Lostutter v. Data Tech, LLC et al
| Deric Lostutter |
| Data Tech, LLC doing business as White Label DIY, Freedom Financial Plus, Inc. doing business as Freedompath, Arius, Inc., Kevin Carroll and Credco, Inc. |
| 6:2023cv00159 |
| August 23, 2023 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #10 MOTION to Dismiss for failure to state a claim by Data Tech, LLC , #6 MOTION to Remand by Deric Lostutter (KJA) |
| Filing 29 REPLY to #10 , #24 filed by Arius, Inc., Kevin Carroll, Kevin Carroll, Credco, Inc., Data Tech, LLC, Freedom Financial Plus, Inc.. (Attachments: #1 Exhibit Exhibit 1- Signed Second Affidavit, #2 Exhibit Exhibit A- WhiteLabel web page, #3 Exhibit Exhibit 2- Sign In Sheet, #4 Exhibit Exhibit 3- Skye High Credit Officers)(Kelley, John) |
| Filing 28 NOTICE OF FILING by Deric Lostutter, pro se. (Attachments: #1 Exhibit A - Terms of Use)(KJA) |
| Filing 27 NOTICE OF FILING by Deric Lostutter, pro se, Sean Lee v. Arius Inc., et al, 23STCV22286. (Attachments: #1 Exhibit A - Sean Lee v. Arius, Inc, et al., 23STCV22286)(KJA) Modified file date on 9/22/2023 (KJA). |
| Filing 26 REPLY to Response to Motion re #6 MOTION to Remand by Deric Lostutter filed by Deric Lostutter, pro se. **Note: Mailing envelope attached at D.E. #24 . (Attachments: #1 Exhibit A - Sean Lee v. Arius, Inc, et al., 23STCV22286)(KJA) |
| Filing 25 AMENDED MEMORANDUM in Support of Motion re #18 EX PARTE MOTION for Sanctions and Emergency EPO by Deric Lostutter filed by Deric Lostutter, pro se. **Note: Mailing envelope attached at D.E. #24 . (Attachments: #1 Exhibit A - Terms of Use)(KJA) |
| Filing 24 RESPONSE in Opposition re #10 MOTION to Dismiss for failure to state a claim by Data Tech, LLC filed by Deric Lostutter, pro se. (Attachments: #1 Exhibit A - Terms of Use, #2 mailing envelope, front and back, postmarked 09/18/2023)(KJA) |
| Filing 23 NOTICE OF FILING by Arius, Inc., Kevin Carroll, Kevin Carroll, Credco, Inc., Data Tech, LLC, Freedom Financial Plus, Inc. re #21 RESPONSE, (Attachments: #1 Exhibit KBA Notice)(Towe, Adam) |
| Filing 22 RESPONSE to #6 filed by Arius, Inc., Kevin Carroll, Kevin Carroll, Credco, Inc., Data Tech, LLC, Freedom Financial Plus, Inc.. (Attachments: #1 Exhibit Exhibit 1- Complaint, #2 Exhibit Exhibit 2- Amended Complaint, #3 Exhibit Exhibit 3- Text Message)(Kelley, John) |
| Filing 21 RESPONSE to #18 Plaintiffs Ex Parte Motion for Sanctions & Emergency EPO filed by Arius, Inc., Kevin Carroll, Kevin Carroll, Credco, Inc., Data Tech, LLC, Freedom Financial Plus, Inc.. (Attachments: #1 Exhibit Text Message from Kevin Carroll, #2 Exhibit Emails from Lostutter to Towe)(Towe, Adam) |
| Filing 20 SUPPLEMENTAL MEMORANDUM in Support of Motion re #6 MOTION to Remand by Deric Lostutter filed by Deric Lostutter, pro se. (Attachments: #1 mailing envelope, front and back, postmarked 09/07/2023)(KJA) |
Filing 19
ORDER: The Court thus DENIES DE #14 and DE #15 . Lostutter may file a new response, in compliance with Local Rule 7.1(d)'s 25-page limit by September 25, 2023. Signed by Judge Robert E. Wier on 09/11/2023.(KJA)cc: COR and Deric Lostutter by US Mail
|
| Filing 18 EX PARTE MOTION for Sanctions and Emergency EPO by Deric Lostutter, pro se. Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit A,B, #2 Memorandum in Support, #3 Proposed Order, #4 Envelope Post Marked 09.07.2023)(JCP) Modified to unseal pursuant to HAI Chambers on 9/8/2023 (KJA). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #18 EX PARTE MOTION by Deric Lostutter (JCP) |
| Filing 17 RESPONSE to Motion re #10 MOTION to Dismiss for failure to state a claim by Data Tech, LLC filed by Deric Lostutter, pro se. Mailing envelope attached at DE #14 . (Attachments: #1 Memorandum in Support, #2 Exhibits A - D, #3 Proposed Order)(KJA) |
