Stenger et al v. Technology Credit Union et al
| Bree-Ann Stenger and Brian Stenger |
| Technology Credit Union, Sunlight Financial, LLC, Jayson Waller, Trivest Partners, L.P. and Sunlight Financial, LLC doing business as Sunlight Financial |
| 1:2022cv00721 |
| December 7, 2022 |
| US District Court for the Southern District of Ohio |
| Douglas R Cole |
| Elizabeth Preston Deavers |
| Algenon L Marbley |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
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Filing 46
ORDER granting (40 in 2:22-cv-04266-ALM-EPD, 49 in 2:22-cv-04318-ALM-EPD) Joint MOTION for Extension of Time to File Answer (41 in 2:22-cv-04266-ALM-EPD, 45 in 1:22-cv-00721-ALM-EPD), (42 in 2:22-cv-04266-ALM-EPD, 46 in 2:22-cv-04315-ALM-EPD), (43 in 2:22-cv-04266-ALM-EPD, 44 in 2:22-cv-04310-ALM-EPD). Signed by Magistrate Judge Elizabeth Preston Deavers on November 20, 2023. (jlk)
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Set/Reset Deadlines: Technology Credit Union answer due 12/20/2023. (jlk)
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Filing 45
Joint MOTION for Extension of Time to File Answer New date requested 12/20/2023. ( Responses due by 11/20/2023) by Defendant Technology Credit Union. (Attachments: #1 Text of Proposed Order Proposed Order) Associated Cases: 2:22-cv-04266-ALM-EPD, 1:22-cv-00721-ALM-EPD (Miller, Brant)
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Filing 44
SUGGESTION OF BANKRUPTCY Upon the Record as to Sunlight Financial LLC with Certificate of Service by Defendant Sunlight Financial, LLC. Associated Cases: 2:22-cv-04266-ALM-EPD et al. (Moore, Branden)
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Filing 43
OPINION AND ORDER CONSOLIDATING CASES: ORDERING the Parties to file all documents in the earliest filed case, Bowe v. Cross River Bank, No. 2:22-cv-4266. Signed by Chief Judge Algenon L. Marbley on 10/30/2023. Associated Cases: 2:22-cv-04266-ALM-EPD et al. (cw)
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Filing 42
NOTATION ORDER granting #41 Joint MOTION for Extension of Time to File Answer #1 Complaint as to Technology Credit Union. Answer due 11/20/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on 9/20/2023. (EPD)
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Filing 41
Joint MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 11/20/2023. by Defendant Technology Credit Union. (Attachments: #1 Text of Proposed Order [Proposed] Order) (Miller, Brant)
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Filing 40
NOTATION ORDER granting #34 Joint MOTION for Extension of Time to File Answer as to Technology Credit Union. Answer due 9/20/2023.. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/18/2023. (EPD)
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Filing 39
NOTICE of Change of Address by Trevor G Covey (Covey, Trevor)
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Filing 38
REPLY to Response to Motion re #27 MOTION for Discovery filed by Plaintiffs Bree-Ann Stenger, Brian Stenger. (Roth, Stacie)
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Filing 37
NOTICE by Plaintiff Brian Stenger of Ruling (Attachments: #1 Exhibit Judgment Entry on various motions) (Roth, Stacie)
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Filing 36
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #35 -1 Notice of Ruling filed by Brian Stenger, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #35 Notice of Ruling (Exhibit) filed by Brian Stenger as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 8/2/2023. (mas)
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Filing 35
NOTICE by Plaintiff Brian Stenger of Ruling (Attachments: #1 Exhibit Judgment Entry on various motions) (Roth, Stacie)
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Filing 34
Joint MOTION for Extension of Time to File Answer New date requested 9/20/2023. by Defendant Technology Credit Union. (Miller, Brant)
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Filing 33
RESPONSE in Opposition re #27 MOTION for Discovery on Whether the Arbitration Provision at Issue in this Matter is Enforceable filed by Defendant Sunlight Financial, LLC. (Moore, Branden)
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Filing 32
REPLY to Response to Motion re #22 MOTION to Compel ARBITRATION AND DISMISS COMPLAINT with MEMORANDUM OF LAW IN SUPPORT THEREOF filed by Defendant Sunlight Financial, LLC. (Moore, Branden)
