Neely v. MRI Software, LLC et al.
| Marvell Anthony Neely |
| MRI Software, LLC doing business as Trusted Employees, Vita Property Management Group LLC, Does 1-10 inclusive and Albin Acquisition Corporation |
| 4:2023cv00941 |
| July 27, 2023 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Stephen R Clark |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Both |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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Filing 49
ENTRY of Appearance by William R. Bay for Defendant Albin Acquisition Corporation. (Bay, William)
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Filing 48
ANSWER to #39 Amended Complaint by Albin Acquisition Corporation.(Schwahn, Derek)
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Filing 47
ENTRY of Appearance by Derek Schwahn for Defendant Albin Acquisition Corporation. (Schwahn, Derek)
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Filing 46
Docket Text ORDER: Having considered Neely's response to the Court's Show Cause Order, Doc. #44 , the Court discharges the 43 Show Cause Order. Signed by Chief District Judge Stephen R. Clark on 9/22/2023. (LNJ)
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Filing 45
STIPULATION Consenting to Filing of Plaintiff's First Amended Complaint for Damages by Plaintiff Marvell Anthony Neely. (Fok, Devin)
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Filing 44
RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Marvell Anthony Neely filed by Plaintiff Marvell Anthony Neely. (Fok, Devin)
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Filing 43
Docket Text ORDER: On August 18, 2023, the Court ordered Marvell Neely to file his response to Albin Acquisition's Partial Motion to Dismiss by September 1, 2023. Instead, Neely filed his Amended Complaint on September 8, 2023. The Court orders Neely to show cause why the Court should excuse his failure to comply with the Court's September 1, 2023 order and allow him to amend his petition after Rule 15(1)'s deadline for amendments as a matter of course has passed. Neely must submit his response to this order by September 21. (Show Cause Response due by 9/21/2023.) Signed by Chief District Judge Stephen R. Clark on 9/13/2023. (LNJ)
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Filing 42
NOTICE by Defendant Albin Acquisition Corporation re #17 Motion to dismiss , #18 Motion to Take Judicial Notice Notice That Motion to Dismiss and Motion to Take Judicial Notice Are Moot (Bay, William)
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Filing 41
Docket Text ORDER: The Court grants the Defendant's Motion to Withdraw as Attorney re attorney/firm Katherine J. Mills #40 . Attorney Katherine J. Mills terminated. Signed by Chief District Judge Stephen R. Clark on 9/13/2023. (CLT)
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Filing 40
MOTION to Withdraw as Attorney re attorney/firm Katherine J. Mills by Defendant Vita Property Management Group LLC. (Mills, Katherine)
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Filing 39
AMENDED COMPLAINT Marvell Anthony Neely against defendant All Defendants 02/17/23 Summons(es) issued, Waivers issued none, Consents issued 02/17/23, Jury demand, Marvell Anthony Neely, filed by Marvell Anthony Neely.(Fok, Devin)
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Filing 38
Docket Text ORDER: By no later than September 18, 2023, Attorney Ainat Kiewe must seek admission-either by pro hac or general admission-if Kiewe intends to continue representing Plaintiff Marvell Anthony Neely in this case. (Response to Court due by 9/18/2023.) Signed by Chief District Judge Stephen R. Clark on 9/7/2023. (CLT)
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Filing 37
Docket Text ORDER: The Court grants Attorney Matthew Miller-Novak's #35 Motion to Withdraw as Counsel. Attorney Matthew E. Miller-Novak terminated. Signed by Chief District Judge Stephen R. Clark on 9/7/2023. (CLT)
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Filing 36
CJRA ORDER (GJL). Magistrate Judge Stephen R. Welby termed. Case reassigned to Chief District Judge Stephen R. Clark for all further proceedings (KJS)
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Filing 35