| Filing 16 NOTICE OF FILING by Deric Lostutter, pro se. (Attachments: #1 Exhibit A - Declaration of Deric Lostutter filed August 24, 2023 in Clay Circuit Court, Civil Action No. 23-CI-00166, #2 mailing envelope, front and back, postmarked 9/6/2023)(KJA) |
| Filing 15 MOTION for Leave to File Excess Pages by Deric Lostutter, pro se. Mailing envelope attached at DE #14 . Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(KJA) |
| Filing 14 MOTION to Strike #10 MOTION to Dismiss for failure to state a claim by Data Tech, LLC by Deric Lostutter, MOTION for Sanctions by Deric Lostutter and Response to Defendants' Motion to Dismiss by Deric Lostutter, pro se. Motions referred to Hanly A. Ingram. (Attachments: #1 Memorandum in Support, #2 Exhibits A - D, #3 Proposed Order, #4 mailing envelope, front and back, postmarked 9/5/2023)(KJA) |
| Filing 13 NOTICE OF FILING by Deric Lostutter (Attachments: #1 Exhibit A. Second Affidavit of Sean Lee, #2 Envelope Post Marked 09.01.2023)(JCP) |
| Filing 12 NOTICE OF FILING by Deric Lostutter (Attachments: #1 Exhibit A. Affidavit of Sean Lee, #2 Envelope Post Marked 08.31.2023)(JCP) |
|
Filing 11
ORDER: IT IS HEREBY ORDERED THAT to the motion to stay (D.E. #8 ) is GRANTED. Discovery in this matter is STAYED and shall not proceed until the Court has ruled upon the pending dispositive motions. And the deadlines in the Court's Order for Meeting and Report (D.E. #5 ) are VACATED. Signed by Magistrate Judge Hanly A. Ingram on 09/05/2023. (KJA)cc: COR and Deric Lostutter by US Mail
|
| Filing 10 MOTION to Dismiss for failure to state a claim by Data Tech, LLC (Attachments: #1 Memorandum in Support memorandum of authority, #2 Exhibit Exhibit 1- List of Courtnet Cases, #3 Exhibit Exhibit 2- Affadavit of Austin Ohliger, #4 Exhibit Exhibit 3- Terms of Use, #5 Exhibit Exhibit 4- Plaintiff's Complaint, #6 Exhibit Exhibit 5- Plaintiff's Amended Complaint, #7 Proposed Order Proposed Order)(Kelley, John) |
| Filing 9 NOTICE OF APPEARANCE by Data Tech, LLC. (Kelley, John) |
| Filing 8 MOTION to Stay Rule 26 Conference and Report by Deric Lostutter, pro se. Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order, #2 mailing envelope, front and back, postmarked 8/25/2023)(KJA) |
| Filing 7 NOTICE OF FILING DECLARATION / VERIFICATION PURSUANT TO 28 U.S.C. 1746 by Deric Lostutter re #6 MOTION to Remand by Deric Lostutter, pro se. (Attachments: #1 mailing envelope, front and back, postmarked 8/25/2023)(KJA) |
| Filing 6 MOTION to Remand by Deric Lostutter, pro se. (Attachments: #1 Proposed Order, #2 mailing envelope, front and back, postmark illegible)(KJA) |
|
Filing 5
ORDER FOR MEETING AND REPORT: (1) Within 21 days, the parties, by counsel when applicable, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates.(2) Within 14 days of the meeting, the parties shall file a joint status report containing: See a. - e. Signed by Magistrate Judge Hanly A. Ingram on 8/24/2023. (Attachments: #1 MJ Consent)(MM)cc: CORand Deric Lostutter by US Mail
|
|
Filing 4
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs).. Signed by Judge Robert E. Wier on 11/13/2019.(JCP)cc: COR and Deric Lostutter by US Mail
|
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Arius, Inc., Credco, Inc., Data Tech, LLC, Freedom Financial Plus, Inc.. (JCP) |
| Filing 1 NOTICE OF REMOVAL from Clay Circuit Clerk, case number 23-CI-00166. ( Filing fee $402; receipt number AKYEDC-5631534), filed by Arius, Inc., Kevin Carroll, Data Tech, LLC, Kevin Carroll, Freedom Financial Plus, Inc., Credco, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1. Text, #3 Notice of Filing, #4 Certificate of Notice of Filing of Removal Petition, #5 Notice of Filing State Court Record, #6 State Court Record)(JCP) |
| Conflict Check run. (JCP) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
