Kohlbrecher v. NMVT Motors, LLC et al
| Tommy Kohlbrecher |
| TD Auto Finance LLC, NMVT Motors, LLC, Fifth Third Bank, Nissan Motor Acceptance Corporation, Citizen Auto Finance Inc., Chase Auto Finance Corp, Ally Bank, NMVT Motors LLC, Citizen Auto Finance Inc, JP Morgan Chase Bank NA, Citizens Automobile Finance Inc and NMVT Motors LLC doing business as Nissan of McKinney |
| 3:2018cv02975 |
| November 6, 2018 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| A Joe Fish |
| Other Statutes: Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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| Filing 75 Joint STATUS REPORT filed by Tommy Kohlbrecher. (Scott, R) |
Filing 74
ELECTRONIC ORDER: The undersigned orders that all civil and criminal bench and jury trials, in-person court hearings, and sentencing proceedings scheduled to take place through May 1, 2020, are continued due to concerns about COVID-19 and consistent with the Northern District of Texas's Special Order Nos. 13-5 and 13-6, entered by Chief Judge Barbara Lynn on March 13, and March 18, 2020, respectively. In addition, if the attorneys have been ordered to conduct a face-to-face meeting for purposes of preparing a Rule 26(f) Joint Report, an in-person meeting is no longer required. These continuances do not modify any pending deadlines other than the trial or hearing dates mentioned above. Attorneys should file a motion with the Court to modify any other deadlines unless, as is the case in some cases transferred to this Court from other judges, the scheduling order allows the parties to reset deadlines by agreement without Court approval. Due to the Court's reduced ability to obtain an adequate spectrum of jurors, and due to the reduced availability of attorneys and court staff to be present in courtrooms because of the public health considerations associated with COVID-19, the period of the continuances associated with this Order and Special Order Nos. 13-5 and 13-6 are excluded by the Speedy Trial Act, 18 U.S.C. 3161(h) and 18 U.S.C. 3161 (h)(7)(A). The Court finds that the ends of justice served by ordering these continuances outweigh the best interests of the public and each defendants right to a speedy trial. In fact, the best interests of the public are served by these continuances. The Court encourages the parties to communicate with opposing counsel and litigants by video or telephone whenever possible. (Ordered by Judge Ada Brown on 3/19/2020) (lrl)
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Filing 73
Special Orders 13-5 and 13-6 re: Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic (Ordered by Chief Judge Barbara M. G. Lynn on 3/16/2020 and 3/18/2020)(lrl)
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Filing 72
MEMORANDUM OPINION AND ORDER: The Court GRANTS in part and DENIES in part Defendant's Partially Opposed Motion to Compel Arbitration and Motion to Abate (Doc. No. #52 ). Kohlbrecher and NMVT shall arbitrate Kohlbrecher's claims against NMVT. This action is STAYED, and the Clerk of the Court is instructed to administratively close this case pending arbitration. The parties are ORDERED to provide a joint status update every six months, with the first report due on 1/14/2019. (Ordered by Judge Ada Brown on 1/14/2020) (aaa) Modified title on 4/29/2020 (chmb).