MOTION to Withdraw as Counsel re attorney Matthew Miller-Novak by Plaintiff Marvell Anthony Neely. (CMC)
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Filing 34
ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Magistrate Judge Stephen R. Welby: Status Conference held on 8/18/2023. Re: #17 Partial Motion to dismiss and #18 Motion to Take Judicial Notice. The Court grants plaintiff until September 1, 2023 to response to both motions. All parties must file magistrate consent form to the court. (proceedings started: 10:00 am) (proceedings ended: 10:14 am) (Recorded on Zoom by: JParker)(Appearance for Plaintiff: Ainat Kiewe)(Appearance for Defendant: Derek Schwahn/William R. Bay/Katherine J. Mills/ O. Scott Coghlan ) (JMP)
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Filing 33
ENTRY of Appearance by William R. Bay for Defendant MRI Software, LLC. (Bay, William)
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Filing 32
DISCLOSURE STATEMENT by MRI Software, LLC, MRI Software LLC, MRI Intermediate Holdings II, LLC, MRI Intermediate Holdings, LLC, MRI Holdings, LLC, MRI Parent Holdings, LLC.. (Schwahn, Derek)
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Filing 31
Electronic Notice re: Disclosure Statement to Defendant MRI Software, LLC. 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 and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (CBL)
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Filing 30
Docket Text ORDER: A status conference is set for August 18, 2023, at 10:00 a.m. by Zoom. So Ordered by Judge Stephen R. Welby on 08/15/23. (MCC)
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Filing 29
ANSWER to #1 Complaint, by Vita Property Management Group LLC.(Mills, Katherine)
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Filing 28
DISCLOSURE STATEMENT by Vita Property Management Group LLC. No corporate parents or affiliates identified. (Mills, Katherine)
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Filing 27
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)
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Filing 26
Case transferred in from District of Ohio Northern; Case Number 1:23-cv-00311. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically.
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Filing 25
Order. Pursuant to the #24 Memorandum of Opinion and Order issued in the above-captioned case, Defendant Vita Property Management Group, LLC's Motion to Dismiss for Lack of Personal Jurisdiction (ECF #13 ) is DENIED as moot; Plaintiff's Request to Transfer Venue Pursuant to 28 U.S.C. 1406(a) (ECF #22 ), to the U.S. District Court for the Eastern District of Missouri, Eastern Division, is GRANTED. Accordingly, the Clerk of Court is directed to TRANSFER this matter to the United States District Court for the Eastern District of Missouri, Eastern Division, pursuant to 28 U.S.C. 1406(a). IT IS SO ORDERED. Judge Donald C. Nugent on 7/27/2023. (M,S)
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Filing 24
Memorandum Opinion and Order. Defendant Vita Property Management Group, LLC's Motion to Dismiss for Lack of Personal Jurisdiction (ECF #13 ) is DENIED as moot, and Plaintiff's Request to Transfer Venue Pursuant to 28 U.S.C. 1406(a) (ECF #22 ), to the U.S. District Court for the Eastern District of Missouri, Eastern Division, is GRANTED. Accordingly, the Clerk of Court is directed to TRANSFER this matter to the United States District Court for the Eastern District of Missouri, Eastern Division, pursuant to 28 U.S.C. 1406(a). IT IS SO ORDERED. Judge Donald C. Nugent on 7/27/2023. (M,S)
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Case Opening Notification. Judge Assigned: Honorable Stephen R. Welby. 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). 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 23
Reply in support of #13 Motion to dismiss for lack of jurisdiction filed by Vita Property Management Group LLC. (Coghlan, O.)
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Filing 22
Opposition to #13 Motion to dismiss for lack of jurisdiction, and Motion to transfer to the District of Minnesota filed by Marvell Anthony Neely. (Fok, Devin) Modified link and added motion on 5/25/2023 (S,HR).
