Smith v. BCDJ, Inc. et al
| Holly Noel Smith |
| Meritrust Credit Union, BCDJ, Inc., Fifth Third Bank and BCDJ, Inc. doing business as Briggs Auto |
| 2:2019cv02081 |
| February 12, 2019 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| John W Broomes |
| Carlos Murguia |
| Consumer Credit |
| Plaintiff |
Docket Report
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| ***Civil Case Terminated per JWB chambers pursuant to #35 Stipulation of Dismissal.(heo) |
| Filing 35 STIPULATION OF DISMISSAL of Defendants BCDJ, Inc. and Meritrust Credit Union by Holly Noel Smith. (Stecklein, Alan) |
Filing 34
ORDER. This case remains stayed pending arbitration (see #24 Order staying case). Upon review of the #33 Status Report, the Court orders the parties to submit another Status Report after the 8/17/2020 arbitration hearing, no later than 8/31/2020. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 7/2/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc)
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| Filing 33 STATUS REPORT by BCDJ, Inc., Meritrust Credit Union. (Attachments: #1 JAMS Order No. 5)(Brigg, John) |
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Filing 32
ORDER. This case remains stayed pending arbitration (see #24 Order staying case). Upon review of the #31 Status Report, the Court orders the parties to submit another Status Report after the 6/22/2020 arbitration hearing, no later than 7/1/2020. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 4/13/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc)
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| Filing 31 JOINT STATUS REPORT (Joint) by Holly Noel Smith. (Robertson, Matthew) |
| Filing 30 MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge John W. Broomes for all further proceedings. District Judge Carlos Murguia no longer assigned to case. Signed by deputy clerk on 2/21/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kao) |
| Filing 29 STIPULATION OF DISMISSAL of Defendant Fifth Third Bank Only by Holly Noel Smith. (Stecklein, Alan) |
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Filing 28
ORDER. This case remains stayed pending arbitration (see #24 Order staying case). Upon review of the #26 Status Report, the Court orders the parties to submit another Status Report after the 3/31/20 arbitration hearing, no later than 4/10/2020. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 11/12/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc)
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| Filing 27 EXHIBIT(S) IN SUPPORT of #26 Status Report by Defendant BCDJ, Inc. . (Brigg, John) |
| Filing 26 STATUS REPORT by BCDJ, Inc.. (Brigg, John) |
| Filing 25 WITHDRAWAL OF COUNSEL by J. Michael Lehman and ENTRY OF APPEARANCE OF SUBSTITUTED COUNSEL by John M. Brigg on behalf of Meritrust Credit Union (Brigg, John) |
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Filing 24
MEMORANDUM AND ORDER granting in part and denying in part #18 Motion to Compel Arbitration; denying #18 Motion to Dismiss; granting #18 Motion to Stay Case. IT IS FURTHER ORDERED that this case is stayed pending arbitration. Defendant BCDJ, Inc., d/b/a Briggs Auto, is ordered to file a status report by November 7, 2019, advising whether this matter has been resolved or whether arbitration is still pending. Signed by District Judge Carlos Murguia on 5/7/2019. (ydm)
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| Filing 23 RESPONSE by Plaintiff Holly Noel Smith re #18 MOTION to Compel Arbitration MOTION to Dismiss MOTION to Stay Case (Robertson, Matthew) |
| Filing 22 ENTRY OF APPEARANCE by W. James Foland on behalf of BCDJ, Inc. (Foland, W.) |
| Filing 21 ANSWER to Complaint Defendant Fifth Third Bank's Answer and Affirmative Defenses by Fifth Third Bank.(Mangian, David) |
| Filing 20 ANSWER to Complaint by Meritrust Credit Union.(Lehman, J.) |
| Filing 19 MEMORANDUM IN SUPPORT of #18 MOTION to Compel Arbitration MOTION to Dismiss MOTION to Stay Case by Defendant BCDJ, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brigg, John) |
