Charvat v. Discover Financial Services Inc et al
| Philip J Charvat |
| Consolidated Communications Market Response Inc, Discover Bank, Americall Group Inc, Epixtar Marketing Corp, Visionquest Marketing Services Inc, Discover Financial Services Inc and Consolidated Market Response, Inc. |
| Rick L. Brunner |
| 2:2009cv00490 |
| June 15, 2009 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| FRANKLIN |
| Terence P Kemp |
| Edmund A Sargus |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 1, 2011. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 83 STIPULATION of Dismissal by Defendants Americall Group Inc, Consolidated Communications Market Response Inc, Discover Bank, Discover Financial Services Inc & Plaintiff Philip J Charvat. (Root, Emily) |
| Set/Reset Deadlines: Americall Group Inc answer to amended complaint due 4/22/2011 per #81 (Stipulation) (kk2) |
| Filing 82 ANSWER to #26 Amended Complaint filed by Consolidated Communications Market Response Inc. (Ezzie, Joseph) |
| Filing 81 STIPULATION for Extension of Time to Plead re #26 Amended Complaint by Defendant Americall Group Inc & Plaintiff Philip J Charvat. (Gallon, Eric) |
Filing 80
OPINION AND ORDER - Plaintiff's Motion for Default Judgment #64 is held in abeyance. The Clerk is directed to remove this motion from the Court's pending motions list. By motion, Plaintiff may reactivate the motion upon final determination of the merits of this action. The Motions to Dismiss of Discover #28 , Americall #42 , and CCMR #49 are GRANTED. Counts 4 through 7 are dismissed as to Discover. Counts 2 through 7 are dismissed as to Americall and CCMR. Signed by Judge Edmund A Sargus on 03/18/2011. (dh1)
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Filing 79
ORDER granting #78 Interested Party Rick L. Brunner's motion for an 8 week continuance in this matter. This matter is STAYED until 03/09/2011. Signed by Judge Edmund A Sargus on 01/18/2011. (dh1)
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| Filing 78 MOTION For Eight Week Continuance and Notice of Plaintiff's Counsel's Disability filed by Interested Party Rick L Brunner. (sr) |
| Filing 77 NOTICE of Authority re #42 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for Failure to State Claims upon which Relief Can Be Granted by Defendant Americall Group Inc. (Attachments: #1 Exhibit Charvat v. EchoStar (6th Cir. Dec. 30, 2010)) (Gallon, Eric) Modified on 1/11/2011 to clarify text (kk2) |
| Filing 76 NOTICE vacating #75 Notice of 12/10 SW - (wh1) |
| Filing 75 NOTICE: Settlement Week Conference set for 12/17/2010 @ 9:00am w/mediator Sandra L Lynskey (wh1) |
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Filing 74
ORDER: case referred to December 2010 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 11/09/2010. (sr)
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Filing 73
ORDER. Counsel to confer w/in five (5) business days and inform Court via e-mail by 11/3/2010 if case should not be set for December 2010 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 10/20/2010. (pes1)
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Filing 72
ORDER granting #71 Second MOTION for Extension of Time. Dispositive motions shall be filed no later than thirty days after this Court issues a ruling on the Defendants' pending motions to dismiss. Signed by Magistrate Judge Terence P Kemp on 9/22/2010. (pes1) Modified on 9/23/2010 to clarify text (kk2)
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| Filing 71 Second MOTION for Extension of Time to File Dispositive Motion to Thirty Days After Court Rules on Motions to Dismiss by Defendants Americall Group Inc, Consolidated Communications Market Response Inc, Discover Bank, Discover Financial Services Inc & Plaintiff Philip J Charvat. New date requested 12/30/2010. (Gallon, Eric) Modified on 9/22/2010 to clarify text (kk2) |
| Filing 70 NOTICE vacating #69 Notice of 09/10 SW conf -reset 12/10 SW (wh1) |
| Filing 69 NOTICE: Settlement Week Conference set for 9/13/2010 @ 10:30am w/mediator Leon Friedberg (wh1) |
