McCurry et al v. Eastman Credit Union
| Agness McCurry and Etha Jones |
| Eastman Credit Union |
| 2:2023cv00061 |
| June 9, 2023 |
| US District Court for the Eastern District of Tennessee |
| Clifton L Corker |
| Cynthia R Wyrick |
| Contract: Other |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.
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Filing 43
ORDER granting #42 Motion for Leave to Appeal in forma pauperis. Because Jones has satisfied the requirements of Rule 24(a)(1) and qualifies to proceed on appeal in forma pauperis, her motion [Doc. 42] is GRANTED. Signed by District Judge Clifton L Corker on 08/07/2023. (CAT)
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| Filing 42 MOTION for Leave to Appeal in forma pauperis by Etha Jones. (Attachments: #1 Exhibit Bank of the West Credit Card Contract with Agness, #2 Exhibit Bank of the West Credit Card Statement)(Jones, Etha) |
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Filing 41
ORDER: Accordingly, Plaintiffs motion [Doc. 35] is GRANTED IN PART as to Plaintiff McCurry. Plaintiff Jones, however, filed no such affidavit. Thus, she has not complied with Rule 24(a)(1). Plaintiffs' motion is therefore DENIED IN PART, WITHOUT PREJUDICE as to Plaintiff Jones. Jones may, if she chooses, refile a motion to appeal in forma pauperis accompanied by an appropriate affidavit. Moreover, because Plaintiffs have appealed, the Court finds good cause exists to stay the case. Accordingly, the case is STAYED pending Plaintiffs' appeal. Because the stay will suspend any deadlines while it remains in place, Plaintiffs' motions to extend the deadline to amend the Complaint [Doc. 36] and to stay the deadline to participate in a Rule 26(f) conference [Doc. 38] are DENIED AS MOOT. See Order for details. Signed by District Judge Clifton L Corker on 08/02/2023. (CAT)
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| Filing 40 NOTICE by Agness McCurry re #34 USCA Case Number, #33 Notice of Interlocutory Appeal with Plaintiff Etha Jones signature required by the 6th Circuit by August 1st 2023 (McCurry, Agness) |
| Filing 39 MEMORANDUM in Support re #38 Motion to Stay . (McCurry, Agness) |
| Filing 38 MOTION to Stay re #31 Order,,, Set Deadlines,, by Agness McCurry. (McCurry, Agness) |
| Filing 37 MEMORANDUM in Support re #36 Motion to Amend/Revise . (Attachments: #1 Exhibit WCC, #2 Exhibit JCF)(McCurry, Agness) |
| Filing 36 MOTION to Amend/Revise #1 Complaint, by Agness McCurry. (McCurry, Agness) |
| Filing 35 MOTION for Leave to Appeal in forma pauperis for USCA 23-5649 by Agness McCurry. (Attachments: #1 Exhibit Affidavit of Financial Support Federal Contract for Agness Permanent Residency)(McCurry, Agness) |
| Filing 34 USCA Case Number 23-5649 for #33 Notice of Appeal filed by Etha Jones, Agness McCurry. (JCK) |
| Filing 33 NOTICE OF APPEAL as to Order #25 denying #24 Motion to Vacate #24 MOTION to Vacate #23 Order on Motion for TRO with Memorandum of Law by Etha Jones, Agness McCurry. (Filing fee $ 505 NOT PAID). (LCK) |
| Filing 32 NOTICE OF NONCONSENT to Magistrate Cynthia Magistrate to preside over case by Agness McCurry (McCurry, Agness) |
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Filing 31
ORDER : Generally, scheduling orders will be entered by the Court after a telephonic scheduling conference unless otherwise requested by the parties. It is therefore ORDERED: 1. As soon as practicable, but in no event later than 30 days from the first appearance of a defendant, or if that has already occurred, within 30 days of this order, the parties must confer, in a conference arranged by defendants counsel, for the purpose of considering the nature and basis of their claims and defenses; Signed by District Judge Clifton L Corker on 7/5/2023. (Copy of Order mailed to Etha Jones)(JCK)
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| Filing 30 CERTIFICATE OF SERVICE by Eastman Credit Union re #27 Notice (Other) Rule 7.1 Disclosure Statement (Allman, Issac) |
| Filing 29 CERTIFICATE OF SERVICE by Eastman Credit Union re #26 Answer to Complaint (Allman, Issac) |
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Filing 28
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Clifton L Corker on 6/30/23. (Attachments: #1 Other Notice of Consent/Non-Consent) (copy of Order mailed to Etha Jones) (KDO)
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| Filing 27 NOTICE by Eastman Credit Union Rule 7.1 Disclosure Statement (Allman, Issac) |
| Filing 26 ANSWER to #1 Complaint, by Eastman Credit Union.(Allman, Issac) |
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Filing 25
ORDER denying #24 Motion to Vacate #24 MOTION to Vacate #23 Order on Motion for TRO with Memorandum of Law. Plaintiffs are reminded that, despite their pro se status, they are expected to be familiar with and follow the Federal Rules of Civil Procedure and the Courts Local Rules. E.D. Tenn. L.R. 83.13. Signed by District Judge Clifton L Corker on 6/30/23. (copy mailed to Etha Jones) (KDO)
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| Filing 24 MOTION to Vacate #23 Order on Motion for TRO with Memorandum of Law by Agness McCurry. (Attachments: #1 Exhibit JCK 1, #2 Exhibit JCK 2, #3 Exhibit JCK 3, #4 Exhibit JCK 4)(McCurry, Agness) |
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Filing 23
ORDER denying #16 Motion for TRO. For these reasons, Plaintiffs' Motion for a TRO [Doc. 16] is DENIED. Signed by District Judge Clifton L Corker on 6/23/2023. (Copy of Order mailed to Etha Jones)(JCK)
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Filing 22
ORDER granting #21 Motion Request for E-filing Access. Accordingly, Plaintiff Jones' Motion [Doc. 21] is GRANTED. Plaintiff Jones shall be permitted to register as an e-filer and access the CM/ECF filing system subject to the same terms and conditions that apply to other users. Signed by Magistrate Judge Cynthia R Wyrick on 6/21/2023. (Copy of Order mailed to Etha Jones). (LCK)
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| Filing 21 MOTION Request for E-filing Access by Etha Jones. (McCurry, Agness) |
| Filing 20 SEALED Document re: #10 MOTION for Temporary Restraining Order by Agness McCurry. (CAT) |
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Filing 19
ORDER granting #11 Motion for Leave to File Document Under Seal. Signed by Magistrate Judge Cynthia R Wyrick on 06/20/2023. (CAT) Modified to reflect copy of Order mailed to Etha Jones on 6/21/2023 (CAT).
