MUSTAFA v. COMENTIY BANK/LANE BRYANT et al
| SAFIYYAH MUSTAFA |
| UNIFUND CCR, LLC, COMENTIY BANK/LANE BRYANT and LTD FINANCIAL SERVICES LIMITED PARTNERSHIP |
| 1:2020cv01939 |
| July 23, 2020 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Civil Rights: Other |
| 15 U.S.C. § 1692 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 5, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 40 RETURN of USM Service UNIFUND CCR, LLC served on 2/2/2021. (JDC) |
| Filing 39 CLOSED DISMISSED. ACKNOWLEDGED STIPULATION OF DISMISSAL WITH PREJUDICE (MARGINAL ENTRY)(Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 3/5/2021.(JDC) |
| Filing 38 STIPULATION of Dismissal with Prejudice, as to Defendant LTD FINANCIAL SERVICES LIMITED PARTNERSHIP, Plaintiff SAFIYYAH MUSTAFA, filed by UNIFUND CCR, LLC, COMENTIY BANK/LANE BRYANT. (Morrissey, James) |
Filing 37
ORDER - This matter is before the Court on the motion of Defendant Unifund CCR, LLC's motion seeking an enlargement of time to respond to Plaintiff's Complaint. [Dkt. #36 .] The motion represents that the parties "have resolved all of Plaintiff's claims against all of the Defendants." [Id. 2.] Accordingly, 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 sixty (60) days of the date of this entry, the parties 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 (consistent with the agreement of the parties). Copy to Plaintiff via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 2/25/2021.(SWM)
|
| Filing 36 MOTION for Extension of Time to March 23, 2021 to Respond to Plaintiff's Complaint, filed by Defendant UNIFUND CCR, LLC. (Attachments: #1 Text of Proposed Order)(Morrissey, James) |
| Filing 35 NOTICE of Appearance by James J. Morrissey on behalf of Defendant UNIFUND CCR, LLC. (Morrissey, James) |
| Filing 34 NOTICE of Appearance by Anna-Katrina S. Christakis on behalf of Defendant UNIFUND CCR, LLC. (Christakis, Anna-Katrina) |
| Filing 33 Corporate Disclosure Statement by LTD FINANCIAL SERVICES LIMITED PARTNERSHIP. (Saldanha Olson, Katherine) |
| Filing 32 ANSWER to #1 Complaint , filed by LTD FINANCIAL SERVICES LIMITED PARTNERSHIP.(Saldanha Olson, Katherine) |
| Filing 31 NOTICE of Appearance by Katherine M. Saldanha Olson on behalf of Defendant LTD FINANCIAL SERVICES LIMITED PARTNERSHIP. (Saldanha Olson, Katherine) |
| Filing 30 NOTICE of Appearance by Nicole Marie Strickler on behalf of Defendant LTD FINANCIAL SERVICES LIMITED PARTNERSHIP. (Strickler, Nicole) |
|
Filing 29
ORDER #27 - This matter comes before the Court on Defendant Comenity Bank's Motion to Stay Plaintiff's Motion for Summary Judgment. The Court being fully advised, and for good cause shown, finds that the Motion should be granted. IT IS THEREFORE ORDERED that briefing on Plaintiff's Motion for Summary Judgment is stayed and, if necessary, a briefing schedule will be reset following the Court's ruling on Comenity Bank's pending Motion to Dismiss. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 1/8/2021. (JDC)
|
| Filing 28 Submission of Proposed Order , re #27 MOTION to Stay Plaintiff's Motion for Summary Judgment, filed by Defendant COMENTIY BANK/LANE BRYANT. (Morrissey, James) |
| Filing 27 MOTION to Stay Plaintiff's Motion for Summary Judgment, filed by Defendant COMENTIY BANK/LANE BRYANT. (Morrissey, James) |
| Filing 26 Documents for service by USM - re #24 Entry, #25 Summons Issued, #1 Complaint. Electronic notice to USM-C.(JDC) |
| Filing 25 Summons Issued as to LTD FINANCIAL SERVICES LIMITED PARTNERSHIP, UNIFUND CCR, LLC. (Attachments: #1 285 form)(JDC) |
|
Filing 24