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Filing 71
ORDER granting #70 Motion to Substitute Attorney. All future filings in this case shall be directed to: Jordan A. Mayfield (Ordered by Judge Ada Brown on 10/30/2019) (ndt)
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| Filing 70 Agreed MOTION to Substitute Attorney, added attorney Jordan Alexander Mayfield,Jordan Alexander Mayfield for Nissan Motor Acceptance Corporation. Motion filed by Nissan Motor Acceptance Corporation (Attachments: #1 Proposed Order)Attorney Jordan Alexander Mayfield added to party Nissan Motor Acceptance Corporation(pty:dft) (Mayfield, Jordan) |
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Filing 69
ORDER: Per Special Order 3-335 issued on September 18, 2019, your case has been transferred to Judge Ada Brown. All parties are instructed that any existing scheduling orders and deadlines imposed by the previous judge remain in place unless the parties are otherwise notified by this Court. (Ordered by Judge Ada Brown on 10/8/2019) (cea)
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Filing 68
Special Order 3-335: Effective September 18, 2019, the cases listed on Exhibit A to this order are transferred to Judge Ada E. Brown's docket and shall henceforth be designated by the suffix letter "E." (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 9/18/2019) (cea)
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| Filing 67 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Citizens Automobile Finance Inc identifying Corporate Parent/Other Affiliate Citizens Financial Group, Inc. for Citizens Automobile Finance Inc. (Mayfield, Jordan) |
| Filing 66 ANSWER to Complaint filed by Citizens Automobile Finance Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Jordan Alexander Mayfield added to party Citizens Automobile Finance Inc(pty:dft) (Mayfield, Jordan) |
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Filing 65
ORDER: Unless the plaintiff moves for entry of default and a default judgment by 8/26/2019, his claims against defendant Citizens Automobile Finance, Inc. will be dismissed without further notice. (Ordered by Senior Judge A. Joe Fish on 8/20/2019) (zkc)
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| Filing 64 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by JP Morgan Chase Bank NA. (Mayfield, Jordan) |
| Filing 63 ANSWER to #34 Amended Complaint, filed by JP Morgan Chase Bank NA. 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. Attorney Jordan Alexander Mayfield added to party JP Morgan Chase Bank NA(pty:dft) (Mayfield, Jordan) |
| Filing 62 REPLY filed by NMVT Motors LLC re: #52 MOTION to Compel Aribitration and Motion to Abate MOTION to Stay (Mayfield, Jordan) |
| Filing 61 SUMMONS Returned Executed. (Scott, R) |
| Filing 60 Brief/Memorandum in Support filed by Tommy Kohlbrecher re #59 Response/Objection (Attachments: #1 Exhibit(s) Exhibit A) (Scott, R) |
| Filing 59 RESPONSE filed by Tommy Kohlbrecher re: #52 MOTION to Compel Aribitration and Motion to Abate MOTION to Stay (Scott, R) |
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Filing 58
ORDER granting #54 Motion to Retain Case on Docket. (Ordered by Senior Judge A. Joe Fish on 7/17/2019) (ndt)
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| Filing 57 SUMMONS Returned Executed as to Citizens Automobile Finance Inc ; served on 7/12/2019. (Scott, R) Modified date on 7/17/2019 (epm). |
| Filing 56 SUMMONS Returned Executed as to JP Morgan Chase Bank NA ; served on 7/12/2019. (Scott, R) |
| Filing 55 Brief/Memorandum in Support filed by Tommy Kohlbrecher re #54 MOTION to Extend Time Motion to Retain on Court's Docket, #53 Order to Show Cause/Order to Answer, (Scott, R) |
| Filing 54 MOTION to Extend Time Motion to Retain on Court's Docket filed by Tommy Kohlbrecher (Scott, R) |
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Filing 53
ORDER: Unless the plaintiff show cause in writing by 7/12/2019, why the claims as to Citizens Automobile Finance Inc, and JP Morgan Chase Bank NA, should be retained on the docket, they will be dismissed without further notice. (Ordered by Senior Judge A. Joe Fish on 7/2/2019) (mla)
