVNV Illinois SOS Filing, # (8) Exhibit M-LVNV Nevada SOS Filing, # (9) Exhibit N-LVNV Amended Florida SOS Filing, # (10) Exhibit O-LVNV Florida SOS Filing, # (11) Exhibit P-LVNV Puerto Rico DOS Filing, # (12) Exhibit Q-LVNV Moody's Rating Action, # (13) Exhibit R-LVNV Moody's Announcement, # (14) Exhibit S Maryland Order to Cease and Desist, # UNSEALED PER ORDER #325 130-15 THRU 13-20(15)**** Exhibit Benjamin Navarro Deposition, # (16) Exhibit Kennett Kendall, Deposition, # (17) Exhibit Leslie Gutierrez Deposition, # (18) Exhibit Scott Silver Deposition, # (19) Exhibit Robert A Roderick Depositions, # (20) Exhibit Kevin Branigan Deposition, # (21) Affidavit Andrew Cox, # (22) Affidavit Lucinda Cox, # (23) Affidavit Stephanie Snyder, # (24) Exhibit Plaintiffs' Index of Exhibits in Response to Motion to Dismiss)(Cheesebourough, Robert) Modified on 9/11/2014 (MGG). Modified on 10/10/2014 (CKM).
July 12, 2013 Filing 129 MARGINAL ENTRY denying as moot Defts' #123 Motion to Maintain Deposition Transcripts Under Seal. See DKt. No. 127. Signed by Magistrate Judge Mark J. Dinsmore on 7/12/2013. (SWM)
July 12, 2013 Filing 128 MARGINAL ENTRY denying as moot Defts' #122 Motion to Unseal Pltf's response to Defts' Motion to Dismiss. See Dkt. No. 127. Signed by Magistrate Judge Mark J. Dinsmore on 7/12/2013. (SWM)
July 11, 2013 Opinion or Order Filing 127 ORDER - This matter is before the Court on Defendants' Motion for Extension of Time to respond to Plaintiffs' response in opposition to the Motion to Dismiss (Dkt. #120 ). The motion will be granted because before Defendants can respond, Plaintiffs must correct numerous filing errors. Because of the numerous filing errors in violation of Federal Rule of Civil Procedure 5(d)(1), Local Rule 5-7, Federal Rule of Civil Procedure 5.2, and Local Rule 7-1, the Clerk of Court is directed to STRIKE Docket numbers 95 through 118. The Clerk of Court shall SEAL Exhibits 2, 3, and 6 of Dkt. 97. Plaintiffs are given leave until Monday July 15 to correctly re-file the Response within the allotted page limit under Local Rule 7-1(e). Defendants' Motion for Extension of time (Dkt. 120) is granted. Defendants shall have 14 days after Plaintiffs have filed their corrected response to file their reply. Counsel is reminded to abide by the Local Rules for the Southern District of Indiana and the Administrative Policies and Procedures Manual for electronic filing. *SEE ORDER*. Signed by Judge Tanya Walton Pratt on 7/11/2013. (JD)
July 10, 2013 Filing 126 RESPONSE in Opposition re #120 MOTION for Extension of Time to July 29, 2013 to file reply to #21 MOTION to Dismiss , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert)
July 10, 2013 Filing 125 Submission of Proposed Order , re #123 MOTION to Seal Document #100 SEALED Document, #102 SEALED Document, #104 SEALED Document, #99 SEALED Document, #103 SEALED Document , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
July 10, 2013 Filing 124 Submission of Proposed Order , re #122 MOTION to Unseal Document #98 Response in Opposition to Motion filed by STEPHANIE SNYDER, LUCINDA COX, ANDREW COX , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
July 10, 2013 Filing 123 MOTION to Seal Document #100 SEALED Document, #102 SEALED Document, #104 SEALED Document, #99 SEALED Document, #103 SEALED Document , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
July 10, 2013 Filing 122 MOTION to Unseal Document #98 Response in Opposition to Motion filed by STEPHANIE SNYDER, LUCINDA COX, ANDREW COX , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
July 8, 2013 Filing 121 Submission of Proposed Order , re #120 MOTION for Extension of Time to July 29, 2013 to file reply to #21 MOTION to Dismiss , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
July 8, 2013 Filing 120 MOTION for Extension of Time to July 29, 2013 to file reply to #21 MOTION to Dismiss , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
