Lesane v. Santander Consumer USA, Inc. et al
| Shaquan Lavena Lesane |
| Santander Consumer USA, Inc. and Collateral Recovery, Inc. |
| 5:2017cv00602 |
| December 13, 2017 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| James C Dever |
| Real Property: Other |
| 15 U.S.C. § 1692 |
| Both |
Docket Report
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This docket was last retrieved on June 25, 2018. A more recent docket listing may be available from PACER.
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| Filing 56 JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the court GRANTS Collateral Recovery, Inc.'s motion to dismiss [D.E. 30] and DISMISSES plaintiff's complaint without prejudice. Signed by Peter A. Moore, Jr., Clerk of Court on 6/25/2018. Copy mailed to plaintiff. (Jenkins, C.) |
Filing 55
ORDER: the court GRANTS Collateral Recovery, Inc.'s motion to dismiss #30 and DISMISSES plaintiff's complaint without prejudice. Signed by Chief Judge James C. Dever III on 6/25/2018. Copy mailed to plaintiff. (Jenkins, C.)
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Filing 54
ORDER granting #17 Motion to Compel Arbitration and Stay Proceedings. This action be and hereby is STAYED in lieu of arbitration as provided for in the parties' May 3, 2017, Extension Agreement; and Plaintiff be and hereby is compelled to pursue her claims via arbitration in accordance with the parties' May 3, 2017, Extension Agreement. Signed by Chief Judge James C. Dever III on 6/20/2018. Copy mailed to pro se plaintiff. (Jenkins, C.)
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Filing 53
TEXT ORDER denying #51 Motion for Summary Judgment. Signed by Chief Judge James C. Dever III on 6/20/2018. (Hayes, Lyndsay)
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Filing 52
TEXT ORDER denying #39 motion for order of final judgment; denying #40 motion for order of final judgment; denying #43 motion for final judgment order; denying #47 motion for settlement in an expressed manner for equitable relief; denying #49 motion for equitable relief, redress and settlement; denying #14 motion for entry of default; denying #15 motion for default judgment; denying #22 motion for sanctions. Signed by Chief Judge James C. Dever III on 6/20/2018. (Hayes, Lyndsay)
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| Remark: 52 and 53 Text Order mailed to the pro se plaintiff at: Shaquan Lavena Lesane - 4205 Brockston Dr., Apt. B - Raleigh, NC 27604. (Jenkins, C.) |
| Filing 51 MOTION for Summary Judgment filed by Shaquan Lavena Lesane. (Briggeman, N.) |
| Motion Submitted to Chief Judge James C. Dever III regarding #22 MOTION for Sanctions, #15 MOTION for Default Judgment, #47 MOTION for Settlement in an expressed manner for equitable relief, #14 MOTION for Entry of Default, #40 MOTION for an Order of Final Judgment, #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction, #39 MOTION for an Order for Final Judgment, #49 MOTION for Equitable Relief, Redress and Settlement, #43 MOTION for Final Judgment Order, #17 MOTION to Compel Arbitration and Stay Proceedings. (Briggeman, N.) |
| Filing 50 RESPONSE in Opposition regarding #49 MOTION for Equitable Relief, Redress and Settlement filed by Collateral Recovery, Inc.. (Thornton, Rebecca) |
| Filing 49 MOTION for Equitable Relief, Redress and Settlement filed by Shaquan Lavena Lesane. (Attachments: #1 Exhibit A - Fee Schedule, #2 Text of Proposed Order) (Briggeman, N.) |
| Filing 48 Proposed Order regarding #17 MOTION to Compel Arbitration and Stay Proceedings filed by Santander Consumer USA, Inc.. (Perle, Scott) |
| Filing 47 MOTION for Settlement in an expressed manner for equitable relief filed by Shaquan Lavena Lesane. (Briggeman, N.) |
| Filing 46 Objection to Collateral Recovery's Response to Motion regarding #43 MOTION for Final Judgment Order and #44 Sworn Affidavit filed by Shaquan Lavena Lesane. (Attachments: #1 Exhibit A - Raleigh Police Department Incident Recall) (Briggeman, N.) |
