Van Elzen v. Cody Askins LLC et al
Plaintiff: David Van Elzen
Defendant: Cody Askins LLC, 8 Percent Nation LLC and Cody Askins
Case Number: 6:2023cv00037
Filed: January 17, 2023
Court: US District Court for the Western District of Missouri
Presiding Judge: Stephen R Bough
Nature of Suit: Telephone Consumer Protection Act (TCPA)
Cause of Action: 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 19, 2023 Filing 26 AMENDED NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order) NOTE: Previous MAP assignment to Magistrate Judge Gaddy vacated, Doc. 24. (Siegert, Karen)
January 19, 2023 Opinion or Order Filing 25 ORDER TRANSFERRING/REASSIGNING CASE. Case incorrectly opened as a Western Division case. Case reassigned to District Judge Stephen R. Bough for all further proceedings. Magistrate Judge Jill A. Morris no longer assigned to case. Please note the new case number is 6:23-00037-CV-S-SRB. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
January 19, 2023 ***Remark. Because this case was initially opened in the incorrect division and later randomly reassigned to a District Judge, the Notice of Magistrate Assignment is no longer needed and is hereby terminated. (Burch, Steve)
January 17, 2023 Filing 24 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge W. Brian Gaddy. (Attachments: #1 MAP General Order)(Woods, Gloria)
January 17, 2023 Filing 23 CASE TRANSFERRED IN from District of Wisconsin Eastern; Case Number 1:22-cv-00840.
January 17, 2023 NOTICE OF MAGISTRATE JUDGE ASSIGNMENT as to all parties: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 2/7/2023 unless otherwise directed by the court. (Woods, Gloria)
December 5, 2022 Opinion or Order Filing 22 ORDER signed by Judge William C Griesbach on 12/5/22 granting #18 Motion to Change Venue. Venue is hereby transferred to the United States District Court for the Western District of Missouri. (cc: all counsel)(Griesbach, William) [Transferred from wied on 1/17/2023.]
December 5, 2022 Case Electronically Transmitted to the USDC Western District of Missouri on 12/5/22. (lh) [Transferred from wied on 1/17/2023.]
December 5, 2022 Case Closed upon transfer to the Western District of Missouri. (lh) [Transferred from wied on 1/17/2023.]
November 1, 2022 Filing 21 REPLY BRIEF in Support filed by 8 Percent Nation LLC, Cody Askins, Cody Askins LLC re #18 MOTION to Change Venue . (Murphy, Bart) [Transferred from wied on 1/17/2023.]
October 18, 2022 Filing 20 BRIEF in Opposition filed by David Van Elzen re #18 MOTION to Change Venue . (Kaufman, Avi) [Transferred from wied on 1/17/2023.]
October 4, 2022 Opinion or Order Filing 19 TEXT ONLY ORDER ADVISING that a Rule 16 Scheduling Conference will be scheduled, if necessary, after #18 Motion to Change Venue filed by 8 Percent Nation LLC, Cody Askins LLC, and Cody Askins is fully briefed and the Court issues a decision, signed by Judge William C Griesbach on 10/04/2022. (cc: all counsel)(Griesbach, William) [Transferred from wied on 1/17/2023.]
September 28, 2022 Filing 18 MOTION to Change Venue by 8 Percent Nation LLC, Cody Askins, Cody Askins LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Murphy, Bart) [Transferred from wied on 1/17/2023.]
September 28, 2022 Filing 17 Defendants' ANSWER to #1 Complaint, and Affirmative Defenses by 8 Percent Nation LLC, Cody Askins, Cody Askins LLC.(Murphy, Bart) [Transferred from wied on 1/17/2023.]
September 14, 2022 Opinion or Order Filing 16 TEXT ONLY ORDER GRANTING #15 Defendants' Unopposed Motion to Extend Time to 9/28/2022 to answer or otherwise respond to Plaintiff's complaint, signed by Judge William C Griesbach on 09/14/2022. (cc: all counsel)(Griesbach, William) [Transferred from wied on 1/17/2023.]
September 13, 2022 Filing 15 MOTION for Extension of Time Defendants' Agreed Motion to Extend Time to File Responsive Pleading by 8 Percent Nation LLC, Cody Askins, Cody Askins LLC. (Murphy, Bart) [Transferred from wied on 1/17/2023.]
August 24, 2022 Opinion or Order Filing 14 TEXT ONLY ORDER GRANTING #13 Unopposed Motion for extension of time to 9/14/2022 to Answer or otherwise respond to Plaintiff's complaint, filed by 8 Percent Nation LLC and Cody Askins LLC, signed by Judge William C Griesbach on 08/24/2022. (cc: all counsel)(Griesbach, William) [Transferred from wied on 1/17/2023.]
