Aargon Agency, Inc. et al v. O'Laughlin
| Donna Armenta Law, AssetCare, LLC, Clark County Collection Service, LLC, Plusfour, Inc., CF Medical, LLC, Capio Partners, LLC, Donna Armenta, The Law Offices of Mitchell D. Bluhm & Associates, LLC, Nevada Collectors Association, ACA International, Business and Professional Collection Service, Inc., Collection Service of Nevada, Aargon Agency, Inc., Allied Collection Services, Inc., RM Galicia dba Progressive Management, LLC and RM Galicia, Inc. doing business as Progressive Management, LLC |
| Sandy O'Laughlin |
| 2:2021cv01202 |
| June 25, 2021 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| James C Mahan |
| Brenda Weksler |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 38 PLAINTIFFS' Exhibit List - Motion ( #4 , #5 ) Hearing held August 16, 2021. (BEL) |
| Filing 37 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/16/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Patrick Reilly, Esq., David Israel, Esq., James Schultz, Esq., Brittany Shaw, Esq.; Def Counsel: Steven Shevorski, Deputy A.G.; Court Reporter: Patty Ganci; Time of Hearing: 1:11 PM - 3:25 PM; Courtroom: 7C; Counsel for the parties are present appearing by videoconferencing at proceedings. The Court makes preliminary statements and hears representations of counsel regarding the evidence. The Court Grants Mr. Shevorski's request and the Exclusionary Rule is invoked. Witnesses Michael Feeney, Donna Armenta, and Bob Dale Hodges testified. Exhibits were offered marked and admitted into evidence, see minutes for details. The Court takes the matter under submission and will issue a written ruling. (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 36 EXHIBIT LIST Amended Exhibit List by Plaintiffs ACA International, AssetCare, LLC, CF Medical, LLC, Capio Partners, LLC, RM Galicia, Inc., The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Schultz, James) |
| Filing 35 EXHIBIT LIST of Witnesses and Documents by Defendant Sandy O'Laughlin. (Shevorski, Steven) |
| Filing 34 WITNESS LIST by Plaintiffs ACA International, AssetCare, LLC, CF Medical, LLC, Capio Partners, LLC, RM Galicia, Inc., The Law Offices of Mitchell D. Bluhm & Associates, LLC.. (Schultz, James) |
| Filing 33 EXHIBIT LIST by Plaintiffs ACA International, AssetCare, LLC, CF Medical, LLC, Capio Partners, LLC, RM Galicia, Inc., The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Schultz, James) |
| Filing 32 RESPONSE to #31 Notice (Other) by Plaintiffs ACA International, AssetCare, LLC, CF Medical, LLC, Capio Partners, LLC, RM Galicia, Inc., The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Schultz, James) |
| Filing 31 NOTICE of Intent to Promulgate Regulations by Sandy O'Laughlin re 29 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Motion Hearing. (Shevorski, Steven) |
| Filing 30 TRANSCRIPT of Proceedings, 29 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Motion Hearing, held on 7/27/2021, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 8/23/2021. Redacted Transcript Deadline is set for 9/2/2021. Release of the Transcript Restriction is set for 10/31/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
| Filing 29 MINUTES OF PROCEEDINGS - Motion Hearing held on 7/27/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Patrick Reilly, Esq., James Schultz, Esq., David Israel, Esq., Brittany Shaw, Esq.; Def Counsel: Steven Shevorski, Chief Litigation Counsel, Akke Levin, Sr. Deputy A.G.; Court Reporter: Patty Ganci; Time of Hearing: 3:11 PM - 4:26 PM; Courtroom: 7C; Parties are appearing by videoconference. The Court makes preliminary statements and hears representations from the parties. For the reasons stated on the record, IT IS ORDERED that Defendants shall file a supplement regarding further regulation, if any, by August 10, 2021. IT IS FURTHER ORDERED that a hearing on the topics stated on the record regarding (ECF No. #4 ) Emergency Motion for Temporary Restraining Order and (ECF No. #5 ) Motion for Preliminary Injunction shall be set for Monday, August 16, 2021 at 1:00 p.m. by videoconference before Judge Richard F. Boulware, II. The instruction regarding videoconference and teleconference appearance to be issued. IT IS FURTHER ORDERED that parties shall disclose any witnesses and exhibits for the August 16th hearing by Thursday, August 12, 2021. Plaintiffs shall shall use numerals 1-499 and Defendants are to use numerals 500 and above. Counsel are to utilize the Court's exhibit list form and provide copies of exhibit list with a usb/thumb drive or CD/DVD of the exhibits to be used at the hearing no later than Thursday, August 12, 2021 to the court. Exhibits to the court are to be submitted via individual pdf format. