Margulis v. Probity Brothers, LLC et al
Plaintiff: Marilyn Margulis
Defendant: Probity Brothers, LLC, Matthew T. Brown and John Does 1-10
3Rd Party Defendant: Assure Call, LLC
Case Number: 4:2017cv01355
Filed: April 19, 2017
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - County
Presiding Judge: John M Bodenhausen
Nature of Suit: Other Statutory Actions
Cause of Action: 47 U.S.C. ยง 0227 Telephone Consumer Protection Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 21, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2017 Opinion or Order Filing 36 Docket Text ORDER: Pursuant to the Joint Stipulation of Dismissal With Prejudice (ECF No. 34) filed by Plaintiff Marilyn Margulis and Defendants Probity Brothers, LLC and Matthew T. Brown on November 21, 2017, the instant cause of action is dismissed with prejudice. Fec.R.Civ.P. 41(a)(1)(A)(ii). The parties shall bear their own costs.Signed by Magistrate Judge John M. Bodenhausen on 11/21/2017. (NDT)
November 21, 2017 Opinion or Order Filing 35 Docket Text ORDER: IT IS HEREBY ORDERED that the Clerk of the Court shall make an entry in the docket record reflecting the dismissal of Third Party Plaintiffs' claims against Assure Call, LLC without prejudice. Fed.R.Civ.P. 41(a)(1)(A)(ii). Signed by Magistrate Judge John M. Bodenhausen on 11/21/2017. (NDT)
November 21, 2017 Filing 34 STIPULATION Joint Stipulation of Dismissal With Prejudice by Defendants Matthew T. Brown, Probity Brothers, LLC. (Attachments: #1 Attachment Proposed Order)(Klaus, Jeffrey)
November 21, 2017 Filing 33 STIPULATION Stipulation of Dismissal Without Prejudice by Third Party Plaintiffs Matthew T. Brown, Probity Brothers, LLC. (Attachments: #1 Attachment Proposed Order)(Klaus, Jeffrey)
October 4, 2017 Filing 32 Minute Entry for proceedings held before Magistrate Judge John M. Bodenhausen: Rule 16 Conference held on 10/4/2017. Conference held in person. CMO to issue. (FTR Gold Operator initials:n/a) (FTR Gold: No) (LGK)
October 4, 2017 Opinion or Order Filing 31 CASE MANAGEMENT ORDER This case is assigned to Track: TRACK 2 - STANDARD Motion to Join Parties due by 12/18/2017., Discovery Completion due by 8/6/2018., ADR Future Reference 8/6/2018., Dispositive Motions due by 8/6/2018., Jury Trial set for 12/17/2018 09:00 AM in Courtroom 15S before Magistrate Judge John M. Bodenhausen., ADR Completion Deadline due by 9/24/2018. SEE ORDER FOR ADDITIONAL DETAILS AND DEADLINES.. Signed by Magistrate Judge John M. Bodenhausen on 10/4/17. (LGK)
September 20, 2017 Opinion or Order Filing 30 Docket Text ORDER: IT IS HEREBY ORDERED that the Consent Motion to Continue Rule 16 Conference (ECF No. 28) is GRANTED. The Rule 16 Conference has been moved from September 28, 2017, and rescheduled to October 4, 2017, at 10:30 a.m. Signed by Magistrate Judge John M. Bodenhausen on 9/20/2017. (NDT)
September 20, 2017 Filing 29 JOINT SCHEDULING PLAN by Defendants Matthew T. Brown, Probity Brothers, LLC. Joint Proposed Scheduling Plan. (Klaus, Jeffrey)
September 18, 2017 Filing 28 Consent MOTION to Continue Rule 16 Conference by Plaintiff Marilyn Margulis. (Margulis, Max)
September 13, 2017 Opinion or Order Filing 27 Docket Text ORDER: IT IS HEREBY ORDERED that Defendants John Does 1-10 are dismissed without prejudice pursuant to the Dismissal of John Does 1-10 Without Prejudice (ECF No. 26) filed on September 12, 2017.Signed by Magistrate Judge John M. Bodenhausen on 9/13/2017. (NDT)
September 12, 2017 Filing 26 NOTICE of Voluntary Dismissal by Marilyn Margulis of John Does 1-10 without prejudice (Margulis, Max)
September 7, 2017 Opinion or Order Filing 25 RULE 16 ORDER This case is assigned to Track: 2. Joint Scheduling Plan due by 9/21/2017. Rule 16 Conference set for 9/28/2017 10:30 AM in Chambers before Magistrate Judge John M. Bodenhausen. Signed by Magistrate Judge John M. Bodenhausen on 9/7/17. (ARL)
August 18, 2017 Opinion or Order Filing 24 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants/Third-Party Plaintiffs' Motion for Entry of Default Judgment Against Third-Party Defendant Assure Call, LLC (ECF No. #19 ) is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge John M. Bodenhausen on 8/18/17. (ARL)
August 11, 2017 Opinion or Order Filing 23 Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiff Marilyn Margulis shall have up to and including September 15, 2017, in which to name all John Does in this case. Signed by Magistrate Judge John M. Bodenhausen on 8/11/2017. (NDT)
August 3, 2017 Filing 22 CLERK'S ENTRY OF DEFAULT : IT IS HEREBY ORDERED that Defendants/Third-Party Plaintiffs' Motion for Entry of Clerk's Default against Third-Party Defendant Assure Call, LLC [ECF No. 20] is GRANTED, and the default of said Third-Party Defendant is hereby entered. (LGK)
July 31, 2017 Filing 21 SUMMONS Returned Executed filed by Probity Brothers, LLC, Matthew T. Brown. (Klaus, Jeffrey)
