DICUS v. CAPITAL ONE SERVICES, LLC et al
| BRIAN K. DICUS |
| AMERICAN SIGNATURE, INC., BEST BUY.COM, LLC, VALUE CITY FURNITURE, FREEDOM BANK, INC., JPMorgan Chase Holdings, LLC, KOHL'S DEPARTMENT STORES, INC., STEPHANIE L. DICUS, CAPITAL ONE SERVICES, LLC, BANK OF AMERICA, NATIONAL ASSOCIATION and HOME DEPOT U.S.A., INC. |
| 3:2019cv00044 |
| February 28, 2019 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Richard L Young |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| None |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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Filing 78
DEFAULT JUDGMENT - Plaintiff shall have judgment against Defendant, Stephanie Dicus, as follows: Freedom Bank in the amount of $20,591.71, Oak Credit Corporation in the amount of $15,830.00, Hoosier Accounts in the amount of $1,363.00, nominal damages in the amount of $10,000.00 and attorney fees in the amount of $4,145.95, for a total judgment in the amount of $51,930.66, plus the costs of this action, plus post judgment interest at the rate of 18% per annum pursuant to 28. U.S.C. 1961. SEE ORDER. Copy sent to Defendant via US Mail. Signed by Judge Richard L. Young on 9/30/2021.(JRB)
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| Filing 77 Minute Entry for Motion Hearing held on 9/10/2021 re #70 MOTION for Default Judgment as to Stephanie Dicus filed by BRIAN K. DICUS before Judge Richard L. Young. Plaintiff appears telephonically and by his attorney Terry White. Defendant does not appear. The court, hearing testimony of the plaintiff and having reviewed evidence presented, now enters judgment for the Plaintiff, which shall issue by separate order. (Court Reporter Maggie Techert.) (TMD) |
| Filing 76 Mail Returned as undeliverable. #71 Scheduling Order sent to STEPHANIE L. DICUS, 6594 E. Highway 60, Garfield, KY 40140. (AAS) |
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Filing 75
ORDER granting #74 Motion to Withdraw - John G. Wetherill is WITHDRAWN as counsel of record for Defendant, Freedom Bank, Inc. Signed by Magistrate Judge Matthew P. Brookman on 8/23/2021. (AAS)
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| Filing 74 MOTION to Withdraw Attorney Appearance , filed by Defendant FREEDOM BANK, INC.. (Attachments: #1 Text of Proposed Order)(Wetherill, John) Modified text on 8/23/2021 (TMB). |
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Filing 71
SCHEDULING ORDER:The court SETS this matter for hearing on the Plaintiff's Motion #70 for Default Judgment for SEPTEMBER 10, 2021 at 10:30 a.m. Parties are ordered to appear by telephone before the Honorable Richard L. Young, Judge. The information needed to participate in this telephonic conference will be provided by a separate notification. Copy sent to Defendant via Certified Mail. Signed by Judge Richard L. Young on 8/17/2021.(JRB)
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| Filing 70 MOTION for Default Judgment as to Stephanie Dicus, filed by Plaintiff BRIAN K. DICUS. (Attachments: #1 Affidavit Affidavit for Default, #2 Text of Proposed Order Proposed Order)(White, Terry) |
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Filing 69
ORDER granting #65 Stipulation of Dismissal - Pursuant to the Stipulation of Dismissal with Prejudice filed by Plaintiff Brian K. Dicus and Defendant Freedom Bank, Inc., this cause of action is hereby dismissed with prejudice as to Defendant Freedom Bank, Inc. only, with each party to bear their own attorney fees and costs. Signed by Judge Richard L. Young on 2/16/2021. (AAS)
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Filing 68
ORDER granting #64 Stipulation of Dismissal - Pursuant to the Stipulation of Dismissal with Prejudice filed by Plaintiff, Brian K. Dicus, and Defendant, JPMorgan Chase Bank, N.A., incorrectly sued by Dicus as JPMorgan Chase Holdings, LLC, this cause of action is hereby dismissed with prejudice as to Defendant JPMorgan Chase Bank, N.A., only, with each party to bear their own attorney fees and costs. Signed by Judge Richard L. Young on 2/16/2021. (AAS)
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Filing 67
ORDER granting #66 Motion to Withdraw Attorney Appearance. Attorney Marjorie L. Daily withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 2/5/2021. (JRB)
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| Filing 66 MOTION to Withdraw Attorney Appearance of Marjorie L. Daily, filed by Plaintiff BRIAN K. DICUS. (Attachments: #1 Text of Proposed Order)(White, Terry) |