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 28 ANSWER to #1 Complaint,,, filed by Sandy O'Laughlin. Discovery Plan/Scheduling Order due by 9/5/2021.(Shevorski, Steven) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
Filing 27
ORDER Granting #21 Verified Petition for Permission to Practice Pro Hac Vice Brittany L. Shaw and approving Designation of Local Counsel Patrick J. Reilly. Signed by Judge Richard F. Boulware, II on 7/21/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 26 DECLARATION of Patrick J. Reilly, Esq. re #25 Reply,, by Plaintiffs ACA International, Aargon Agency, Inc., Allied Collection Services, Inc., Donna Armenta, AssetCare, LLC, Business and Professional Collection Service, Inc., CF Medical, LLC, Capio Partners, LLC, Clark County Collection Service, LLC, Collection Service of Nevada, Donna Armenta Law, Nevada Collectors Association, Plusfour, Inc., RM Galicia, Inc., The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Reilly, Patrick) |
| Filing 25 REPLY to Response to #4 Motion for TRO,,, #5 Motion for Preliminary Injunction,,, by Plaintiffs ACA International, Aargon Agency, Inc., Allied Collection Services, Inc., Donna Armenta, AssetCare, LLC, Business and Professional Collection Service, Inc., CF Medical, LLC, Capio Partners, LLC, Clark County Collection Service, LLC, Collection Service of Nevada, Donna Armenta Law, Nevada Collectors Association, Plusfour, Inc., RM Galicia, Inc., The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Reilly, Patrick) |
| Filing 24 NOTICE of Corrected Image/Document re #21 Motion for Permission to Practice Pro Hac Vice - Verified Petition, by Plaintiffs ACA International, AssetCare, LLC, CF Medical, LLC, Capio Partners, LLC, RM Galicia, Inc., The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Service of corrected image is attached.) (Reilly, Patrick) |
| Filing 23 RESPONSE to #4 Motion for TRO,,, #5 Motion for Preliminary Injunction,,, by Defendant Sandy O'Laughlin. Replies due by 7/20/2021. (Shevorski, Steven) |
| Filing 22 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/12/2021. Re: #21 Motion for Permission to Practice Pro Hac Vice - Verified Petition,.IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #21 is DEFERRED. IT IS FURTHER ORDERED that Petitioner Brittany L. Shaw shall provide current Certificates of Good Standing in accordance with the instructions set forth on Page 2, Nos. 3 and 4, of the Verified Petition. IT IS FURTHER ORDERED that Petitioner shall have local counsel sign each individual Appointment of Designated Resident Nevada Counsel. Petitioner shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy this deficiency will result in the denial of the Verified Petition, and Petitioner will be required to refile and to repay the filing fee. (no image attached) (Copies have been distributed pursuant to the NEF - DLM) |
| Filing 21 VIEW Corrected Image #24 re: MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Brittany L. Shaw and DESIGNATION of Local Counsel Patrick J. Reilly (Filing fee $ 250 receipt number 0978-6553598) by Plaintiffs ACA International, AssetCare, LLC, CF Medical, LLC, Capio Partners, LLC, RM Galicia, Inc., The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Reilly, Patrick) Modified on 7/18/2021 (SLD). |
| Filing 20 NOTICE of Designation of Local Counsel Pursuant to Local Rule 11-1(b)(1) by ACA International, AssetCare, LLC, CF Medical, LLC, Capio Partners, LLC, RM Galicia, Inc., The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Schultz, James) |
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Filing 19