July 4, 2013 Filing 118 *STRICKEN PER DKT. #127 * EXHIBIT Z Chase Master Trust re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 117 *STRICKEN PER DKT. #127 * EXHIBIT S Maryland Ceasse & Desist re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 116 *STRICKEN PER DKT. #127 * EXHIBIT R LVNV Moody's Announcment re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 115 *STRICKEN PER DKT. #127 * EXHIBIT P Pureto Rico DOS filing re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 114 *STRICKEN PER DKT. #127 * EXHIBIT O Amended Florida SOS filing re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 113 *STRICKEN PER DKT. #127 * EXHIBIT N Florida SOS filing re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 112 *STRICKEN PER DKT. #127 * EXHIBIT M Nevada SOS filing re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 111 *STRICKEN PER DKT. #127 * EXHIBIT L Illinois SOS filing re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 110 *STRICKEN PER DKT. #127 * EXHIBIT K Utah SOS filing re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 109 *STRICKEN PER DKT. #127 * EXHIBIT J Amended Massachusetts SOC filing re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 108 *STRICKEN PER DKT. #127 * EXHIBIT I Massachusetts SOC filing re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 107 *STRICKEN PER DKT. #127 * EXHIBIT H Rhode Island SOS filing re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 106 *STRICKEN PER DKT. #127 * EXHIBIT G Indiana SOS filing re #98 Response in Opposition to #21 Motion to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 105 *STRICKEN PER DKT. #127 * EXHIBIT F Navarro Affidavit re #98 Response in Opposition to #21 MOTION to Dismiss by All Plaintiffs. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 104 *STRICKEN PER DKT. #127 * SEALED Deposition of Scott Silver, re #98 Response in Opposition to #21 MOTION to Dismiss, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 103 *STRICKEN PER DKT. #127 * SEALED Deposition of Robert Roderick, re #98 Response in Opposition to #21 MOTION to Dismiss, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 102 *STRICKEN PER DKT. #127 * SEALED Deposition of Kennett Kendall, re #98 Response in Opposition to #21 MOTION to Dismiss, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 101 *STRICKEN PER DKT. #127 * *PLEASE DISREGARD - DUPLICATE FILING, SEE DKT. #100 * SEALED Deposition of Leslie Gutierrez, re #98 Response in Opposition to Motion, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert) Modified docket text on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 100 *STRICKEN PER DKT. #127 * SEALED Deposition of Leslie Gutierrez, re #98 Response in Opposition to #21 MOTION to Dismiss, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert) Modified docket text on 7/5/2013 (JD). Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 4, 2013 Filing 99 *STRICKEN PER DKT. #127 * SEALED Deposition of Benjamin Navarro, re #98 Response in Opposition to #21 MOTION to Dismiss, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert) Added document link on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 3, 2013 Opinion or Order Filing 119 ORDER granting IN PART Defts' #92 Motion for Leave to File Under Seal (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 7/3/2013. (SWM)
July 3, 2013 Filing 98 *STRICKEN PER DKT. #127 * RESPONSE in Opposition re #21 MOTION to Dismiss , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert) Modified on 7/11/2013 (JD).
July 3, 2013 Filing 97 *STRICKEN PER DKT. #127 * AFFIDAVIT Andrew H. Cox re #98 RESPONSE in Opposition re #21 MOTION to Dismiss, filed, filed by All Plaintiffs. (Attachments: #1 Exhibit A-Correspondence, #2 Exhibit B-Correspondence, #3 Exhibit C-Correspondence, #4 Exhibit D-Correspondence, #5 Exhibit E-Correspondence, #6 Exhibit F-Correspondence, #7 Exhibit G-Correspondence)(Cheesebourough, Robert) Added document links on 7/5/2013 (JD). *Sealed Exhibits 2, 3 and 6 per Dkt. #127 * on 7/11/2013 (JD). Modified on 7/11/2013 (JD).
July 3, 2013 Filing 96 *STRICKEN PER DKT. #127 * AFFIDAVIT Stephanie Snyder re #98 RESPONSE in Opposition re #21 MOTION to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document links on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 3, 2013 Filing 95 *STRICKEN PER DKT. #127 * AFFIDAVIT Lucinda K. Cox re #98 RESPONSE in Opposition re #21 MOTION to Dismiss, filed by All Plaintiffs. (Cheesebourough, Robert) Added document links on 7/5/2013 (JD). Modified on 7/11/2013 (JD).
