Capital One, N.A. v. Moxie Auto Sales, LLC

Plaintiff: Capital One, N.A.
Defendant: Moxie Auto Sales, LLC
Case Number: 8:2019cv00011
Filed: January 10, 2019
Court: US District Court for the District of Nebraska
0 Judge: Joseph F Bataillon
1 Judge: Susan M Bazis
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on March 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 5, 2019 Filing 54 Certificate of Service of Plaintiff's Initial Disclosures by Attorney Phillip C Chang on behalf of Plaintiff Capital One, N.A..(Chang, Phillip)
March 1, 2019 Filing 53 Certificate of Service of Defendant's Initial Disclosures by Attorney Joel G. Lonowski on behalf of Defendant Moxie Auto Sales, LLC.(Lonowski, Joel)
February 12, 2019 Opinion or Order Filing 52 FINAL PROGRESSION ORDER - Depositions due 07/26/2019. Jury Trial set for 01/06/2020 at 09:00 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Pretrial Conference set for 12/12/2019 at 10:00 AM Internet/Telephonic Conferencing before Magistrate Judge Susan M. Bazis. Telephone Conference set for 6/17/2019 at 03:00 PM by Telephone before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (CS)
February 11, 2019 Opinion or Order Filing 51 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 Susan M. Bazis. (LKO)
February 8, 2019 Filing 50 REPORT of Rule 26(f) Planning Meeting - Settlement Likely (Joint) by Attorney Phillip C Chang on behalf of Plaintiff Capital One, N.A..(Chang, Phillip)
February 5, 2019 Opinion or Order Filing 49 TEXT ORDER - Pursuant to the Notice of Substitution #47 , Attorney John E. Rinaldi is terminated as counsel of record. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
February 1, 2019 Filing 48 NOTICE of Appearance by Attorney Joel G. Lonowski on behalf of Defendant Moxie Auto Sales, LLC (Lonowski, Joel)
February 1, 2019 Filing 47 STATEMENT (Substitution of Counsel) by Attorney Joel G. Lonowski on behalf of Defendant Moxie Auto Sales, LLC.(Lonowski, Joel)
January 28, 2019 Opinion or Order Filing 46 ORDER TO SHOW CAUSE that Attorney John E. Rinaldi is to register for admittance to practice and register for the System. Show Cause Deadline set for 2/11/2019. Failure to comply with this Order will result in John E. Rinaldi being removed as counsel of record. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to Mr. Rinaldi) (LKO)
January 24, 2019 Opinion or Order Filing 45 AMENDED SCHEDULING ORDER - This matter is before the Court on the parties' Unopposed Motion to Extend the Deadlines in the January 11, 2019 Scheduling Order. (Filing No. #43 .) The Motion is granted. Rule 26 Meeting Report Deadline set for 2/13/2019. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
January 23, 2019 Filing 44 AMENDED COMPLAINT with with jury demand against Defendant Moxie Auto Sales, LLC, by Attorney Phillip C Chang on behalf of Capital One, N.A.(Chang, Phillip)
January 23, 2019 Filing 43 UNOPPOSED MOTION to Extend the Deadlines in the January 11, 2019 Scheduling Order #41 by Attorney Phillip C Chang on behalf of Plaintiff Capital One, N.A..(Chang, Phillip)
January 22, 2019 Filing 42 NOTICE of Appearance by Attorney Brian T. McKernan on behalf of Plaintiff Capital One, N.A. (McKernan, Brian)
January 11, 2019 Opinion or Order Filing 41 SCHEDULING ORDER - Rule 26 Meeting Report Deadline set for 1/30/2019. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
January 10, 2019 Filing 40 ATTORNEY LETTER by Clerk that Attorney John E. Rinaldi has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO)
January 10, 2019 Filing 39 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Susan M. Bazis 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. (LKO)
January 10, 2019 Filing 38 Case transferred in from District of Virginia Eastern; Case Number 1:18-cv-00775. Original electronic file received.
January 10, 2019 Case transferred to District of Nebraska. Original file, certified copy of transfer order, and docket sheet sent. (acha, ) [Transferred from Virginia Eastern on 1/10/2019.]
January 10, 2019 Opinion or Order Filing 37 ORDER- It is hereby ORDERED, ADJUDGED and DECREED that the Motion to Transfer Venue is hereby GRANTED and that this matter is hereby transferred to United States District Court for the District of Nebraska in Lincoln, Nebraska. Signed by District Judge Leonie M. Brinkema on 1/10/2019. (See order for further details). (acha, ) [Transferred from Virginia Eastern on 1/10/2019.]