ORDER Granting #16 Stipulation for Extension of Time re #4 Motion for TRO, #5 Motion for Preliminary Injunction (First Request). Responses due by 7/13/2021. Replies due by 7/20/2021. Signed by Judge Richard F. Boulware, II on 7/9/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 18 NOTICE of Corrected Image/Document re #16 Stipulation by Defendant Sandy O'Laughlin. (Service of corrected image is attached.) (Shevorski, Steven) |
| Filing 17 CLERK'S NOTICE. Attorney Action Required to ECF No. #16 . ERROR: Document is not in compliance with LR IA 6-2 as it states in part that the signature block must not begin on a separate page. Counsel is advised to correct the discrepancy and file a Notice of Corrected Image/Document and link to #16 . (no image attached) (DKJ) |
| Filing 16 VIEW #18 corrected image re STIPULATION FOR EXTENSION OF TIME (First Request) re #5 Motion for Preliminary Injunction, #4 Motion for TRO, by Defendant Sandy O'Laughlin. (Shevorski, Steven) Modified on 7/8/2021 (DKJ). |
| Filing 15 AFFIDAVIT of Service re #2 Summons Issued by Plaintiffs ACA International, Aargon Agency, Inc., Allied Collection Services, Inc., Donna Armenta, AssetCare, LLC, Business and Professional Collection Service, Inc., CF Medical, LLC, Capio Partners, LLC, Clark County Collection Service, LLC, Collection Service of Nevada, Donna Armenta Law, Nevada Collectors Association, Plusfour, Inc., RM Galicia, Inc., The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Reilly, Patrick) |
| Filing 14 CERTIFICATE of Interested Parties by ACA International, Aargon Agency, Inc., Allied Collection Services, Inc., Donna Armenta, AssetCare, LLC, Business and Professional Collection Service, Inc., CF Medical, LLC, Capio Partners, LLC, Clark County Collection Service, LLC, Collection Service of Nevada, Donna Armenta Law, Nevada Collectors Association, Plusfour, Inc., RM Galicia, Inc., The Law Offices of Mitchell D. Bluhm & Associates, LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate Michelle Geil, Other Affiliate Corey Geil for Collection Service of Nevada; Other Affiliate Donna Armenta for Donna Armenta Law; Other Affiliate Charles Brennan, Other Affiliate Keith Berg for Clark County Collection Service, LLC; Other Affiliate Michael Feeney, Other Affiliate Farshid Vahid for Allied Collection Services, Inc.; Other Affiliate Capio Acquisitions, LLC for CF Medical, LLC; Other Affiliate Capio Management, LLC for AssetCare, LLC, Capio Partners, LLC; Other Affiliate Jack J. Young, Other Affiliate George P. Young for Business and Professional Collection Service, Inc.; Other Affiliate Richard B. Bennett for Plusfour, Inc.; Other Affiliate Michelle Geil for Nevada Collectors Association; Other Affiliate Duane Christy, Other Affiliate Daniel Robinson, Other Affiliate Noah Char for Aargon Agency, Inc. added. (Reilly, Patrick) |
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Filing 13
ORDER Granting #11 Verified Petition for Permission to Practice Pro Hac Vice for Attorney David Israel for ACA International, AssetCare, LLC, Capio Partners, LLC, CF Medical, LLC, RM Galicia, and The Law Offices of Mitchell D. Bluhm and Associates, LLC and approving Designation of Local Counsel Patrick J Reilly. Signed by Judge Richard F. Boulware, II on 7/6/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MR)
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| Filing 12 NOTICE of Appearance by attorney Akke Levin on behalf of Defendant Sandy O'Laughlin. (Levin, Akke) |
| Filing 11 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by David Israel and DESIGNATION of Local Counsel Patrick J. Reilly (Filing fee $ 250 receipt number 0978-6544624) by Plaintiffs ACA International, AssetCare, LLC, CF Medical, LLC, Capio Partners, LLC, RM Galicia dba Progressive Management, LLC, The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Reilly, Patrick) |
| Filing 10 NOTICE of Appearance by attorney Steven Shevorski on behalf of Defendant Sandy O'Laughlin. (Shevorski, Steven) |