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Filing 68
ORDER granting #67 Motion for extension of time to file dispositive motions. Dispositive motions due by 09/30/2010. Signed by Magistrate Judge Terence P Kemp on 08/11/2010. (sr)
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| Set/Reset Columbus PPTO Deadlines: Dispositive motions due by 9/30/2010. (sr) |
| Notice of Correction: Docket text of #66 corrected to read as follows - "Proposed Order re #67 Joint MOTION for Extension of Time to File Dispositive Motions by Defendants Americall Group Inc, Consolidated Communications Market Response Inc, Discover Bank, Discover Financial Services Inc & Plaintiff Philip J Charvat." Document was misfiled by counsel. (kk2) |
| Filing 67 Joint MOTION for Extension of Time to File Dispositive Motions by Defendants Americall Group Inc, Consolidated Communications Market Response Inc, Discover Bank, Discover Financial Services Inc & Plaintiff Philip J Charvat. New date requested 9/30/2010. (Ezzie, Joseph) Modified on 8/10/2010 to correct text (kk2) |
| Filing 66 Proposed Order re #67 Joint MOTION for Extension of Time to File Dispositive Motions by Defendants Americall Group Inc, Consolidated Communications Market Response Inc, Discover Bank, Discover Financial Services Inc & Plaintiff Philip J Charvat. (Tucker, Robert) Modified on 8/10/2010 to correct text (kk2) |
| Filing 65 NOTICE of Withdrawal of Counsel of Lisa A. Wafer (Ferron, John) Modified on 7/28/2010 to clarify text (kk2) |
| Filing 64 MOTION for Default Judgment against Epixtar Marketing Corp. by Plaintiff Philip J Charvat. Responses due by 8/12/2010 (Attachments: #1 Affidavit of Attorney John W. Ferron) (Ferron, John) |
| Filing 63 REPLY to Response to #49 MOTION to Dismiss Counts 2, 3, 4, 5, 6 and 7 of Plaintiff's #26 Amended Complaint filed by Defendant Consolidated Communications Market Response Inc. (Ezzie, Joseph) |
| Filing 62 Clerk's ENTRY OF DEFAULT as to Epixtar Marketing Corp. (sr) |
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Filing 61
ORDER granting #60 Motion for Default Judgment on Epixtar Marketing Corp. Signed by Magistrate Judge Terence P Kemp on 07/01/2010. (sr)
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| Filing 60 MOTION for Default Judgment against Epixtar Marketing Corp. by Plaintiff Philip J Charvat. Responses due by 7/23/2010 (Attachments: #1 Affidavit of Attorney John W. Ferron) (Ferron, John) |
| Filing 59 RESPONSE in Opposition re #49 MOTION to Dismiss Counts 2, 3, 4, 5, 6 and 7 of Plaintiff's #26 Amended Complaint filed by Plaintiff Philip J Charvat. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Ferron, John) |
| Filing 58 REPLY to Response to #42 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for Failure to State Claims upon which Relief Can Be Granted filed by Defendant Americall Group Inc. (Attachments: #1 Exhibit Lengerich v. Luchsinger (unpublished op.)) (Gallon, Eric) |
| Notice of Correction: Former docket # 56 (Reply - non motion) filed by John Ferron deleted & re-filed by Clerk as current docket #57 (Response - non motion) to correct ECF filing event (kk2) |
| Filing 57 Response re #55 NOTICE of Supplemental Authority re #28 Partial MOTION to Dismiss by Plaintiff Philip J Charvat. (kk2) |
| Filing 56 Reply re #55 Notice (Other) by Plaintiff Philip J Charvat. (Ferron, John) Modified on 6/14/2010 - doc deleted & re-filed as dkt #57 to correct filing event (kk2). |
| Filing 55 NOTICE of Supplemental Authority re #28 Partial MOTION to Dismiss by Defendants Discover Bank & Discover Financial Services Inc (Attachments: #1 Exhibit A) (Root, Emily) Modified on 6/7/2010 to clarify text (kk2). |
| Filing 54 NOTICE vacating #46 Notice of 06/10 SW conf (wh1) |
