Perrong v. Timeshare Help Source, LLC
| Andrew Perrong |
| Timeshare Help Source, LLC, Dan Human and Eduardo Balderas |
| 4:2022cv01064 |
| October 5, 2022 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Rodney W Sippel |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Both |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
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Filing 53
Case transferred in from District of Pennsylvania Eastern; Case Number 2:22-cv-01085. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically.
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Filing 52
Case Transferred to U.S. District Court Eastern District of Missouri via CM/ECF system. (fdc)
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Filing 51
MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO TRANSFER IS GRANTED. SIGNED BY HONORABLE CHAD F. KENNEY ON 10/5/22. 10/5/22 ENTERED & E-MAILED. MAILED TO PRO SE DEFENDANT. (fdc)
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Filing 50
MEMORANDUM AND OPINION. SIGNED BY HONORABLE CHAD F. KENNEY ON 10/5/22. 10/5/22 ENTERED & E-MAILED. MAILED TO PRO SE DEFENDANT. (fdc)
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Filing 49
Copy of Order/Notice dated 8/30/22; 8/31/22 (Document # 47,48) and envelope returned from the U.S. Postal Service addressed to DAN HUMAN for the following reason: UNABLE TO FORWARD. (JL)
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Case Opening Notification. Judge Assigned: Honorable Rodney W. Sippel. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate within 10 days of the filing of the first pleading or entry of appearance # (moed-0001.pdf). Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JWD)
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Filing 48
NOTICE. RE: DEFENDANT TIMESHARE HELP SOURCEM, LCC SHALL FILE ITS RESPONSIVE PLEADING TO THE AMENDED COMPLAINT #40 ON OR BEFORFE 10/11/22 BY 12 PM. SIGNED BY HONORABLE CHAD F. KENNEY ON 8/30/22. 8/31/22 ENTERED AND COPIES MAILED & E-MAILED. (fdc)
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Filing 47
ORDER THAT PLAINTIFF'S #44 MOTION FOR CONTEMPT AND SANCTIONS IS DENIED. SIGNED BY HONORABLE CHAD F. KENNEY ON 8/30/22.8/30/22 ENTERED & E-MAILED. NOT MAILED TO PRO SE DEFENDANT. (fdc)
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DOC 47 MAILED TO HUMAN (rf, )
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Filing 46
REPLY to Response to Motion re #44 MOTION for Contempt for Dan Human and Sanctions and Opposes to Dan Human's Motion to Dismiss filed by ANDREW PERRONG. (Attachments: #1 Exhibit A)(PARONICH, ANTHONY)
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Filing 45
Pro Se Response of Dan Human to Plaintiff's Motion for Sanctions and Motion to Dismiss, Certificate of Service. **(BEST SCAN, PDF MATCHES PAPER COPY)** (fdc) Modified on 8/29/2022 (amas). Modified on 8/29/2022 (tjd).
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Filing 44
MOTION for Contempt for Dan Human and Sanctions filed by ANDREW PERRONG.. (Attachments: #1 Exhibit 1 -- Declaration of Anthony Paronich)(PARONICH, ANTHONY)
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Filing 43
WAIVER OF SERVICE Returned Executed by ANDREW PERRONG. DAN HUMAN waiver sent on 8/9/2022, answer due 10/11/2022. (PARONICH, ANTHONY)
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Filing 42
WAIVER OF SERVICE Returned Executed by ANDREW PERRONG. EDUARDO BALDERAS waiver sent on 8/9/2022, answer due 10/11/2022. (PARONICH, ANTHONY)
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Filing 41
Summons Issued as to EDUARDO BALDERAS, DAN HUMAN. E-mailed To: Anthony Paronich on 8/4/22 (fdc)
