Harris et al v. D. Scott Carruthers & Assoc. et al
| Laraine Harris and Eric Mattea |
| D. Scott Carruthers & Assoc., Regent Asset Management Solutions and United Credit Management Corp. |
| 8:2009cv00154 |
| April 29, 2009 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Douglas |
| Lyle E. Strom |
| Thomas D. Thalken |
| Plaintiff |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
143
ORDER to Withdraw Exhibits or to Show Cause Why Exhibits Should Not be Destroyed. Ordered by Senior Judge Lyle E. Strom. (MLF, )
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Filing
142
ORDER GRANTING FINAL APPROVAL OF CLASS SETTLEMENT AND FINAL JUDGMENT AND FOR THE AWARD OF CLASS COUNSELS' FEES AND COSTS granting 136 joint Motion for Approval of Settlement ; The Parties Settlement Agreement is approved as fair, reasonable, a nd adequate; The Attorneys Fees and costs of Plaintiffs Counsel are approved in the amount of $13,000.00; Defendants shall pay Plaintiff Harris $1,000.00 for her statutory damages under the FDCPA, and $500.00 for her services as class representative for the NCPA Class; Defendants shall pay Plaintiff Mattea $1,000.00 for his statutory damages under the FDCPA, and $500.00 for his services as class representative for the NCPA Class; The FDCPA claims of the named Plaintiffs are dismissed with prejudice, and the FDCPA claims of the Class are dismissed without prejudice; All of the NCPA claims of the named Plaintiffs (Monetary & Injunctive Relief) are dismissed with prejudice; The monetary claims of the Class under the NC PA are dismissed without prejudice; and All claims against the unserved Defendant, United Credit Management Corp. are dismissed with prejudice. The Court hereby retains jurisdiction of this matter in order to resolve any disputes, which may arise in the implementation of the Settlement Agreement or the implementation of the Final Judgment and Order. This Court maintains continuing jurisdiction for purposes of supervising the implementation of the Settlement Agreement and supervising the distribution and allocation of the settlement fund. Final Judgment is entered in accordance with this order. Ordered by Senior Judge Lyle E. Strom. (ADB, )
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Filing
138
MEMORANDUM AND ORDER - The parties shall file a joint statement by Monday, January 3, 2011, clarifying whether under the Agreement the parties intend for all NCPA claims in the case to be dismissed with prejudice or for only the NCPA claim seeking in junctive relief to be dismissed with prejudice. The parties shall follow the guidelines regarding this statment that have been set out in this Memorandum and Order. ( Case Management Deadline set for 1/3/2011.) Ordered by Senior Judge Lyle E. Strom. (JAE)
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Filing
126
ORDER AND JUDGMENT granting 108 the Plaintiff's Motion to Certify Class. Two classes will be certified pursuant to Fed. R. Civ. P. 23(a) and 23(b)(3), under the definitions set forth within the order.Laraine Harris and Eric Mattea are appointed as class representatives for both the NCPA class and the FDCPA class; and Car & Reinbrecht, P.C., LLO, is appointed as class counsel for both the NCPA class and the FDCPA class. Ordered by Senior Judge Lyle E. Strom. (MKR)
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Filing
117
ORDER - IT IS ORDERED that defendants will submit to the Court for in camera review all financial records they will use at the class certification hearing by Friday, June 18, 2010. Ordered by Senior Judge Lyle E. Strom. (TCL )
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Filing
114
ORDER granting 113 Motion to Extend. Defendants shall have until May 26, 2010, to file a response to plaintiffs motion to certify class. Plaintiffs shall have until June 9, 2010, to file a reply brief. Ordered by Senior Judge Lyle E. Strom. (PCV, )
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Filing
106
ORDER granting in part and denying in part 102 Motion to Compel; The defendants shall disclose their net worth to the plaintiffs; The defendants shall disclose the number of people who were sent letters similar to Exhibits A-D of the Amended Compla int (Filing No. 13-2) to the plaintiffs, but the defendants are not required at this time to disclose the names or contact information of those people; and The motion is denied in all other respects; denying without prejudice 104 Motion to Compel; granting 97 Motion to Extend; The plaintiffs shall file a motion for class certification by Friday, April 9, 2010, in which the plaintiffs shall set forth specific facts supporting class certification; The Court will hold a planning conference on T hursday, April 15, 2010, at 9:00 a.m. at which the Court will determine whether the plaintiffs have set forth sufficient information to justify holding a class certification hearing and, if so, to set a class certification hearing. Ordered by Senior Judge Lyle E. Strom. (ADB, )