July 2, 2013 Filing 94 Submission of Proposed Order , re #92 Unopposed MOTION for Leave to File Agreed Motion for Leave to File Under Seal, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
July 2, 2013 Filing 93 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 7/1/2013. This matter came before the Court for a status conference at the request of the Plaintiffs. The parties were represented by counsel. Plaintiffs orally moved for a two day enlargement of time to respond to Defendants' motion to dismiss, which motion was not opposed by the Defendants. Accordingly, Plaintiffs' motion is GRANTED and the time for Plaintiffs to respond to Defendants' motion to dismiss is hereby enlarged to and including July 3, 2013. Signed by Magistrate Judge Mark J. Dinsmore.(SWM)
July 1, 2013 Filing 92 Unopposed MOTION for Leave to File Agreed Motion for Leave to File Under Seal, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
June 18, 2013 Opinion or Order Filing 91 ORDER granting Defts' #89 Motion for Reconsideration (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 6/18/2013. (SWM)
June 18, 2013 Opinion or Order Filing 90 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 6/13/2013. The parties report that the deposition of six individual Defendants have been scheduled to take place June 19 to June 21. Plaintiff is directed to immediately notify the Court of any deviations from the parties' agreement, so the Court can issue appropriate orders to ensure that the depositions in question take place as directed and agreed. Signed by Magistrate Judge Mark J. Dinsmore.(NLR)
June 17, 2013 Filing 89 MOTION for Reconsideration re #88 Order on Motion to Compel , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
June 13, 2013 Opinion or Order Filing 88 ORDER granting Pltfs' #77 Motion to Compel (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 6/13/2013. (SWM)
June 11, 2013 Opinion or Order Filing 86 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 6/11/2013. The parties reported on the status of scheduling depositions. Status Conference set for 6/13/2013 at 05:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. *** See order for additional information*** Signed by Magistrate Judge Mark J. Dinsmore.(NLR)
June 10, 2013 Filing 85 REPLY in Support of Motion re #77 MOTION to Compel , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert)
June 7, 2013 Filing 84 SEALED Exhibit A to Defendants' Opposition to Plaintiffs' Motion to Compel, re #83 Response in Opposition to Motion, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit A to Plaintiff's Mtion to Compel - Deposition Transcripts of Kendall, Roderick, Silver and Branigan)(Caplan, Gary)
June 7, 2013 Filing 83 RESPONSE in Opposition re #77 MOTION to Compel , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit A - to be filed under seal, #2 Exhibit B - Defendants' Compendium of Unpublished Opinions Cited in its Opposition to Plaintiffs' Motion to Compel)(Caplan, Gary)
June 4, 2013 Opinion or Order Filing 81 ORDER REFERRING MOTION - United States Magistrate Mark J. Dinsmore is to issue a report and recommendation on the Motion to Certify Class filed by Plaintiffs at Docket No. #5 . Signed by Judge Tanya Walton Pratt on 6/4/2013.(JD)
June 4, 2013 Opinion or Order Filing 80 ORDER denying #63 motion to deem admissions admitted. Signed by Magistrate Judge Mark J. Dinsmore on 6/4/2013. (CBU)
May 31, 2013 Opinion or Order Filing 79 SCHEDULING ORDER: The time for Plaintiffs to respond to the Defendants' motion to dismiss is enlarged to and including July 1, 2013. No further enlargements of that deadline are anticipated. Defendants shall file any response to Plaintiffs' Motion to Compel Deposition Answers from Defendants Kinnett Kendall, Robert Roderick, Kevin Branigan, Scott Silver, Leslie Gutierrez and Benjamin Navarro on or before June 7, 2013. Plaintiffs shall file any reply in support of such motion on or before June 10, 2013. Status Conference set for 6/11/2013 08:40 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the status conference by calling the designated telephone number to be provided by the Court via e- mail generated by the Court's ECF system (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 5/31/2013.(SWM)
May 31, 2013 Filing 78 BRIEF/MEMORANDUM in Support re #77 MOTION to Compel, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: # (1) Exhibit F - Affidavit of Navarro, # (2) Exhibit G - Document, # (3) Exhibit H - Rhode Island SOS, # (4) Exhibit I - Annual Report 1/18/2012, # (5) Exhibit J - Annual Report 1/7/2013, # (6) Exhibit K - LVNV document, # (7) Exhibit L - LVNV document, # (8) Exhibit M - LVNV document, # (9) Exhibit N - LVNV docucment Florida, # (10) Exhibit O - 2012 LVNV document, # (11) Exhibit P - Puerto Rico document, # *** UNSEALED PER ORDER #325 (78-12 THRU 78-15)*** (12) Kevin Branigan depo, # (13) Scott Silver depo, # (14) Kennett Kendall depo, # (15) Robert Roderick depo)(JKS) Modified on 9/15/2014 (MGG). Modified on 10/10/2014 (CKM).
