Eckelman v. Rentgrow, Inc. et al.
| Brian Eckelman |
| Rentgrow, Inc. and Cleara, LLC |
| 6:2021cv01801 |
| December 13, 2021 |
| US District Court for the District of Oregon |
| Mustafa T Kasubhai |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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Filing 86
ORDER by Magistrate Judge Mustafa T. Kasubhai: The Court is in receipt of the parties' Notice of Settlement as to RentGrow, Inc. #84 , and Second Joint Status Report #85 . All pending deadlines are VACATED. The parties are ordered to file Final Papers or a Joint Status Report updating the Court as to the status of settlement by 12/11/2023. (jk)
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| Filing 85 Second Joint Status Report . Filed by Brian Eckelman. (Eidelman, Levi) |
| Filing 84 Notice of Settlement as to RentGrow, Inc. Filed by Brian Eckelman. (Eidelman, Levi) |
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Filing 83
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING the parties' request to extend the deadline to file final papers contained in the Joint Status Report #82 . Final Papers or a Joint Status Report updating the Court on the status of the resolution of Plaintiff's claims against Defendant CLEARA, LLC is due by 10/6/2023. (jk)
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| Filing 82 Joint Status Report . Filed by Brian Eckelman. (Eidelman, Levi) Modified to correct event type only on 8/25/2023 (NEF not regenerated) (jk). |
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Filing 81
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING the motion for extension of discovery and PTO deadlines contained in the parties' Joint Status Report #80 . Discovery is to be completed by 9/21/2023. Exchange of Expert Witness Disclosures must be completed by 9/25/2023. Exchange of Rebuttal Expert Witness Disclosures must be completed by 11/27/2023. Expert Discovery to be completed by 1/3/2024. Dispositive Motions are due by 2/5/2024. Joint Alternate Dispute Resolution Report is due by 3/21/2024. (jk)
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| Filing 80 Joint Status Report . Filed by Brian Eckelman. (Eidelman, Levi) Modified to correct event type only on 7/18/2023 (jk). |
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Filing 79
ORDER by Magistrate Judge Mustafa T. Kasubhai: The Court is in receipt of the parties' Joint Notice of Settlement #78 . The Findings & Recommendation #76 is WITHDRAWN and the Motion to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint #54 is denied as MOOT. Final Papers or a Joint Status Report updating the Court on the status of the resolution of Plaintiff's claims against Defendant CLEARA, LLC is due within 60 days from the date of this Order. (jk)
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| Filing 78 Joint Notice of Settlement Filed by Brian Eckelman. (Eidelman, Levi) |
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Filing 77
ORDER by Magistrate Judge Mustafa T. Kasubhai: Findings & Recommendation #76 is referred to Judge Ann L. Aiken. (jk)
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| Filing 76 Findings & Recommendation signed on 6/6/2023 by Magistrate Judge Mustafa T. Kasubhai: Defendant's Motion to Dismiss (ECF No. #62 ) should be GRANTED. All claims against CLEARA should be dismissed with prejudice. Objections to the Findings and Recommendation are due by 6/20/2023. (jk) |
| Filing 75 Reply to Motion to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint #62 . Filed by Cleara, LLC. (Lockwood, William) |
| Filing 74 Response in Opposition to Motion to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint #62 . Filed by Brian Eckelman. (Eidelman, Levi) |
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Filing 73
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING the parties' Joint Motion for Extension of Discovery & PTO Deadlines #70 . The parties are ordered to file a joint status report within 14 days of the Court's ruling on the pending motion to dismiss. The joint status report shall include proposed case deadlines. (jk)
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Filing 72
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion to Withdraw the appearances of Curt Roy Hineline, Bonnie Keane DelGobbo, Amy Lynn Lenz, and Joel C. Griswold as counsel for RentGrow #68 . (jk)
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Filing 71
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice requested by attorney Timothy St. George #69 . (jk)
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| Filing 70 Joint Motion for Extension of Discovery & PTO Deadlines , Second Request. Filed by Cleara, LLC. (Lockwood, William) |
| Filing 69 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Timothy St. George. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8855227. Filed by Rentgrow, Inc.. (St. George, Timothy) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Timothy St. George. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8855227 #69 : Reviewed and Ready for Ruling. (jw) |
| Filing 68 Motion to Withdraw the appearances of Curt Roy Hineline, Bonnie Keane DelGobbo, Amy Lynn Lenz, and Joel C. Griswold as counsel for RentGrow. Filed by Rentgrow, Inc.. (Hineline, Curt) |
