Goetz v. Midland Credit Management, Inc.
| Chad R. Goetz |
| Midland Credit Management Inc. |
| 5:2021cv00333 |
| March 25, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Gary L Sharpe |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| Filing 34 TEXT ORDER: Attached is a screen shot of the zip file transmitted to the Clerk in the Northern District of New York (NDNY) listing documents from MDL case 11md2286 by docket number in the MDL case. It is clear that most, if not all of these documents, have NOT been docketed in this case, as there are less than 25 docket entries in this case from the time period during which the MDL case was pending. Per Dkt. No. 31 in this case, [t]he parties in this case... stipulated or designated the contents of the remanded record of 11md2286... The documents in the zip file emailed to our Clerk presumably are the documents the parties designated to be part of the record on remand. However, unless one or both of the parties request otherwise, the court will not order that these voluminous documents be docketed in this case pending my receipt and consideration of the status report of the parties due on 6/4/2021, which will advise the court about the prospects for settlement of this case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/28/2021. [Copy served upon pro se plaintiff via regular mail](kmc) |
| TEXT Minute Entry for a telephonic Status Conference held on 4/26/2021 before U.S. Magistrate Judge Andrew T. Baxter. The court discussed the zip file submitted to the Clerk in this district following the remand of the MDL case in Southern California. The court inquired whether all the MDL documents that were supposed to be docketed in this case have been downloaded. If this case does not settle in the near future, Ms. Quinn was directed to look at docket and compare it to the remand designation and let the court know if other documents should be docketed in this case. Mr. Goetz notes that he would potentially like to join two additional defendants in this case, Midland Funding, LLC and Encore Capital Group Incorporated. Defense counsel represents to the court that these two entities would not be appropriate parties under the FDCPA and would not consent to their joinder. The parties also disagree with respect to the appropriate scope of plaintiff-specific discovery that should be allowed in this action following remand. The parties are amenable to continuing settlement discussions and voluntarily exchanging information that might facilitate settlement. The court advises Mr. Goetz to provide Ms. Quinn with copies of documents upon which he will rely that were not provided to her from the MDL. The parties currently disagree as to whether plaintiff could establish willful violations, as alleged in his federal statutory claims, and disagree about the viability of his New York GBL Claim. The parties are directed to meet and confer in an effort to settle the case or narrow their differences as to how this action should proceed if they cannot finalize a settlement. The parties were directed to file a status report by 6/4/2021, advising the court about the status of settlement discussions, whether they believe a settlement conference would be productive, or whether the parties need to proceed with plaintiff-specific discovery and/or motion practice. The status report should include a proposed schedule if the parties conclude that the case will not settle. Appearances: Chad R. Goetz, pro se plaintiff; and Lori Jean Quinn, Esq. for defendant. Time: 1:00 PM - 1:18 PM (Court Reporter Eileen McDonough) [Copy served upon pro se plaintiff via regular mail] (kmc) |
| TEXT Minute Entry for a telephonic Status Conference held on 4/19/2021 before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel has been directed to discuss the status of the case with plaintiff. The status conference has been rescheduled for 4/26/2021 at 1:00 PM. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. Appearances: Chad R. Goetz, pro se plaintiff; and Matthew B. Johnson, Esq. for defendant. Time: 1:35 PM - 1:40 PM. (Court Reporter Eileen McDonough) [Copy served upon pro se plaintiff via regular mail] (kmc) |
| Filing 33 TEXT ORDER: A telephonic Status Conference is set for 4/19/2021 at 01:30 PM (Eastern Time) before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/29/2021. [Copy served upon pro se plaintiff via regular mail.] (nmk) |
| Filing 32 Case transferred in from District of California Southern; Case Number 3:13-cv-01478. electronically transferred when case opened |
| Filing 31 Pursuant to United States Judicial Panel on Multidistrict Litigation Rule 10.4(b), the designated records of this case are being transferred electronically to the Northern District of New York as to case No. 5:13-cv-00050 per the Conditional Remand Order of MDL 2286 (ECF 1085) dated 12/15/2020 (Doc. No. #28 ). The parties in this case also stipulated or designated the contents of the remanded record of 11md2286 as directed in the order dated 1/21/2021 (Docket No. #30 ). Those stipulated records are being transmitted via email. (All non-registered users served via U.S. Mail Service. Judicial Panel on Multidistrict Litigation served electronically.) (no document attached) (jdt) [Transferred from California Southern on 3/25/2021.] |
Filing 30
ORDER Setting Deadline to Comply With JPML Rule 10.4(a) and Order Closing the Case. The Court order that the parties subject to the Panel's remand orders furnish the Clerk for the Southern District of California with a stipulation or designation of the contents of the record to be remanded on or before 2/12/2021. Signed by Judge Michael M. Anello on 1/20/2021.Associated Cases: 3:11-md-02286-MMA-MDD et al. (All non-registered users served via U.S. Mail Service) CC: MDL Panel (jdt) [Transferred from California Southern on 3/25/2021.]
