MCCUNE v. CHOICE CAPITAL FUND ET AL
Plaintiff: Kristy McCune
Defendant: Choice Capital Fund doing business as www.TheLoanSmith.com doing business as TheLoanSmith, Upfront Processing doing business as www.TheLoanSmith.com, Michael Derry, John Does 1-20, CHOICE CAPITAL FUND d/b/a WWW.THELOANSMITH.COM and THELOANSMITH and UPFRONT PROCESSING d/b/a WWW.THELOANSMITH.COM
Case Number: 1:2023cv01784
Filed: October 3, 2023
Court: US District Court for the Southern District of Indiana
Presiding Judge: Mario Garcia
Referring Judge: James R Sweeney
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. ยง 1964 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2023 Opinion or Order Filing 14 ORDER granting #12 UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT - All defendants shall tender their answer or otherwise respond to the Complaint on or before December 27, 2023. Signed by Magistrate Judge Mario Garcia on 11/6/2023. (AAS)
November 2, 2023 Filing 13 Rule 7.1 Disclosure Statement by CHOICE CAPITAL FUND d/b/a WWW.THELOANSMITH.COM and THELOANSMITH, UPFRONT PROCESSING d/b/a WWW.THELOANSMITH.COM. (Daugherty, Patrick)
November 2, 2023 Filing 12 Unopposed MOTION for Extension of Time to December 26, 2023 in which to #1 Complaint Response, filed by Defendants CHOICE CAPITAL FUND d/b/a WWW.THELOANSMITH.COM and THELOANSMITH, UPFRONT PROCESSING d/b/a WWW.THELOANSMITH.COM. (Attachments: #1 Text of Proposed Order)(Daugherty, Patrick)
October 31, 2023 Opinion or Order Filing 11 ORDER granting #10 Motion to Appear pro hac vice. Attorney Patrick O. Daugherty for CHOICE CAPITAL FUND d/b/a WWW.THELOANSMITH.COM and THELOANSMITH, MICHAEL DERRY, and UPFRONT PROCESSING d/b/a WWW.THELOANSMITH.COM added. Signed by Magistrate Judge Mario Garcia on 10/31/2023. (SWM)
October 27, 2023 Filing 10 MOTION for Attorney(s) Patrick O. Daugherty to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7873939), filed by Defendants CHOICE CAPITAL FUND d/b/a WWW.THELOANSMITH.COM and THELOANSMITH, MICHAEL DERRY, UPFRONT PROCESSING d/b/a WWW.THELOANSMITH.COM. (Daugherty, Patrick)
October 25, 2023 Filing 9 WAIVER OF SERVICE Returned Executed, filed by KRISTY MCCUNE. MICHAEL DERRY waiver sent on 10/24/2023. (Goldstein, Matthew)
October 4, 2023 Filing 8 PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (CW)
October 4, 2023 Filing 7 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CW)
October 4, 2023 Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CW)
October 4, 2023 Filing 5 Summons Issued as to CHOICE CAPITAL FUND d/b/a WWW.THELOANSMITH.COM and THELOANSMITH, MICHAEL DERRY, UPFRONT PROCESSING d/b/a WWW.THELOANSMITH.COM. (CW)
October 3, 2023 Filing 4 NOTICE of Appearance by Matthew J. Goldstein on behalf of Plaintiff Kristy McCune. (Goldstein, Matthew)
October 3, 2023 Filing 3 NOTICE of Appearance by Heather A. Kolbus on behalf of Plaintiff Kristy McCune. (Kolbus, Heather)
October 3, 2023 Filing 2 NOTICE of Appearance by Daniel A. Edelman on behalf of Plaintiff Kristy McCune. (Edelman, Daniel)
October 3, 2023 Filing 1 COMPLAINT - Class Action against Choice Capital Fund, Michael Derry, John Does 1-20, Upfront Processing, filed by Kristy McCune. (Filing fee $402, receipt number AINSDC-7839143) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Proposed Summons)(Edelman, Daniel)

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Search for this case: MCCUNE v. CHOICE CAPITAL FUND ET AL
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Plaintiff: Kristy McCune
Represented By: Heather A. Kolbus
Represented By: Matthew J. Goldstein
Represented By: Daniel A. Edelman
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Defendant: Choice Capital Fund doing business as www.TheLoanSmith.com doing business as TheLoanSmith
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Defendant: Upfront Processing doing business as www.TheLoanSmith.com
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Defendant: Michael Derry
Represented By: Patrick O. Daugherty
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Defendant: John Does 1-20
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Defendant: CHOICE CAPITAL FUND d/b/a WWW.THELOANSMITH.COM and THELOANSMITH
Represented By: Patrick O. Daugherty
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Defendant: UPFRONT PROCESSING d/b/a WWW.THELOANSMITH.COM
Represented By: Patrick O. Daugherty
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