| Filing 53 RESPONSE in Opposition re #42 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for Failure to State Claims upon which Relief Can Be Granted filed by Plaintiff Philip J Charvat. (Attachments: #1 Exhibit Unreported opinion, #2 Exhibit Unreported opinion, #3 Exhibit Unreported opinion, #4 Exhibit Unreported opinion, #5 Exhibit Unreported opinion, #6 Exhibit Unreported opinion, #7 Exhibit Unreported opinion, #8 Exhibit Unreported opinion, #9 Exhibit Unreported opinion, #10 Exhibit Unreported opinion, #11 Exhibit Unreported opinion) (Ferron, John) |
| Filing 52 AFFIDAVIT of Service for Summons and Amended Complaint served on Epxitar Marketing Corp. on 05/26/2010 re #51 Summons Returned Executed filed by Plaintiff Philip J Charvat. (Ferron, John) Modified on 6/2/2010 to add document link (kk2). |
| Filing 51 SUMMONS Returned Executed as to Defendant Epixtar Marketing Corp. Epixtar Marketing Corp served on 5/26/2010, answer due 6/16/2010. (Ferron, John) |
| Filing 50 Corporate Disclosure Statement identifying Corporate Parent Consolidated Communications Holding, Inc. & Corporate Parent Consolidated Communications Enterprise Services, Inc. for Defendant Consolidated Communications Market Response Inc. (Ezzie, Joseph) Modified on 5/28/2010 to clarify text (kk2). |
| Filing 49 MOTION to Dismiss Counts 2, 3, 4, 5, 6 and 7 of Plaintiff's #26 Amended Complaint by Defendant Consolidated Communications Market Response Inc. Responses due by 6/21/2010 (Ezzie, Joseph) |
| Filing 48 RULE 26(f) REPORT by Defendants Americall Group Inc, Consolidated Communications Market Response Inc, Discover Bank, Discover Financial Services Inc & Plaintiff Philip J Charvat. (Gallon, Eric) |
| Filing 47 STIPULATION for Extension of Time to Move or Plead by Defendant Consolidated Communications Market Response Inc. & Plaintiff Philip J Charvat (Ezzie, Joseph) Modified on 5/24/2010 to correct filers (kk2). |
| Filing 46 NOTICE: Settlement Week Conference RESET for 6/14/2010 @ 9:00am w/mediator Terri B Gregori (wh1) |
| Filing 45 Summons Issued as to Epixtar Marketing Corp. (pes1) |
| Filing 44 NOTICE: Settlement Week Conference set for 6/14/2010 @ 1:30pm w/mediator Mark D Landes (wh1) |
| Notice of Correction: Docket text of #43 corrected to read as follows - "STIPULATION for Extension of Time to Move or Plead by Defendant Consolidated Communications Market Response Inc & Plaintiff Philip J Charvat" to correct text & filers. Document was incorrectly filed as a motion by counsel. (kk2) |
| Filing 43 STIPULATION for Extension of Time to Move or Plead by Defendant Consolidated Communications Market Response Inc & Plaintiff Philip J Charvat. (Ezzie, Joseph) Modified on 5/10/2010 to correct text & filers (kk2). |
| Filing 42 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for Failure to State Claims upon which Relief Can Be Granted by Defendant Americall Group Inc. Responses due by 6/1/2010 (Gallon, Eric) |
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Filing 41
ORDER: case referred to June 2010 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 05/06/2010. (sr)
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| Filing 40 REPLY to Response to #28 Partial MOTION to Dismiss filed by Defendants Discover Bank & Discover Financial Services Inc. (Root, Emily) |
| Filing 39 RESPONSE in Opposition re #28 Partial MOTION to Dismiss filed by Plaintiff Philip J Charvat. (Attachments: #1 Exhibit Unreported opinion, #2 Exhibit Unreported opinion, #3 Exhibit Unreported opinion, #4 Exhibit Unreported opinion, #5 Exhibit Unreported opinion, #6 Exhibit Unreported opinion, #7 Exhibit Unreported opinion, #8 Exhibit Unreported opinion) (Ferron, John) |
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Filing 38
ORDER: Counsel to confer w/in five (5) business days and inform Court via e-mail by 04/27/2010 if case should not be set for June 2010 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 04/06/2010. (sr)
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Filing 37
ORDER granting #36 Motion for Extension of Time to Complete Discovery. Discovery due by 07/30/2010; Dispositive motions due by 08/19/2010. Signed by Magistrate Judge Terence P Kemp on 03/31/2010. (sr) Modified on 4/2/2010 to correct signature date (kk2).