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| Filing 52 MOTION to Compel Aribitration, MOTION to Abate filed by NMVT Motors LLC (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Mayfield, Jordan). |
| Filing 51 REPLY filed by Ally Bank re: #46 MOTION for Judgment on the Pleadings (Attachments: #1 Exhibit(s) 1) (Ostroff, Ethan) |
| Filing 50 Brief/Memorandum in Support filed by Tommy Kohlbrecher re #49 Response/Objection (Scott, R) |
| Filing 49 RESPONSE filed by Tommy Kohlbrecher re: #46 MOTION for Judgment on the Pleadings (Scott, R) |
| Filing 48 ANSWER to #34 Amended Complaint filed by Nissan Motor Acceptance Corporation. 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. (Szygenda, Aimee) |
| Filing 47 Brief/Memorandum in Support filed by Ally Bank re #46 MOTION for Judgment on the Pleadings (Ostroff, Ethan) |
| Filing 46 MOTION for Judgment on the Pleadings filed by Ally Bank (Attachments: #1 Proposed Order) (Ostroff, Ethan) |
| Filing 45 ANSWER to #34 Amended Complaint,, filed by Ally Bank. 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. (Ostroff, Ethan) |
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Filing 44
ORDER granting #43 Motion for Extension of Time to File Answer. Nissan Motor Acceptance Corporation answer due 4/29/2019. (Ordered by Senior Judge A. Joe Fish on 4/10/2019) (mla)
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| Filing 43 Unopposed Motion for Extension of Time to File Answer filed by Nissan Motor Acceptance Corporation (Attachments: #1 Proposed Order) (Szygenda, Aimee) |
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Filing 42
ORDER denying as moot #31 Motion for Judgment on the Pleadings. (Ordered by Senior Judge A. Joe Fish on 4/1/2019) (zkc)
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Filing 41
ORDER granting #38 Motion for Leave to File First Amended Complaint. Plaintiff's first amended complaint is deemed filed. (Ordered by Senior Judge A. Joe Fish on 4/1/2019) (zkc)
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| Filing 40 RESPONSE AND OBJECTION filed by Ally Bank re: #38 First MOTION for Leave to File Plaintiff's First Amended Complaint (Attachments: #1 Exhibit(s) 1 - Email) (Ostroff, Ethan) |
| Filing 39 Brief/Memorandum in Support filed by Tommy Kohlbrecher re #38 First MOTION for Leave to File Plaintiff's First Amended Complaint (Scott, R) |
| Filing 38 First MOTION for Leave to File Plaintiff's First Amended Complaint filed by Tommy Kohlbrecher (Attachments: #1 Proposed Amendment Plaintiff's First Amended Complaint) (Scott, R) |
| Filing 37 Summons Issued as to Citizens Automobile Finance Inc, JP Morgan Chase Bank NA. (Attachments: #1 Additional Page(s)) (rekc) |
| Filing 36 Request for Clerk to issue citation filed by Tommy Kohlbrecher. (Scott, R) |
| Filing 35 Request for Clerk to issue citation filed by Tommy Kohlbrecher. (Scott, R) |
| Filing 34 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Tommy Kohlbrecher. (One or more defendant(s) is no longer named.) Plaintiff will submit summons(es) for issuance. 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. (Scott, R) |
| Filing 33 REPLY filed by Ally Bank re: #32 Brief/Memorandum in Support of Motion, #31 MOTION for Judgment on the Pleadings (Ostroff, Ethan) |
| Filing 32 Brief/Memorandum in Support filed by Ally Bank re #31 MOTION for Judgment on the Pleadings (Ostroff, Ethan) |
| Filing 31 MOTION for Judgment on the Pleadings filed by Ally Bank (Attachments: #1 Proposed Order) (Ostroff, Ethan) |
| Filing 30 NOTICE of Attorney Appearance by Ethan Geoffrey Ostroff on behalf of Ally Bank. (Filer confirms contact info in ECF is current.) (Ostroff, Ethan) |
| Filing 29 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by TD Auto Finance LLC. (Mayfield, Jordan) |
| Filing 28 ANSWER to #1 Complaint filed by TD Auto Finance LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Jordan Alexander Mayfield added to party TD Auto Finance LLC(pty:dft) (Mayfield, Jordan) |
| Filing 27 ANSWER to #1 Complaint filed by Ally Bank. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Flynn, Virginia) |
| Filing 26 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Chase Auto Finance Corp. (Mayfield, Jordan) |
