Bassett v. Credit Bureau Services, Inc. et al
Kelly M. Bassett |
Credit Bureau Services, Inc. and C. J. Tighe |
8:2016cv00449 |
October 3, 2016 |
US District Court for the District of Nebraska |
8 Omaha Office |
Joseph F. Bataillon |
Thomas D. Thalken |
Other Statutory Actions |
15 U.S.C. ยง 1692 Fair Debt Collection Act |
Plaintiff |
Available Case Documents
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Filing 280 MEMORANDUM AND ORDER - The Court finds the plaintiff has overcome any presumption in favor of taxation of costs. The plaintiff has shown there is a significant financial disparity and the plaintiff is without ability to pay. Based on its familia rity with the case, the Court finds the plaintiff pursued her action in good faith on complex and evolving legal issues. Insofar as the costs were incurred largely as a result of defendant's conduct, the Court finds an award of costs to the defendants as prevailing parties would be inequitable under the circumstances. Accordingly, in its discretion, the Court finds the clerk's taxation of costs should be reversed. Ordered by Senior Judge Joseph F. Bataillon. (MKR) |
Filing 270 ORDER - This matter is before the Court on its own motion. The Court of Appeals for the Eighth Circuit has vacated, for lack of Article III standing, this Court's order granting judgment as a matter of law to the plaintiff and the class. Bas sett v. Credit Bureau, Nos. 21-2864 and 22-1206 (8th Cir. Feb. 24, 2023); Filing No. 265 . The mandate has now issued. Filing No. 267 , Mandate (D. Neb. March 24, 2023). Accordingly, this action is dismissed for lack of jurisdiction. Ordered by Senior Judge Joseph F. Bataillon. (MKR) |
Filing 260 MEMORANDUM AND ORDER: The plaintiff class's motion for attorney fees (Filing No. 243) is granted. The plaintiff class is awarded attorney fees and costs in the amount $265,281.50. Representative plaintiff, Kelly Basset, is awarded an i ncentive payment in the amount of $7,500.00. Defendants' motion to stay the injunction (Filing No. 240) is denied. Defendants' motion for approval of a bond in the amount of $52,000 (Filing No. 255) is denied. A judgment in conformity with this Memorandum and Order will be entered. Ordered by Senior Judge Joseph F. Bataillon. (ADB) |
Filing 234 MEMORANDUM AND ORDER- The Court does not accept the verdict of the jury in favor of the defendants under 15 U.S.C § 1692(e) (Claim I). On its own motion, the Court finds plaintiffs are entitled to judgment as a matter of law on Claim I. The Court accepts the verdict of the jury in favor of the defendants under 15 U.S.C. § 1692(g) (Claim II). The Court finds in favor of the plaintiffs and against the defendants under Neb. Rev. Stat. § 59-1602 (Claim III). The Court finds the plaintiffs are prevailing parties in this action and are entitled to attorney fees. Plaintiff shall file a motion for attorney fees within 21 days of the date of this order and a bill of costs in accordance with the local rules. Defendants have 14 days thereafter to respond. Plaintiff has seven days thereafter to file a reply brief. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Joseph F. Bataillon. (MKR) |
Filing 218 MEMORANDUM AND ORDER - that the parties' motions in limine (Filing Nos. 158 , 160 , 162 , 164 , 166 , 168 , and 174 ) are granted in part and denied in part as set forth in this order.Ordered by Senior Judge Joseph F. Bataillon. (LKO) |
Filing 175 ORDER on the court's own motion. In view of the imminent trial of this action, the parties shall file responsive briefs to all pending motions in limine (Filing Nos. 158 , 160 , 162 , 164 , 166 , 168 , and 171 ) on or before Tuesday, June 1, 2021.Ordered by Senior Judge Joseph F. Bataillon. (MKR) |
Filing 137 MEMORANDUM AND ORDER - that the lead plaintiff's motion for partial summary judgment (Filing No. 121 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (LKO) |
Filing 134 FOURTH AMENDED FINAL PROGRESSION ORDER - The Pretrial Conference, previously scheduled for September 9, 2020, is canceled and will not be reset at this time. A telephonic conference to discuss the status of case progression and pretrial con ference and trial setting will be held with the undersigned magistrate judge on August 4, 2020 at 10:00 a.m. by telephone. Case Conference Instructions are located at Filing No. 27 in this case. The deposition deadline is August 31, 2020. Ordered by Magistrate Judge Susan M. Bazis. (LKO) |
Filing 129 THIRD AMENDED FINAL PROGRESSION ORDER - The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on September 9, 2020 at 10:00 a.m., and will be conducted by internet/telephonic conferencing. Counsel shall use th e conferencing instructions assigned to this case to participate in the conference. (If counsel wishes to appear in person, counsel must contact chambers requesting permission to do so. Before contacting chambers to request such relief, counsel shall confer regarding the issue.) The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to bazis@ned.uscourts.gov, in Word format, by 12:00 p.m. on September 4, 2020. The trial date will be set at the teleph onic status conference or at the pretrial conference. A telephonic conference to discuss the status of case progression and trial setting will be held with the undersigned magistrate judge on May 28, 2020 at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Susan M. Bazis. (LKO) |
Filing 110 AMENDED ORDER STAYING NOTICE DEADLINES AND SETTING SETTLEMENT CONFERENCE DEADLINES. Ordered by Magistrate Judge Susan M. Bazis. (LAC) |
Filing 109 AMENDED ORDER - A settlement conference will be held before United States Magistrate Judge Susan M. Bazis with counsel and representatives of the parties on July 11, 2019, from 9:00 a.m. to 12:00 p.m. in Courtroom #7, Roman L. Hruska United States Co urthouse, 111 South 18th Plaza, Omaha Nebraska. Magistrate Judge Bazis will hold a telephone conference with counsel on July 9, 2019 at 9:30 a.m. for the purpose of reviewing any outstanding issues that may be relevant prior to the settlement conference. Case Conference Instructions are located at Filing No. 27 in this case. Ordered by Magistrate Judge Susan M. Bazis. (KLF) |
Filing 97 MEMORANDUM AND ORDER - Defendants' motion to stay (Filing No. 88 ) and the plaintiff's objections thereto (Filing No. 90 ) are denied as moot. The plaintiff's motion for approval of class notice (Filing No. 86 ) is granted. The plaintiff's proposed notice to the class (Filing No. 86 -1) is hereby approved. Ordered by Senior Judge Joseph F. Bataillon. (KLF) |
Filing 84 MEMORANDUM AND ORDER - The plaintiff's motion for class certification (Filing No. 49 ) is granted. Ordered by Senior Judge Joseph F. Bataillon. (KLF) |
Filing 34 STIPULATED PROTECTIVE ORDER granting 33 Motion for Protective Order. Ordered by Magistrate Judge Susan M. Bazis. (KLF) |
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