May 31, 2013 Filing 77 MOTION to Compel Deposition Answers From Defendants, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(JKS)
May 30, 2013 Opinion or Order Filing 76 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/28/2013. During the conference, counsel for Plaintiffs committed to filing the anticipated motion to compel arising from the May 15- 17, 2013 depositions by no later than May 29, 2013, which time has already passed. If Plaintiff has not filed such motion to compel by 11:00 a.m. EDST on May 31, 2013, then Plaintiff's response to the Defendants' Motion to Dismiss shall remain due on May 31, 2013 as previously ordered [Dkt. 65 at 1] and no enlargement of that deadline will be granted. further Signed by Magistrate Judge Mark J. Dinsmore.(SWM)
May 20, 2013 Filing 74 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/17/2013 regarding a dispute that arose during a deposition relating to personal jurisdiction over the individual Defendants. The status conference scheduled for May 28, 2013 at 3:40 p.m. remains on calendar as scheduled. Signed by Magistrate Judge Mark J. Dinsmore. (TMA)
May 17, 2013 Opinion or Order Filing 73 STIPULATED PROTECTIVE ORDER #72 APPROVED AS AMENDED. Signed by Magistrate Judge Mark J. Dinsmore on 5/17/2013.(SWM)
May 16, 2013 Filing 72 Unopposed MOTION for Protective Order - AGREED MOTION REQUESTING APPROVAL AND ENTRY OF PARTIES' STIPULATED PROTECTIVE ORDER, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit A - STIPULATED PROTECTIVE ORDER)(Caplan, Gary)
May 15, 2013 Filing 71 AFFIDAVIT in Support of #70 Response in Opposition to Motion re #5 MOTION to Certify Class, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit A-Bill of Sale, #2 Exhibit B-Transfer and Assignment, #3 Exhibit C-List of accounts contained in portfolio of debts aquired from Sherman Orginator, #4 Exhibit D-Bill of Sale, Assignment and Assumption Agreement, #5 Exhibit E-Declaration of Account Transfer, #6 Exhibit F-List of accounts aquired from Sherman Orginator including Stephanie Snyder's Debt)(Caplan, Gary) Removed duplicate wording and added document link on 5/16/2013 (JD).
May 15, 2013 Filing 70 RESPONSE in Opposition re #5 MOTION to Certify Class, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary) Removed duplicate wording on 5/16/2013 (JD).
May 15, 2013 Filing 69 AFFIDAVIT in Support of #68 Response in Opposition to Motion re #63 MOTION To Deem Admissions Admitted, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary) Removed duplicate wording and added document link on 5/16/2013 (JD).
May 15, 2013 Filing 68 RESPONSE in Opposition re #63 MOTION To Deem Admissions Admitted, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary) Removed duplicate wording on 5/16/2013 (JD).
May 13, 2013 Filing 67 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephoic Status Conference held on 5/9/2013. The parties discussed the scheduling of depositions of the individual defendants. The parties are to email chambers at MJDinsmore@insd.uscourts.gov when the dates for the depositions have been arranged. Status Conference set for 5/28/2013 03:40 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore.(SWM)
May 6, 2013 Filing 65 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/3/2013. The parties discussed the scheduling of depositions of the individual defendants and the effect on responding to the motion to dismiss. Accordingly, the Court will enlarge the time for Plaintiff to respond to Defendant' Motion to Dismiss to May 31, 2013. A discussion was further held regarding the response date for the motion to certify the class, which is presently due May 15, 2013. The parties were reminded that this deadline would not be enlarged unless an amended motion to certify the class was filed. Status Conference set for 5/9/2013 03:40 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to confirm the dates for the depositions of the individual defendants. The Court will VACATE this conference call, if prior to May 9, 2013 the parties confirm the depositions will proceed as noticed on May 15th -17th. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore.(SWM)
May 1, 2013 Filing 63 MOTION To Deem Admissions Admitted, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Exhibit A Plaintiffs First Request for Admissions on LVNV Funding)(Cheesebourough, Robert)
May 1, 2013 Filing 62 NOTICE of Taking Deposition by All Plaintiffs (Cheesebourough, Robert)
May 1, 2013 Filing 61 NOTICE of Taking Deposition by All Plaintiffs (Cheesebourough, Robert)
May 1, 2013 Filing 60 NOTICE of Taking Deposition by All Plaintiffs (Cheesebourough, Robert)
May 1, 2013 Filing 59 NOTICE of Taking Deposition by All Plaintiffs (Cheesebourough, Robert)
May 1, 2013 Filing 58 NOTICE of Taking Deposition by All Plaintiffs (Cheesebourough, Robert)
May 1, 2013 Filing 57 NOTICE of Taking Deposition by All Plaintiffs (Cheesebourough, Robert)
May 1, 2013 Filing 56 NOTICE of Taking Deposition by All Plaintiffs (Cheesebourough, Robert)
April 30, 2013 Opinion or Order Filing 55 ORDER granting Plaintiffs' #40 Motion to Compel; denying as moot Defendants' #52 Motion for Leave to File Reply Brief. Plaintiffs' Motion to Compel is hereby GRANTED for the limited purpose of conducting discovery as to the issue of personal jurisdiction only. Plaintiffs' reply brief in support of the motion to compel is STRICKEN as untimely and Defendants' Motion for Leave to File a Surreply is therefore DENIED as moot. Signed by Magistrate Judge Mark J. Dinsmore on 4/30/2013. (SWM)