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Filing 40
AMENDED COMPLAINT against TIMESHARE HELP SOURCE, LLC, DAN HUMAN, EDUARDO BALDERAS, filed by ANDREW PERRONG.(fdc)
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Filing 39
ORDER THAT PLAINTIFF'S #38 MOTION TO AMEND THE COMPLAINT IS GRANTED. THE CLERK IS DIRECTED TO DOCKET EXHIBIT 1 TO THE MOTION TO AMEND AS PLAINTIFF'S FIRST AMENDED COMPLAINT.SIGNED BY HONORABLE CHAD F. KENNEY ON 8/4/22.8/4/22 ENTERED & E-MAILED.(fdc)
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Filing 38
MOTION to Amend/Correct #1 Complaint (Attorney),,, filed by ANDREW PERRONG.. (Attachments: #1 Exhibit 1 -- Proposed First Amended Complaint)(PARONICH, ANTHONY)
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Filing 37
NOTICE: UPON CONSIDERATION OF DEFENSE COUNSEL'S ATTACHED EMAIL LETTER TO THE COURT, THE COURT HEREBY TAKES NOTICE OF THE CONTENTS OF THE EMAIL AND COUNSEL'S OBJECTION TO THE COURT AND AS OUTLINED HEREIN. SIGNED BY HONORABLE CHAD F. KENNEY ON 8/2/2022. 8/2/2022 ENTERED AND COPIES E-MAILED. (sme)
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Filing 36
ORDER: UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR ORDER TO SHOW CAUSE (ECF NO. 33), AND THE COURT'S AUGUST 2, 2022 ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL AND CANCELLING TODAY'S HEARING (ECF NO. 35), IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION FOR ORDER TO SHOW CAUSE (ECF NO. 33) IS DENIED. SIGNED BY HONORABLE CHAD F. KENNEY ON 8/2/2022. 8/2/2022 ENTERED AND COPIES E-MAILED. (sme)
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Filing 35
ORDER: UPON CONSIDERATION OF PLAINTIFF'S MOTION TO COMPEL (ECF NO. 16), AND DEFENDANT'S TOTAL LACK OF COOPERATION IN DISCOVERY AND FAILURE TO RESPOND TO THE COURTS ORDERS, IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION TO COMPEL (ECF NO. 16) IS GRANTED IN FULL. IT IS FURTHER ORDERED THAT THE HEARING SCHEDULED FOR TODAY (ECF NOS. 26, 30, 32) IS CANCELLED. DEFENDANT'S OBJECTIONS FILED LAST NIGHT (ECF NO. 33) ARE A CONTINUATION OF A PATTERN OF COMPLETE REFUSAL TO RESPOND TO DISCOVERY OR IDENTIFY A SINGLE PERSON AT TIMESHARE HELP SOURCE LLC THAT IS RESPONSIBLE OR ANSWERABLE TO THE COMPLAINT. THE COURT HAS REPEATEDLY ASKED DEFENDANT AND DEFENSE COUNSEL TO IDENTIFY RESPONSIBLE OFFICERS AT TIMESHARE HELP SOURCE, AND AFTER DEFENSE COUNSEL IDENTIFIES A PERSON, THE COURT IS THEN INFORMED THAT THE PERSON NO LONGER WORKS THERE AND HAS NO RELEVANT INFORMATION. SEE ECF NOS. 29, 31, 33. THIS LAWSUIT WILL NOW TAKE ITS COURSE TOWARDS JUDGMENT, CONTEMPT, OR WHATEVER DISPOSITION IS REACHED BASED ON THE DIRECTION PLAINTIFF TAKES IN THIS CASE AND THE RESPONSE, OR LACK OF RESPONSE, OF DEFENDANT. SIGNED BY HONORABLE CHAD F. KENNEY ON 8/2/2022. 8/2/2022 ENTERED AND COPIES E-MAILED. (sme)
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Filing 34
Objections by TIMESHARE HELP SOURCE, LLC re #32 Order, . (Attachments: #1 Exhibit Statement of Dan Human)(GOLDMAN, ARTHUR)
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Filing 33
MOTION for Order to Show Cause filed by ANDREW PERRONG..(PARONICH, ANTHONY)
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Filing 32
ORDER THAT MR. CHRISTOPHER PROSSER IS NO LONGER REQUIRED TO APPEAR AT THE 8/2/22 HEARING #26 . MR. DAN HUMAN, DIRECTOR OF OPERATIONS AT TIMESHARE HELP SOURCE LLC IS REQUIRED TO APPEAR AT THE 8/2/22 HEARING AT 9:00 AM. #26 SIGNED BY HONORABLE CHAD F. KENNEY ON 7/19/22. 7/19/22 ENTERED & E-MAILED.(fdc)
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Filing 31
Response to the Court Order by Non-Party CHRISTOPHER PROSSER. No Envelope. (fdc) Modified on 7/20/2022 (tjd).