| Filing 9 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/29/2021. IT IS ORDERED that Defendants' response to [ECF No. 4] Emergency Motion for Temporary Restraining Order and [ECF No. #5 ] Motion for Preliminary Injunction, must be filed by July 9, 2021. Any reply must be filed by July 16. The Court finds that these motions raise various substantive issues that cannot be resolved prior to July 1, 2021 and that Plaintiffs could have filed their motions earlier had they wanted more expedited treatment. IT IS FURTHER ORDERED that the Office of the Attorney General for the State of Nevada shall file a Notice of Special Appearance for the purpose of responding to the filing a response to the [ECF No. #4 ] and [ECF No. #5 ] motions.IT IS FURTHER ORDERED that the [ECF No. #3 ] Motion for Leave To File Excess Pages is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall electronically serve a copy of this minute order and a copy of [ECF No. #4 ] Emergency Motion for Temporary Restraining Order and [ECF No. #5 ] Motion for Preliminary Injunction to the Office of the Attorney General for the State of Nevada. IT IS FURTHER ORDERED that a hearing for oral argument regarding [ECF No. #4 ] Emergency Motion for Temporary Restraining Order and [ECF No. #5 ] Motion for Preliminary Injunction is set for July 27, 2021 at 3:00 p.m. in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 8 CLERK'S NOTICE that this case is randomly reassigned to Judge Richard F. Boulware, II for all further proceedings per 7 Minute Order. All further documents must bear the correct case number 2:21-cv-01202-RFB-BNW. (no image attached) (SLD) |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 6/28/2021 Re: #4 Motion for TRO and #5 Motion for Preliminary Injunction. With good cause appearing, the Honorable Judge James C. Mahan recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - NEV) |
| Filing 6 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel David Israel, Brittany L. Shaw to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 7/12/2021. (no image attached) (DKJ) |
| Filing 5 Emergency MOTION for Preliminary Injunction re #1 Complaint,,, by Plaintiffs ACA International, Aargon Agency, Inc., Allied Collection Services, Inc., Donna Armenta, AssetCare, LLC, Business and Professional Collection Service, Inc., CF Medical, LLC, Capio Partners, LLC, Clark County Collection Service, LLC, Collection Service of Nevada, Donna Armenta Law, Nevada Collectors Association, Plusfour, Inc., RM Galicia dba Progressive Management, LLC, The Law Offices of Mitchell D. Bluhm & Associates, LLC. Responses due by 7/12/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Reilly, Patrick) |
| Filing 4 Emergency MOTION for Temporary Restraining Order re #1 Complaint,,, by Plaintiffs ACA International, Aargon Agency, Inc., Allied Collection Services, Inc., Donna Armenta, AssetCare, LLC, Business and Professional Collection Service, Inc., CF Medical, LLC, Capio Partners, LLC, Clark County Collection Service, LLC, Collection Service of Nevada, Donna Armenta Law, Nevada Collectors Association, Plusfour, Inc., RM Galicia dba Progressive Management, LLC, The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Reilly, Patrick) |
| Filing 3 MOTION for Leave to File Excess Pages by Plaintiffs ACA International, Aargon Agency, Inc., Allied Collection Services, Inc., Donna Armenta, AssetCare, LLC, Business and Professional Collection Service, Inc., CF Medical, LLC, Capio Partners, LLC, Clark County Collection Service, LLC, Collection Service of Nevada, Donna Armenta Law, Nevada Collectors Association, Plusfour, Inc., RM Galicia dba Progressive Management, LLC, The Law Offices of Mitchell D. Bluhm & Associates, LLC. (Reilly, Patrick) |
| Filing 2 Summons Issued as to Sandy O'Laughlin re #1 Complaint. (YAW) |
| Filing 1 COMPLAINT against Sandy O'Laughlin (Filing fee $402 receipt number 0978-6536748) by Donna Armenta Law, CF Medical, LLC, ACA International, Aargon Agency, Inc., Plusfour, Inc., Capio Partners, LLC, Allied Collection Services, Inc., Collection Service of Nevada, Nevada Collectors Association, RM Galicia dba Progressive Management, LLC, The Law Offices of Mitchell D. Bluhm & Associates, LLC, Clark County Collection Service, LLC, AssetCare, LLC, Donna Armenta, Business and Professional Collection Service, Inc.. Proof of service due by 9/23/2021. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Reilly, Patrick) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Brenda Weksler. (YAW) |
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