Cunningham v. Channer LLC
| Cunningham and Craig Cunningham |
| Telemarketers, Channer LLC, Jerome Davis, National Debt Assistance, Plain Green LLC and John/Jane Does 1-5 |
| 3:2017cv00546 |
| February 24, 2017 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| David L Horan |
| Sam A Lindsay |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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Filing 36
ORDER: Having reviewed the pleadings, motion, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court grants in part and denies in part Plaintiff's Motion to Nonsuit (Doc. #32 ). The court also denies as moot Plaintiff's Motions for Entry of Default and Default Judgment against Jerome Davis (Docs. #21 , #23 ). Further, as no claims or Defendants remain, the clerk of the court is directed to close this action after entry of this order. (Ordered by Judge Sam A Lindsay on 4/2/2018) (ndt)
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| Filing 35 ADDITIONAL ATTACHMENTS to #32 Motion to Dismiss, #33 Findings and Recommendations, 34 Order Setting Deadline/Hearing, by Plaintiff Craig Cunningham. (Mulvey, Aaron) |
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Filing 34
ELECTRONIC ORDER: In light of Plaintiff's filing his Motion to Nonsuit John Does 1-5 #32 , the Court CANCELS the evidentiary hearing on personal jurisdiction over Defendant Jerome Davis for purposes of Plaintiff's Motion for Default Judgment and Request for Hearing on Damages against Defendant Jerome Davis #23 , which was reset for November 8, 2017 at 10:00 a.m. (Ordered by Magistrate Judge David L. Horan on 11/2/2017.)
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Filing 33
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Plaintiff's Motion to Nonsuit John Does 1-5 [Dkt. No. #32 ] and dismiss Defendants Channer LLC and Jerome Davis without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Ordered by Magistrate Judge David L. Horan on 11/2/2017) (chmb)
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| Filing 32 MOTION to Dismiss without Prejudice filed by Craig Cunningham (Mulvey, Aaron) Modified event and text on 11/2/2017 (epm). |
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Filing 31
ELECTRONIC ORDER granting in part #29 Plaintiff's Motion Reset Hearing of 11/1/2017. The evidentiary hearing on personal jurisdiction over Defendant Jerome Davis for purposes of Plaintiff's Motion for Default Judgment and Request for Hearing on Damages against Defendant Jerome Davis #23 is reset for November 8, 2017 at 10:00 a.m. in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242 before United States Magistrate Judge David L. Horan. The Court DENIES Plaintiff's request for leave to amend his petition and reserve Jerome Davis and Channer, LLC, through Jerome Davis or another corporate officer within 30 days, without prejudice to Plaintiff's filing a motion for leave to amend and to extend the service period that complies with Northern District of Texas Local Civil Rule 15.1. If Plaintiff's request for leave to amend has any bearing on whether Plaintiff intends to continue pursuing his current Motion for Default Judgment and Request for Hearing on Damages against Defendant Jerome Davis #23 -- which is based on Plaintiffs First Amended Complaint #5 -- Plaintiff should advise the Court before the November 8, 2017 hearing. (Ordered by Magistrate Judge David L. Horan on 11/1/2017.)
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Filing 30
ORDER Accepting #27 Findings and Recommendation of the United States Magistrate Judge. The court grants #26 Plaintiff's Motion to Nonsuit National Debt Assistance and dismisses without prejudice this action against Defendant National Debt Assistance only. (Ordered by Judge Sam A Lindsay on 10/31/2017) (axm)
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| Filing 29 MOTION to Continue filed by Craig Cunningham (Mulvey, Aaron) |
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Filing 28
ORDER SETTING HEARING ON PERSONAL JURISDICTION: The undersigned hereby ORDERS Plaintiff to appear and show that the Court has personal jurisdiction over Mr. Davis such that Plaintiff's claims against Mr. Davis should not be dismissed, and sets an evidentiary hearing for November 1, 2017 at 10:00 a.m. in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242 before United States Magistrate Judge David L. Horan. Failure to comply with this order will result in a recommendation that Mr. Cunningham's claims against Mr. Davis be dismissed for either lack of personal jurisdiction and/or failure to prosecute under Federal Rule of Civil Procedure 41(b). (Ordered by Magistrate Judge David L. Horan on 10/20/2017) (mcrd) (Main Document 28 replaced on 10/20/2017) (mcrd).
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Filing 27
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Plaintiff's Motion to Nonsuit National Debt Assistance [Dkt. No. #26 ] and dismiss Defendant National Debt Assistance without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Ordered by Magistrate Judge David L. Horan on 10/12/2017) (mcrd) (Main Document 27 replaced on 10/12/2017) (mcrd).