| Filing 65 STIPULATION of Dismissal , as to Defendant FREEDOM BANK, INC., filed by BRIAN K. DICUS. (Attachments: #1 Text of Proposed Order Proposed Order)(White, Terry) |
| Filing 64 STIPULATION of Dismissal , as to Defendant JPMORGAN CHASE HOLDINGS, LLC, filed by BRIAN K. DICUS. (Attachments: #1 Text of Proposed Order Proposed Order)(White, Terry) |
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Filing 63
ORDER TO SHOW CAUSE - Plaintiff in the above cause of action is hereby ORDERED TO SHOW CAUSE, on or before February 19, 2021, why this cause should not be dismissed for failure of the plaintiffs to prosecute their claims, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Matthew P. Brookman on 1/20/2021.(JRB)
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| Filing 62 Clerk's ENTRY OF DEFAULT as to STEPHANIE L. DICUS. Signed by Clerk, Laura A. Briggs. (JRB) |
| Filing 61 First MOTION for Clerk's Entry of Default of Stephanie L. Dicus, filed by Plaintiff BRIAN K. DICUS. (Attachments: #1 Affidavit Affidavit for Entry of Judgment, #2 Text of Proposed Order Entry of Default)(White, Terry) |
| Filing 60 RETURN of Service, filed by BRIAN K. DICUS. STEPHANIE L. DICUS served on 3/13/2019. (White, Terry) |
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Filing 59
ORDER OF DISMISSAL WITH PREJUDICE - Pursuant to the Stipulation of Dismissal with Prejudice filed by Plaintiff Brian K. Dicus and Capital One Services, LLC, this cause of action is hereby dismissed with prejudice as to Defendant Capital One Services, LLC, only, with each party to bear their own attorney fees and costs. Signed by Judge Richard L. Young on 11/7/2019. (JRB)
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| Filing 58 STIPULATION of Dismissal with Prejudice, as to Defendant CAPITAL ONE SERVICES, LLC, filed by BRIAN K. DICUS. (Attachments: #1 Text of Proposed Order Order of Dismissal with Prejudice)(Daily, Marjorie) |
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Filing 57
ORDER OF DISMISSAL WITH PREJUDICE - This cause of action is hereby dismissed with prejudice as to Defendants Home Depot U.S.A., Inc. and Best Buy.com, LLC only, with each party to bear their own attorney fees and costs. Signed by Judge Richard L. Young on 9/30/2019. (JRB)
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| Filing 56 STIPULATION of Dismissal of Citibank, N.A. with Prejudice, filed by Plaintiff BRIAN K. DICUS. (Attachments: #1 Text of Proposed Order Order of Dismissal with Prejudice)(Daily, Marjorie) |
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Filing 55
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 8/16/2019. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 53
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Initial Pretrial Conference held on 7/1/2019. Telephonic Status Conference set for 8/16/2019 at 10:00 AM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (LES)
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Filing 52
ORDER OF DISMISSAL WITH PREJUDICE - Pursuant to the Stipulation of Dismissal with Prejudice filed by Plaintiff and Defendant, Bank of America, N.A., this cause of action is hereby dismissed with prejudice as to Defendant, Bank of America, N.A. only, with each party to bear their own attorney fees and costs. Signed by Judge Richard L. Young on 6/26/2019. (JRB)
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| Filing 51 STIPULATION of Dismissal with Prejudice, filed by Defendant BANK OF AMERICA, NATIONAL ASSOCIATION. (Attachments: #1 Text of Proposed Order)(Bailen, Neal) |
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Filing 49
ORDER granting #42 Stipulation of Dismissal - IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED That this cause be dismissed with prejudice as to Defendant Kohl's, each party shall bear its own costs, including attorneys' fees. Signed by Judge Richard L. Young on 6/11/2019. (JRB)
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Filing 48
ORDER granting #44 Stipulation of Dismissal - IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED That this cause be dismissed without prejudice as to Defendant American Signature, Inc., each party shall bear its own costs, including attorneys' fees. Signed by Judge Richard L. Young on 6/11/2019. (JRB) Modified text on 6/12/2019 (TMB).