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| Filing 29 NOTICE of MDL Filing: Order Lifting Stay of Conditional Remand Order and Vacating the January 28, 2021 Hearing Session Order. (MDL 2286, ECF 1093.) Associated Cases: 3:11-md-02286-MMA-MDD et al. CC: MDL Panel (All non-registered users served via U.S. Mail Service) (jdt) [Transferred from California Southern on 3/25/2021.] |
| Filing 28 NOTICE of MDL Filing: Conditional Remand Order MDL 2286 (ECF 1085). Associated Cases: 3:11-md-02286-MMA-MDD et al. CC: MDL Panel(All non-registered users served via U.S. Mail Service) (Duplicate filing of ECF No. 834 in 11md2286 to spread Conditional Remand Order to all associated cases.)(jdt) [Transferred from California Southern on 3/25/2021.] |
| Filing 27 NOTICE of Change of Address by Chad R. Goetz (rmc) [Transferred from California Southern on 3/25/2021.] |
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Filing 26
ORDER Re: Submission of Applications for Appointment of New Lead and Liaison Counsel. Signed by Judge Michael M. Anello on 3/22/2017.Associated Cases: 3:11-md-02286-MMA-MDD et al.(All non-registered users served via U.S. Mail Service)(ag) [Transferred from California Southern on 3/25/2021.]
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Filing 25
ORDER Vacating and Resetting Status Hearing. The Court vacates and resets the Status Hearing for 12/7/2016 at 4:00 PM before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 11/30/2016.Associated Cases: 3:11-md-02286-MMA-MDD et al.(All non-registered users served via U.S. Mail Service)(ag) [Transferred from California Southern on 3/25/2021.]
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Filing 24
ORDER VACATING AND RESETTING STATUS HEARING. Status Hearing set for 11/18/2016 at 9:00 AM is hereby vacated and reset for 12/5/2016 at 3:00 PM before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 10/26/2016.(All non-registered users served via U.S. Mail Service)(fth) Modified on 10/26/2016 (amk). [Transferred from California Southern on 3/25/2021.]
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| Filing 23 Mail Returned as Undeliverable re (410 in 3:11-md-02286-MMA-MDD) Transcript. Mail sent to Adeline Vales. Associated Cases: 3:11-md-02286-MMA-MDD et al.(fth) [Transferred from California Southern on 3/25/2021.] |
| Final Approval Hearing and Motion Hearing is reset to Friday, September 30, 2016 at 3:00 p.m. in Courtroom 3A. (no document attached) (pdc) [Transferred from California Southern on 3/25/2021.] |
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Filing 22
ORDER Vacating and Resetting Final Approval Hearing. Final Approval Hearing set for 9/19/2016 at 3:00 PM before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 8/16/2016.Associated Cases: 3:11-md-02286-MMA-MDD et al.(fth) [Transferred from California Southern on 3/25/2021.]
