HORTON v. LEASINGDESK SCREENING et al
| EDWARD C. HORTON |
| LEASINGDESK SCREENING, BETTERNOI, MONON LOFT APARTMENTS and MONON LOFTS APARTMENTS |
| 1:2020cv02397 |
| September 16, 2020 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| None |
Docket Report
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| Filing 41 RESPONSE in Opposition re #38 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff EDWARD C. HORTON. (NAD) |
| Filing 40 RESPONSE to #35 Notice of Appearance of Kathryn Merritt-Thrasher, filed by Plaintiff EDWARD C. HORTON. (NAD) |
| Filing 39 BRIEF/MEMORANDUM in Support re #38 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant MONON LOFTS APARTMENTS. (Merritt-Thrasher, Kathryn) |
| Filing 38 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant MONON LOFTS APARTMENTS. (Attachments: #1 Text of Proposed Order)(Merritt-Thrasher, Kathryn) |
Filing 37
ORDER ON #36 MOTION TO WITHDRAW APPEARANCE - Carl Hayes, counsel for Defendant, Monon Lofts, L.P., having filed his #36 Motion to Withdraw Appearance, and the Court having reviewed the same and being duly advised, and finding that such motion should be GRANTED, it is hereby ORDERED that the appearance of Carl Hayes as counsel for Defendant, Monon Lofts, L.P., is withdrawn effective November 6, 2020. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 11/9/2020. (NAD)
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| Filing 36 MOTION to Withdraw Attorney Appearance of Carl Hayes, filed by Defendant MONON LOFTS APARTMENTS. (Attachments: #1 Text of Proposed Order)(Hayes, Carl) |
| Filing 35 NOTICE of Appearance by Kathryn M. Merritt-Thrasher on behalf of Defendant MONON LOFTS APARTMENTS. (Merritt-Thrasher, Kathryn) |
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Filing 34
ORDER - GRANTING THE PARTIES' UNOPPOSED MOTIONS TO DISMISS CERTAIN DEFENDANTS AND ENTRY ON PENDING MATTERS. For the reasons stated above, the Court GRANTS the parties' unopposed Motions to Dismiss without prejudice, Dkt #13 , Dkt #23 , Dkt. #29 , Dkt. #30 , and Defendants Leasingdesk Screening and BetterNOI are terminated from this action. No final judgment will issue at this time. Mr. Horton's Motion for Permanent Injunction Dkt. #4 , Motion for Change of Venue,Dkt. #11 , Motion for Preliminary Injunctionand Order to Remove,Dkt. #31 , and Motion for Discovery and Production of Documents,Dkt. #32 , are DENIED. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/28/2020. (NAD)
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| Filing 33 AMENDED COMPLAINT against BETTERNOI, LEASINGDESK SCREENING, MONON LOFTS APARTMENTS, filed by EDWARD C. HORTON. (Attachments: #1 Exhibit B, #2 Exhibit B1, #3 Exhibit B2, #4 Exhibit B3, #5 Exhibit B4, #6 Exhibit B5, #7 Exhibit B6, #8 Exhibit B7, #9 Exhibit B8)(NAD) |
| Filing 32 MOTION for Discovery and Production of Documents, filed by Plaintiff EDWARD C. HORTON. (NAD) |
| Filing 31 MOTION for Preliminary Injunction and Order to Remove, filed by Plaintiff EDWARD C. HORTON. (NAD) |
| Filing 30 MOTION to Dismiss BETTERNOI, filed by Plaintiff EDWARD C. HORTON. (NAD) |
| Filing 29 MOTION to Dismiss LEASINGDESK SCREENING, filed by Plaintiff EDWARD C. HORTON. (NAD) |
| Filing 28 NOTICE of Appearance by Stephanie A. Strickler on behalf of Defendant BETTERNOI. (Strickler, Stephanie) |
| Filing 27 SUBMISSION of Proposed Order re #13 MOTION to Dismiss for Lack of Jurisdiction by BETTERNOI. (Messer, Joseph) Modified on 10/19/2020 - edited docket text to match document (NAD). |
| Filing 26 Corporate Disclosure Statement by BETTERNOI. (Messer, Joseph) |
| Filing 25 SUBMISSION of Proposed Order re #23 MOTION to Dismiss Plaintiff's First Amended Complaint , filed by Defendant LEASINGDESK SCREENING. (Shan, Susan) Modified on 10/15/2020 - edited docket text to match document (NAD). |
| Filing 24 BRIEF/MEMORANDUM in Support re #23 MOTION to Dismiss Plaintiff's First Amended Complaint , filed by Defendant LEASINGDESK SCREENING. (Shan, Susan) |
| Filing 23 MOTION to Dismiss Plaintiff's First Amended Complaint, filed by Defendant LEASINGDESK SCREENING. (Shan, Susan) |
| Filing 22 Corporate Disclosure Statement by LEASINGDESK SCREENING. (Shan, Susan) |
| Filing 21 NOTICE of Appearance by Susan Ruihua Shan on behalf of Defendant LEASINGDESK SCREENING. (Shan, Susan) |