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Filing 30
ORDER: UPON CONSIDERATION OF DEFENSE COUNSEL'S EMAIL LETTER (ECF NO. 29), IT IS HEREBY ORDERED AS FOLLOWS: 1. ATTORNEY ARTHUR GOLDMAN AND MR. CHRISTOPHER PROSSER SHALL BOTH APPEAR AT THE HEARING AT 9:00 A.M. ON AUGUST 2, 2022 (ECF NO. 26); 2. MR. PROSSER SHALL PROVIDE TO CHAMBERS BY WEDNESDAY, JULY 20, 2022 AT 12:00 P.M. THE CONTACT INFORMATION, NAME, AND POSITION OF AN AUTHORIZED PERSON AT TIMESHARE HELP SOURCE LLC, AS WELL AS THE NAME AND POSITIONS AND CONTACT INFORMATION FOR THOSE WHO PROVIDED MR. PROSSER WITH THE INFORMATION THAT THE SALES MANAGER IS NO LONGER EMPLOYED BY THE DEFENDANT AND THAT THE DEFENDANT IS TALKING TO ATTORNEYS REGARDING BANKRUPTCY, OR MR. PROSSER MAY BE SUBJECT TO A CONTEMPT HEARING FOR FAILURE TO PROVIDE THIS INFORMATION. THIS COURT HAS MADE IT CLEAR THAT IT IS LOOKING TO BE PROVIDED THIS INFORMATION AND IT HAS NOT BEEN FORTHCOMING. SIGNED BY HONORABLE CHAD F. KENNEY ON 7/18/2022. 7/18/2022 ENTERED AND COPIES E-MAILED. (sme)
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Filing 29
Email from Arthur D. Goldman, Esquire dated 7/15/2022. (sme)
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Filing 28
Notice of Filing of Official Transcript with Certificate of Service re #27 Transcript - PDF,, 7/11/22 Entered & E-mailed. (fdc)
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Filing 27
TRANSCRIPT of Motion to Compel Hearing held on 6/30/22, before Judge Kenney. Court Reporter/Transcriber: Karen Schiffmiller, CET**D-570, eScribers. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2022. Redacted Transcript Deadline set for 8/11/2022. Release of Transcript Restriction set for 10/11/2022. (fdc)
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Filing 26
ORDER THAT THE MOTION TO COMPEL DISCOVERY #16 IS GRANTED IN PART AND CONTINUED IN PART, SO THAT THE MOTION REMAINS AN OPEN MOTION. IT IS FURTHER ORDERED THAT AN IN-PERSON HEARING IS SCHEDULED FOR 9:00 AM ON 8/2/22 IN COURTROOM 11B BEFORE HONORABLE CHAD F. KENNEY. SIGNED BY HONORABLE CHAD F. KENNEY ON 6/30/22. 6/30/22 ENTERED & E-MAILED.(fdc)
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Filing 25
Minute Entry for proceedings held before HONORABLE CHAD F. KENNEYin Courtroom 11B Motion Hearing held on 6/30/22 re #16 MOTION to Compel Discovery Responses from Defendant filed by ANDREW PERRONG Court Reporter: ESR. (fdc)
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Filing 24
REPLY to Response to Motion re #16 MOTION to Compel Discovery Responses from Defendant filed by TIMESHARE HELP SOURCE, LLC. (Attachments: #1 Exhibit Supplemental Discovery Response)(GOLDMAN, ARTHUR)
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Filing 23
ORDER THAT DEFENSE COUNSEL MUST PLACE ON THE RECORD ALL GENERAL PARTNERS AND SHAREHOLDERS OF MAINLINE PARTNERS, INCLUDING ANYONE WHO HAS EVEN A 1 PERCENT INTEREST, BY WEDNESDAY, 7/6/22 AT 12:00 PM. SIGNED BY HONORABLE CHAD F. KENNEY ON 6/29/22. 6/29/22 ENTERED & E-MAILED. (fdc)
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Filing 22
ORDER THAT DEFENSE COUNSEL MUST IDENTIFY ALL SHAREHOLDERS OF DEFENDANT TIMESHARE HELP SOURCE LLC AND THOSE WHO HAVE A 1 PERCENT EQUITY INTEREST IN THE LLC, BY TUESDAY, 6/28/22 AT 12:00 PM. SIGNED BY HONORABLE CHAD F. KENNEY ON 6/22/22. 6/22/22 ENTERED & E-MAILED.(fdc)
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Filing 21