Entry Directing Service by U.S. Marshal - Plaintiff is proceeding in forma pauperis in this action pursuant to 28 U.S.C. 1915. At this time, the Court has not determined that the action must be dismissed pursuant to 1915(e) and therefore shall proceed. This ruling is without prejudice to the filing of a proper Rule 12 motion. Because Plaintiff is proceeding in forma pauperis, Federal Rule of Civil Procedure 4(c)(3) requires the Court to order service for Plaintiff. The Clerk previously requested all Defendants to waive service. Defendant Comenity Bank/Lane Bryant did so, but Defendants Unifund CCR, LLC; and LTD Financial Services Limited Partnership have not returned a waiver of service of summons. Therefore, it is ordered that the Court on its own motion extends the time for service through and including thirty (30) days from this date. It is further ordered that service be made by the U.S. Marshal or deputy marshal to defendants Comenity Bank/Lane Bryant; Unifund CCR, LLC; and LTD Financial Services Limited Partnership in the manner specified by Federal Rule of Civil Procedure 4(h). Process shall consist of the Complaint filed on July 23, 2020 (ECF No. 1), Summons, and this Entry. (Copy to Plaintiff via U.S. mail). Signed by Judge James R. Sweeney II on 12/14/2020.(JDC)
|
| Filing 23 REPLY in Support of Motion re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant COMENTIY BANK/LANE BRYANT. (Morrissey, James) |
| Filing 22 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff SAFIYYAH MUSTAFA. (JDC) |
| Filing 21 MOTION for Summary Judgment, filed by Plaintiff SAFIYYAH MUSTAFA. (JDC) |
| Filing 20 BRIEF/MEMORANDUM in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant COMENTIY BANK/LANE BRYANT. (Morrissey, James) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant COMENTIY BANK/LANE BRYANT. (Morrissey, James) |
|
Filing 18
ORDER - This matter is before the Court on several motions, each of which is addressed, in turn, below. First, Plaintiff has filed a motion to amend her complaint [Dkt. #11 ]. That motion is DENIED. Plaintiff has not actually submitted an amended complaint that she wishes to file, but rather has submitted evidence that she wishes to use in support of her claim. There is no need to submit evidence along with a complaint, however. A complaint simply sets out Plaintiff's allegations; those allegations do not need to be supported by evidence at this time. Next, Defendants have moved for an extension of their deadline to respond to Plaintiff's complaint [Dkt. #16 ]. That motion is GRANTED IN PART; Defendants shall respond to Plaintiff's complaint on or before November 13, 2020. Finally, Defendants have requested a settlement conference [Dkt. #15 ]. That motion is DENIED. The undersigned does not typically conduct settlement conferences with unrepresented parties. Counsel for Defendants are encouraged to engage in settlement discussions directly with Plaintiff, and may also schedule a private mediation if they obtain Plaintiff's agreement to do so. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 11/3/2020. (SWM)
|
| Filing 17 RESPONSE in Opposition re #16 MOTION for Extension of Time to Respond to Plaintiff's Complaint, filed by Plaintiff SAFIYYAH MUSTAFA. (JDC) |
| Filing 16 MOTION for Extension of Time to Respond to Plaintiff's Complaint, filed by Defendant COMENTIY BANK/LANE BRYANT. (Attachments: #1 Text of Proposed Order)(Morrissey, James) |
| Filing 15 MOTION for a Settlement Conference, filed by Defendant COMENTIY BANK/LANE BRYANT. (Morrissey, James) |
| Filing 14 Corporate Disclosure Statement by COMENTIY BANK/LANE BRYANT identifying Corporate Parent COMENITY LLC for COMENTIY BANK/LANE BRYANT.. (Morrissey, James) |