January 10, 2019 Filing 36 Supplemental MOTION to Change Venue by Consent by Moxie Auto Sales, LLC. (Attachments: #1 Proposed Order)(Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
January 10, 2019 Filing 35 Supplemental MOTION to Change Venue by Consent by Moxie Auto Sales, LLC. (Attachments: #1 Proposed Order)(Rinaldi, John) Modified on 1/10/2019 Duplicate filing, filed in error per filer, SEE DE#36 (acha, ). [Transferred from Virginia Eastern on 1/10/2019.]
January 9, 2019 Opinion or Order Filing 34 SCHEDULING ORDER: Initial Pretrial Conference set for 1/30/2019 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. Discovery due by 5/10/2019. Final Pretrial Conference set for 5/16/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 1/9/19. (Attachments: #1 Mag.Consent, #2 Pretrial Notice)(yguy) [Transferred from Virginia Eastern on 1/10/2019.]
January 7, 2019 Opinion or Order Filing 33 ORDER granting #27 Motion for Pro hac vice for Anthony Wolfgang McGavran Signed by District Judge Leonie M. Brinkema on 1/7/2019. (acha, ) [Transferred from Virginia Eastern on 1/10/2019.]
January 4, 2019 Filing 32 ANSWER to #1 Complaint by Moxie Auto Sales, LLC.(Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
January 4, 2019 Opinion or Order Filing 31 ORDER: THIS MATTER is before the Court on the parties' Motion tor Leave to File a Late Response; and IT APPEARING to the Court that the entry of this Order is just and proper in all respects; it is hereby ORDERED, ADJUDGED, and DECREED that the Consent Motion to File a Late Response is hereby GRANTED and that the Defendant, Moxie Auto Sales, Inc. is granted leave to file its Answer and Grounds of Defense within seven (7) days of the date of this Order. Signed by District Judge Leonie M. Brinkema on 1/4/19. (yguy) [Transferred from Virginia Eastern on 1/10/2019.]
January 4, 2019 Opinion or Order Filing 30 ORDER: THIS MATTER is before the parties' Consent Motion to Set Aside Entry of Default; and IT APPEARING to the Court that the entry of this Order is just and proper in all respects; it is hereby ORDERED, ADJUDGED, and DECREED that the motion is hereby GRANTED and the Entry of Default dated November 19, 2018 [Docket Entry #14] is hereby VACATED. Signed by District Judge Leonie M. Brinkema on 1/4/19. (yguy) [Transferred from Virginia Eastern on 1/10/2019.]
January 4, 2019 Filing 29 Supplemental MOTION for Leave to File Late Response by Consent by Moxie Auto Sales, LLC. (Attachments: #1 Proposed Order)(Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
January 4, 2019 Filing 28 Supplemental MOTION to Set Aside Default by Consent by Moxie Auto Sales, LLC. (Attachments: #1 Proposed Order)(Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
January 3, 2019 Filing 27 Motion to appear Pro Hac Vice by Anthony Wolfgang McGavran and Certification of Local Counsel Phillip C. Chang Filing fee $ 75, receipt number 0422-6429792. by Capital One, N.A.. (Chang, Phillip) [Transferred from Virginia Eastern on 1/10/2019.]
December 27, 2018 Opinion or Order Filing 26 ORDER granting #25 Consent MOTION for Extension of Time to File Opposition to Motion for Transfer of Venue. Signed by Magistrate Judge Michael S. Nachmanoff on 12/27/2018. (see Order for details) (dest, ) [Transferred from Virginia Eastern on 1/10/2019.]
December 26, 2018 Filing 25 Consent MOTION for Extension of Time to File Opposition to Motion for Transfer of Venue by Capital One, N.A.. (Attachments: #1 Exhibit Proposed Order)(Chang, Phillip) [Transferred from Virginia Eastern on 1/10/2019.]
December 20, 2018 MOTIONS REFERRED to Magistrate Judge: Nachmanoff. #19 MOTION for Leave to File Late Response, #15 MOTION to Set Aside Default , #17 MOTION to Change Venue (clar, ) [Transferred from Virginia Eastern on 1/10/2019.]
December 20, 2018 Set Deadlines as to #19 MOTION for Leave to File Late Response, #17 MOTION to Change Venue , #15 MOTION to Set Aside Default . Motion Hearing set for 1/18/2019 at 10:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. (clar, ) [Transferred from Virginia Eastern on 1/10/2019.]
