Mason v. Advanced Recovery Systems, Inc. et al
| Jacqueline Mason |
| Does 1-10 and Advanced Recovery Systems, Inc. |
| 3:2019cv00352 |
| May 21, 2019 |
| US District Court for the Southern District of Mississippi |
| John C Gargiulo |
| Halil S Ozerden |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 4, 2021. A more recent docket listing may be available from PACER.
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Filing 45
FINAL JUDGMENT - IT IS ORDERED AND ADJUDGED that, this civil action is DISMISSED WITH PREJUDICE. Signed by District Judge Halil S. Ozerden on 2/4/2021 (ND)
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Filing 44
Memorandum Opinion and Order granting #34 MOTION for Summary Judgment. IT IS ORDERED AND ADJUDGED that, Defendant Advanced Recovery Systems, Inc.'s Motion #34 for Summary Judgment is GRANTED, and Plaintiff Jacqueline Mason's claims are DISMISSED WITH PREJUDICE. A separate Final Judgment will be entered pursuant to Federal Rule of Civil Procedure 58. Signed by District Judge Halil S. Ozerden on 2/4/2021 (ND)
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| Filing 43 NOTICE of Service of Pre-Discovery Disclosure by Jacqueline Mason (Hussey, Curtis) |
| Filing 42 Corporate Disclosure Statement by Advanced Recovery Systems, Inc. (Westbrook, William) |
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Filing 41
CASE MANAGEMENT ORDER: Disclosure due by 12/22/2020. Jury Trial set for a three week trial calendar beginning on 4/4/2022 at 9:00 AM in Courtroom 6B (Jackson) before District Judge Halil S. Ozerden. Pretrial Conference set for 3/22-24/2022 at 9:00 AM in Courtroom 6B (Jackson) before District Judge Halil S. Ozerden. Discovery due by 7/23/2021. Motions due by 8/6/2021. Settlement Conference set for 9/21/2021 at 9:00 AM in Chambers 870 (Gulfport) before Magistrate Judge John C. Gargiulo. ADR Report due by 3/15/2022. Proposed Pretrial Order due by 3/22/2022. EDT: 2 days. Parties do not consent. Signed by Magistrate Judge John C. Gargiulo on 12/8/2020 (AB)
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| Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Case Management Conference held on 12/8/2020. PARTICIPANTS: Curtis Ray Hussey and Joshua A. Markovits - PHV (counsel for Plaintiff); William V. Westbrook, III (counsel for Defendant Advanced Recovery Systems, Inc.). A Case Management Order will be entered. (AB) |
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TEXT ONLY ORDER granting #40 Motion to Appear Pro Hac Vice of Joshua A. Markovits. Joshua A. Markovits is admitted pro hac vice in this case on behalf of Plaintiff Jacqueline Mason in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 12/2/2020 (AB)
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| Filing 40 MOTION for Joshua A. Markovits to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4426975) by Jacqueline Mason (Attachments: #1 Certificate of Good Standing)(Hussey, Curtis) |
| Reset Hearing: Due to a conflict with Defense Counsel's schedule, the Telephonic Case Management Conference is RESET for 12/8/2020 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel will follow all other instructions given in the Rule 16(a) Initial Order #39 . (AB) |
| Filing 39 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 11/19/2020 at 10:30 AM before Magistrate Judge John C. Gargiulo. (AB) |
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AMENDED TEXT ONLY ORDER. In light of Defendant's Pending Motion #34 , an answer will not be required until after the Court's ruling on the Motion. The case will be set for a telephonic case management conference. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 10/27/2020 (AG)