April 30, 2013 Opinion or Order Filing 54 SCHEDULING ORDER: Status Conference set for 5/3/2013 09:50 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the phone number to be provided by the court in an email. Signed by Magistrate Judge Mark J. Dinsmore on 4/30/2013.(SWM)
April 25, 2013 Opinion or Order Filing 53 SCHEDULING ENTRY: The Court sua sponte enlarges the deadline for Plaintiffs to respond to Defendants' Motion to Dismiss to May 15, 2013. All other requirements of the Court's order dated 3/7/2013 [Dkt. 37] remain in full force and effect. Signed by Magistrate Judge Mark J. Dinsmore on 4/25/2013.(SWM)
April 10, 2013 Filing 52 MOTION for Leave to File a Sur Reply, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit Exhibit A- Defendants Sur Reply in Opposition to Plaintiffs' Motion to Compel)(Caplan, Gary)
April 5, 2013 Filing 51 *** STRICKEN PER ORDER DATED 4/30/2013 *** REPLY in Support re #40 MOTION to Compel, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Exhibit F Navarro Affidavit, #2 Exhibit G LVNV Indiana SOS Filing, #3 Exhibit LVNH Rhode Island SOS Filing, #4 Exhibit I LVNV Massachussets, #5 Exhibit J LVNV Amended Massachussets filing, #6 Exhibit K LVNV Utah SOS filing, #7 Exhibit L LVNV Illinois SOS filing, #8 Exhibit M LVNV Nevada SOS filing, #9 Exhibit LVNV Amended Florida SOS Filing, #10 Exhibit O LVNV Florida SOS Filing, #11 Exhibit P LVNV Puerto Rico DOS Filing, #12 Exhibit Q Moody's Rating Action, #13 Exhibit R Moody's Announcement)(Cheesebourough, Robert) Modified event type and added document link on 4/8/2013 (JD). Modified on 4/30/2013 (SWM).
March 28, 2013 Opinion or Order Filing 50 SCHEDULING ORDER: The Hearing scheduled for March 28, 2013 at 12:30 p.m. is hereby VACATED. Signed by Magistrate Judge Mark J. Dinsmore on 3/28/2013.(SWM)
March 27, 2013 Filing 49 Witness List Defendant's Preliminary Witness And Exhibit List, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
March 22, 2013 Filing 48 RESPONSE in Opposition re #40 MOTION to Compel , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Exhibit Compendium of Unpublished Cases)(Caplan, Gary)
March 15, 2013 Filing 47 Witness List , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER, Exhibit List , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert)
March 12, 2013 Filing 46 NOTICE to Take Deposition of Benjamin W. Navarro, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER.(Cheesebourough, Robert)
March 12, 2013 Filing 45 NOTICE to Take Deposition of Kennett Kendall, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER.(Cheesebourough, Robert)
March 12, 2013 Filing 44 NOTICE to Take Deposition of Kevin P. Branigan, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER.(Cheesebourough, Robert)
March 12, 2013 Filing 43 NOTICE to Take Deposition of Robert Roderick, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER.(Cheesebourough, Robert)
March 12, 2013 Filing 42 NOTICE to Take Deposition of Scott E. Silver, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER.(Cheesebourough, Robert)
March 12, 2013 Filing 41 NOTICE to Take Deposition of Leslie Gutierrez, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER.(Cheesebourough, Robert)
March 12, 2013 Filing 40 MOTION to Compel , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert)
March 11, 2013 Filing 39 CERTIFICATE OF SERVICE by All Plaintiffs re #2 Summons Issued, #1 Complaint (Attachments: #1 Exhibit, #2 Exhibit)(Cheesebourough, Robert)
March 11, 2013 Filing 38 NOTICE of Service of Initial Disclosures , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Cheesebourough, Robert)
March 7, 2013 Filing 37 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/5/2013. The parties discussed the pending motion to dismiss and the Court enlarged the deadline for Plaintiff to respond to April 15, 2013. The parties further discussed the status of discovery and a pending discovery dispute regarding the scheduling of some depositions that Plaintiff would like to take. Plaintiff will file any Motion to Compel these depositions on or before March 12, 2013. This matter is set for a telephonic hearing on Plaintiff's Motion on Thursday, March 28, 2103 at 12:30 p.m. before Magistrate Judge Mark J. Dinsmore. Counsel shall participate by calling 317-229-3962. The Court has reserved one line for each firm on the conference bridge. If you intend to have more than one attorney from your firm attend the conference, the attorneys must conference together (using one phone line). See Entry for briefing schedule re Motion to Compel. Signed by Magistrate Judge Mark J. Dinsmore.(SWM)
February 28, 2013 Filing 36 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Motion Hearing held on 2/27/2013 re Pltfs' #29 First Motion for Extension of Time to file response to #21 Motion to Dismiss. Pltf's motion is granted to and including 3/25/2013 (see Entry for additional information). Signed by Magistrate Judge Mark J. Dinsmore.(SWM)
February 19, 2013 Filing 33 ENTRY - The telephonic hearing scheduled for Wednesday, February 27, 2013 at 2:30 p.m., before Magistrate Judge Mark J. Dinsmore remains on calendar despite Defendants' Notice of Non-Opposition. Signed by Magistrate Judge Mark J. Dinsmore on 2/19/2013.(JD)
February 15, 2013 Filing 32 RESPONSE to Motion re #29 First MOTION for Extension of Time to March 27, 2013 to file response to #21 MOTION to Dismiss, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary) Modified event type on 2/19/2013 (JD).