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| Filing 21 NOTICE OF WITHDRAWAL OF DOCUMENT by Eric B. Neumann re (336 in 3:11-md-02286-MMA-MDD) Objection. (fth) [Transferred from California Southern on 3/25/2021.] |
| Filing 20 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Status Conference re Settlement held on 1/29/2015. (Plaintiff Attorney Douglas Campion, Francis Greene). (Defendant Attorney William Boggs, Edward Totino). Associated Cases: 3:11-md-02286-MMA-MDD et al.(no document attached) (cap) [Transferred from California Southern on 3/25/2021.] |
| Filing 19 NOTICE of Teleconference Information Sheet, re (182 in 3:11-md-02286-MMA-MDD, 182 in 3:11-md-02286-MMA-MDD, 182 in 3:11-md-02286-MMA-MDD) ORDER Setting a Telephonic Status Conference for January 29, 2015. Associated Cases: 3:11-md-02286-MMA-MDD et al.(cap) [Transferred from California Southern on 3/25/2021.] |
| Filing 18 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Settlement Disposition Conference held on 12/22/2014. (Douglas Campion, Francis Greene, James Latturner, David Schafer for Plaintiffs). (Edward Totino for Defendants). Order to follow. Associated Cases: 3:11-md-02286-MMA-MDD et al.(no document attached) (cap) [Transferred from California Southern on 3/25/2021.] |
| Filing 17 NOTICE of Teleconference Information Sheet, re (15 in 3:14-cv-02767-MMA-MDD, 15 in 3:14-cv-02767-MMA-MDD) Order Amending Case Management Order and Setting Telephonic Status Conference. Associated Cases: 3:11-md-02286-MMA-MDD et al.(cap) [Transferred from California Southern on 3/25/2021.] |
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Filing 16
ORDER Amending Case Management Order and Setting Telephonic Status Conference. A telephonic status conference will be held on 12/22/2014 at 10:00 a.m. before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 11/25/14. Associated Cases: 3:11-md-02286-MMA-MDD et al. (cap) [Transferred from California Southern on 3/25/2021.]
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| Filing 15 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Telephonic Status Conference held on 6/24/2014. Order to follow.(Plaintiff Attorney Douglas Campion, Francis Richard Greene, James Latturner, Jenny DeFrancesco, David Schafer). (Defendant Attorney William Boggs, Edward Totino). Associated Cases: 3:11-md-02286-MMA-MDD et al.(no document attached) (mkz) [Transferred from California Southern on 3/25/2021.] |
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Filing 14
Amended Case Management Order Re: Discovery Through Filing of Class Certification Motion: Granting (Doc. #63) Joint Motion to Continue Deadlines in case 3:11-md-02286-MMA-MDD. All fact and expert discovery necessary to support or oppose class certification shall be completed by 3/14/2014. All expert disclosures required by Fed.R.Civ.P. 26(a)(2) shall be served on all parties by 1/10/2014. By 4/11/2014, any motion for class certification shall be filed. Signed by Magistrate Judge Mitchell D. Dembin on 9/17/2013. Associated Cases: 3:11-md-02286-MMA-MDD et al.(All non-registered users served via U.S. Mail Service)(leh)(jrd) [Transferred from California Southern on 3/25/2021.]
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Filing 13
ORDER in case 3:10-cv-02261-MMA-MDD; granting (61) motion to continue case management order in case 3:11-md-02286-MMA-MDD. See attached order. Signed by Magistrate Judge Mitchell D. Dembin on 7/16/13. Associated Cases: 3:11-md-02286-MMA-MDD et al.(atk) [Transferred from California Southern on 3/25/2021.]
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| Filing 12 Judge Michael M. Anello and Magistrate Judge Mitchell D. Dembin assigned to transfer case from Northern District of New York. (All non-registered users served via U.S. Mail Service)(no document attached) (kaj) [Transferred from California Southern on 3/25/2021.] |
| Filing 11 Case transferred in from District of New York Northern; Case Number 5:13-cv-00050. Original file received electronically (kaj) (av1). [Transferred from California Southern on 3/25/2021.] |
| Filing 10 JPMDL Conditional Transfer Order #3 - ORDER TRANSFERRING CASE to Southern District of California for inclusion into MDL-2286 Midland Credit Management, Inc. Telephone Consumer Protection Act Litigation; Case to be assigned to the Hon. Michael M. Anello, U.S. District Judge. (dictplp) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| Text Minute Entry for telephonic status conference held before U.S. Magistrate Judge Andrew T. Baxter on 6/5/2013: Parties report on the status of discovery and advise the court that they are on track with the established deadlines. Parties are directed to advise the court if they wish to participate in a settlement conference. Appearances: Chad R. Goetz, plaintiff pro se; Thomas A. Leghorn, Esq. and Shane Biffar, Esq. for deft. Court Reporter: Jodi Hibbard. {Copy served upon plaintiff via regular mail} (mae) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| Filing 9 UNIFORM PRETRIAL SCHEDULING