Daschbach v. Rocket Mortgage, LLC
| Richard Daschbach |
| Rocket Mortgage, LLC |
| 1:2022cv00346 |
| September 2, 2022 |
| US District Court for the District of New Hampshire |
| Joseph N Laplante |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2023. A more recent docket listing may be available from PACER.
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Filing 28
ORDER denying #15 Motion to Compel Arbitration and to Dismiss First Amended Complaint; denying #16 Motion to Dismiss for Failure to State a Claim. So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 4/5/2023.(jb)
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ENDORSED ORDER reviewing #25 Notice of Supplemental Authority, #26 Response to Notice of Supplemental Authority, #27 Notice of Supplemental Authority. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(jb)
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Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 3/2/2023 re #15 MOTION to Compel Arbitration and to Dismiss First Amended Complaint and #16 MOTION to Dismiss for Failure to State a Claim. Order to issue. (Court Reporter: Brenda Hancock) (Pltfs Atty: Taylor True Smith, V. Richard Ward, Jr.) (Defts Atty: Kyle Tayman, Christina Hennecken, Steven J. Dutton)(Total Hearing Time: 1 hour, 22 minutes) (jb)
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Filing 27
NOTICE of Supplemental Authority by Rocket Mortgage, LLC.(Tayman, Kyle)
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Filing 26
RESPONSE re #25 Notice (Other), Response to Plaintiff's Notice of Supplemental filed by Rocket Mortgage, LLC. (Tayman, Kyle)
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Filing 25
NOTICE of Supplemental Authority in support of Plaintiff's Response in Opposition to Defendant's Motion to Compel Arbitration by Richard Daschbach. (Attachments: #1 Exhibit A - Williams v. DDR Media, LLC, et al.)(Smith, Taylor)
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Filing 24
Exhibit Cover Letter re 3/2/2023 Motion Hearing by Rocket Mortgage, LLC.(ko)
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ENDORSED ORDER: No pretrial conference will be scheduled until after resolution of the pending Motion to Compel Arbitration and to Dismiss First Amended Complaint (doc. no. 15) and the Motion to Dismiss for Failure to State a Claim (doc. no. 16). Given the issues raised in the motions, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) to after the rescheduled pretrial conference. So Ordered by Judge Joseph N. Laplante.(ko)
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Filing 23
REPLY to Objection to Motion re #16 MOTION to Dismiss for Failure to State a Claim filed by Rocket Mortgage, LLC. Surreply due by 1/17/2023. (Tayman, Kyle)
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Filing 22
REPLY to Objection to Motion re #15 MOTION to Compel Arbitration and to Dismiss First Amended Complaint filed by Rocket Mortgage, LLC. Surreply due by 1/17/2023. (Tayman, Kyle)
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NOTICE re: #15 MOTION to Compel Arbitration and to Dismiss First Amended Complaint, #16 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 3/2/2023 at 10:00 AM before Judge Joseph N. Laplante.(ko)
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Filing 20
MEMORANDUM in Opposition re #15 MOTION to Compel Arbitration and to Dismiss First Amended Complaint Replaces document no. 19 filed by Richard Daschbach. Follow up on Reply on 12/30/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) A - Declaration of Taylor T. Smith, #2 Attachment to Exhibit A (Ex. 1 - Berman Disclosures), #3 Attachment to Exhibit A (Ex. 2 - Cullinane Disclosures), #4 Attachment to Exhibit A (Ex. 3 - Shirley Disclosures), #5 Attachment to Exhibit A (Ex. 4 - Rodriguez Disclosure), #6 Attachment to Exhibit A (Ex. 5 - Hill Disclosure))(Smith, Taylor)
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NOTICE of ECF Filing Error re: #19 Memorandum in Opposition to Motion, filed by Richard Daschbach. Exhibits or Attachments added as one PDF document. Filer shall refile the main pleading and all exhibits in one entry as separate PDF documents and enter in the docket text: Replaces document no. 19. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374.Compliance Deadline set for 12/27/2022.(jb)
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Filing 19
Replaced by Doc. no. #20 - MEMORANDUM in Opposition re #15 MOTION to Compel Arbitration and to Dismiss First Amended Complaint filed by Richard Daschbach. Follow up on Reply on 12/27/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) A - Declaration of Taylor T. Smith)(Smith, Taylor) Modified on 12/23/2022 to add replaced text (jb).
