Willis et al v. Defendant Debt Care USA et al
Gary Willis and Tina Willis |
Nationwide Debt Settlement Group, Defendant Debt Care USA and Global Client Solutions, LLC |
3:2011cv00430 |
April 5, 2011 |
US District Court for the District of Oregon |
Portland Office |
Janice M. Stewart |
Consumer Credit |
15 U.S.C. ยง 1681 Fair Credit Reporting Act |
Plaintiff |
Available Case Documents
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Filing 145 Opinion and Order: The Court DENIES Global's Motion 134 for Attorneys' Fees without prejudice and DENIES Global's Bill of Costs 137 without prejudice and grants Global leave to re-raise its Motion and request for costs before the arbitrator if Global achieves success on the merits in arbitration. Signed on 05/07/2013 by Judge Anna J. Brown. (bb) |
Filing 129 Verdict. Findings of Fact and Conclusion of Law. The Court FINDS in favor of Defendants and CONCLUDES Plaintiffs claims in this matter are subject to the arbitration terms the Court has already found to be enforceable. Accordingly, the Court directs the parties to confer and to submit jointly no later than December 3, 2012, any necessary closing orders for referral of this matter in its entirety to arbitration. Signed on 11/19/2012 by Judge Anna J. Brown. (bb) |
Filing 90 Opinion and Order. The Court GRANTS in part Defendants' Motions 22 , 31 to Compel Arbitration to the extent that the Court concludes these arbitration agreements are enforceable with the following modifications: (1) The Court severs as unenfo rceable the forum-selection clauses in the Nationwide Service Agreement and the Global Agreement and replaces them with the requirement that arbitration occur within the District of Oregon; and (2) The Court strikes as unenforceable the portions of t he Limitation of Liability provision in the Global Agreement that preclude recovery for punitive damages and that limit Global's liability to the amount of fees that Plaintiffs paid to Global. Signed on 03/30/2012 by Judge Anna J. Brown. See attached 39 page Opinion and Order. (bb) |
Filing 70 ORDER: The Court finds it unnecessary to review the Magistrate Judge's Findings and Recommendation 54 , 55 , which now are moot. The Court DENIES as premature Defendants' Motions 18 , 31 to Dismiss with leave to renew. Defendants' separate Motions 22 , 31 to Compel Arbitration are DENIED in part and remain pending in part. Joint Status Report due 02/10/2012. See attached 5 page Order for full text. Signed on 01/31/2012 by Judge Anna J. Brown. (bb) |
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