Bostock v. Westlake Financial Solutions LLC et al
| JaToya D Bostock |
| Westlake Financial Solutions LLC and Relentless Towing |
| 3:2017cv00325 |
| September 19, 2017 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Sharon L. Ovington |
| Walter H. Rice |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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Filing
40
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 39 ); SUSTAINING IN PART DEFENDANT WESTLAKE FINANCIAL SOLUTIONS LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. # 36 ); DISMISSING WITH PREJU DICE FDCPA CLAIMS AGAINST ALL DEFENDANTS; DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER STATE LAW CLAIMS; JUDGMENT TO BE ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/22/2019. (srb)(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
39
REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. Defendant Westlake Services LLCs Motion For Judgment On The Pleadings (Doc. # 36 ) be granted, in part, as to Plaintiffs FDCPA claims and such federal claims be dismissed with prejudic e; the Court decline to exercise supplemental jurisdiction over Plaintiffs Ohio-law claims and such claims be dismissed without prejudice; 2. Plaintiffs FDCPA claims against Defendant Relentless Towing be dismissed with prejudice, and the Court decli ne to exercise supplemental jurisdiction over Plaintiffs Ohio-law claims against Relentless Towing and that her Ohio-law claims be dismissed without prejudice; and 3. The case be terminated on the Courts docket. Objections to R&R due by 2/19/2019. Signed by Magistrate Judge Sharon L. Ovington on 2/5/19. (kma)(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
22
ENTRY HOLDING MOOT PLAINTIFF'S INITIAL (DOC. # 18 ) AND AMENDED (DOC. # 20 ) OBJECTIONS TO MAGISTRATE JUDGE"S REPORT AS TO DEFENDANT WESTLAKE FINANCIAL SOLUTIONS, LLC; PROCEDURES WITH REGARD TO SERVED BUT NOT ANSWERINGDEFENDANT RELENTLESS TOWING- The prose Plaintiff's Objections to the initial (Doc. # 18 ) and amended (Doc. # 20 ) to the Magistrate Judge's Reports are OVERRULED for the following reasons: 1. The Magistrate Judge does not appear to have rendered any decision in the captioned matter; and, 2. On March 16, 2018, this Court vacated the default entered by the Clerk in favor of the Plaintiff and against Defendant Westlake Financial Solutions, LLC (Doc. # 8 ). Westlake has now filed an Answer to the Plaintiffs Complaint (Doc. # 17 ). The Co-Defendant, Relentless Towing, Inc., although served has not filed an Answer.Plaintiff may, if she wishes, file an entry seeking default against Relentless Towing, Inc. Such is an essential first step prior to moving fo r default judgment. The captioned cause is ready for a preliminary pretrial/scheduling order between the pro se Plaintiff and Westlake Financial Solutions, LLC.Signed by Judge Walter H. Rice on 4/19/18. (kma)(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
21
ORDER GRANTING PACER FEE EXEMPTION: Plaintiff is granted an exemption from the Pacer access fees for the purpose of accessing electronic files in this case only. The exemption shall apply from this date forward until final judgment is entered in the case or until further order of the Court. Signed by Magistrate Judge Sharon L. Ovington on 4/17/18. (rp)(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
16
DECISION AND ENTRY SUSTAINING MOTION TO VACATE DEFAULT AND FOR LEAVE TO FILE AN ANSWER TO PLAINTIFF JATOYA D. BOSTOCK'S COMPLAINT OF DEFENDANT WESTLAKE FINANCIAL SOLUTIONS, LLC (DOC. # 8 ); PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (DOC. #[11 ]) AND MOTION FOR ENTRY OF DEFAULT FINAL JUDGMENT (DOC. # 13 )ARE OVERRULED; WESTLAKE SHALL ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT (DOC. # 2 ) WITHIN TEN DAYS OF THIS ENTRY Signed by Judge Walter H. Rice on 3/16/18. (kma)(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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