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Filing 18
MEMORANDUM in Opposition re #16 MOTION to Dismiss for Failure to State a Claim filed by Richard Daschbach. Follow up on Reply on 12/27/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Smith, Taylor)
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ENDORSED ORDER approving #17 Stipulatio re #16 MOTION to Dismiss for Failure to State a Claim, #15 MOTION to Compel Arbitration and to Dismiss First Amended Complaint re: Extension of Time for Briefing of Defendant's Motion to Compel Arbitraton and Motion to Dismiss. Text of Order: Approved. So Ordered by Judge Joseph N. Laplante.(jb)
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Filing 17
STIPULATION re #16 MOTION to Dismiss for Failure to State a Claim , #15 MOTION to Compel Arbitration and to Dismiss First Amended Complaint re: Extension of Time for Briefing of Defendant's Motion to Compel Arbitration and Motion to Dismiss by Richard Daschbach (Attachments: #1 Proposed Order)(Smith, Taylor)
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Filing 21
Conventionally Filed Exhibit 5 re #15 Motion to Compel Arbitration and to Dismiss First Amended Complaint by Rocket Mortgage, LLC.(ko)
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Filing 16
MOTION to Dismiss for Failure to State a Claim filed by Rocket Mortgage, LLC. HEARING REQUESTED.Follow up on Objection on 12/13/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law)(Tayman, Kyle)
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Filing 15
MOTION to Compel Arbitration and to Dismiss First Amended Complaint filed by Rocket Mortgage, LLC. HEARING REQUESTED.Follow up on Objection on 12/13/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). Certain exhibit(s) maintained conventionally in Clerks Office. (Attorney filers must submit conventional materials to the court within 72 hours.) (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Declaration of Mitchell Viner, #3 REPLACED BY #11 - Exhibit Viner 1 - September 13, 2021 Lead, #4 REPLACED BY #12Exhibit Viner 2 - December 20, 2021 Lead, #5 Exhibit Viner 3 - Notice of Conventional Filing, #6 Exhibit Viner 4 - LMB's Terms of Use, #7 Exhibit Viner 5 - LMB's Provider Network, #8 Exhibit (Affidavit) Declaration of Christina L. Hennecken, #9 Exhibit Hennecken 1 - Title Report, #10 Exhibit (Affidavit) Declaration of Amy Courtney)(Tayman, Kyle) (Additional attachment(s) added on 12/29/2022: #11 Exhibit 1 - Viner 1 - September 13, 2021 Lead (replaces 15-3], #12 Exhibit 2 - Viner 2 - December 20, 2021 Lead (replaces 15-4)) (jb). Modified on 12/29/2022 to add #11, 12 as replacements for #3, 4 (jb).
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Filing 14
Disclosure Statement by Rocket Mortgage, LLC disclosing a parent company, no publicly traded company, and no merger agreement. (Tayman, Kyle)
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Filing 13
NOTICE of Attorney Appearance by Kyle Tayman on behalf of Rocket Mortgage, LLC Attorney Kyle Tayman added to party Rocket Mortgage, LLC(pty:dft).(Tayman, Kyle)
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Filing 12
NOTICE of Attorney Appearance by Brooks R. Brown on behalf of Rocket Mortgage, LLC Attorney Brooks R. Brown added to party Rocket Mortgage, LLC(pty:dft).(Brown, Brooks)
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Filing 11
NOTICE of Attorney Appearance by Christina Hennecken on behalf of Rocket Mortgage, LLC Attorney Christina Hennecken added to party Rocket Mortgage, LLC(pty:dft).(Hennecken, Christina)
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Filing 10
AMENDED COMPLAINT against Rocket Mortgage, LLC with jury demand First Amended Class Action Complaint filed by Richard Daschbach.(Smith, Taylor)
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ENDORSED ORDER granting #6 Assented to Motion to Amend Complaint, Assented to Motion to Extend Time to Answer to 11/29/2022; granting #7 Assented to Motion for W. Kyle Tayman to Appear Pro Hac Vice; granting #8 Assented to Motion for Christina L. Hennecken to Appear Pro Hac Vice; granting #9 Assented to Motion for Brooks R. Brown to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante. (Amended Pleadings due by 11/4/2022.) The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(ko)
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Filing 9
Assented to MOTION for Brooks R. Brown to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2307085.) filed by Rocket Mortgage, LLC. (Attachments: #1 Exhibit (Affidavit) Declaration of Brooks R. Brown)(Dutton, Steven)
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Filing 8
Assented to MOTION for Christina L. Hennecken to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2307083.) filed by Rocket Mortgage, LLC. (Attachments: #1 Exhibit (Affidavit) Declaration of Christina L. Hennecken)(Dutton, Steven)
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Filing 7
Assented to MOTION for W. Kyle Tayman to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2307079.) filed by Rocket Mortgage, LLC. (Attachments: #1 Exhibit (Affidavit) A Declaration of W. Kyle Tayman)(Dutton, Steven)
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Filing 6
Assented to MOTION to Amend Complaint, Assented to MOTION to Extend Time to Answer to 11/29/2022 filed by Rocket Mortgage, LLC. Attorney Steven J. Dutton added to party Rocket Mortgage, LLC(pty:dft).(Dutton, Steven)
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Filing 5
NOTICE of Attorney Appearance by Taylor True Smith on behalf of Richard Daschbach Attorney Taylor True Smith added to party Richard Daschbach(pty:pla).(Smith, Taylor)
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ENDORSED ORDER granting #4 Assented to Motion for Taylor T. Smith to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(ko)
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Filing 4
Assented to MOTION for Taylor T. Smith to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2293895.) filed by Richard Daschbach. (Attachments: #1 Exhibit Declaration of Taylor T. Smith, #2 Proposed Order Proposed Order)(Ward, V.)
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Filing 3
Summons issued electronically as to Rocket Mortgage, LLC. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(mc)
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NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc)
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Filing 2
WAIVER OF SERVICE Returned Executed as to Rocket Mortgage, LLC by Richard Daschbach. Served/Mailed on 9/2/2022. Answer Follow Up on 11/4/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Ward, V.)
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Case assigned to Judge Joseph N. Laplante. The case designation is: 1:22-cv-346-JL. Please show this number with the judge designation on all future pleadings. (mc)
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Filing 1
NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 402, receipt number ANHDC-2287863 filed by Richard Daschbach. (Attachments: #1 Civil Cover Sheet, #2 Summons - Waiver)(Ward, V.)
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