| Filing 25 ANSWER to #1 Complaint filed by Chase Auto Finance Corp. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Jordan Alexander Mayfield added to party Chase Auto Finance Corp(pty:dft) (Mayfield, Jordan) |
| Filing 24 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Fifth Third Bank. (Mayfield, Jordan) |
| Filing 23 ANSWER to #1 Complaint filed by Fifth Third Bank. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Jordan Alexander Mayfield added to party Fifth Third Bank(pty:dft) (Mayfield, Jordan) |
| Filing 22 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nissan Motor Acceptance Corporation identifying Corporate Parent/Other Affiliate Nissan North America Inc for Nissan Motor Acceptance Corporation. (Szygenda, Aimee) |
| Filing 21 ANSWER to #1 Complaint filed by Nissan Motor Acceptance Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Szygenda, Aimee) |
| Filing 20 NOTICE of Attorney Appearance by Jordan Alexander Mayfield on behalf of NMVT Motors LLC. (Filer confirms contact info in ECF is current.) (Mayfield, Jordan) |
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Filing 19
ORDER: Within twenty days of this date, defendant NMVT Motors, LLC, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). (Ordered by Senior Judge A. Joe Fish on 12/12/2018) (axm)
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| Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by NMVT Motors LLC. (Mayfield, Jordan) (Main Document 18 replaced to flatten on 12/11/2018) (epm). |
| Filing 17 ANSWER to #1 Complaint,,,, filed by NMVT Motors LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Jordan Alexander Mayfield added to party NMVT Motors LLC(pty:dft) (Mayfield, Jordan) |
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Filing 16
ORDER granting #12 Unopposed MOTION to Extend Time To Respond to Complaint. Answer due from Ally Bank on 1/3/2019. (Ordered by Senior Judge A. Joe Fish on 11/30/2018) (epm)
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Filing 15
ORDER granting #14 Motion for Extension of Time to File Answer. Nissan Motor Acceptance Corporation answer due 12/18/2018. (Ordered by Senior Judge A. Joe Fish on 11/30/2018) (epm)
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| Filing 14 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond filed by Nissan Motor Acceptance Corporation (Attachments: #1 Proposed Order)Attorney Aimee Guidry Szygenda added to party Nissan Motor Acceptance Corporation(pty:dft) (Szygenda, Aimee) |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ally Bank identifying Corporate Parent/Other Affiliate Ally Financial Inc. for Ally Bank. (Flynn, Virginia) |
| Filing 12 Unopposed MOTION to Extend Time To Respond to Complaint filed by Ally Bank with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Virginia Bell Flynn added to party Ally Bank(pty:dft) (Flynn, Virginia) |
| Filing 11 Summons Issued as to Ally Bank, Chase Auto Finance Corp, Citizen Auto Finance Inc., Fifth Third Bank, NMVT Motors, LLC, Nissan Motor Acceptance Corporation, TD Auto Finance LLC. (ndt) |
| Filing 10 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 9 Request for Clerk to issue Summons in a Civil Action filed by Tommy Kohlbrecher. (Scott, R) |
| Filing 8 Request for Clerk to issue Summons in a Civil Action filed by Tommy Kohlbrecher. (Scott, R) |
| Filing 7 Request for Clerk to issue Summons in a Civil Action filed by Tommy Kohlbrecher. (Scott, R) |
| Filing 6 Request for Clerk to issue Summons in a Civil Action filed by Tommy Kohlbrecher. (Scott, R) |
| Filing 5 Request for Clerk to issue Summons in a Civil Action filed by Tommy Kohlbrecher. (Scott, R) |
| Filing 4 Request for Clerk to issue Summons in a Civil Action filed by Tommy Kohlbrecher. (Scott, R) |
| Filing 3 Request for Clerk to issue Summons in a Civil Action filed by Tommy Kohlbrecher. (Scott, R) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Tommy Kohlbrecher. (Scott, R) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Tommy Kohlbrecher. (Filing fee $400; Receipt number 0539-9567749) 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. (Scott, R) |
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