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Filing 31
ORDER Granting #29 Stipulated Motion for Extension of Time. Sunlight's reply to Plaintiffs' Opposition to Sunlight's Motion to Compel Arbitration and Dismiss the Complaint #22 is due by 7/19/2023. Sunlight's response to Plaintiffs' Motion to Conduct Limited Discovery #27 is due by 7/19/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/5/2023. (sln)
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Reset Deadlines as to #22 MOTION to Compel ARBITRATION AND DISMISS COMPLAINT with MEMORANDUM OF LAW IN SUPPORT THEREOF - Replies due by 7/19/2023; #27 MOTION for Discovery - Responses due by 7/19/2023. (sln)
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Filing 30
NOTICE by Defendant Trivest Partners, L.P. re #5 MOTION to Dismiss Complaint Second Notice of Supplemental Authority in Support (Attachments: #1 Exhibit A - Tonya Davis v. Technology Credit Union Opinion and Order) (Covey, Trevor)
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Filing 29
First MOTION for Extension of Time New date requested 7/19/2023. for Sunlight Financial, LLC to Reply to Plaintiffs Opposition to Sunlights Motion to Compel Arbitration and Dismiss the Complaint and its Response to Plaintiffs Motion to Conduct Limited Discovery by Defendant Sunlight Financial, LLC. (Attachments: #1 Text of Proposed Order Proposed Order) (Moore, Branden)
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Filing 28
RESPONSE in Opposition re #22 MOTION to Compel ARBITRATION AND DISMISS COMPLAINT with MEMORANDUM OF LAW IN SUPPORT THEREOF filed by Plaintiffs Bree-Ann Stenger, Brian Stenger. (Attachments: #1 Exhibit Exhibit A- Affidavit of Plaintiff, #2 Exhibit Exhibit B- Loan Agreement) (Burton, Andrew)
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Filing 27
MOTION for Discovery by Plaintiffs Bree-Ann Stenger, Brian Stenger. (Attachments: #1 Exhibit Memorandum in Support of Plaintiff's Motion to Conduct Limited Discovery on Whether the Arbitration Provisions at Issue Are Enforceable, #2 Affidavit Affidavit of Stacie L. Roth) (Roth, Stacie)
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Filing 26
ORDER granting #25 First MOTION for Extension of Time to File Response to #22 MOTION to Compel ARBITRATION AND DISMISS COMPLAINT by Sunlight Financial, LLC. Response due by 6/26/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/9/2023. (EPD)
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Filing 25
First MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Compel ARBITRATION AND DISMISS COMPLAINT with MEMORANDUM OF LAW IN SUPPORT THEREOF New date requested 6/26/2023. by Plaintiffs Bree-Ann Stenger, Brian Stenger. (Attachments: #1 Text of Proposed Order Proposed Order) (Burton, Andrew)
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Filing 24
REPLY to Response to Motion re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Complaint filed by Defendant Jayson Waller. (Lewis, Patrick)
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Filing 23
Supplemental Memorandum Opposing re #5 MOTION to Dismiss Complaint filed by Plaintiffs Bree-Ann Stenger, Brian Stenger. (Attachments: #1 Affidavit Exhibit A- Affidavit of Brian Stenger, #2 Affidavit Exhibit B- Affidavit of Bree-Ann Stenger) (Roth, Stacie)
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Filing 22
MOTION to Compel ARBITRATION AND DISMISS COMPLAINT with MEMORANDUM OF LAW IN SUPPORT THEREOF by Defendant Sunlight Financial, LLC. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B) (Moore, Branden)
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Filing 21
ORDER granting #20 First MOTION for Extension of Time to File Answer New date requested 8/21/2023. Technology Credit Union answer due 8/21/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on May 22, 2023. (jlk)
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Filing 20
First MOTION for Extension of Time to File Answer New date requested 8/21/2023. by Defendant Technology Credit Union. (Attachments: #1 Text of Proposed Order, #2 Exhibit) (Miller, Brant)
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Filing 19
RESPONSE to Motion re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Complaint filed by Plaintiffs Bree-Ann Stenger, Brian Stenger. (Roth, Stacie)
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Filing 18