| Filing 67 Notice of Appearance of Roman D. Hernandez appearing on behalf of Rentgrow, Inc. . Filed by on behalf of Rentgrow, Inc.. (Hernandez, Roman) |
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Filing 66
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Extension of Time to File Plaintiff's Response in Opposition to Defendant CLEARA, LLC's Motion to Dismiss Plaintiff's Second Amended Complaint #65 . Response is due by 3/24/2023. (jk)
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| Filing 65 Unopposed Motion for Extension of Time to File Plaintiffs Response in Opposition to Defendant CLEARA, LLC's Motion to Dismiss Plaintiffs Second Amended Complaint. Filed by Brian Eckelman. (Attachments: #1 Proposed Order) (Eidelman, Levi) |
| Filing 64 NOTICE BY THE CLERK: A dispositive motion has been filed in this case. Currently there is not full consent to proceed before a U.S. Magistrate Judge. If the non-consenting parties would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found on the court's website at #ord.uscourts.gov/civil-forms and may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. The form is also attached to this docket entry. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see #ord.uscourts.gov/consent. The parties are free to withhold consent without adverse substantive consequences. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed on or before Defendant's reply deadline to its motion for dismissal. (jk) |
| Filing 63 Declaration of Joseph Davidson . Filed by Cleara, LLC. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #62 .) (Lockwood, William) |
| Filing 62 Motion to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint #54 . Filed by Cleara, LLC. (Lockwood, William) Modified on 2/21/2023 to add document link. NEF not regenerated. (jw) |
| Filing 61 Notice of Change of Address. Filed by Brian Eckelman. (Eidelman, Levi) |
| Filing 60 Notice of Appearance of Maryssa Ferries appearing on behalf of Cleara, LLC. Filed by on behalf of Cleara, LLC. (Ferries, Maryssa) |
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Filing 59
ORDER by Magistrate Judge Mustafa T. Kasubhai: The Court is in receipt of the parties' Joint Status Report #58 and adopts the proposed deadlines. Discovery is to be completed by 4/21/2023. Exchange of Expert Witness Disclosures must be completed by 4/24/2023. Exchange of Rebuttal Expert Witness Disclosures must be completed by 6/26/2023. Expert Discovery to be completed by 7/26/2023. Dispositive Motions are due by 8/28/2023. Joint Alternate Dispute Resolution Report is due by 10/16/2023. (jk)
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| Filing 58 Joint Status Report . Filed by Brian Eckelman. (Eidelman, Levi) |
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Filing 57
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Extension of Time to Answer #56 . Answer is due by 2/17/2023. (jk)
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| Filing 56 Unopposed Motion for Extension of Time . Filed by Cleara, LLC. (Lockwood, William) Modified to correct event type on 1/23/2023 (NEF not regenerated) (jk). |
| Filing 55 Answer to #54 Amended Complaint RentGrow, Inc.'s Answer to Plaintiff's Second Amended Complaint. Filed by Rentgrow, Inc.. (DelGobbo, Bonnie) |
| Filing 54 Second Amended Complaint . Filed by Brian Eckelman against Cleara, LLC, Rentgrow, Inc. (Attachments: #1 Redline of Second Amended Complaint). (Eidelman, Levi) |
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Filing 53
ORDER: Adopting Findings and Recommendation #50 ; Granting Motion to Vacate #35 ; Finding as Moot Motion for Entry of Default #34 . Signed on 12/22/2022 by Judge Ann L. Aiken. (ck)
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Filing 52
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING the parties' Joint Motion for Extension of Time #49 . (jk)
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Filing 51
ORDER by Magistrate Judge Mustafa T. Kasubhai: Findings & Recommendation #50 is referred to Judge Aiken. (jk)
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| Filing 50 Findings & Recommendation signed on 11/28/2022 by Magistrate Judge Mustafa T. Kasubhai: Cleara's motion to vacate the entry of default (ECF No. #35 ) should be GRANTED. Accordingly, Plaintiff's motion for entry of default judgment (ECF No. #34 ) should be DENIED as moot. Cleara's motion for dismissal for lack of personal jurisdiction (ECF No. #35 ) should be GRANTED with leave to amend. Objections to the Findings and Recommendation are due by 12/12/2022. (jk) |
| Filing 49 Joint Motion for Extension of Time . Filed by Cleara, LLC. (Lockwood, William) Modified to correct event type on 11/2/2022 (NEF not regenerated) (jk). |
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Filing 48
ORDER by Magistrate Judge Mustafa T. Kasubhai: Defendant Rentgrow, Inc.'s Emergency Motion for Order on Motion for Leave to Appear Pro Hac Vice #45 is denied as MOOT. (jk)
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Filing 47
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice requested by attorney Joel C Griswold #44 . (jk)
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Filing 46