REPLY to Response to Motion re #16 MOTION to Compel Discovery Responses from Defendant filed by ANDREW PERRONG. (PARONICH, ANTHONY)
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Filing 20
RESPONSE to Motion re #16 MOTION to Compel Discovery Responses from Defendant filed by TIMESHARE HELP SOURCE, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Text of Proposed Order Proposed Order)(GOLDMAN, ARTHUR)
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Filing 19
ORDER: UPON REVIEW OF DEFENDANT'S LETTER REQUESTING A CONTINUANCE (ECF NO. 18), IT IS HEREBY ORDERED THAT THE HEARING ON PLAINTIFF'S MOTION TO COMPEL (ECF NO. 16) IS CONTINUED TO JUNE 30, 2022 AT 9 A.M. IN COURTROOM 11B. MR. PERRONG MUST BE PRESENT AT THE HEARING AS WELL AS THE GENERAL PARTNER OF TIMESHARE HELP SOURCE LLC OR SHAREHOLDERS REPRESENTING A MAJORITY INTEREST IN TIMESHARE HELP SOURCE LLC. IT IS FURTHER ORDERED THAT DEFENDANT SHALL FILE A RESPONSE TO THE MOTION TO COMPEL BY 12:00 P.M. ON JUNE 23, 2022 AND AS OUTLINED HEREIN. COUNSEL MUST EMAIL CHAMBERS ON OR BEFORE JUNE 17, 2022 BY 12:00 P.M. THAT THEY HAVE READ AND UNDERSTOOD THIS ORDER AND HAVE NOTIFIED THOSE ORDERED TO BE PRESENT TO APPEAR. SIGNED BY HONORABLE CHAD F. KENNEY ON 6/16/2022. 6/16/2022 ENTERED AND COPIES E-MAILED. (sme)
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Filing 18
Letter dated 6/15/22 by TIMESHARE HELP SOURCE, LLC. (GOLDMAN, ARTHUR)
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Filing 17
ORDER THAT DEFENDANT SHALL FILE A RESPONSE TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY #16 ON OR BEFORE 12:00 PM ON JUNE 14, 2022. IT IS FURTHER ORDERED THAT A HEARING ON THE MOTION #16 IS SCHEDULED FOR 9:30 AM ON JUNE 16, 2022 IN COURTROOM 11B BEFORE HONORABLE CHAD F. KENNEY. SIGNED BY HONORABLE CHAD F. KENNEY ON 6/7/22. 6/7/22 ENTERED & E-MAILED.(fdc)
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Filing 16
MOTION to Compel Discovery Responses from Defendant filed by ANDREW PERRONG.. (Attachments: #1 Exhibit 1 -- First Set of Discovery to Defendant)(PARONICH, ANTHONY)
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Filing 15
SCHEDULING ORDER. ORDER THAT ALL MOTIONS TO AMEND/JOIN ARE DUE BY 6/30/22.EXPERT DISCOVERY IS DUE BY 12/19/22. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION FOR CLASS CERTIFICATION ARE DUE BY 1/18/23. SIGNED BY HONORABLE CHAD F. KENNEY ON 5/26/22. 5/26/22 ENTERED & E-MAILED.(fdc)
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Filing 14
Minute Entry for proceedings held before HONORABLE CHAD F. KENNEY in Courtroom 11B. Re: A Rule 16 Pretrial Conference was held on 5/26/22. Court Reporter: ESR. (fdc)
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Filing 13
ORDER THAT DEFENDANT'S #11 MOTION TO DISMISS FOR LACK OF JURISDICTION IS DENIED. SIGNED BY HONORABLE CHAD F. KENNEY ON 5/11/22.5/11/22 ENTERED & E-MAILED.(fdc)
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Filing 12
RESPONSE in Opposition re #11 MOTION to Dismiss for Lack of Jurisdiction filed by ANDREW PERRONG. (PARONICH, ANTHONY)
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Filing 11
MOTION to Dismiss for Lack of Jurisdiction filed by TIMESHARE HELP SOURCE, LLC.Certificate of Service.(GOLDMAN, ARTHUR)
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Filing 10
REPORT OF RULE 26(f) MEETING by ANDREW PERRONG.(PARONICH, ANTHONY) Modified on 5/4/2022 (tjd).