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| Set/Reset Columbus PPTO Deadlines: Discovery due by 7/30/2010. Dispositive motions due by 8/19/2010. (sr) |
| Filing 36 Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions by Plaintiff Philip J Charvat & Defendants Discover Bank, Discover Financial Services Inc. New dates requested 7/30/2010 and 8/19/2010 (Ferron, John) Modified on 4/1/2010 to correct text & filers (kk2). Modified on 4/1/2010 (kk2). |
| Filing 35 CERTIFICATE OF SERVICE by Defendant Americall Group Inc re #32 Notice of Appearance of Eric Gallon, #33 Corporate Disclosure Statement & #34 Notice of Appearance of James Hadden (Gallon, Eric) Modified on 4/1/2010 to clarify text (kk2). |
| Filing 34 NOTICE of Appearance by James B Hadden for Defendant Americall Group Inc (Hadden, James) |
| Filing 33 Corporate Disclosure Statement identifying Corporate Parent Teleperformance Group, Inc. for Defendant Americall Group Inc. (Gallon, Eric) Modified on 3/31/2010 to clarify text (kk2). |
| Filing 32 NOTICE of Appearance by Eric Benjamin Gallon for Defendant Americall Group Inc (Gallon, Eric) |
| Filing 31 NOTICE of Withdrawal of Counsel by Plaintiff Philip J Charvat (Fallon, Jessica) Modified on 3/29/2010 to clarify text (kk2). |
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Filing 30
ORDER denying as moot #5 Defendants' Motion to Dismiss. Signed by Judge Edmund A Sargus on 03/18/2010. (dh)
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| Filing 29 ANSWER to #26 Amended Complaint filed by Discover Bank & Discover Financial Services Inc. (Root, Emily) |
| Filing 28 Partial MOTION to Dismiss by Defendants Discover Bank & Discover Financial Services Inc. Responses due by 4/12/2010 (Root, Emily) |
| Filing 27 NOTICE: Settlement Week Conference RESET for 3/10/2010 @ 9:00am w/mediator David A Doyle (wh1) |
| Filing 26 AMENDED COMPLAINT with JURY DEMAND filed by Philip J Charvat against Discover Bank, Discover Financial Services Inc., Americall Group Inc., Consolidated Communications Market Response Inc., Epixtar Marketing Corp. & Visionquest Marketing Services Inc. (kjm1) Modified on 3/3/2010 to add demand (kk2). |
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Filing 25
ORDER granting #24 Unopposed Motion for Leave to File First Amended Complaint. Signed by Magistrate Judge Terence P Kemp on 3/2/2010. (kjm1)
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| Filing 24 Unopposed MOTION for Leave to File First Amended Complaint by Plaintiff Philip J Charvat. (Attachments: #1 Exhibit, #2 Affidavit) (Ferron, John) |
| Filing 23 NOTICE: Settlement Week Conference set for 3/8/2010 @ 10:30am w/mediator Terri B Gregori (wh1) |
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Filing 22
ORDER: This case has been selected for reference to a highly qualified mediator as part of this Court's settlement week procedure. Counsel for the parties will receive a notice from the undersigned's courtroom deputy setting forth the procedures to be followed in preparing the case for mediation. Each requirement of that notice is incorporated herein by reference, & the parties are notified that any failure to comply with those requirements which results in the needless expenditure of resources of the opposing party, mediator, or Court may cause the Court to impose sanctions. Signed by Magistrate Judge Terence P Kemp on 2/10/2010. (kjm)
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Filing 21
ORDER: Counsel to confer w/in five (5) business days and inform Court via e-mail by 2/5/2010 if case should not be set for March 2010 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 1/28/2010. (kjm)
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| Filing 20 NOTICE of Intent to Seek Leave to File Amended Complaint by Plaintiff Philip J Charvat (Ferron, John) Modified on 12/28/2009 to clarify text (kk2). |