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TEXT ONLY ORDER setting answer deadline. In light of the Court's recent resolution of Defendant's #26 Motion for More Definite Statement of Claim, Defendant's deadline to answer is 11/5/2020, in accordance Fed. R. Civ. P. 12(a)(4). NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 10/23/2020 (AG)
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TEXT ONLY ORDER denying as moot Defendant's #26 Motion for More Definite Statement of Claim, for Expedited Discovery of Plaintiff's Cellular Telephone Billing Records and Credit Report, and for a Temporary Stay. Based upon the parties' #32 Joint Stipulation and subsequent filings in this case, Defendant's #26 Motion is moot. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on October 22, 2020. (ENW)
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| Filing 38 Rebuttal re #34 MOTION for Summary Judgment filed by Advanced Recovery Systems, Inc. (Westbrook, William) |
| Filing 37 RESPONSE in Opposition re #34 MOTION for Summary Judgment filed by Jacqueline Mason (Hussey, Curtis) |
| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by Jacqueline Mason (Attachments: #1 Proposed Order)(Hussey, Curtis) |
| Docket Annotation as to Doc. #36 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (VM) |
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TEXT ONLY ORDER granting as unopposed Plaintiff Jacqueline Mason's #36 Motion to Extend Time to Respond to Defendant Advanced Recovery Systems, Inc.'s #34 Motion for Summary Judgment. Plaintiff's Response to Defendant's #34 Motion is now due on or before August 10, 2020. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on July 23, 2020. (ENW)
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| Filing 35 MEMORANDUM in Support re #34 MOTION for Summary Judgment filed by Advanced Recovery Systems, Inc. (Westbrook, William) |
| Filing 34 MOTION for Summary Judgment by Advanced Recovery Systems, Inc. (Attachments: #1 Exhibit A Email from SKuhner with Phone Records, #2 Exhibit B Bolivar County Justice Court File, #3 Exhibit C Money Order Payments, #4 Exhibit D Letter to Bolivar Co Justice Court RE Debt Paid in Full)(Westbrook, William) |
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TEXT ONLY ORDER granting in part and denying in part the parties' #33 Joint Motion for Extension of Time regarding Defendant Advanced Recovery Systems, Inc.'s #26 Motion for More Definite Statement of Claim, for Expedited Discovery of Plaintiff's Cellular Telephone Billing Records and Credit Report, and for a Temporary Stay. Plaintiff's Response to Defendant's #26 Motion is now due on or before June 3, 2020, and any Reply is now due on or before June 10, 2020. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on May 13, 2020. (ENW)
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| Filing 33 Joint MOTION to Extend Deadline RE MOTION [#26] FOR MORE DEFINITE STATEMENT OF CLAIM, FOR EXPEDITED DISCOVERY OF PLAINTIFFS CELLULAR TELEPHONE BILLING RECORDS, AND CREDIT REPORT AND FOR A TEMPORARY STAY by Advanced Recovery Systems, Inc. (Westbrook, William) |
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TEXT ONLY ORDER finding as moot #30 Motion to Strike Premature Discovery. Based on the Parties' #32 Joint Stipulation, the Motion to Strike is rendered moot. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 5/12/2020 (AG)
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| Filing 32 STIPULATION re #26 MOTION for More Definite Statement of Claim MOTION to Expedite Discovery of Cellular Telephone Billing Records and Credit Report MOTION to Stay Proceedings , #30 MOTION to Strike Premature Discovery by Advanced Recovery Systems, Inc. (Westbrook, William) |
| Filing 31 MEMORANDUM in Support re #30 MOTION to Strike Premature Discovery filed by Advanced Recovery Systems, Inc. (Westbrook, William) |
| Filing 30 MOTION to Strike Premature Discovery by Advanced Recovery Systems, Inc. (Attachments: #1 Exhibit A - April 15, 2020 Email from S.Kuhner, #2 Exhibit B - April 16, 2020 Email to S.Kuhner)(Westbrook, William) |