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING the parties' Motion for Extension of Time Joint Motion to Extend Case Deadlines #41 . Discovery is to be completed by 12/12/2022. Exchange of Expert Witness Disclosures must be completed by 1/13/2023. Exchange of Rebuttal Expert Witness Disclosures must be completed by 1/27/2023. Expert Discovery to be completed by 2/28/2023. Dispositive Motions are due by 3/20/2023. Joint Alternate Dispute Resolution Report is due by 5/1/2023. Pretrial Conference, Pretrial Order, and Jury Trial will be scheduled only after the parties consent to jurisdiction by a magistrate judge. (jk)
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| Filing 45 Emergency Motion for Order on Motion for Leave to Appear Pro Hac Vice, #44 . Expedited Hearing requested. Filed by Rentgrow, Inc.. (Lenz, Amy) |
| Filing 44 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joel C Griswold. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8637246. Filed by Rentgrow, Inc.. (Attachments: #1 Attachment Court Admissions) (Griswold, Joel) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joel C Griswold. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8637246 #44 : Reviewed and Ready for Ruling. (jw) |
| Filing 43 Declaration of Joseph Davidson In Support of Cleara's Reply In Support of Motion to Vacate Default. Filed by Cleara, LLC. (Related document(s): Reply to Motion #42 .) (Lockwood, William) |
| Filing 42 Reply to Motion to Vacate Default Judgment and for Dismissal Based on Lack of Personal Jurisdiction #35 . Filed by Cleara, LLC. (Lockwood, William) |
| Filing 41 Motion for Extension of Time Joint Motion to Extend Case Deadlines. Filed by Rentgrow, Inc.. (DelGobbo, Bonnie) |
| Filing 40 Response in Opposition to Motion to Vacate Default Judgment and for Dismissal Based on Lack of Personal Jurisdiction #35 . Filed by Brian Eckelman. (Eidelman, Levi) |
| Filing 39 Response in Opposition to Motion to Vacate Default Judgment and for Dismissal Based on Lack of Personal Jurisdiction #35 . Filed by Brian Eckelman. (Eidelman, Levi) |
| Filing 38 Notice of Attorney Withdrawal: and Substitution of Counsel Filed by Cleara, LLC. (Lockwood, William) |
| Filing 37 Corporate Disclosure Statement . Filed by Cleara, LLC. (McGair, Kimberley) |
| Filing 36 Declaration of Joseph Davidson in Support of Motion to Vacate Default Judgment and for Dismissal Based on Lack of Personal Jurisdiction. Filed by Cleara, LLC. (Related document(s): Motion to Vacate #35 .) (McGair, Kimberley) |
| Filing 35 Motion to Vacate Default Judgment and for Dismissal Based on Lack of Personal Jurisdiction. Filed by Cleara, LLC. (McGair, Kimberley) |
| Filing 34 Motion for Entry of Default Judgement. Filed by Brian Eckelman. (Attachments: #1 Plaintiffs Declaration, #2 Attorney Declaration, #3 Proposed Order) (Eidelman, Levi) |
| Filing 33 Notice re Clerks Entry of Default 31 Notice of Service Filed by Brian Eckelman. (Related document(s): Clerks Entry of Default 31 .) (Eidelman, Levi) |
| Filing 32 Response to Order to Show Cause . Filed by Brian Eckelman. (Eidelman, Levi) |
| Filing 31 Clerk's Entry of Default as to Cleara, LLC (related document: #30 Motion for Entry of Default). (jk) |
| Filing 30 Motion for Entry of Default . Filed by Brian Eckelman. (Attachments: #1 Declaration of Levi Y. Eidelman in Support of Plaintiff's Motion for Entry of Default, #2 Proposed Order) (Eidelman, Levi) |
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Filing 29
Order to Show Cause by Magistrate Judge Mustafa T. Kasubhai: Defendant Cleara, LLC has failed to file any responsive pleadings to the Amended Complaint (ECF No. #25 ). Plaintiff is ordered to Show Cause in Writing by 7/5/2022 why this case should not be dismissed as to Defendant Cleara, LLC for lack of prosecution. (jk)
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| Filing 28 Answer to #25 Amended Complaint . Filed by Rentgrow, Inc.. (Hineline, Curt) |
| Filing 27 Return of Service Executed as to Cleara, LLC served on 5/23/2022, answer due on 6/13/2022. (Eidelman, Levi) |
| Filing 26 Summons Issued Electronically as to Cleara, LLC. 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. (bd) |
| Filing 25 Amended Complaint . Filed by Brian Eckelman against Cleara, LLC (Attachments: #1 Proposed Summons). (Eidelman, Levi) |
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Filing 24
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Leave to File Amended Complaint/Petition #23 . Amended Complaint is due 5/31/2022. (jk)
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| Filing 23 Motion for Leave to File Amended Complaint/Petition . Filed by Brian Eckelman. (Attachments: #1 Proposed Document Proposed Amended Complaint) (Eidelman, Levi) |
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Filing 22
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice #21 requested by attorney Levi Y. Eidelman. (jk)
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| Filing 21 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Levi Y. Eidelman. Second Filing fee waived per order at 20 . Filed by Levi Y. Eidelman on behalf of Brian Eckelman. (jw) Modified on 4/26/2022 to add attorney name. NEF regenerated. (jw) |
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Filing 20
ORDER by Magistrate Judge Mustafa T. Kasubhai: At the request of counsel, the $300 filing fee required for a second Motion for Leave to Appear Pro Hac Vice requested by attorney Levi Y. Eidelman is WAIVED. (jk)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice #21 . Pro Hac Vice admission requested by attorney Levi Y. Eidelman. Second Filing fee waived per order at 20: Reviewed and Ready for Ruling. (jw) |