August 24, 2022 NOTICE of Electronic Filing Error re #13 MOTION to Expedite MOTION for Extension of Time to File Responsive Pleading filed by 8 Percent Nation LLC, Cody Askins LLC, Cody Askins ; The incorrect motion relief was selected. A Rule 7(h) Expedited Motion is one in which you are seeking a certain kind of relief (extension of time, leave to file, etc.) and only the relief that you want the court to rule upon should be chosen. It is not a motion to expedite. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (lh) [Transferred from wied on 1/17/2023.]
August 23, 2022 Filing 13 (Unopposed) MOTION for Extension of Time to File Responsive Pleading by All Defendants. (Murphy, Bart) Modified events and text on 8/24/2022 (lh). [Transferred from wied on 1/17/2023.]
August 23, 2022 Filing 12 DISCLOSURE Statement by All Defendants. (Murphy, Bart) [Transferred from wied on 1/17/2023.]
August 23, 2022 Filing 11 NOTICE of Appearance by Bart T Murphy on behalf of All Defendants. Attorney(s) appearing: Bart T. Murphy (Murphy, Bart) [Transferred from wied on 1/17/2023.]
August 4, 2022 Filing 10 SUMMONS Returned Executed by David Van Elzen. Cody Askins served on 8/3/2022. (Coleman, Stefan) [Transferred from wied on 1/17/2023.]
August 4, 2022 Filing 9 SUMMONS Returned Executed by David Van Elzen. 8 Percent Nation LLC served on 8/3/2022. (Coleman, Stefan) [Transferred from wied on 1/17/2023.]
August 4, 2022 Filing 8 SUMMONS Returned Executed by David Van Elzen. Cody Askins LLC served on 8/3/2022. (Coleman, Stefan) [Transferred from wied on 1/17/2023.]
July 26, 2022 Filing 7 REQUEST for Issuance of Summons by David Van Elzen (Coleman, Stefan) [Transferred from wied on 1/17/2023.]
July 26, 2022 Filing 6 REQUEST for Issuance of Summons by David Van Elzen (Coleman, Stefan) [Transferred from wied on 1/17/2023.]
July 26, 2022 Filing 5 REQUEST for Issuance of Summons by David Van Elzen (Coleman, Stefan) [Transferred from wied on 1/17/2023.]
July 26, 2022 Summons Issued as to 8 Percent Nation LLC, Cody Askins, Cody Askins LLC. (tlf) [Transferred from wied on 1/17/2023.]
July 25, 2022 Filing 4 Magistrate Judge Jurisdiction Form filed by David Van Elzen. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Coleman, Stefan) [Transferred from wied on 1/17/2023.]
July 25, 2022 Filing 3 REQUEST for Issuance of Summons by David Van Elzen (Attachments: #1 Summons 8 Percent Nation LLC, #2 Summons Askins, Cody)(Coleman, Stefan) [Transferred from wied on 1/17/2023.]
July 25, 2022 NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available #here. (jcl) [Transferred from wied on 1/17/2023.]
July 25, 2022 Case Opening Modification(s): The attached summons was not prepared using the version found on our website - please follow the instructions and resubmit the summons using the event Request for Issuance of Summons which is found under the heading other documents. Please refer to the # attorney case opening instructions, the # summons instructions and the # party name guidelines found in the user manual for further guidance. (kwf) [Transferred from wied on 1/17/2023.]
July 24, 2022 Filing 2 DISCLOSURE Statement by David Van Elzen. (Coleman, Stefan) [Transferred from wied on 1/17/2023.]
July 24, 2022 Filing 1 COMPLAINT with Jury Demand; against 8 Percent Nation LLC, Cody Askins, Cody Askins LLC by David Van Elzen. ( Filing Fee PAID $402 receipt number AWIEDC-4168624) (Attachments: #1 Civil Cover Sheet, #2 Summons Cody Askins LLC, #3 Summons 8 Percent Nation LLC, #4 Summons Askins, Cody)(Coleman, Stefan) [Transferred from wied on 1/17/2023.]

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Plaintiff: David Van Elzen
Represented By: Stefan Coleman
Represented By: Avi R Kaufman
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Defendant: Cody Askins LLC
Represented By: Bart T Murphy
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Defendant: 8 Percent Nation LLC
Represented By: Bart T Murphy
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Defendant: Cody Askins
Represented By: Bart T Murphy
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