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Filing 9
ORDER THAT THE ON THE RECORD INITIAL PRETRIAL CONFERENCE IS RESCHEDULED FOR 5/26/22 AT 10:30 AM BEFORE HONORABLE CHAD F. KENNEY. SIGNED BY HONORABLE CHAD F. KENNEY ON 4/27/22. 4/27/22 ENTERED & E-MAILED.(fdc)
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Filing 8
Letter dated April 27, 2022 by ANDREW PERRONG. (PARONICH, ANTHONY)
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Filing 7
ORDER THAT THE ABOVE-CAPTIONED CASE IS HEREBY REFERRED TO MAGISTRATE JUDGE LYNNE A. SITARSKI TO CONDUCT A SETTLEMENT CONFERENCE. IT IS FURTHER ORDERED THAT AN ON THE RECORD INITIAL PRETRIAL CONFERENCE (RULE 16) IS SCHEDULED FOR TUESDAY, 5/17/22 AT 10:00 AM IN COURTROOM 11B BEFORE HONORABLE CHAD F. KENNEY. REPORT OF RULE 26(f) MEETING IS DUE ON OR BEFORE 5/12/22 BY 12:00 PM. SIGNED BY HONORABLE CHAD F. KENNEY ON 4/21/22. 4/21/22 ENTERED & E-MAILED.(fdc)
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Filing 6
ANSWER to Complaint by TIMESHARE HELP SOURCE, LLC.(GOLDMAN, ARTHUR)
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Filing 5
Affidavit of Service by ANDREW PERRONG re: Michael Rosedale served Summons and Complaint upon TIMESHARE HELP SOURCE, LLC by Personal Service on CT Corporation System. TIMESHARE HELP SOURCE, LLC served on 3/23/2022, answer due 4/13/2022. (PARONICH, ANTHONY) Modified on 3/25/2022 (tjd).
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Filing 4
ORDER THAT PLAINTIFF'S #3 MOTION FOR THE PRO HAC VICE ADMISSION OF ANTHONY PARONICH, ESQ. IS GRANTED. SIGNED BY HONORABLE CHAD F. KENNEY ON 3/23/22.3/23/22 ENTERED & E-MAILED.(fdc)
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Filing 3
MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number APAEDC-15805429.) filed by ANDREW PERRONG.Certificate of Service.(JACKSON, JEREMY)
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Filing 2
ORDER THAT COUNSEL CONTEMPLATING FILING A MOTION UNDER FRCP 12(B)(6),(E), OR (F), SHALL FIRST CONTACT OPPOSING COUNSEL TO DISCUSS THE SUBSTANCE OF THE CONTEMPLATED MOTION AND TO PROVIDE AN OPPORTUNITY TO CURE ANY ALLEGED PLEADING DEFICIENCIES OR STRIKE CERTAIN MATTER. THIS CONFERENCE SHALL TAKE PLACE AT LEAST SEVEN (7) DAYS BEFORE THE FILING OF THE MOTION. SIGNED BY HONORABLE CHAD F. KENNEY ON 3/22/22. 3/22/22 ENTERED AND E-MAILED.(fdc)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number APAEDC-15803885.), filed by ANDREW PERRONG. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Case Management Track Form, #4 Text of Proposed OrCOMPLAINT against All Defendants ( Filing fee $ 402 receipt number APAEDC-15803885.), filed by ANDREW PERRONG. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Case Management Track Form, #4 Text of Proposed Order Proposed Summons)(JACKSON, JEREMY) (Attachment 1 replaced on 3/22/2022) (sbt). (Attachment 2 replaced on 3/22/2022) (sbt). der Proposed Summons)(JACKSON, JEREMY) (Attachment 1 replaced on 3/22/2022) (sbt). (Attachment 2 replaced on 3/22/2022) (sbt).
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Summons Issued as to TIMESHARE HELP SOURCE, LLC. Forwarded To: Jeremy C. Jackson on 3/22/22 (fdc)
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