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Filing 21
Stipulated Protective Order regarding confidential documents. Judge Donald C. Nugent on 4/27/2023. (M,S)
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Filing 20
Minutes of proceedings before Judge Donald C. Nugent. Telephonic Case Management Conference held on 4/26/2023. Case is assigned to the standard track. Discovery due by 12/1/2023. Pending Motions to Dismiss. Plaintiff to Respond. Status Conference set for 8/15/2023 at 11:30 AM in to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 15 minutes. (M,S)
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Filing 19
Joint Motion for protective order filed by Defendant MRI Software, LLC. (Attachments: #1 Exhibit 1. Stipulated Protective Order)(Schwahn, Derek)
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Filing 18
Motion to Take Judicial Notice filed by Defendant MRI Software, LLC. Related document(s) #17 . (Attachments: #1 Brief in Support Declaration of Derek Schwahn)(Schwahn, Derek)
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Filing 17
Partial Motion to dismiss filed by Defendant MRI Software, LLC. Related document(s) #1 . (Attachments: #1 Memorandum in Support, #2 Exhibit A. Tennessee Records)(Schwahn, Derek)
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Filing 16
Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and LR 16.3(B) - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Fok, Devin)
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Filing 15
Marginal Entry Order granting Motion for appearance pro hac vice by attorney Derek Schwahn for MRI Software, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #14 ). Judge Donald C. Nugent on 4/19/2023.(M,S)
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Filing 14
Motion for attorney Derek Schwahn to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11952071, filed by Defendant MRI Software, LLC. (Attachments: #1 Brief in Support Declaration of Derek Schwahn)(Raether, Ronald)
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Filing 13
Motion to dismiss for lack of jurisdiction with memorandum in support filed by Defendant Vita Property Management Group LLC. Related document(s) #1 . (Attachments: #1 Affidavit of Steve Sisson, #2 Exhibit A to the Affidavit of Steve Sisson)(Coghlan, O.)
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Filing 12
Corporate Disclosure Statement filed by Vita Property Management Group LLC. (Coghlan, O.)
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Filing 11
Case Management Conference Scheduling Order with case management conference on 4/26/2023 at 09:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Judge Donald C. Nugent on 4/1/2023. (M,S)
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Order [non-document] granting Defendant's #9 Unopposed Motion for extension of time until April 24, 2023 to answer. MRI Software, LLC answer due 4/24/2023. Judge Donald C. Nugent on 3/23/2023. (M,S)
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Filing 10
Corporate Disclosure Statement identifying Corporate Parent MRI Software LLC, Corporate Parent MRI Intermediate Holdings II, LLC, Corporate Parent MRI Intermediate Holdings, LLC, Corporate Parent MRI Holdings, LLC, Corporate Parent MRI Parent Holdings, LLC for MRI Software, LLC filed by MRI Software, LLC. (Raether, Ronald)
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Filing 9
Unopposed Motion for extension of time until April 24, 2023 to answer filed by Defendant MRI Software, LLC. (Attachments: #1 Proposed Order)(Raether, Ronald)
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Order [non-document] granting Defendant's Motion for leave to Plead until April 14, 2023 (Related Doc #8 ). Judge Donald C. Nugent on 3/23/2023.(M,S)
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Filing 8
Motion for leave to Plead filed by Defendant Vita Property Management Group LLC. (Coghlan, O.)
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Filing 7
Affidavit of Service by personal service executed upon Vita Property Management Group LLC on 3/3/2023, filed on behalf of Marvell Anthony Neely (Fok, Devin)
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Filing 6
Return of Service by personal service executed upon MRI Software, LLC on 3/3/2023, filed on behalf of Marvell Anthony Neely (Fok, Devin)
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Filing 5
Supplement to Complaint, - 1. Consumer Report, filed by Marvell Anthony Neely. Related document(s) #1 . (Miller-Novak, Matthew)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Devin H. Fok for Marvell Anthony Neely. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #4 ). Judge Donald C. Nugent on 2/22/2023. (M,S)
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Filing 4
Motion for attorney Devin H. Fok to Appear Pro Hac Vice with Declaration in support. Filing fee $ 120, receipt number AOHNDC-11848556, filed by Plaintiff Marvell Anthony Neely. (Attachments: #1 Certificate of Good Standing)(Miller-Novak, Matthew) Modified on 2/22/2023 (Mc,K).
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Filing 3
Original Summons and Magistrate Consent Form issued to counsel for service upon MRI Software, LLC and Vita Property Management Group LLC. (Attachments: #1 Magistrate Consent Form) (R,AP)
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Filing 2
Supplement to Complaint - Summons in a Civil Action, filed by Marvell Anthony Neely. Related document(s) #1 . (Miller-Novak, Matthew)
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Filing 1
Complaint for damages and demand for jury trial against All Defendants. Filing fee paid $402.00. Receipt number AOHNDC-11846315. Filed by Marvell Anthony Neely. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Miller-Novak, Matthew)
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Judge Donald C. Nugent assigned to case. (R,AP)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (R,AP)
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