| Filing 19 NOTICE vacating #17 Notice of 12/09 SW conf -reset to 03/10 SW - (wh1) |
| Filing 18 MOTION to Continue Settlement Week Mediation by Defendants Discover Bank & Discover Financial Services Inc. (Root, Emily) |
| Filing 17 NOTICE: Settlement Week Conference RESET for 12/17/2009 @ 9:00am w/mediator Russell A Kelm - (wh1) |
| Filing 16 NOTICE: Settlement Week Conference set for 12/17/2009 @ 1:30pm w/mediator W Charles Curley (wh1) (Main Document 16 replaced on 11/24/2009) (wh1). |
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Filing 15
ORDER: Case referred to December 2009 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 11/12/2009. (kk2)
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Filing 14
PRELIMINARY PRETRIAL ORDER: Joinder of Parties & Motions to Amend due by 12/15/2009; Discovery due by 4/30/2010; MSJ due by 5/21/2010; Primary Expert due by 2/16/2010; Rebuttal Expert due by 3/15/2010; Settlement Demand due by 11/2/2009; Response to Settlement Demand due 11/16/2009; and Settlement Week in December 2009. Signed by Magistrate Judge Terence P Kemp on 11/2/2009. (kjm)
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| Initial Pretrial Conference held on 10/29/2009 before Magistrate Judge Terence P. Kemp. (jv) |
| Filing 13 RULE 26(f) REPORT of the Parties by Plaintiff Philip J Charvat & Defendants Discover Bank, Discover Financial Services Inc. (Ferron, John) Modified on 10/16/2009 to correct filers (kk2). |
| Filing 12 NOTICE: Initial Conference set for 10/29/2009 @ 2:00pm in chambers before Magistrate Judge Terence P Kemp - (Attachments: #1 Important Notice-3, #2 Notice re discovery) (wh1) |
| Filing 11 Sur-Reply to Defendants' #8 Reply in Support of #5 Motion to Dismiss filed by Plaintiff Philip J Charvat. (Attachments: #1 Unreported decision, #2 Unreported decision, #3 Unreported decision) (kjm) |
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Filing 10
ORDER granting #9 Motion for Leave to File Sur-Reply to Defendants' #8 Reply in Support of #5 Motion to Dismiss. Signed by Magistrate Judge Terence P Kemp on 9/8/2009. (kjm)
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| Filing 9 MOTION for Leave to File Sur-Reply to Defendants' #8 Reply in Support of #5 Motion to Dismiss by Plaintiff Philip J Charvat. (Attachments: #1 Exhibit Plaintiff's Sur-Reply, #2 Exhibit Unreported opinion, #3 Exhibit Unreported opinion, #4 Exhibit Unreported opinion) (Ferron, John) Modified on 9/4/2009 to add document links (kk2). |
| Filing 8 REPLY to Response to #5 Partial MOTION to Dismiss filed by Defendants Discover Financial Services Inc & Discover Bank. (Root, Emily) |
| Filing 7 RESPONSE in Opposition re #5 Partial MOTION to Dismiss filed by Plaintiff Philip J Charvat. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Ferron, John) |
| Filing 6 NOTICE of Exhibit A - In Support of re #5 Partial MOTION to Dismiss by Defendants Discover Financial Services Inc & Discover Bank (Friedman, Steven) Modified on 7/28/2009 to clarify text (kk2). |
| Filing 5 Partial MOTION to Dismiss by Defendants Discover Financial Services Inc & Discover Bank. Responses due by 8/17/2009 (Friedman, Steven) |
| Filing 4 ANSWER to #2 Complaint by Defendants Discover Financial Services Inc & Discover Bank. (Friedman, Steven) |
| Set Deadlines/Hearings: Discover Financial Services Inc & Discover Bank answers due 7/27/2009 per #3 (Stipulation). (kk2) |
| Filing 3 STIPULATION for Leave to Plead re #2 Complaint by Defendants Discover Financial Services Inc & Discover Bank. (Friedman, Steven) Modified on 7/8/2009 to clarify text (kk2). |
| Filing 2 COMPLAINT with JURY DEMAND against Discover Financial Services Inc and Discover Bank filed by Philip J Charvat. (pes1) |
| Filing 1 Civil Cover Sheet. (pes1) |
| Filing fee: $ 350, receipt number COL8112 (pes1) |
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