| Filing 45 RESPONSE in Opposition regarding #43 MOTION for Final Judgment Order filed by Collateral Recovery, Inc.. (Thornton, Rebecca) |
| Filing 44 Sworn Affidavit and Constructive Notice filed by Shaquan Lavena Lesane. (Attachments: #1 Exhibit B - Cover letter of courtesy copies sent to the court by defendant, #2 Exhibit C - Contract filed at #35 , #3 Exhibit D - Screenshot of Connecticut Department of Banking News Release, #4 Exhibit E - News Story entitled, "Consumer Financial Protection Bureau Orders Santander Bank to Pay $10 Million Fine for Illegal Overdraft Practices", #5 Exhibit F - News story entitled, "AG Healey Secures $22 Million From Santander in First-in-the-nation Settlement Involving Subprime Auto Loans") (Briggeman, N.) |
| Filing 43 MOTION for Final Judgment Order filed by Shaquan Lavena Lesane. (Attachments: #1 Exhibit A - Durable Power of Attorney for Shaquan Lavena Lesane) (Briggeman, N.) |
| Filing 42 RESPONSE in Opposition regarding #39 MOTION for an Order for Final Judgment, #40 MOTION for an Order of Final Judgment filed by Collateral Recovery, Inc.. (Attachments: #1 Affidavit of Rebecca R Thornton) (Thornton, Rebecca) |
| Filing 41 RESPONSE in Opposition regarding #39 MOTION for an Order for Final Judgment filed by Santander Consumer USA, Inc.. (Perle, Scott) |
| Filing 40 MOTION for an Order of Final Judgment filed by Shaquan Lavena Lesane. (Briggeman, N.) |
| Filing 39 MOTION for an Order for Final Judgment filed by Shaquan Lavena Lesane. (Attachments: #1 Certificate of Service) (Briggeman, N.) |
| Filing 38 REPLY to Response to Motion regarding #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Collateral Recovery, Inc.. (Thornton, Rebecca) |
| Filing 37 RESPONSE in Opposition regarding #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction filed by Shaquan Lavena Lesane. (Attachments: #1 Exhibit A - Webpage regarding Attorney Geoff Oertel of Oertel, Koonts, & Oertel, #2 Exhibit B - Screenshot of PACER, #3 Exhibit C and E - Screenshot of Google search of collateral recovery, #4 Exhibit D - Goodle reviews of Collateral Recovery, #5 Exhibit F - Screenshot of Collateral Recovery's Address and phone numbers on the Whitepages, #6 Exhibit H - Press Release from October 27, 2017 "Santander Consumer USA Holdings Inc. Reports Third Quarter 2017 Net Income of $199 million, #7 Certificate of Service) (Briggeman, N.) |
| Filing 36 REPLY to Response to Motion regarding #22 MOTION for Sanctions filed by Shaquan Lavena Lesane. (Attachments: #1 Plaintiff's Experian Credit Report) (Briggeman, N.) |
| Filing 35 Notice filed by Santander Consumer USA, Inc. regarding #18 Memorandum in Support Corrected Exhibit A to Affidavit of Mark Mooney. (Perle, Scott) |
| Filing 34 RESPONSE in Opposition regarding #22 MOTION for Sanctions filed by Santander Consumer USA, Inc.. (Attachments: #1 Supplement Declaration of S. Perle, #2 Exhibit Corrected Exhibit) (Perle, Scott) |
| Notice to Counsel regarding: #35 Notice - other. The document attached as Exhibit A is illegible and the words are too small to see. Please re-file a legible version of this document. (Briggeman, N.) |
| Filing 33 Rule 12 Letter Issued as to #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction. Response due by 2/26/2018. (Briggeman, N.) |
| Filing 32 ANSWER to #10 Complaint with Jury Demand by Collateral Recovery, Inc.. (Thornton, Rebecca) |
| Filing 31 Memorandum in Support regarding #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Collateral Recovery, Inc.. (Thornton, Rebecca) |
| Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by Collateral Recovery, Inc.. (Thornton, Rebecca) |
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Filing 29
ORDER granting #25 Motion for Extension of Time to Answer. Collateral Recovery, Inc. answer due 2/5/2018. Signed by Peter A. Moore, Jr., Clerk of Court on 2/1/2018. (Briggeman, N.)