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TEXT ONLY ORDER granting Plaintiff Jacqueline Mason's #29 Motion for Extension of Time to File Response to Defendant Advanced Recovery Systems, Inc.'s #26 Motion for More Definite Statement of Claim, for Expedited Discovery of Plaintiff's Cellular Telephone Billing Records and Credit Report, and for a Temporary Stay. Plaintiff's Response to Defendant's #26 Motion is now due on or before April 30, 2020. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on April 17, 2020. (ENW)
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| Filing 29 MOTION for Extension of Time to File Response/Reply as to #26 MOTION for More Definite Statement of Claim MOTION to Expedite Discovery of Cellular Telephone Billing Records and Credit Report MOTION to Stay Proceedings by Jacqueline Mason (Hussey, Curtis) |
| Filing 28 NOTICE OF PARTIAL AGREEMENT OF COUNSEL by Advanced Recovery Systems, Inc. re #26 MOTION for More Definite Statement of Claim MOTION to Expedite Discovery of Cellular Telephone Billing Records and Credit Report MOTION to Stay Proceedings (Westbrook, William) |
| Filing 27 MEMORANDUM in Support re #26 MOTION for More Definite Statement of Claim MOTION to Expedite Discovery of Cellular Telephone Billing Records and Credit Report MOTION to Stay Proceedings filed by Advanced Recovery Systems, Inc. (Westbrook, William) |
| Filing 26 MOTION for More Definite Statement of Claim, MOTION to Expedite Discovery of Cellular Telephone Billing Records and Credit Report, MOTION to Stay Proceedings by Advanced Recovery Systems, Inc. (Westbrook, William) |
| NOTICE of CANCELLED Calendar Setting: In light of the pending Motion #26 , the Telephonic Case Management Conference set for 4/17/2020 before Magistrate Judge John C. Gargiulo is hereby CANCELLED. (AB) |
| Filing 25 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 4/17/2020 at 10:30 AM before Magistrate Judge John C. Gargiulo. (AB) |
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TEXT ONLY ORDER lifting the Stay of Proceedings. Proceedings in this case are no longer stayed. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/20/2020 (AG)
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Filing 24
ORDER denying Defendant Advanced Recovery Systems, Inc.'s #16 Supplemental Motion to Dismiss Amended Complaint Based on Improper Service of Process and Lack of Jurisdiction under Rule 12(b), and Alternatively, for Summary Judgment. Signed by District Judge Halil S. Ozerden on March 19, 2020. (ENW)
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| Filing 23 MEMORANDUM IN SUPPORT in re #22 Rebuttal, filed by Advanced Recovery Systems, Inc. in re #16 MOTION to Dismiss , filed by Advanced Recovery Systems, Inc.(Westbrook, William) |
| Filing 22 Rebuttal re #16 MOTION to Dismiss AMENDED COMPLAINT BASED ON IMPROPER SERVICE OF PROCESS AND LACK OF JURISDICTION UNDER RULE 12(B), AND ALTERNATIVELY, FOR A SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANT filed by Advanced Recovery Systems, Inc. (Westbrook, William) |
| Filing 21 RESPONSE in Opposition re #16 MOTION to Dismiss AMENDED COMPLAINT BASED ON IMPROPER SERVICE OF PROCESS AND LACK OF JURISDICTION UNDER RULE 12(B), AND ALTERNATIVELY, FOR A SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANT filed by Jacqueline Mason (Hussey, Curtis) |
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TEXT ONLY ORDER granting as unopposed Plaintiff's #20 Motion to Extend Time to Respond to Defendant Advanced Recovery Systems, Inc.'s #16 Motion to Dismiss. Plaintiff's Response is now due on or before September 11, 2019. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on September 4, 2019. (ENW)