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Filing
101
ORDER that the hearing on the motion for class action is cancelled. A Status Conference is set for 3/17/2010 at 9:00 AM before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
95
MEMORANDUM AND ORDER - The plaintiffs' motion to compel 83 is granted in part and denied in part: Carruthers will travel to Omaha, Nebraska, to sit for an additional deposition by oral examination. Carruthers will bear the cost of his travel to Omaha for this deposition. In conformance with this memorandum and order, Carruthers will answer all questions for which he impermissibly invoked the attorney-client privilege during his initial deposition. In conformance with this memorandum and order, Scata will answer the two questions for which he impermissible invoked the attorney-client privilege during his initial deposition. The motion is denied in all other respects. Ordered by Senior Judge Lyle E. Strom. (KBJ)
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Filing
89
ORDER that plaintiffs' motion to inspect 36 is denied without prejudice. Defendants' motion to strike 62 is denied as moot. Plaintiffs' motion to compel deposition of witnesses 75 is denied without prejudice. The Court withholds judgment on plaintiffs' motion to compel responses to deposition questions 83 , in anticipation of defendants filing a brief opposing that motion. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
88
ORDER granting in part and denying in part 34 the plaintiff's motion to compel as follows: a. The defendants will provide further responses to the following written discovery requests: i. Requests for Admission Nos. 25, 26, 27, 28, 31, 32, 33, 34, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, and 53; ii. Interrogatories Nos. 1 and 13; iii. Request for Production of Documents No. 3; granting 70 the defendant's Motion for Leave to file surreply brief. Ordered by Senior Judge Lyle E. Strom. (MKR) Modified on to remove extra words 2/10/2010 (MKR, ).
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Filing
87
ORDER granting 86 Motion to Continue conference. The hearing concerning pending discovery motions is scheduled for: Wednesday, February 10, 2010, at 9 a.m. in Courtroom No. 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The parties must be present and the hearing will be on the record. Ordered by Senior Judge Lyle E. Strom. (MKR)
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Filing
78
ORDER - A conference in this matter concerning pending discovery motions is scheduled for: Wednesday, February 3, 2010, at 9 a.m. in the Chambers of the undersigned. The parties may participate by telephone by notifying Judge Strom's office: (402) 661-7320. Ordered by Senior Judge Lyle E. Strom. (KBJ)
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Filing
67
ORDER granting 66 Motion to Extend ; plaintiffs shall have until December 24, 2009, to file opposition to defendants 62 Motion to Strike. Ordered by Senior Judge Lyle E. Strom. (ADB, )
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Filing
59
AMENDED ORDER- The Plaintiff's Motion for extension of time 52 to file reply to defendants' opposition to MOTION to Compel is granted. Plaintiff's shall have until December 9, 2009, to reply to defendants' opposition to motion to compel. Ordered by Senior Judge Lyle E. Strom. (MKR)
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Filing
58
ORDER granting 52 Motion to Extend Time. Plaintiffs shall have until November 24, 2009, to reply to defendants' opposition to motion to compel. Ordered by Senior Judge Lyle E. Strom. (JAE)
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Filing
27
ORDER that the planning conference in this matter is rescheduled for 9/24/2009 at 08:30 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (CJP)
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Filing
25
ORDER - Scheduling Conference set for 9/10/2009 09:30 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (CJP)
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Filing
11
ORDER OF RECUSAL - Upon review of the parties and the record in this case, the undersigned judge recuses himself. Ordered by Chief Judge Joseph F. Bataillon. (JSF)
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