ORDER: Joinder of Parties due by 6/3/2013. Amended Pleadings due by 6/3/2013. Discovery due by 10/15/2013. Motions to be filed by 12/2/2013. Anticipated length of jury trial: 3 days. Preferred Trial Location: Syracuse. Signed by U.S. Magistrate Judge Andrew T. Baxter on 4/2/2013. {Order served upon plaintiff via regular mail} (mae) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| TEXT NOTICE of Hearing: A telephonic status conference is set for 6/5/2013 at 11:00 a.m. before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to initiate the call and is to contact chambers at 315-234-8600 once the plaintiff is on the conference line. {Notice served upon plaintiff via regular mail} (mae) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| Text Minute Entry for Initial Conference held before U.S. Magistrate Judge Andrew T. Baxter on 9/26/2012: Judge Baxter advises plaintiff of the Assisted Mediation Pilot Program and plaintiff informs the court that he will continue to represent himself without the assistance of the mediation program. Judge Baxter sets forth the following deadlines: Mandatory Disclosures due 5/1/2013; Joinder of parties and amendment of pleadings deadline is 6/3/2013; discovery deadline is 10/15/2013; plaintiff's expert disclosure due 7/17/2013; defendant's expert disclosure due 9/2/2013; rebuttal expert disclosures due 9/16/2013; dispositive motion filing deadline is 12/2/2013. A scheduling order will be issued. Plaintiff confirms the phone number on the docket is accurate. Telephonic status conference is set for 6/5/2013 at 11:00 a.m. Appearances: Chad R. Goetz, plaintiff pro se (personal appearance); Thomas A. Leghorn, Esq. (by telephone). Court reporter: Diane Martens. {Copy served upon plaintiff via regular mail} (mae) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| TEXT NOTICE of Hearing: The initial conference in this matter is RESCHEDULED in time only. The conference will be held on 4/2/2013 at 3:30 p.m. in Syracuse before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to contact chambers at 315-234-8600 to participate in the conference. Plaintiff is to appear in courtroom 1 at 3:30 p.m. {Text notice served upon pro se plaintiff via regular mail} (mae) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| Filing 8 CIVIL CASE MANAGEMENT PLAN by Midland Credit Management, Inc.. (Attachments: #1 Certificate of Service)(Leghorn, Thomas) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| TEXT NOTICE of Hearing CHANGE: At the request of defense counsel, the Initial Conference set for 3/28/2013 is hereby RESCHEDULED to 4/2/2013 at 10:00 a.m. in Syracuse before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff is directed to attend personally. Defense counsel may participate by telephone and can reach chambers at 315-234-8600. {Text notice served upon pro se plaintiff via regular mail} (mae) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
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Filing 7
ORDER: The Rule 16 conference set for 5/16/2013 is RESCHEDULED to 3/28/2013 at 10:00 a.m. in Syracuse before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff is directed to attend personally. Defense counsel may participate by telephone. The joint civil case management plan is now due by 3/14/2013. Signed by U.S. Magistrate Judge Andrew T. Baxter on 2/20/2013. {Order served upon pro se plaintiff via regular mail} (mae) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.]
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| Filing 6 ANSWER to #1 Complaint by Midland Credit Management, Inc..(Leghorn, Thomas) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| Filing 5 SUMMONS Returned Executed by Chad R. Goetz. Midland Credit Management, Inc. served on 1/28/2013, answer due 2/19/2013. (dpk) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| Filing 4 PRO SE HANDBOOK and NOTICE issued and explained to Chad R. Goetz at time complaint was filed. (mnm) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/16/2013 11:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan due by 5/2/2013. (mnm) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| Filing 2 Summons Issued as to Midland Credit Management, Inc.. (mnm) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| Filing 1 COMPLAINT against Midland Credit Management, Inc. (Filing fee $350 receipt number SYR034072) filed by Chad R. Goetz.(mnm) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
| Pro Se plaintiff received stemped copies of documents #1 , #2 , #3 , #4 at time of filing case. (mnm) [Transferred from New York Northern on 6/26/2013.] [Transferred from California Southern on 3/25/2021.] |
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| Plaintiff: Chad R. Goetz | |
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| Defendant: Midland Credit Management Inc. | |
| Represented By: | Lori Jean Quinn |
| Represented By: | Matthew B. Johnson |
| Represented By: | Thomas A. Leghorn |
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