McCarter v. FD Holdings, LLC
Plaintiff: Amy R. McCarter
Defendant: FD Holdings, LLC doing business as Factual Data
Case Number: 4:2020cv03080
Filed: July 17, 2020
Court: US District Court for the District of Nebraska
Presiding Judge: John M Gerrard
Referring Judge: Cheryl R Zwart
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. ยง 1681
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 1, 2020 Filing 14 BRIEF in support of MOTION for Judgment on the Pleadings #13 by Attorney Jason Spak on behalf of Defendant FD Holdings, LLC. (Attachments: #1 Exhibit 1 - District of Minnesota Opinion, #2 Affidavit of Jason Spak)(Spak, Jason)
September 1, 2020 Filing 13 MOTION for Judgment on the Pleadings by Attorney Jason Spak on behalf of Defendant FD Holdings, LLC.(Spak, Jason)
August 28, 2020 Opinion or Order Filing 12 PROTECTIVE ORDER. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
August 28, 2020 Opinion or Order Filing 11 FINAL PROGRESSION ORDER - The trial and pretrial conference will not be set at this time. Status Conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings is set for 6/8/2021 at 09:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Depositions due May 25, 2021. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
August 27, 2020 Filing 10 TEXT ORDER: The parties did not consent, in writing, to disposition of the case by a magistrate judge. Pursuant to NEGenR.1.4(a)(3)(C)(ii). Case reassigned to Chief Judge John M. Gerrard and Magistrate Judge Cheryl R. Zwart. Ordered by Deputy Clerk. (LRM)
August 27, 2020 Filing 9 REPORT of Rule 26(f) Planning Meeting - Settlement Likely by Attorney Alan J. Stecklein on behalf of Plaintiff Amy R. McCarter.(Stecklein, Alan)
July 28, 2020 Opinion or Order Filing 8 CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
July 28, 2020 Opinion or Order Filing 7 SCHEDULING ORDER - Rule 26 Meeting Report Deadline set for 8/28/2020. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
July 23, 2020 Filing 6 Affirmative Defenses and ANSWER to Notice of Removal Complaint regarding: Notice of Removal Attorney - Complaint, #1 with Jury Demand by FD Holdings, LLC (Attachments: #1 Exhibit 1 - Plaintiff's June 17, 2014 Bankruptcy Petition, #2 Exhibit 2 - Plaintiff's October 14, 2014 Discharge Order, #3 Exhibit 3 - Plaintiff's January 30, 2020 Consumer Report, #4 Exhibit 4 - Plaintiff's February 6, 2020 Consumer Report, #5 Exhibit 5 - Plaintiff's February 24, 2020 Disclosure Request, #6 Exhibit 6 - Plaintiff's February 25, 2020 Disclosure, #7 Exhibit 7 - Plaintiff's February 26, 2020 Consumer Report, #8 Exhibit 8 - Court Records for Plaintiff's Judgment, #9 Exhibit 9 - Plaintiff's March 4, 2020 Deed of Trust) (Spak, Jason)
July 21, 2020 Filing 5 NOTICE of Appearance by Attorney Michael H. Rapp on behalf of Plaintiff Amy R. McCarter (Rapp, Michael)
July 21, 2020 Filing 4 NOTICE of Appearance by Attorney Alan J. Stecklein on behalf of Plaintiff Amy R. McCarter (Stecklein, Alan)
July 17, 2020 Filing 3 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM)
July 17, 2020 Filing 2 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent CBC Companies, Inc. for FD Holdings, LLC. by Attorney Jason Spak on behalf of Defendants FD Holdings, LLC, CBC Companies, Inc..(Spak, Jason)
July 17, 2020 Filing 1 NOTICE OF REMOVAL with jury demand against Amy R McCarter from District Court of Lancaster County, Case number CI20-2030 ( Filing fee $ 400, receipt number ANEDC-4198514) with attached state court pleadings, by Attorney Jason Spak on behalf of FD Holdings, LLC (Attachments: #1 Exhibit Ex. A - Copy of State Court Filings, #2 Exhibit Ex. B - Copy of State Court Notice)(Spak, Jason)

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Defendant: FD Holdings, LLC doing business as Factual Data
Represented By: Jason Spak
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Plaintiff: Amy R. McCarter
Represented By: Tregg R. Lunn
Represented By: Michael H. Rapp
Represented By: Alan J. Stecklein
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