July 17, 2017 Filing 20 MOTION for Entry of Clerk's Default against Third-Party Defendant Assure Call, LLC by Third Party Plaintiffs Matthew T. Brown, Probity Brothers, LLC. (Klaus, Jeffrey)
July 14, 2017 Filing 19 MOTION for Default Judgment as to Party Assure Call, LLC by Third Party Plaintiffs Matthew T. Brown, Probity Brothers, LLC. (Klaus, Jeffrey)
June 15, 2017 Filing 18 SUMMONS Returned Executed filed by Probity Brothers, LLC, Matthew T. Brown. Assure Call, LLC served on 6/14/2017, answer due 7/5/2017. (Klaus, Jeffrey)
June 14, 2017 Filing 17 STATUS REPORT Plaintiff Marilyn Margulis and Defendants Probity Brothers, LLC and Matthew T. Brown's Joint Status Report Regarding Service of Assure Call, LLC by Matthew T. Brown, Probity Brothers, LLC. (Klaus, Jeffrey)
June 8, 2017 Summons Issued as to defendant Assure Call, LLC. The summons was mailed to counsel for defendant's, Jeffrey Klaus. (LGK)
June 7, 2017 Filing 16 NOTICE OF PROCESS SERVER by Third Party Plaintiffs Matthew T. Brown, Probity Brothers, LLC Process Server: Meredith Harmon (Attachments: #1 Summons on a Third-Party Complaint)(Klaus, Jeffrey)
May 17, 2017 Opinion or Order Filing 15 Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiff Marilyn Margulis and Defendants Probity Brothers, LLC, and Matthew T. Brown's Joint Motion to Temporarily Stay the Joint Proposed Scheduling Plan and Rule 16 Conference (ECF No. 14) is GRANTED. The scheduling conference currently set for May 25, 2017, is VACATED. IT IS FURTHER ORDERED that the parties, no later than June 15, 2017, shall file a status report regarding service on Assure Call, LLC.Signed by Magistrate Judge John M. Bodenhausen on 5/17/2017. (NDT)
May 15, 2017 Filing 14 Joint MOTION to Stay Joint Proposed Scheduling Plan and by Defendants Matthew T. Brown, Probity Brothers, LLC, Third Party Plaintiffs Matthew T. Brown, Probity Brothers, LLC. (Klaus, Jeffrey) (Additional attachment(s) added on 5/17/2017: #1 Text of Proposed Order) (CAR).
May 3, 2017 Filing 13 NOTICE by Third Party Plaintiffs Matthew T. Brown, Probity Brothers, LLC re #12 Third Party Complaint, Certificate of Mailing (Klaus, Jeffrey)
May 3, 2017 Filing 12 THIRD PARTY COMPLAINT against third party defendant Assure Call, LLC No Summons(es) issued, Waivers issued Yes, Consents issued Not yet, YesDemand,, filed by Matthew T. Brown, Probity Brothers, LLC. (Attachments: #1 Exhibit 1)(Klaus, Jeffrey)
April 26, 2017 Opinion or Order Filing 11 RULE 16 ORDER - This case is assigned to Track: 2. Joint Scheduling Plan due by 5/15/2017. Rule 16 Conference set for 5/25/2017 01:30 PM in Chambers before Magistrate Judge John M. Bodenhausen. Signed by Magistrate Judge John M. Bodenhausen on 4/26/17. (ARL)
April 24, 2017 Filing 10 ANSWER to Complaint Answer and Affirmative Defenses to Plaintiff's Complaint by Matthew T. Brown.(Klaus, Jeffrey)
April 24, 2017 Filing 9 ANSWER to Complaint Answer and Affirmative Defenses to Plaintiff's Complaint by Probity Brothers, LLC.(Klaus, Jeffrey)
April 24, 2017 Filing 8 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Matthew T. Brown, Probity Brothers, LLC Sent To: State Court - Executed (Klaus, Jeffrey)
April 19, 2017 Filing 7 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW)
April 19, 2017 Filing 6 Petition (Removal/Transfer) Received From: Circuit Court, St. Louis County, Missouri, filed by Marilyn Margulis.(BAK)
April 19, 2017 Filing 5 ENTRY of Appearance by Peter C. Sullivan for Defendants Matthew T. Brown, Probity Brothers, LLC. (Sullivan, Peter)
April 19, 2017 Filing 4 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Matthew T. Brown, Probity Brothers, LLC Sent To: Plaintiff (Klaus, Jeffrey)
April 19, 2017 Filing 3 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Probity Brothers, LLC.. (Klaus, Jeffrey)
April 19, 2017 Filing 2 ENTRY of Appearance by Jeffrey Clayton Klaus for Defendants Matthew T. Brown, Probity Brothers, LLC. (Klaus, Jeffrey)
April 19, 2017 Filing 1 NOTICE OF REMOVAL from Circuit Court of St. Louis County, case number 17SL-CC00935, with receipt number 0865-5916189, in the amount of $400 Jury Demand,, filed by Matthew T. Brown, Probity Brothers, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Original Filing Form)(Klaus, Jeffrey)
April 19, 2017 Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. Judge Assigned: U.S. Magistrate Judge John M. Bodenhausen. (BAK)

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Plaintiff: Marilyn Margulis
Represented By: Max G. Margulis
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Defendant: Probity Brothers, LLC
Represented By: Jeffrey Clayton Klaus
Represented By: Peter C. Sullivan
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Defendant: Matthew T. Brown
Represented By: Jeffrey Clayton Klaus
Represented By: Peter C. Sullivan
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Defendant: John Does 1-10
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3rd party defendant: Assure Call, LLC
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