NOTICE by Defendant Trivest Partners, L.P. re #5 MOTION to Dismiss Complaint - Supplemental Authority in Support (Attachments: #1 Exhibit A - Tonya Davis v Technology Credit Union) (Covey, Trevor)
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Filing 17
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Complaint by Defendant Jayson Waller. (Lewis, Patrick)
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Filing 16
REPLY to Response to Motion re #5 MOTION to Dismiss Complaint filed by Defendant Trivest Partners, L.P.. (Covey, Trevor)
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Filing 15
ORDER granting ECF #12 . Plaintiffs' may have an additional 30 DAYS FROM THE DATE OF THIS ORDER to complete service on the unserved Defendants. (Deadline 5/19/2023). Signed by Magistrate Judge Elizabeth Preston Deavers on 4/19/2023. (vb)
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Filing 14
WAIVER OF SERVICE Returned Executed. Waiver sent to Sunlight Financial, LLC on 3/21/2023, answer due 5/22/2023. (Roth, Stacie)
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Filing 13
NOTICE by Plaintiffs Bree-Ann Stenger, Brian Stenger re #12 MOTION for Extension of Time New date requested 5/4/2023. SUPPLEMENTAL EXHIBIT (Attachments: #1 Exhibit AFFIDAVIT OF BETH FETE) (Roth, Stacie)
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Filing 12
MOTION for Extension of Time New date requested 5/4/2023. by Plaintiffs Bree-Ann Stenger, Brian Stenger. (Attachments: #1 Exhibit AFFIDAVIT OF STACIE ROTH, #2 Exhibit AFFIDAVIT OF BETH FETE) (Roth, Stacie)
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Filing 11
RESPONSE in Opposition re #5 MOTION to Dismiss Complaint filed by Plaintiffs Bree-Ann Stenger, Brian Stenger. (Roth, Stacie)
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Filing 10
WAIVER OF SERVICE Returned Executed. Waiver sent to Technology Credit Union on 4/10/2023, answer due 6/9/2023. (Roth, Stacie)
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Filing 9
Corporate Disclosure Statement by Defendant Technology Credit Union. (Miller, Brant)
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Filing 8
NOTICE of Appearance by Brant T Miller for Defendant Technology Credit Union (Miller, Brant)
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Filing 7
ORDER TO SHOW CAUSE: ECF #1 It does not appear that service of process has been effectuated on Defendants Technology Credit Union, Sunlight Financial LLC, or Jayson Waller as required by Federal Rule of Civil Procedure 4(m).1 Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE WITHIN FOURTEEN (14) DAYS OF THE DATE OF THIS ORDER why this action should not be dismissed as to these Defendants and why an extension of time to effect service should be allowed. The good cause showing should be supported with sworn affidavits. Show Cause Response due by 4/13/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on 3/30/2023. (vb)
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Filing 6
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:22-cv-2930 ARE related. Case reassigned to Chief Judge Algenon L. Marbley and Magistrate Judge Elizabeth Preston Deavers for all further proceedings. Signed by Chief Judge Algenon L. Marbley, Judge Michael R. Barrett, Judge James L. Graham, Judge Sarah D. Morrison and Judge Douglas R. Cole on 3/24/2023. (er)
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Filing 5
MOTION to Dismiss Complaint by Defendant Trivest Partners, L.P.. (Attachments: #1 Exhibit 1 - Inc.com Article) (Covey, Trevor)
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Filing 4
WAIVER OF SERVICE Returned Executed. Waiver sent to Trivest Partners, L.P. on 1/20/2023, answer due 3/21/2023. (Roth, Stacie)
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Filing 3
Summons Issued as to Sunlight Financial, LLC, Technology Credit Union, Trivest Partners, L.P., Jayson Waller. (pb)
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If this case is to be referred, it will be Magistrate Judge Judge Karen L. Litkovitz (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 1
COMPLAINT Bree-Ann and Brian Stenger against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-9170151), filed by Bree-Ann Stenger. (Attachments: #1 Civil Cover Sheet Signed Cover Sheet, #2 Exhibit A (Sales Agreement), #3 Exhibit B (Loan Agreement), #4 Summons Form Proposed Summons) (Burton, Andrew)
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