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| Notice of Pro Se E-Noticing - Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. All documents filed in CM-ECF will be served on this party via email pursuant to Rule 5 of the Federal Rules of Civil Procedure and Local Civil Rule 5.1. (Briggeman, N.) |
| Filing 28 Financial Disclosure Statement by Collateral Recovery, Inc. (Thornton, Rebecca) |
| Filing 27 RESPONSE in Opposition regarding #14 MOTION for Entry of Default filed by Collateral Recovery, Inc.. (Thornton, Rebecca) |
| Filing 26 Memorandum in Support regarding #25 MOTION for Extension of Time to File Answer regarding #10 Complaint and for relief to file Answer out of time by Collateral Recovery, Inc.. (Attachments: #1 Exhibit Declaration of Geoffrey Oertel, #2 Exhibit Proposed Draft Answer and Motion to Dismiss) (Thornton, Rebecca) |
| Filing 25 MOTION for Extension of Time to File Answer regarding #10 Complaint and for relief to file Answer out of time filed by Collateral Recovery, Inc.. (Thornton, Rebecca) |
| Filing 24 Notice of Appearance filed by Rebecca Ann Rausch Thornton on behalf of Collateral Recovery, Inc.. (Thornton, Rebecca) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding: #25 MOTION for Extension of Time to File Answer regarding #10 Complaint and for relief to file Answer out of time. (Briggeman, N.) |
| Filing 23 Certificate of Service filed by Shaquan Lavena Lesane regarding #22 MOTION for Sanctions, #21 Response in Opposition to Motion. (Briggeman, N.) |
| Filing 22 MOTION for Sanctions filed by Shaquan Lavena Lesane. (Briggeman, N.) |
| Filing 21 RESPONSE in Opposition regarding #17 MOTION to Compel Arbitration and Stay Proceedings filed by Shaquan Lavena Lesane. (Attachments: #1 Certificate of Service, #2 Exhibit 1 - Partial Copy of Original Complaint, #3 Exhibit E - Second half of Original Complaint, #4 Exhibit 2 - Letter to Plaintiff dated 10/30/2017 from the North Carolina Department of Justice Consumer Protection Division, #5 Exhibit B, C, D, E - Emails correspondence between plaintiff and defendant's attorney) (Briggeman, N.) |
| Filing 20 Financial Disclosure Statement by Santander Consumer USA, Inc. (Perle, Scott) |
| Filing 19 RESPONSE in Opposition regarding #15 MOTION for Default Judgment as to, #14 MOTION for Entry of Default filed by Santander Consumer USA, Inc.. (Perle, Scott) |
| Filing 18 Memorandum in Support regarding #17 MOTION to Compel Arbitration and Stay Proceedings filed by Santander Consumer USA, Inc.. (Attachments: #1 Affidavit Declaration of M. Mooney) (Perle, Scott) |
| Filing 17 MOTION to Compel Arbitration and Stay Proceedings filed by Santander Consumer USA, Inc.. (Perle, Scott) |
| Filing 16 Certificate of Service filed by Shaquan Lavena Lesane regarding #15 MOTION for Default Judgment as to, #14 MOTION for Entry of Default. (Briggeman, N.) |
| Filing 15 MOTION for Default Judgment filed by Shaquan Lavena Lesane. (Attachments: #1 Text of Proposed Order) (Briggeman, N.) |
| Filing 14 MOTION for Entry of Default filed by Shaquan Lavena Lesane. (Attachments: #1 Certificate of Service, #2 Affidavit in Support of Entry of Default, #3 Text of Proposed Order) (Briggeman, N.) |
| Filing 13 USM-285 Form - Summons and Complaint served on Collateral Recovery, Inc. on 12/28/2017. (Briggeman, N.) |
| Filing 12 USM-285 Form - Summons and Complaint served on Santander Consumer USA, Inc. on 12/22/2017. (Briggeman, N.) |
| Filing 11 Summonses Issued as to Collateral Recovery, Inc., Santander Consumer USA, Inc. (Briggeman, N.) |
| Filing 10 COMPLAINT against Santander Consumer USA, Inc., Collateral Recovery, Inc., filed by Shaquan Lavena Lesane. (Attachments: #1 Appendix A - Case Citations, #2 Appendix B - Definitions, #3 Appendix C - Account Information) (Briggeman, N.) |
| Remark: Certified copy of #9 Order and file-stamped copies of summonses and complaint forwarded to the United States Marshal for service, along with USM-285 Forms. (Briggeman, N.) |
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Filing 9
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge James C. Dever III on 12/13/2017. Sent to Shaquan Lavena Lesane at 4205 Brockston Dr. Apt. B Raleigh, NC 27604 via US Mail. (Briggeman, N.)
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| Filing 8 Document: Proposed Amended Complaint filed by Shaquan Lavena Lesane. (Briggeman, N.) |
| Filing 7 Notice of Self-Representation filed by Shaquan Lavena Lesane. (Briggeman, N.) |
| Filing 6 Financial Disclosure Statement filed by Shaquan Lavena Lesane. (Briggeman, N.) |
| Filing 5 Notice - Proposed Summons filed by Shaquan Lavena Lesane. (Briggeman, N.) |
| Filing 4 Notice - Civil Cover Sheet filed by Shaquan Lavena Lesane. (Briggeman, N.) |
| Motion Submitted to Chief Judge James C. Dever III: regarding #1 MOTION for Leave to Proceed in forma pauperis. (Briggeman, N.) |
| Filing 3 Notice of Self-Representation filed by Shaquan Lavena Lesane. (Rudd, D.) |
| Filing 2 Financial Disclosure Statement filed by Shaquan Lavena Lesane. (Rudd, D.) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis, filed by Shaquan Lavena Lesane. (Attachments: #1 Proposed Complaint, #2 Appendix A - Case Citations, #3 Appendix B - Definitions, #4 Appendix C - Account Information, #5 Civil Cover Sheet) (Rudd, D.) |
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