McCarthy v. Credit Control, LLC et al
Plaintiff: Michael McCarthy
Defendant: Credit Control, LLC and LVNV Funding, LLC
Case Number: 4:2023cv00905
Filed: July 14, 2023
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Henry Edward Autrey
Referring Judge: Shirley Padmore Mensah
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 1, 2023 Filing 27 Consent MOTION for Extension of Time to File Response/Reply as to #25 Response in Opposition to Motion,, by Defendant Credit Control, LLC. (Bell, Matthew)
August 29, 2023 Filing 26 UPDATED DISCLOSURE STATEMENT by Credit Control, LLC, Credit Control Holdings, Inc., Resurgent Strategic Investments, LLC.. (Watts, Patrick) Modified on 8/30/2023 (CBL).
August 28, 2023 Filing 25 RESPONSE in Opposition re #22 MOTION to Dismiss Case filed by Plaintiff Michael McCarthy. (Attachments: #1 Exhibit Related Case Data, #2 Exhibit Bills of Sale, #3 Exhibit Secretary of State Records for Resurgent Companies, #4 Exhibit Secretary of State Records for Resurgent Capital Services, LP, #5 Exhibit Secretary of State Records for Resurgent Strategic Investments, LLC, #6 Exhibit Ownership Share Distribution of Credit Control, #7 Exhibit Certificates of Interested Parties)(Barshay, David)
August 22, 2023 Filing 24 ENTRY of Appearance by Matthew John Bell for Defendant Credit Control, LLC. (Bell, Matthew)
August 14, 2023 Filing 23 MEMORANDUM in Support of Motion re #22 MOTION to Dismiss Case filed by Defendant Credit Control, LLC. (Attachments: #1 Exhibit 1 - List of Cases)(Watts, Patrick)
August 14, 2023 Filing 22 MOTION to Dismiss Case by Defendant Credit Control, LLC. (Watts, Patrick)
August 10, 2023 Opinion or Order Filing 21 CASE MANAGEMENT ORDER. This case is assigned to Track 2: Standard. Motion to Join Parties due by 9/25/2023. Discovery Completion due by 3/15/2024. Non-Dispositive Motions due by 3/26/2024. Dispositive Motions due by 4/15/2024. Pretrial Compliance due by 8/5/2024. Motion in Limine due by 8/5/2024. Jury Trial set for 8/19/2024 09:30 AM in Courtroom 10N - St. Louis before District Judge Henry Edward Autrey. Signed by District Judge Henry Edward Autrey on 8/10/2023. (HMA)
August 10, 2023 Opinion or Order Filing 20 ORDER. IT IS HEREBY ORDERED that the scheduling conference pursuant to Fed.R.Civ.P. 16, is vacated. The Case Management Order will be issued based on the dates provided by the parties in their Joint Proposed Scheduling Plan. Signed by District Judge Henry Edward Autrey on 8/10/2023. (HMA)
August 8, 2023 Filing 19 JOINT SCHEDULING PLAN by Plaintiff Michael McCarthy. . (Barshay, David)
August 4, 2023 Filing 18 CJRA ORDER (GJL). Magistrate Judge Shirley Padmore Mensah termed. Case reassigned to District Judge Henry Edward Autrey for all further proceedings. (HMA)
July 31, 2023 Filing 17 AMENDED COMPLAINT against defendant Credit Control, LLC,Terminating Michael McCarthy, LVNV Funding, LLC and LVNV Funding, LLC Jury demand, , filed by Michael McCarthy.(Barshay, David)
July 27, 2023 Filing 16 ENTRY of Appearance by Ke Liu for Defendant LVNV Funding, LLC, Counter Claimant LVNV Funding, LLC. (Liu, Ke)
July 27, 2023 Filing 15 ENTRY of Appearance by Jeffrey D. Pilgrim for Defendant LVNV Funding, LLC, Counter Claimant LVNV Funding, LLC. (Pilgrim, Jeffrey)
July 21, 2023 Filing 14 DISCLOSURE STATEMENT by Credit Control, LLC, Credit Control Holdings, Inc... (Watts, Patrick)
July 21, 2023 Filing 13 ANSWER to Complaint by Credit Control, LLC.(Watts, Patrick)
July 21, 2023 Filing 12 ENTRY of Appearance by Patrick A. Watts for Defendant Credit Control, LLC. (Watts, Patrick)
July 19, 2023 Opinion or Order Filing 11 ORDER SETTING RULE 16 CONFERENCE. This case is assigned to Track: Track 2 (Standard). Notice re: Magistrate Judge Jurisdiction due by 8/4/2023. Joint Scheduling Plan due by 8/8/2023. Rule 16 Conference set for 8/15/2023 09:30 AM in Zoom Video Conference before Magistrate Judge Shirley Padmore Mensah. Signed by Magistrate Judge Shirley Padmore Mensah on 7/19/23. (EAB) Modified conference location on 7/21/2023 (CLH).
July 18, 2023 Filing 10 ENTRY of Appearance by David Michael Barshay for Plaintiff Michael McCarthy, Counter Defendant Michael McCarthy. (Barshay, David)
July 17, 2023 Filing 9 DISCLOSURE STATEMENT by Michael McCarthy. No corporate parents or affiliates identified. (Klote, Gregory)
July 14, 2023 Filing 8 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, including any case budgeting matters. (auto)
July 14, 2023 Filing 7 Amended Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Michael McCarthy.(JBH)
July 14, 2023 Filing 6 Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Michael McCarthy.(JBH)
July 14, 2023 Filing 5 ANSWER to Complaint and Affirmative Defenses, COUNTERCLAIM against plaintiff Michael McCarthy by LVNV Funding, LLC. (Attachments: #1 Exhibit 1 - Cardholder Agreement, #2 Exhibit 2 - Billing Statements)(Christakis, Anna-Katrina)
July 14, 2023 Filing 4 DISCLOSURE STATEMENT by LVNV Funding, LLC, Sherman Originator, LLC.. (Christakis, Anna-Katrina)
July 14, 2023 Filing 3 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant LVNV Funding, LLC Sent To: Plaintiff (Attachments: #1 Exhibit A - Notice of Removal)(Christakis, Anna-Katrina)
July 14, 2023 Filing 2 ENTRY of Appearance by Anna-Katrina S Christakis for Defendant LVNV Funding, LLC. (Christakis, Anna-Katrina)
July 14, 2023 Filing 1 NOTICE OF REMOVAL from St. Louis County Circuit Court, case number 23SL-CC01474, with receipt number AMOEDC-10047681, in the amount of $402 Jury Demand,, filed by LVNV Funding, LLC. (Attachments: #1 Exhibit 1 - Docket Sheet and State Court Documents, #2 Exhibit 2 - Consent to Removal, #3 Original Filing Form, #4 Civil Cover Sheet)(Christakis, Anna-Katrina)
July 14, 2023 Case Opening Notification. Judge Assigned: Honorable Shirley P. Mensah. 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. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JBH)

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Plaintiff: Michael McCarthy
Represented By: Gregory Michael Klote
Represented By: David Michael Barshay
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Defendant: Credit Control, LLC
Represented By: Patrick A. Watts
Represented By: Matthew John Bell
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Defendant: LVNV Funding, LLC
Represented By: Anna-Katrina S Christakis
Represented By: Jeffrey D. Pilgrim
Represented By: Ke Liu
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