December 19, 2018 Filing 24 Notice of Hearing Date set for 1/18/2019 re #17 MOTION to Change Venue (Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
December 19, 2018 Filing 23 Notice of Hearing Date re #19 MOTION for Leave to File Late Response (Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
December 19, 2018 Filing 22 Notice of Hearing Date re #15 MOTION to Set Aside Default (Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
December 12, 2018 Filing 21 Corporate Disclosure Statement by Moxie Auto Sales, LLC. (Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
December 12, 2018 Filing 20 Memorandum in Support re #19 MOTION for Leave to File Late Response filed by Moxie Auto Sales, LLC. (Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
December 12, 2018 Filing 19 MOTION for Leave to File Late Response by Moxie Auto Sales, LLC. (Attachments: #1 Affidavit Affidavit, #2 Proposed Order Proposed Order, #3 Exhibit Proposed Answer)(Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
December 12, 2018 Filing 18 Memorandum in Support re #17 MOTION to Change Venue filed by Moxie Auto Sales, LLC. (Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
December 12, 2018 Filing 17 MOTION to Change Venue by Moxie Auto Sales, LLC. (Attachments: #1 Proposed Order)(Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
December 12, 2018 Filing 16 Memorandum in Support re #15 MOTION to Set Aside Default filed by Moxie Auto Sales, LLC. (Attachments: #1 Affidavit Affidavit)(Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
December 12, 2018 Filing 15 MOTION to Set Aside Default by Moxie Auto Sales, LLC. (Attachments: #1 Affidavit Affidavit, #2 Proposed Order Proposed Order)(Rinaldi, John) [Transferred from Virginia Eastern on 1/10/2019.]
November 19, 2018 Filing 14 Clerk's ENTRY OF DEFAULT as to Moxie Auto Sales, LLC. (acha, ) [Transferred from Virginia Eastern on 1/10/2019.]
November 15, 2018 Filing 13 Request for Entry of Default as to Defendant Moxie Auto Sales, LLC by Capital One, N.A.. (Attachments: #1 Exhibit A)(Chang, Phillip) [Transferred from Virginia Eastern on 1/10/2019.]
November 14, 2018 Opinion or Order Filing 12 ORDER- It is hereby ORDERED that plaintiff immediately obtain an entry of default from the Clerk pursuant to Fed.R.Civ.P.55(a), and it is further ORDERED that plaintiff file a Notice setting the hearing of the motion for default judgment for 10:00 a.m. on Friday, December 14, 2018, before the magistrate judge to whom this action is referred. Signed by District Judge Leonie M. Brinkema on 11/14/2018. (See order for further details).(acha, ) [Transferred from Virginia Eastern on 1/10/2019.]
October 25, 2018 Filing 11 SUMMONS Returned Executed as to: Moxie Auto Sales, LLC served on 10/17/2018, answer due 11/7/2018. (acha, ) [Transferred from Virginia Eastern on 1/10/2019.]
October 16, 2018 Filing 10 Financial Interest Disclosure Statement (Local Rule 7.1) by Capital One, N.A.. (Chang, Phillip) [Transferred from Virginia Eastern on 1/10/2019.]
October 16, 2018 Filing 9 Summons Issued as to Moxie Auto Sales, LLC. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(acha, ) [Transferred from Virginia Eastern on 1/10/2019.]
October 15, 2018 Filing 8 Proposed Summons re #1 Complaint by Capital One, N.A.. (Chang, Phillip) [Transferred from Virginia Eastern on 1/10/2019.]
October 15, 2018 Opinion or Order Filing 7 ORDER granting #4 First MOTION for Extension of Time to Serve. Signed by District Judge Leonie M. Brinkema on 10/15/2018. (rban, ) [Transferred from Virginia Eastern on 1/10/2019.]
October 15, 2018 Filing 6 Notice of Hearing Date re #4 First MOTION for Extension of Time to Serve (Chang, Phillip) [Transferred from Virginia Eastern on 1/10/2019.]
October 15, 2018 Filing 5 Memorandum in Support re #4 First MOTION for Extension of Time to Serve filed by Capital One, N.A.. (Chang, Phillip) [Transferred from Virginia Eastern on 1/10/2019.]
October 15, 2018 Filing 4 First MOTION for Extension of Time to Serve by Capital One, N.A.. (Attachments: #1 Proposed Order)(Chang, Phillip) [Transferred from Virginia Eastern on 1/10/2019.]
October 15, 2018 Filing 3 Response to #2 Order, filed by Capital One, N.A.. (Chang, Phillip) [Transferred from Virginia Eastern on 1/10/2019.]
October 3, 2018 Opinion or Order Filing 2 ORDER- It is hereby ORDERED that within fourteen (14) days the plaintiff show cause, if any, why this civil action should not be dismissed pursuant to Fed. R. Civ. P. 4(m). Signed by District Judge Leonie M. Brinkema on 10/3/2018. (See order for further details).(acha, ) [Transferred from Virginia Eastern on 1/10/2019.]
June 22, 2018 Filing 1 COMPLAINT against Moxie Auto Sales, LLC ( Filing fee $ 400, receipt number 0422-6146347.), filed by Capital One, N.A.. (Attachments: #1 Civil Cover Sheet)(acha, ) [Transferred from Virginia Eastern on 1/10/2019.]

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Plaintiff: Capital One, N.A.
Represented By: Phillip C Chang
Represented By: Brian T. McKernan
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Defendant: Moxie Auto Sales, LLC
Represented By: John E. Rinaldi
Represented By: Joel G. Lonowski
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