February 11, 2013 Opinion or Order Filing 31 SCHEDULING ORDER: This cause comes before the court on Plaintiffs' Motion for Extension of Time [Dkt. 29]. Defendants' brief in response to said motion shall be filed by no later than February 19, 2013. Plaintiffs' brief in reply to said motion shall be filed by no later than February 22, 2013. If Defendants do not intend to oppose the motion, they should file with the court a notice of non-opposition. This matter is set for a telephonic hearing on the above-noted motion, Wednesday, February 27, 2013 at 2:30 p.m., before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the hearing by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 2/11/2013.(SWM)
February 11, 2013 Opinion or Order Filing 30 ORDER: Matthew D. Boruta, is ordered to register with the Court'sElectronic Filing System within seven (7) days of entry of this Order c/m. Signed by Magistrate Judge Mark J. Dinsmore on 2/11/2013.(SWM)
February 10, 2013 Filing 29 First MOTION for Extension of Time to March 27, 2013 to file response to #21 MOTION to Dismiss , filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (Attachments: #1 Text of Proposed Order)(Cheesebourough, Robert)
February 6, 2013 Filing 28 Mail Returned as undeliverable. #24 Order on Motion to Appear pro hac vice sent to Atttorney Matthew D. Boruta (SWM)
January 30, 2013 Opinion or Order Filing 27 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Signed by Magistrate Judge Mark J. Dinsmore on 1/30/2013.(SWM)
January 29, 2013 Opinion or Order Filing 26 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 1/28/2013. The Court will approve portions of Case Management Plan, by separate order, with the changes to which the parties have agreed. The parties further discussed issues relating to the pending motions. Status Conference set for 3/5/2013 03:20 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to address case management deadlines. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore.(SWM)
January 25, 2013 Filing 25 Defendants' CASE MANAGEMENT PLAN TENDERED, filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER . (Riley, James)
January 24, 2013 Opinion or Order Filing 24 ORDER granting #23 Motion to Appear pro hac vice. Attorney Michael L. DeMarino for ALL DEFENDANTS added. If not already registered with the Court's Electronic Filing System, Michael L. De Marino is ordered to register within seven days of entry of this Order c/m. Signed by Magistrate Judge Mark J. Dinsmore on 1/24/2013. (SWM)
January 23, 2013 Filing 23 MOTION for Attorney(s) Michael L. DeMarino to Appear pro hac vice. Filing fee $ 30, receipt number 0756-2563318., filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Riley, James)
January 22, 2013 Filing 22 BRIEF/MEMORANDUM in Support re #21 MOTION to Dismiss , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
January 22, 2013 Filing 21 MOTION to Dismiss , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Caplan, Gary)
December 19, 2012 Filing 20 Mail Returned as undeliverable. #10 Order on Motion for Extension of Time sent to MATTHEW D. BORUTA. (JD)
December 19, 2012 Filing 19 Mail Returned as undeliverable. #11 Scheduling Order sent to MATTHEW D. BORUTA. (JD)
December 18, 2012 Filing 18 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/17/2012. (See Entry for details and deadlines.) Signed by Magistrate Judge Mark J. Dinsmore. (TMA)
December 14, 2012 Opinion or Order Filing 17 ORDER granting #14 Motion to Appear pro hac vice. Attorney David A. Maas for KEVIN P. BRANIGAN, LESLIE, G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, A. SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC and SCOTT E. SILVER added. If not already registered with the Court's Electronic Filing System, David A. Maas, is ordered to register within seven days of entry of this order c/m. Signed by Magistrate Judge Mark J. Dinsmore on 12/14/2012. (SWM)
December 14, 2012 Opinion or Order Filing 16 ORDER granting #13 Motion to Appear pro hac vice. Attorney Gary S. Caplan for KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC and SCOTT E. SILVER added. If not already registered with the Court's Electronic Filing System, Gary S.Caplan is ordered to register within seven days of entry of this order. c/m. Signed by Magistrate Judge Mark J. Dinsmore on 12/14/2012. (SWM)
December 13, 2012 Filing 14 MOTION for Attorney(s) David A. Maas to Appear pro hac vice. Filing fee $ 30, receipt number 0756-2529451., filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Riley, James)
December 13, 2012 Filing 13 MOTION for Attorney(s) Gary S. Caplan to Appear pro hac vice. Filing fee $ 30, receipt number 0756-2529438., filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, JOHN DOES 1-50, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Riley, James)