| Filing 13 NOTICE of Appearance by James J. Morrissey on behalf of Defendant COMENTIY BANK/LANE BRYANT. (Morrissey, James) |
| Filing 12 NOTICE of Appearance by Anna-Katrina S. Christakis on behalf of Defendant COMENTIY BANK/LANE BRYANT. (Christakis, Anna-Katrina) |
| Filing 11 MOTION to Amend #1 Complaint, filed by Plaintiff SAFIYYAH MUSTAFA. (Attachments: #1 Exhibit Medical Records)(NAD) Modified on 10/27/2020 - restricted 11-1(NAD). |
| Filing 10 WAIVER OF SERVICE Returned Executed waiver sent on 9/3/2020, executed on 9/18/2020 (Attachments: #1 Envelope)(JDC) |
| Filing 9 NOTICE of Lawsuit & Waiver Issued by Clerk TO: 1) Comenity Bank/Lane Bryant; 2) Unifund CCR, LLC; and 3) LTD Financial Services Limited Partnership (RAGS) (JDC) |
|
Filing 8
Entry on Service of Process - Plaintiff is proceeding in forma pauperis in this action pursuant to 28 U.S.C. 1915. At this time, the Court has not determined that the action must be dismissed pursuant to 1915(e) and therefore shall proceed. This ruling is without prejudice to the filing of a proper Rule 12 motion. Because Plaintiff is proceeding in forma pauperis, Federal Rule of Civil Procedure 4(c)(3) requires the Court to order service for Plaintiff. The Clerk is designated under Federal Rule of Civil Procedure 4 (c)(3) to issue process to defendants Comenity Bank/Lane Bryant; Unifund CCR, LLC; and LTD Financial Services Limited Part-nership in the manner specified by Rule 4(d). Process shall consist of the complaint filed on July 23, 2020 (ECF No. 1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), which are attached, and this Entry. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 9/3/2020.(JDC)
|
| Filing 7 Proposed Summons submitted for issuance by the clerk as to COMENTIY BANK/LANE BRYANT, LTD FINANCIAL SERVICES LIMITED PARTNERSHIP, UNIFUND CCR, LLC. (JD) |
| Filing 6 Proposed Summons (Blank) submitted for issuance by the clerk. (JD) |
|
Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. While in forma pauperis status allows the plaintiff to proceed without pre-payment of the filing fee, the plaintiff remains liable for the full fee. The filing fee for in forma pauperis litigants is $350. Immediate payment is not required, but the $350 balance remains owing. Because Plaintiff is proceeding in forma pauperis, Federal Rule of Civil Procedure 4(c)(3) requires the Court to order service for Plaintiff. However, the complaint does not set forth addresses at which service upon defendants should be made. Plaintiff is responsible for providing such addresses. Accordingly, within 14 days of the date of this Entry, Plaintiff shall file a Notice of Addresses for Service of Process that provides such addresses for each defendant. (Copy to Plaintiff via U.S mail)v Signed by Judge James R. Sweeney II on 7/31/2020. (JDC)
|
| Filing 4 CONSENT to Jurisdiction to US Magistrate Judge by SAFIYYAH MUSTAFA. (JDC) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, SAFIYYAH MUSTAFA. (DJH) |
| Filing 1 COMPLAINT against COMENTIY BANK/LANE BRYANT, LTD FINANCIAL SERVICES LIMITED PARTNERSHIP, and UNIFUND CCR, LLC, filed by SAFIYYAH MUSTAFA. (No fee paid with this filing) (Attachments: #1 Exhibit A statement of balance, complaint, Invoice, #2 Exhibit B letters, Affidavit of Truth, Invoice, #3 Exhibit C Consumer Financial Protection Bureau case, #4 Exhibit D statement of balance, #5 Exhibit E letter, #6 Exhibit F letter, #7 Exhibit G certified mail receipts, #8 Exhibit H certified mail receipts, #9 Civil Cover Sheet)(DJH) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
