Mercado et al v. Kalescky et al
Plaintiff: Adelino Mercado, Jr. and Elizabeth Garibay-Mercado
Defendant: Gregory Kalescky and Jeffrey Oldham
Case Number: 2:2023cv02052
Filed: February 6, 2023
Court: US District Court for the District of Kansas
Presiding Judge: Angel D Mitchell
Referring Judge: Holly L Teeter
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 6, 2023 Opinion or Order Filing 11 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 5/31/2023 at 11:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 5/10/2023. Rule 26 Initial Disclosures Deadline set for 5/19/2023. Proposed Scheduling Order Deadline 5/19/2023. Signed by Magistrate Judge Angel D. Mitchell on 4/6/2023. Mailed to pro se party Plaintiffs Adelino Mercado, Jr. and Elizabeth Garibay-Mercado by regular mail. (ht)
April 4, 2023 Opinion or Order Filing 10 ORDER denying #9 motion to strike answer to complaint. By this motion, the pro se plaintiffs ask the court to "dismiss the response given by Justin J. Johl of Shook, Hardy & Bacon L.L.P." because "no Third party can speak for" defendants. Contrary to plaintiffs' assertions, both the Federal Rules of Civil Procedure and this court's local rules, as well as caselaw going back hundreds of years, contemplate attorneys appearing and speaking for civil litigants in court proceedings. See, e.g., Fed. R. Civ. P. 5; D. Kan. R. 83.5.3--83.5.5. Thus, defendants' answer is not deficient simply because it was filed by an attorney. Signed by Magistrate Judge Angel D. Mitchell on April 4, 2023. Mailed to Plaintiffs Adelino Mercado, Jr. and Elizabeth Garibay-Mercado by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
April 3, 2023 Opinion or Order Filing 9 MOTION to Strike #6 Answer to Complaint, by Plaintiffs Elizabeth Garibay-Mercado, Adelino Mercado, Jr. (referred to Magistrate Judge Angel D. Mitchell) (ca)
March 31, 2023 Opinion or Order Filing 8 CORPORATE DISCLOSURE STATEMENT by Jeffrey Oldham identifying None as corporate parent . (Johl, Justin)
March 31, 2023 Opinion or Order Filing 7 CORPORATE DISCLOSURE STATEMENT by Gregory Kalescky, Jeffrey Oldham identifying None as corporate parent (Johl, Justin)
March 22, 2023 Opinion or Order Filing 6 ANSWER to #1 Complaint, by Gregory Kalescky, Jeffrey Oldham.(Johl, Justin)
March 8, 2023 Opinion or Order Filing 5 SUMMONS RETURNED EXECUTED -- Defendant Jeffrey Oldham served on 3/1/2023 by certified mail, answer due 3/22/2023. Mailed to pro se parties Adelino Mercado, Jr. and Elizabeth Garibay-Mercado by regular mail. (mam)
February 21, 2023 Opinion or Order SUMMONS ISSUED as to Gregory Kalescky and Jeffrey Oldham. (issued to US Marshal for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (kmc)
February 16, 2023 Opinion or Order Filing 4 ORDER granting #3 Motion for Leave to Proceed in forma pauperis. The Clerk shall issue a summons for the defendants, and service of the summonses and copies of the complaint shall be effected by the United States Marshal or a Deputy United States Marshal, both of whom are appointed for such purpose pursuant to Fed. R. Civ. P. 4(c)(3). Signed by Magistrate Judge Angel D. Mitchell on 2/16/2023. Mailed to pro se parties Adelino Mercado, Jr. and Elizabeth Garibay-Mercado by regular mail. (kas) Modified on 2/17/2023 to fix docket text(kas).
February 6, 2023 Opinion or Order Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiffs Elizabeth Garibay-Mercado, Adelino Mercado, Jr. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit of Financial Status, #2 Affidavit of Financial Status) NOTE - Access to document is restricted pursuant to the courts privacy policy. (jk)
February 6, 2023 Opinion or Order Filing 2 CIVIL COVER SHEET re #1 Complaint, by Plaintiffs Elizabeth Garibay-Mercado, Adelino Mercado, Jr. (jk)
February 6, 2023 Opinion or Order Filing 1 COMPLAINT with trial location of Kansas City, filed by Adelino Mercado, Jr, Elizabeth Garibay-Mercado. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M) (jk)
February 6, 2023 Opinion or Order NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jk)

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Plaintiff: Adelino Mercado, Jr.
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Plaintiff: Elizabeth Garibay-Mercado
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Defendant: Gregory Kalescky
Represented By: Jessica A.E. McKinney
Represented By: Justin J. Johl
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Defendant: Jeffrey Oldham
Represented By: Jessica A.E. McKinney
Represented By: Justin J. Johl
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