December 11, 2012 Filing 12 Corporate Disclosure Statement by LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., RESURGENT CAPITAL SERVICES LP, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC identifying Corporate Parent SHERMAN CAPITAL LLC for SHERMAN FINANCIAL GROUP LLC; Other Affiliate ALEGIS GROUP LLC for RESURGENT CAPITAL SERVICES LP; Corporate Parent SHERMAN FINANCIAL GROUP LLC for SHERMAN ACQUISITION LLC, SHERMAN ORIGINATOR LLC; Corporate Parent SHERMAN ORIGINATOR LLC for LVNV FUNDING LLC; Corporate Parent SHERMAN CAPITAL GROUP INC. for SHERMAN CAPITAL MARKETS LLC.. (Riley, James)
December 11, 2012 Opinion or Order Filing 11 SCHEDULING ORDER: Initial Pretrial Conference set for 1/28/2013 03:20 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. Status Conference set for 12/17/2012 04:40 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the phone number to be provided by the court in an email (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 12/11/2012.(SWM)
December 11, 2012 Opinion or Order Filing 10 ORDER granting Defts' #8 Motion for Extension of Time to File response to complaint to 1/22/2013. Signed by Magistrate Judge Mark J. Dinsmore on 12/11/2012 c/m (SWM) Modified on 12/11/2012 (SWM).
December 10, 2012 Filing 9 NOTICE to File Corporate Disclosure Statement to LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., RESURGENT CAPITAL SERVICES LP, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC. (LAB) (JD)
December 7, 2012 Filing 8 Unopposed MOTION for Extension of Time to January 21, 2013 , filed by Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Attachments: #1 Text of Proposed Order)(Riley, James)
December 7, 2012 Filing 7 NOTICE of Appearance by James W. Riley, Jr on behalf of Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (Riley, James)
November 13, 2012 Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM)
November 9, 2012 Filing 5 MOTION to Certify Class, filed by Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (AAM) Modified on 9/30/2013 (adminlive, ).
November 9, 2012 Filing 4 NOTICE of Appearance by Matthew D. Boruta on behalf of Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (AAM)
November 9, 2012 Filing 3 NOTICE of Appearance by Robert D. Cheesebourough on behalf of Plaintiffs ANDREW COX, LUCINDA COX, STEPHANIE SNYDER. (AAM)
November 9, 2012 Filing 2 Summons Issued as to Defendants KEVIN P. BRANIGAN, LESLIE G. GUTIERREZ, KENNETT KENDALL, LVNV FUNDING LLC, MEETING STREET PARTNERS II INC., BENJAMIN W. NAVARRO, RESURGENT CAPITAL SERVICES LP, ROBERT A. RODERICK, SHERMAN ACQUISITION LLC, SHERMAN CAPITAL LLC, SHERMAN CAPITAL MARKETS LLC, SHERMAN FINANCIAL GROUP LLC, SHERMAN ORIGINATOR III LLC, SHERMAN ORIGINATOR LLC, SCOTT E. SILVER. (AAM)
November 9, 2012 Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit A: Debt collection letter dated 11/9/2011, #2 Exhibit B: Hamilton Superior Court Notice of Claim, #3 Exhibit C: Hamilton Superior Court Verfied Motion for Proceeding Supplemental, #4 Exhibit D: Moody's Investor Service Inc. website report on LVNV Funding, LLC, #5 Exhibit E: Presentation for Radians's Investor Day, November 9, 2006, #6 Civil Cover Sheet, #7 Receipt #IP032782 in the amount of $350.00)(AAM)

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Defendant: LVNV FUNDING LLC
Represented By: Gary S. Caplan
Represented By: Timothy R. Carwinski
Represented By: Stephanie Snell Chaudhary
Represented By: Michael L. DeMarino
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: MOULTRIE STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: SHERMAN CAPITAL LLC
Represented By: Gary S. Caplan
Represented By: Timothy R. Carwinski
Represented By: Stephanie Snell Chaudhary
Represented By: Michael L. DeMarino
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: BENJAMIN W. NAVARRO
Represented By: Gary S. Caplan
Represented By: Michael L. DeMarino
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: GREENHILL STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: JOHN DOES 1-50
Represented By: Gary S. Caplan
Represented By: Timothy R. Carwinski
Represented By: Michael L. DeMarino
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: CONCORD STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: WOOLFE STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: SHERMAN FINANCIAL GROUP LLC
Represented By: Gary S. Caplan
Represented By: Timothy R. Carwinski
Represented By: Stephanie Snell Chaudhary
Represented By: Michael L. DeMarino
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: FULTON STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: SHERMAN ORIGINATOR III LLC
Represented By: Gary S. Caplan
Represented By: Michael L. DeMarino
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: SHERMAN ORIGINATOR LLC
Represented By: Gary S. Caplan
Represented By: Timothy R. Carwinski
Represented By: Stephanie Snell Chaudhary
Represented By: Michael L. DeMarino
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: HAGOOD STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: HUGER STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: MEETING STREET PARTNERS II INC.
