Kambarov v. Accurate Background, LLC et al
| Rashid Kambarov |
| Accurate Background, LLC, First Advantage Background Services Corp., Intellicorp Records, Inc., Quality Counts, Inc. and Carco Group, Inc. doing business as Intellicorp Records, Inc. |
| 3:2023cv01103 |
| July 28, 2023 |
| US District Court for the District of Oregon |
| Youlee Yim You |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Both |
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| Document Text |
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| Filing 26 Affidavit of Service of Affidavit of Service #15 Filed by Rashid Kambarov. (McCraw, Dawn) |
Filing 25
ORDER: The proof of service filed with respect to defendant Quality Counts, Inc. #15 is deficient. Pursuant to Federal Rule of Civil Procedure 4(h), a corporation may be served "by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and-if the agent is one authorized by statute and the statute so requires-by also mailing a copy of each to the defendant." "[I]n the absence of proper service of process, the district court has no power to render any judgment against the defendant's person or property unless the defendant has... waived the lack of process." S.E.C. v. Ross, 504 F.3d 1130, 113839 (9th Cir. 2007). Here, the proof of service states merely that service was made on "Sara Robertson (Authorized agent)" but contains no details as to (1) the address where service was made, (2) whether Robertson is a registered agent of Quality Counts, Inc., at the location described in the Amended Complaint, i.e., Maple St., West Blocton, Alabama 35184, see Am. Compl. para. 19, or (3) Robertson is somehow otherwise authorized by appointment or by law to receive service of process. The Court observes that, for all other service that was made in this case, such information was included, as it should have been, in the proof of service. See #4 , #10 , #12 . Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 24 Answer to #8 Amended Complaint with Jury Demand . Filed by First Advantage Background Services Corp.. (Spak, Jason) |
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Filing 23
ORDER: Defendant CARCO Group Inc.'s Unopposed Motion for Extension of Time #22 is granted. Defendant CARCO Group Inc.'s answer or other responsive pleading is due by September 27, 2023. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 22 Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Filed by Carco Group, Inc., Intellicorp Records, Inc.. (Balser, Justin) |
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Filing 21
ORDER: Defendant Accurate Background, LLC's Unopposed Motion for Extension of Time to Answer #19 is granted. Defendant Accurate Background, LLC's answer or other responsive pleading is due by September 26, 2023. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 20 Corporate Disclosure Statement . Filed by Accurate Background, LLC. (Escobar, Andrew) |
| Filing 19 Unopposed Motion for Extension of Time to Answer Complaint, #1 . Filed by Accurate Background, LLC. (Escobar, Andrew) |
| Filing 18 Notice of Appearance of Andrew R. Escobar appearing on behalf of Accurate Background, LLC. Filed by on behalf of Accurate Background, LLC. (Escobar, Andrew) |
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Filing 17
ORDER: Granting attorney Jason A. Spak's Motion for Leave to Appear Pro Hac Vice #16 for Defendant First Advantage Background Services Corp Agency Tracking ID: AORDC-9056071. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 16 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jason Spak. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9056071. Filed by First Advantage Background Services Corp.. (Spak, Jason) Modified on 8/23/2023 to correct counsel requesting Pro Hac Vice (ecp). |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jason Spak. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9056071 #16 : Reviewed and Ready for Ruling. (ecp) |
| Filing 15 Affidavit of Service upon Quality Counts, Inc. served on 8/22/2023, answer due on 9/12/2023 Filed by Rashid Kambarov. (McCraw, Dawn) |
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Filing 14
ORDER: Defendant First Advantage Background Services Corp.'s Unopposed Motion for Extension of Time to Answer #13 is granted. Defendant First Advantage Background Services Corp.'s answer or other responsive pleading is due September 12, 2023. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 13 Unopposed Motion for Extension of Time to Answer or File Appearance. Filed by First Advantage Background Services Corp.. (Keating, Guy) |
| Filing 12 Affidavit of Service upon Carco Group, Inc. served on 8/16/2023, answer due on 9/6/2023 Filed by Rashid Kambarov. (McCraw, Dawn) |
| Filing 11 Summons Issued Electronically as to Carco Group, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (ecp) |
| Filing 10 Affidavit of Service upon Accurate Background, LLC served on 8/14/2023, answer due on 9/5/2023 Filed by Rashid Kambarov. (McCraw, Dawn) |
| Filing 9 Amended Proposed Summons Filed by Rashid Kambarov. (McCraw, Dawn) |
| Filing 8 Amended Complaint . Filed by Rashid Kambarov against Accurate Background, LLC, First Advantage Background Services Corp., Intellicorp Records, Inc., Quality Counts, Inc.. (McCraw, Dawn) |
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Filing 7
ORDER: Plaintiff's Motion for Leave to File Amended Complaint #6 is granted. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 6 Motion for Leave to Amend Complaint. Filed by Rashid Kambarov. (Attachments: #1 Exhibit A- Proposed Amended Complaint) (McCraw, Dawn) |
| Filing 5 Amended Proposed Summons Filed by Rashid Kambarov. (McCraw, Dawn) |
| Filing 4 Affidavit of Service upon First Advantage Background Services Corp. served on 8/1/2023, answer due on 8/22/2023 Filed by Rashid Kambarov. (McCraw, Dawn) |
| Filing 3 Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: #1 issued summons, #2 issued summons, #3 issued summons) (ecp) |
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Filing 2
Notice of Case Assignment to Magistrate Judge Youlee Yim You and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 11/27/2023. Joint Alternate Dispute Resolution Report is due by 12/26/2023. Ordered by Magistrate Judge Youlee Yim You. (ecp)
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| Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-9028185 Jury Trial Requested: Yes. Filed by Rashid Kambarov against Accurate Background, LLC, First Advantage Background Services Corp., Intellicorp Records, Inc., Quality Counts, Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons). (McCraw, Dawn) |
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