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Filing 47
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Initial Pretrial Conference held on 5/24/2019. Defendant Capital One Services, LLC shall file its responsive pleading to Plaintiff's Complaint on or before July 8, 2019. The Telephonic Initial Pretrial Conference is reset for 7/1/2019 at 01:30 PM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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| Filing 46 Corporate Disclosure Statement by JPMORGAN CHASE HOLDINGS, LLC. (LeClere, Kyle) |
| Filing 45 NOTICE of Appearance by Kyle W LeClere on behalf of Defendant JPMORGAN CHASE HOLDINGS, LLC. (LeClere, Kyle) |
| Filing 44 STIPULATION of Dismissal without Prejudice of Defendant American Signature, Inc. ONLY, filed by Plaintiff BRIAN K. DICUS. (Daily, Marjorie) |
| Filing 43 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff BRIAN K. DICUS Defendant CAPITAL ONE SERVICES, INC., Defendant AMERICAN SIGNATURE, INC., Defendant CITIBANK, N.A. and improperly named Defendants HOME DEPOT U.S.A., INC. and BEST BUY.COM, LLC. (Daily, Marjorie) |
| Filing 42 STIPULATION of Dismissal with Prejudice of Defendant Kohl's Department Stores, Inc. ONLY, filed by Plaintiff BRIAN K. DICUS. (White, Terry) |
| Filing 41 NOTICE of Appearance by Joel Griswold on behalf of Defendant KOHL'S DEPARTMENT STORES, INC.. (Griswold, Joel) |
| Filing 39 Corporate Disclosure Statement by KOHL'S DEPARTMENT STORES, INC. identifying Corporate Parent KOHL'S CORPORATION for KOHL'S DEPARTMENT STORES, INC... (DelGobbo, Bonnie) |
| Filing 38 NOTICE to File Corporate Disclosure Statement to KOHL'S DEPARTMENT STORES, INC.. (LAB) (JRB) |
| Filing 37 NOTICE of Appearance by Bonnie Keane DelGobbo on behalf of Defendant KOHL'S DEPARTMENT STORES, INC.. (DelGobbo, Bonnie) |
| Filing 36 NOTICE of Settlement, filed by Defendant BANK OF AMERICA, NATIONAL ASSOCIATION (Bailen, Neal) |
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Filing 35
ORDER granting #34 Motion for Extension of Time to File a Response to the Complaint to 5/31/19. Signed by Magistrate Judge Matthew P. Brookman on 5/8/2019. (JRB)
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| Filing 34 MOTION for Extension of Time to Respond to Plaintiff's Complaint (AGREED), filed by Defendant CAPITAL ONE SERVICES, LLC. (Attachments: #1 Text of Proposed Order)(Liu, Ke) |
| Filing 33 Corporate Disclosure Statement by CAPITAL ONE SERVICES, LLC identifying Corporate Parent CAPITAL ONE FINANCIAL CORPORATION for CAPITAL ONE SERVICES, LLC.. (Liu, Ke) |
| Filing 32 NOTICE of Appearance by Ke Liu on behalf of Defendant CAPITAL ONE SERVICES, LLC. (Liu, Ke) |
| Filing 31 NOTICE of Appearance by Matthew O. Stromquist on behalf of Defendant CAPITAL ONE SERVICES, LLC. (Stromquist, Matthew) |
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Filing 30
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 5/24/2019 at 10:00 AM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 5/2/2019.(JRB)
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Filing 29
ORDER granting #28 Motion for Extension of Time to File a Response to the Complaint to 5/24/19. Signed by Magistrate Judge Matthew P. Brookman on 4/25/2019. (JRB)
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| Filing 28 Unopposed MOTION for Extension of Time to May 24, 2019 to respond to Complaint, filed by Defendant AMERICAN SIGNATURE, INC.. (Attachments: #1 Text of Proposed Order)(Kundmueller, Mark) |
| Filing 27 First Amended ANSWER to #1 Complaint , filed by BEST BUY.COM, LLC, HOME DEPOT U.S.A., INC..(Blaske, Nathan) |
| Filing 26 Corporate Disclosure Statement by AMERICAN SIGNATURE, INC. identifying Corporate Parent SCHOTTENSTEIN STORES CORPORATION for AMERICAN SIGNATURE, INC... (Kundmueller, Mark) |