| Filing 18 MOTION to Compel Arbitration , MOTION to Dismiss ( Response deadline 5/10/2019), MOTION to Stay Case ( Response deadline 5/3/2019) by Defendant BCDJ, Inc. (Brigg, John) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #18 MOTION to Compel Arbitration MOTION to Dismiss MOTION to Stay Case . The motion will be resolved by the District Judge.(adc) |
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Filing 17
ORDER granting #16 Defendants' Joint Unopposed Motion for Extension of Time to Answer. Defendants BCDJ, Inc., Fifth Third Bank, and Meritrust CreditUnion are granted an extension of time until and including April 19, 2019, in which to file their responses to the Complaint. Signed by Magistrate Judge Gwynne E. Birzer on 3/22/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm)
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| Filing 16 MOTION for Extension of Time to File Answer re #1 Complaint (attorney) by Defendant Meritrust Credit Union (referred to Magistrate Judge Gwynne E. Birzer) (Lehman, J.) |
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Filing 15
ORDER granting #11 Defendant Fifth Third Bank's Unopposed Motion for Extension of Time to Answer. The Court hereby grants Fifth Third Bank an extension of time, up to and including April 5, 2019, to file a response to the Complaint. Signed by Magistrate Judge Gwynne E. Birzer on 3/6/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm)
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| Filing 14 CLERKS ORDER EXTENDING TIME until 03/21/2019 for Defendant BCDJ, Inc. to answer or otherwise plead. Signed by deputy clerk on 03/07/2019. (ca) |
| Filing 13 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.*** MOTION for Extension of Time to File Answer re #1 Complaint (attorney) by Defendant BCDJ, Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Iles, Terry) Modified on 3/7/2019 (tvn). |
| Filing 12 ENTRY OF APPEARANCE by Terry A. Iles on behalf of BCDJ, Inc. (Iles, Terry) |
| Filing 11 Unopposed MOTION for Extension of Time to File Answer up to and including April 5, 2019 by Defendant Fifth Third Bank (referred to Magistrate Judge Gwynne E. Birzer) (Mangian, David) |
| Filing 10 ENTRY OF APPEARANCE by David M. Mangian on behalf of Fifth Third Bank (Mangian, David) |
| Filing 9 CLERKS ORDER EXTENDING TIME until 03/20/2019 for Defendant Meritrust Credit Union to answer or otherwise plead. Signed by deputy clerk on 03/06/2019. (ca) |
| Filing 8 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.*** MOTION for Extension of Time to File Answer re #1 Complaint (attorney) by Defendant Meritrust Credit Union (referred to Magistrate Judge Gwynne E. Birzer) (Lehman, J.) Modified on 3/6/2019 (tvn). |
| Filing 7 ENTRY OF APPEARANCE by J. Michael Lehman on behalf of Meritrust Credit Union (Lehman, J.) |
| Filing 6 SUMMONS RETURNED EXECUTED -- Personal Service by Holly Noel Smith upon Meritrust Credit Union served on 2/13/2019, answer due 3/6/2019 (Attachments: #1 Exhibit Server's return)(Stecklein, Alan) |
| Filing 5 SUMMONS RETURNED EXECUTED -- Personal Service by Holly Noel Smith upon BCDJ, Inc. served on 2/14/2019, answer due 3/7/2019 (Attachments: #1 Exhibit A)(Stecklein, Alan) |
| Filing 4 SUMMONS RETURNED EXECUTED -- Personal Service by Holly Noel Smith upon Fifth Third Bank served on 2/14/2019, answer due 3/7/2019 (Attachments: #1 Exhibit A)(Stecklein, Alan) |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Holly Noel Smith - trial to be held in Kansas City. (Stecklein, Alan) |
| Filing 2 CIVIL COVER SHEET by Plaintiff Holly Noel Smith. (Stecklein, Alan) |
| Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4712053.), filed by Holly Noel Smith.(Stecklein, Alan) |
| SUMMONS ISSUED as to BCDJ, Inc., Fifth Third Bank, Meritrust Credit Union. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Carlos Murguia and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) |
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