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| Filing 18 SEALED Document re: #1 Complaint by Etha Jones, Agness McCurry. (CAT) |
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Filing 17
ORDER granting #2 Motion for Leave to File Document Under Seal. Signed by Magistrate Judge Cynthia R Wyrick on 06/20/2023. (CAT) Modified to reflect copy of Order mailed to Etha Jones on 6/21/2023 (CAT).
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| Filing 16 MOTION for Temporary Restraining Order by Etha Jones, Agness McCurry. (Attachments: #1 Plaintiff's Affidavit in Support of Their Motion for a Temporary Restraining Order Rule 65 FRCP Against Defendant Eastman Credit Union, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 11, #10 Exhibit 12)(JCK) |
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Filing 15
ORDER granting #4 Motion Requesting Permission to Use Court E-Filing System. Plaintiff, who is proceeding pro se, has filed a Motion for E-Filing Access [Doc. 4], in which she requests permission to e-file documents in this matter rather than filing in person or via mail. Rule 5 of the Electronic Case Filing ("ECF") Rules and Procedures of this Court provides that "[a] party to an action who is not represented by an attorney may, with the Court's permission, register as an E-filer solely for purposes of that action." Accordingly, Plaintiffs Motion [Doc. 4] is GRANTED. Plaintiff shall be permitted to register as an e-filer and access the CM/ECF filing system subject to the same terms and conditions that apply to other users. Signed by Magistrate Judge Cynthia R Wyrick on 6/20/2023. (Copy of Order mailed to Agness McCurry and Etha Jones). (LCK)
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| Filing 14 MEMORANDUM in Support of Motion re #10 MOTION for Temporary Restraining Order filed by Agness McCurry. (Memorandum originally mailed with Motion for Restaining Order doc #10 on 6/15/23, but looked to be a copy of the motion and was not filed.) (JCK) |
| CD containing Exhibit 1-11 re Doc. #16 received and placed in designated filing cabinet in vault. (JCK) |
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Filing 13
ORDER denying #10 Motion for TRO. Accordingly, Plaintiffs' motion [Doc. 10] is DENIED WITHOUT PREJUDICE. Signed by District Judge Clifton L Corker on 06/16/2023. (Copy of Order mailed to Agness McCurry and Etha Jones) (CAT) Modified to reflect correct language on denying motion on 6/20/2023 (CAT).
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| Filing 12 SEALED Proposed Sealed Document re: #11 MOTION for Leave to File Document Under Seal by Agness McCurry. (CAT) |
| Filing 11 MOTION for Leave to File Document Under Seal by Agness McCurry. (CAT) |
| Filing 10 MOTION for Temporary Restraining Order Rule 65 FRCP Against Defendant Eastman Credit Union by Agness McCurry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Envelope) (CAT) |
| CD containing Exhibit 7 re Doc. 10 received and placed in designated filing cabinet in vault. (CAT) |
| Filing 9 SUMMONS Returned Executed. Eastman Credit Union served on 6/12/2023. (LCK) |
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Filing 8
Order Governing Sealing Confidential Information Signed by District Judge Clifton L Corker on 6/9/2023. (JCK) Modified on 6/9/2023 to denote copy of Order mailed to Agnes McCurry and Etha Jones(JCK).
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Filing 7
Order Governing Motions To Dismiss Signed by District Judge Clifton L Corker on 6/9/2023. (Copy of Order mailed to Agnes McCurry and Etha Jones)(JCK)
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Filing 6
Order Governing Depositions Signed by District Judge Clifton L Corker on 6/9/2023. (Copy of Order mailed to Agnes McCurry and Etha Jones(JCK)
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| Filing 5 Summons Issued as to Eastman Credit Union. (Copies given to pro se plaintiff at counter)(JCK) |
| Filing 4 MOTION Requesting Permission to Use Court E-Filing System by, Agness McCurry. (JCK) |
| Filing 3 SEALED Proposed Sealed Document re: #2 MOTION for Leave to File Document Under Seal by Etha Jones, Agness McCurry. Exhibit B (JCK) |
| Filing 2 MOTION for Leave to File Document Under Seal by Etha Jones, Agness McCurry. (JCK) |
| Filing 1 COMPLAINT against Eastman Credit Union (Filing fee $ 402. reciept number 2000000481), filed by Agness McCurry, Etha Jones. (Attachments: #1 Exhibit A,D,E,F,G,I,J,K,L, #2 Civil Cover Sheet)(JCK) Modified on 6/12/2023 to add reciept number for filing fee (JCK). |
| C.D. containing exhibits C and H received and filed in appropriate miscellaneous filing cabinet in vault. (JCK) |
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