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| Filing 26 Unopposed MOTION to Dismiss Unserved Party filed by Craig Cunningham (Attachments: #1 Proposed Order) (Mulvey, Aaron) |
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Filing 25
ORDER: Plaintiff is hereby directed to effect service on Defendant National Debt Assistance by October 19, 2017, or show good cause in writing for the failure or inability to effect service. (Ordered by Magistrate Judge David L. Horan on 9/19/2017) (mcrd)
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Filing 24
STANDING ORDER OF REFERENCE: This case is referred to United States Magistrate Judge David L. Horan for pretrial management. (Ordered by Magistrate Judge David L. Horan on 9/15/2017) (ash)
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| Filing 23 MOTION for Default Judgment against Jerome Davis filed by Craig Cunningham (Attachments: #1 Affidavit(s), #2 Affidavit(s)) (Mulvey, Aaron) |
| Filing 22 Clerk's ENTRY OF DEFAULT as to Jerome Davis. (ams) |
| Filing 21 Combined Request for Clerks Entry of Default and MOTION for Default Judgment against Jerome Davis filed by Craig Cunningham (Attachments: #1 Affidavit(s), #2 Affidavit(s)) (Mulvey, Aaron) |
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Filing 20
ORDER granting #19 Agreed Motion of Dismissal With Prejudice. All causes of action and claims of Plaintiff Craig Cunningham against Defendant Plain Green, LLC are dismissed with prejudice. (Ordered by Judge Sam A Lindsay on 8/3/2017) (aaa)
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| Filing 19 Agreed MOTION to Dismiss ONLY Defendant Plain Green, LLC filed by Craig Cunningham (Attachments: #1 Proposed Order) (Mulvey, Aaron) |
| Filing 18 DISCLOSURE STATEMENT by Plain Green LLC. (Baggett, Tamara) Modified title on 7/13/2017 (axm). |
| Filing 17 CERTIFICATE OF INTERESTED PERSONS by Plain Green LLC. (Baggett, Tamara) Modified title on 7/13/2017 (axm). |
| Filing 16 Brief/Memorandum in Support filed by Plain Green LLC re #15 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s) A) (Baggett, Tamara) |
| Filing 15 Motion to Dismiss for Failure to State a Claim filed by Plain Green LLC (Attachments: #1 Proposed Order) (Baggett, Tamara) |
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Filing 14
ELECTRONIC ORDER granting #12 Application for Admission Pro Hac Vice of Jeffrey K. Holth. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 7/11/2017) (chmb)
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Filing 13
ELECTRONIC ORDER granting #11 Application for Admission Pro Hac Vice of Joseph F. Halloran. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 7/11/2017) (chmb)
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| Filing 12 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jeffery K. Holth (Filing fee $25; Receipt number 0539-8524812) filed by Plain Green LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order) (Baggett, Tamara) |
| Filing 11 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Joseph A. Halloran (Filing fee $25; Receipt number 0539-8524805) filed by Plain Green LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order) (Baggett, Tamara) |
| Filing 10 NOTICE of Attorney Appearance by Tamara D Baggett on behalf of Plain Green LLC. (Filer confirms contact info in ECF is current.) (Baggett, Tamara) |
| Filing 9 SUMMONS Returned Executed as to Channer LLC, served on 6/20/2017; Jerome Davis, served on 6/19/2017. (sss) |
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Filing 8
ORDER granting #7 Motion to Dismiss. Accordingly, all claims of Plaintiff Craig Cunningham against Defendant John/Jane Does 1-5 are dismissed without prejudice. (Ordered by Judge Sam A Lindsay on 6/19/2017) (axm)
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| Filing 7 MOTION to Dismiss John Does 1-5 filed by Craig Cunningham (Attachments: #1 Proposed Order) (Mulvey, Aaron) |
| Filing 6 Summons Issued as to Channer LLC, Jerome Davis, John/Jane Does 1-5, National Debt Assistance, Plain Green LLC. (twd) |
| Filing 5 AMENDED COMPLAINT against channer, llc filed by Craig Cunningham. (One or more defendant(s) is no longer named.) Clerk to issue summons(es) for new federal defendant(s). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Mulvey, Aaron) |
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Filing 4
ORDER: Plaintiff is directed to effect service on Defendants 626-799-8018; 615-682-4015; 423-443-3052; 609-225-5799; 484-891-1779 and John/Jane Does 1-5 by 6/27/17, or show good cause in writing for the failure or inability to effect service. (Ordered by Judge Sam A Lindsay on 6/5/2017) (ash)
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| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT filed by Craig Cunningham. (Please see Docket Entry #1 for image) (ran) |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ran) |
| Filing 1 COMPLAINT against All Defendants filed by Craig Cunningham. (Filing fee $400; Receipt number 0539-8233993) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Declaration(s), #2 Cover Sheet) (Mulvey, Aaron) |
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