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| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss AMENDED COMPLAINT BASED ON IMPROPER SERVICE OF PROCESS AND LACK OF JURISDICTION UNDER RULE 12(B), AND ALTERNATIVELY, FOR A SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANT by Jacqueline Mason (Attachments: #1 Proposed Order)(Hussey, Curtis) |
| DOCKET ANNOTATION as to #20 . Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (ND) |
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TEXT ONLY ORDER staying proceedings. Defendant's #16 Supplemental Motion to Dismiss asserts lack of jurisdiction. Pursuant to Local Uniform Civil Rule 16(b)(3)(B), proceedings in this matter are stayed pending briefing and ruling on Defendant's #16 Motion to Dismiss. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 8/23/2019 (AG)
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TEXT ONLY ORDER denying as moot Defendant's #6 Motion to Dismiss. In light of Plaintiff's #10 Amended Complaint and Defendant's #16 Supplemental Motion to Dismiss Amended Complaint, Defendant's earlier #6 Motion to Dismiss is moot. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on August 22, 2019. (ENW)
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TEXT ONLY ORDER granting as unopposed Defendant's #19 Motion to Withdraw/Strike Previously Filed Unredacted Exhibit and Substitute Attached Exhibit for Same. The Clerk of Court shall remove [16-1] Exhibit "A" to Defendant's #16 Supplemental Motion to Dismiss from the record and replace it with the redacted version of the exhibit, which is attached as [19-1] Exhibit "A" to Defendant's #19 Motion. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on August 22, 2019. (ENW)
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| Filing 19 MOTION to Withdraw /STRIKE PREVIOUSLY FILED UNREDACTED EXHIBIT AND SUBSTITUTE ATTACHED EXHIBIT FOR SAME by Advanced Recovery Systems, Inc. (Attachments: #1 Exhibit A Declaration of Steven Bridwell with Redacted Exhibits)(Westbrook, William) |
| Filing 18 NOTICE DEFENDANTS STATEMENT OF MATERIAL UNCONTESTED FACTS by Advanced Recovery Systems, Inc. re #16 MOTION to Dismiss AMENDED COMPLAINT BASED ON IMPROPER SERVICE OF PROCESS AND LACK OF JURISDICTION UNDER RULE 12(B), AND ALTERNATIVELY, FOR A SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANT (Westbrook, William) |
| Filing 17 MEMORANDUM in Support re #16 MOTION to Dismiss AMENDED COMPLAINT BASED ON IMPROPER SERVICE OF PROCESS AND LACK OF JURISDICTION UNDER RULE 12(B), AND ALTERNATIVELY, FOR A SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANT filed by Advanced Recovery Systems, Inc. (Westbrook, William) |
| Filing 16 MOTION to Dismiss AMENDED COMPLAINT BASED ON IMPROPER SERVICE OF PROCESS AND LACK OF JURISDICTION UNDER RULE 12(B), AND ALTERNATIVELY, FOR A SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANT by Advanced Recovery Systems, Inc. (Attachments: #1 Exhibit A Declaration of Steven Bridwell Redacted)(Westbrook, William) (Attachment 1 replaced on 8/22/2019 per Text Only Order) (ND). |
| Filing 15 **DISREGARD - SEE DOCKET ANNOTATION** MOTION Statement of Material Uncontested Facts re #13 MOTION to Dismiss by Advanced Recovery Systems, Inc. (Westbrook, William) |
| Filing 14 **DISREGARD - SEE DOCKET ANNOTATION** RESPONSE in Support re #13 MOTION to Dismiss filed by Advanced Recovery Systems, Inc. (Westbrook, William) |
| Filing 13 **DISREGARD - SEE DOCKET ANNOTATION** MOTION to Dismiss by Advanced Recovery Systems, Inc. (Attachments: #1 Exhibit A Declaration of Steven Bridwell)(Westbrook, William) |
| DOCKET ANNOTATION as to #13 , #14 and #15 . Attorney advises that there are errors in these entries, and they should be disregarded. They will be correctly refiled. (ND) |
| Filing 12 SUMMONS Returned Executed by Jacqueline Mason. Advanced Recovery Systems, Inc. served on 8/6/2019, answer due 8/27/2019. (Hussey, Curtis) Modified on 8/8/2019 to correct filing error (ND). |