| Filing 25 NOTICE of Parties' First Extension of Time, filed by Defendant AMERICAN SIGNATURE, INC.. (Kundmueller, Mark) |
| Filing 24 NOTICE of Appearance by Mark D. Kundmueller on behalf of Defendant AMERICAN SIGNATURE, INC.. (Kundmueller, Mark) |
| Filing 23 NOTICE of Appearance by Ethan Geoffrey Ostroff on behalf of Defendant AMERICAN SIGNATURE, INC.. (Ostroff, Ethan) |
| Filing 22 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Nathan Hugh Blaske hereby notifies the Clerk of the court of changed contact information. Nathan H. Blaske (Blaske, Nathan) |
| Filing 21 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Nathan Hugh Blaske hereby notifies the Clerk of the court of changed contact information. Nathan H. Blaske (Blaske, Nathan) |
| Filing 20 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Nathan Hugh Blaske hereby notifies the Clerk of the court of changed contact information. Harry W. Cappel (Blaske, Nathan) |
| Filing 19 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Nathan Hugh Blaske hereby notifies the Clerk of the court of changed contact information. for Harry W. Cappel (Blaske, Nathan) |
| Filing 18 DEFENDANTS' ANSWER to #1 Complaint , filed by BEST BUY.COM, LLC, HOME DEPOT U.S.A., INC..(Blaske, Nathan) |
| Filing 17 ***PLEASE DISERGARD. CORRECTED AT #18 *** Defendants' ANSWER to #1 Complaint , filed by BEST BUY.COM, LLC, HOME DEPOT U.S.A., INC..(Blaske, Nathan) Modified on 4/1/2019 (JRB). |
| Filing 16 NOTICE of Appearance by Harry William Cappel on behalf of Defendants BEST BUY.COM, LLC, HOME DEPOT U.S.A., INC.. (Cappel, Harry) |
| Filing 15 Corporate Disclosure Statement by HOME DEPOT U.S.A., INC. identifying Corporate Parent The Home Depot, Inc. for HOME DEPOT U.S.A., INC... (Blaske, Nathan) |
| Filing 14 Corporate Disclosure Statement by BEST BUY.COM, LLC, HOME DEPOT U.S.A., INC.. (Blaske, Nathan) |
| Filing 13 NOTICE of Appearance by Nathan Hugh Blaske on behalf of Defendants BEST BUY.COM, LLC, HOME DEPOT U.S.A., INC.. (Blaske, Nathan) |
| Filing 12 Corporate Disclosure Statement by FREEDOM BANK, INC. identifying Corporate Parent Freedom Bancorp for FREEDOM BANK, INC... (Wetherill, John) |
| Filing 11 NOTICE of Parties' First Extension of Time, filed by Defendant BANK OF AMERICA, NATIONAL ASSOCIATION. (Bailen, Neal) |
| Filing 10 Corporate Disclosure Statement by BANK OF AMERICA, NATIONAL ASSOCIATION identifying Corporate Parent BANK OF AMERICA CORPORATION, Corporate Parent BAC NORTH AMERICA HOLDING COMPANY, Corporate Parent BANA HOLDING CORPORATION, Corporate Parent NB HOLDINGS CORPORATION for BANK OF AMERICA, NATIONAL ASSOCIATION.. (Bailen, Neal) |
| Filing 9 NOTICE of Appearance by Neal F. Bailen on behalf of Defendant BANK OF AMERICA, NATIONAL ASSOCIATION. (Bailen, Neal) |
| Filing 8 NOTICE to File Corporate Disclosure Statement to FREEDOM BANK, INC.. (LAB) (JRB) |
| Filing 7 Defendant Freedom Bank's ANSWER to #1 Complaint , filed by FREEDOM BANK, INC..(Wetherill, John) |
| Filing 6 NOTICE of Appearance by John G Wetherill on behalf of Defendant FREEDOM BANK, INC.. (Wetherill, John) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 4 Summons Issued as to AMERICAN SIGNATURE, INC., BANK OF AMERICA, NATIONAL ASSOCIATION, BEST BUY.COM, LLC, CAPITAL ONE SERVICES, LLC, STEPHANIE L. DICUS, FREEDOM BANK, INC., HOME DEPOT U.S.A., INC., JPMORGAN CHASE HOLDINGS, LLC, KOHL'S DEPARTMENT STORES, INC. (JRB) |
| Filing 3 NOTICE of Appearance by Marjorie L. Daily on behalf of Plaintiff BRIAN K. DICUS. (Daily, Marjorie) |
| Filing 2 NOTICE of Appearance by Terry A. White on behalf of Plaintiff BRIAN K. DICUS. (White, Terry) |
| Filing 1 COMPLAINT against All Defendants, filed by BRIAN K. DICUS. (Filing fee $400, receipt number 0756-5311127) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(White, Terry) |
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