Represented By: Gary S. Caplan
Represented By: Michael L. DeMarino
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: PRINCESS STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: ARCHDALE STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: PEACHTREE STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: SCOTT E. SILVER
Represented By: Gary S. Caplan
Represented By: Michael L. DeMarino
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: KENNETT KENDALL
Represented By: Gary S. Caplan
Represented By: Michael L. DeMarino
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: RESURGENT CAPITAL SERVICES, LP
Represented By: Gary S. Caplan
Represented By: Timothy R. Carwinski
Represented By: Stephanie Snell Chaudhary
Represented By: Michael L. DeMarino
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: JASPER STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: KEVIN P. BRANIGAN
Represented By: Gary S. Caplan
Represented By: Michael L. DeMarino
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: UNKNOWN S CORPORATION
Represented By: Timothy R. Carwinski
Represented By: Nicholas G. Whitfield
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Defendant: ROBERT A. RODERICK
Represented By: Gary S. Caplan
Represented By: Michael L. DeMarino
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: SHERMAN ACQUISITION LLC
Represented By: Gary S. Caplan
Represented By: Michael L. DeMarino
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: CHARLOTTE STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: CHALMERS STREET LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Defendant: LESLIE G. GUTIERREZ
Represented By: Gary S. Caplan
Represented By: Michael L. DeMarino
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: SHERMAN CAPITAL MARKETS LLC
Represented By: Gary S. Caplan
Represented By: Michael L. DeMarino
Represented By: James W. Riley, Jr.
Represented By: David A. Maas
Represented By: Thomas L. Allen
Represented By: James A. Rolfes
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Defendant: JACOBS ALLEY LLC
Represented By: James A. Rolfes
Represented By: Timothy R. Carwinski
Represented By: David A. Maas
Represented By: Nicholas G. Whitfield
Represented By: James W. Riley, Jr.
Represented By: Michael L. DeMarino
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Plaintiff: ANDREW COX
Represented By: Peter M. Racher
Represented By: Robert D. Cheesebourough
Represented By: Jeffrey A. Townsend
Represented By: Matthew D. Boruta
Represented By: George M. Plews
Represented By: F. Ronalds Walker
Represented By: Amy E. Romig
Represented By: Frederick D. Emhardt
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Plaintiff: ROBERT GOODALL
Represented By: F. Ronalds Walker
Represented By: Amy E. Romig
Represented By: Frederick D. Emhardt
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Plaintiff: STEPHANIE SNYDER
Represented By: Peter M. Racher
Represented By: Robert D. Cheesebourough
Represented By: Jeffrey A. Townsend
Represented By: Matthew D. Boruta
Represented By: George M. Plews
Represented By: F. Ronalds Walker
Represented By: Amy E. Romig
Represented By: Frederick D. Emhardt
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Plaintiff: LUCINDA COX
Represented By: Peter M. Racher
Represented By: Robert D. Cheesebourough
Represented By: Jeffrey A. Townsend
Represented By: Matthew D. Boruta
Represented By: George M. Plews
Represented By: F. Ronalds Walker
Represented By: Amy E. Romig
Represented By: Frederick D. Emhardt
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Intervenor: CHRISTOPHER GODSON
Represented By: Brian Lewis Bromberg
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Intervenor: Jovana Moukengeschaie
Represented By: Brian Lewis Bromberg
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