| Filing 11 Response in Opposition re #6 MOTION to Dismiss PRESENTING DEFENSES OF FAILURE TO STATE A CLAIM, LACK OF PROPER SERVICE OF PROCESS, AND LACK OF JURISDICTION UNDER RULE 12 (B) by Advanced Recovery Systems, Inc. (Attachments: # 1 Exhibit A DUPP of Richard M Williams, # 2 Exhibit B DUPP of Robert D Shelton)(Westbrook, William) filed by Jacqueline Mason (Hussey, Curtis) |
| Filing 10 AMENDED COMPLAINT against All Defendants, filed by Jacqueline Mason.(Hussey, Curtis) |
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TEXT ONLY ORDER granting as unopposed Plaintiff Jacqueline Mason's Motion to Extend Time #9 to file a response to Defendant Advanced Recovery Systems, Inc.'s Motion to Dismiss #6 . Plaintiff's response is due on or before Wednesday, August 7, 2019. NO FURTHER WRITTEN ORDER SHALL ISSUE REGARDING THIS MOTION. Signed by District Judge Halil S. Ozerden on August 2, 2019. (BGL)
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| DOCKET ANNOTATION as to #9 . Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (ND) |
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss PRESENTING DEFENSES OF FAILURE TO STATE A CLAIM, LACK OF PROPER SERVICE OF PROCESS, AND LACK OF JURISDICTION UNDER RULE 12 (B) by Jacqueline Mason (Attachments: #1 Proposed Order)(Hussey, Curtis) |
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TEXT ONLY ORDER granting #8 Motion to Withdraw. Michael E. Whitehead is terminated as counsel of record for the Defendant. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 7/23/2019 (AG)
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| Filing 8 MOTION to Withdraw as Attorney Michael E. Whitehead by Advanced Recovery Systems, Inc. (Whitehead, Michael) |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss PRESENTING DEFENSES OF FAILURE TO STATE A CLAIM, LACK OF PROPER SERVICE OF PROCESS, AND LACK OF JURISDICTION UNDER RULE 12 (B) filed by Advanced Recovery Systems, Inc. (Westbrook, William) |
| Filing 6 MOTION to Dismiss PRESENTING DEFENSES OF FAILURE TO STATE A CLAIM, LACK OF PROPER SERVICE OF PROCESS, AND LACK OF JURISDICTION UNDER RULE 12 (B) by Advanced Recovery Systems, Inc. (Attachments: #1 Exhibit A DUPP of Richard M Williams, #2 Exhibit B DUPP of Robert D Shelton)(Westbrook, William) |
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TEXT ONLY ORDER granting #4 Unopposed Motion for Additional Time to Respond to Plaintiff's Complaint. Defendant's deadline to answer or otherwise respond to Plaintiff's Complaint is 7/18/2019. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 6/27/2019 (AG)
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| DOCKET ANNOTATION as to #5 : This document appears to be a duplicate filing. Therefore, Doc. #5 should be disregarded. (KNS) |
| Filing 5 ***ERROR***DISREGARD THIS ENTRY***Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Advanced Recovery Systems, Inc. (Whitehead, Michael) Modified on 6/27/2019 (KNS). |
| Filing 4 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Advanced Recovery Systems, Inc. (Whitehead, Michael) |
| Filing 3 SUMMONS Returned Executed by Jacqueline Mason. Advanced Recovery Systems, Inc. served on 6/6/2019, answer due 6/27/2019. (Hussey, Curtis) |
| DOCKET ANNOTATION as to #2 : Proof of Service of a summons should be completed and filed with the first page, as issued. Attachment of "Return of Service" is not sufficient without completed proof. Attorney is directed to refile using AO form 440 and may attach "Return of Service" as an exhibit with a description. (KNS) |
| Filing 2 Summons Issued as to Advanced Recovery Systems, Inc. (Original mailed to plaintiff's counsel). (VM) |
| Filing 1 COMPLAINT against Advanced Recovery Systems, Inc., Does 1-10 (Filing fee $400 receipt number 0538-3994415), filed by Jacqueline Mason. (Attachments: #1 Civil Cover Sheet)(VM) |
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