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Filing 19
ORDER by Magistrate Judge Mustafa T. Kasubhai: Based on the local counsel's status to currently practice law in this jurisdiction, Motion for Leave to Appear Pro Hac Vice requested by attorney Levi Y. Eidelman #18 is DENIED. (jk)
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| Filing 18 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Levi Y. Eidelman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8481862. Filed by Brian Eckelman. (Attachments: #1 Attachment Certificate of Good Standing) (Eidelman, Levi) |
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Filing 17
Stipulated Protective Order signed on 3/22/2022 by Magistrate Judge Mustafa T. Kasubhai. (jk)
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| Filing 16 Joint Motion for Protective Order . Filed by Brian Eckelman. (Attachments: #1 Proposed Order) (McCraw, Dawn) |
| Filing 15 MINUTES of Proceedings: Rule 16 Conference by telephone. The Court adopts the parties' proposed deadlines as outlined in their Rule 26(f) Report and Discovery Plan #14 . In addition, Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 12/20/2022. Dawn McCraw present as counsel for plaintiff. Curt Hineline present as counsel for defendant. Magistrate Judge Mustafa T. Kasubhai presiding. (FTR - Eugene Courtroom 3) (jk) |
| Filing 14 Rule 26(f) Report and Discovery Plan . Filed by Brian Eckelman. (McCraw, Dawn) |
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Filing 13
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice #11 requested by attorney Bonnie Keane DelGobbo, and Motion for Leave to Appear Pro Hac Vice #12 requested by attorney Amy Lynn Lenz. (jk)
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| Filing 12 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amy Lynn Lenz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8410174. Filed by Rentgrow, Inc.. (Lenz, Amy) |
| Filing 11 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Bonnie Keane DelGobbo. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8409982. Filed by Rentgrow, Inc.. (DelGobbo, Bonnie) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amy Lynn Lenz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8410174 #12 : Reviewed and Ready for Ruling. (jw) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Bonnie Keane DelGobbo. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8409982 #11 : Reviewed and Ready for Ruling. (jw) |
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Filing 10
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Rule 16 Conference is set for 3/8/2022 at 09:30AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by e-mail the day before the hearing. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, consent to a magistrate judge, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Order issued by the Court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. All deadlines are VACATED and will be reset at the Rule 16 Conference. The parties and counsel are encouraged to advise the Court of their pronouns. People appearing before this Court may do so in writing and when appearing for conferences, hearings or trials. Attorneys are encouraged to identify their pronouns in their signature lines when submitting documents for filing. All parties and counsel are instructed to address each other in all written documents and court proceedings by those pronouns previously identified. (jk)
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| Filing 9 Corporate Disclosure Statement . Filed by Rentgrow, Inc.. (Hineline, Curt) |
| Filing 8 Answer to #1 Complaint, . Filed by Rentgrow, Inc.. (Hineline, Curt) |
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Filing 7
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Extension of Time to Answer #6 . Answer is due by 1/26/2022. (jk)
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| Filing 6 Unopposed Motion for Extension of Time to Answer Plaintiff's Complaint, #1 . Filed by Rentgrow, Inc.. (Hineline, Curt) |
| Filing 5 Return of Service Executed as to Rentgrow, Inc. served on 12/15/2021, answer due on 1/5/2022. (McCraw, Dawn) |
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Filing 4
Case Management Order signed on 12/14/2021 by Magistrate Judge Mustafa T. Kasubhai. (jk)
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| Filing 3 Summons Issued Electronically as to Rentgrow, 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. (jw) |
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Filing 2
Notice of Case Assignment to Magistrate Judge Mustafa T. Kasubhai 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 4/12/2022. Joint Alternate Dispute Resolution Report is due by 5/12/2022. Pretrial Order is due by 5/12/2022. Ordered by Magistrate Judge Mustafa T. Kasubhai. (jw)
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| Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8339750 Jury Trial Requested: Yes. Filed by Brian Eckelman against Rentgrow, Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (McCraw, Dawn) |
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