| Filing 20 NOTICE of Appearance by Laura K. Rang on behalf of Defendant LEASINGDESK SCREENING. (Rang, Laura) |
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Filing 19
ORDER GRANTING INITIAL EXTENSION OF TIME - The Court, having reviewed the Motion for Initial Extension of Time filed by Defendant, Monon Lofts, L.P. ("Monon Lofts"), being duly advised in the premises, and finding that such Motion should be GRANTED, it is hereby ORDERED that the deadline for Monon Lofts to respond to the Plaintiff'scomplaint is extended by twenty-eight days, to and including November 9, 2020. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 10/14/2020. (NAD)
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| Filing 18 NOTICE of Filing Certificate of Service by BETTERNOI (Messer, Joseph) |
| Filing 17 Submission of Proposed Order , re #16 First MOTION for Extension of Time to November 9, 2020 to Respond to Complaint, filed by Defendant MONON LOFTS APARTMENTS. (Hayes, Carl) |
| Filing 16 First MOTION for Extension of Time to November 9, 2020 to Respond to Complaint, filed by Defendant MONON LOFTS APARTMENTS. (Hayes, Carl) |
| Filing 15 NOTICE of Appearance by Carl A. Hayes on behalf of Defendant MONON LOFTS APARTMENTS. (Hayes, Carl) |
| Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant BETTERNOI. (Attachments: #1 Exhibit Declaration of Carter Huhta)(Messer, Joseph) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant BETTERNOI. (Messer, Joseph) |
| Filing 12 NOTICE of Appearance by Joseph Shaw Messer on behalf of Defendant BETTERNOI. (Messer, Joseph) |
| Filing 11 MOTION to Change Venue, filed by Plaintiff EDWARD C. HORTON. (Attachments: #1 Exhibit)(NAD) |
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Filing 10
ORDER - DENYING #9 MOTION TO THE COURT AND ENTRY SCREENING COMPLAINT AND ORDER TO SHOW CAUSE. For the reasons stated above, Plaintiff's Motion to the Court Reff: Jurisdiction, Case Argument, Supporting Evidence, (Dkt. #9 ), is DENIED. The Court has screened Mr. Horton's Amended Complaint and determined that it is subject to dismissal for lack of subject matter jurisdiction. Mr. Horton shall have up to and including Friday, October 23, 2020, by which to file a Second Amended Complaint if he chooses to do so. If a Second Amended Complaint is not filed by said date, this matter will be dismissed for lack of subject matter jurisdiction and this cause of action will be terminated. The Clerk shall mail a copy of the form Complaint in Non-Prisoner Case to Mr. Horton along with a copy of this Entry. (See Order.) Copies to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 9/29/2020. (NAD)
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| Filing 9 MOTION to the Court ("Reff: Jurisdiction, Case Arument, Supporting Evidence"), filed by Plaintiff EDWARD C. HORTON. (Attachments: #1 Exhibit)(NAD) |
| Filing 8 ENTRY ON GRANTING TO AMEND COMPLAINT AND NOTICE OF SCREENING - The Court determines that justice requires that Plaintiff be allowed to amend his Complaint. Accordingly, the Court GRANTS Plaintiff's Motion to Amend, Dkt. #6 , and the Amended Complaint at Dkt. #7 is now the operative Complaint in this action. Once the Amended Complaint has been screened the Court will determine whether it has jurisdiction to hear this case. If the Court has jurisdiction, service will be made on the Defendants and the pending Motion for Permanent Injunction (Dkt. #4 ) will be addressed. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 9/23/2020. (NAD) |
| Filing 7 AMENDED COMPLAINT against BETTERNOI, LEASINGDESK SCREENING, MONON LOFTS APARTMENTS, filed by EDWARD C. HORTON.(NAD) |
| Filing 6 MOTION to Amend/Correct #1 Complaint, filed by Plaintiff EDWARD C. HORTON. (NAD) |
| Filing 5 Amended Summons Issued as to BETTERNOI, LEASINGDESK SCREENING, MONON LOFTS APARTMENTS. (NAD) |
| Filing 4 MOTION for Permanent Injunction, filed by Plaintiff EDWARD C. HORTON. (NAD) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 Summons Issued as to BETTERNOI , MONON LOFTS APARTMENTS, and LEASINGDESK SCREENING. (REO) Modified on 9/17/2020 - edited names of whom summons was issued (NAD). |
| Filing 1 COMPLAINT against BETTERNOI, LEASINGDESK SCREENING, MONON LOFT APARTMENTS, filed by EDWARD C. HORTON. (Filing fee $400, receipt number IP070754) (REO) |
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