Foote v. Car Protection USA et al
Paula Foote |
Car Protection USA, Matrix Warranty Solutions Inc and John Davis |
3:2020cv01084 |
April 30, 2020 |
US District Court for the Northern District of Texas |
Sam A Lindsay |
Telephone Consumer Protection Act (TCPA) |
47 U.S.C. § 227 |
Plaintiff |
Docket Report
This docket was last retrieved on May 18, 2020. A more recent docket listing may be available from PACER.
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Filing 43 ELECTRONIC ORDER granting #42 Application for Admission Pro Hac Vice of Gregory M. Caffas. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 5/18/2020) (chmb) |
Filing 42 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10841282) filed by Car Protection USA, John Davis, Matrix Warranty Solutions Inc (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order) (Caffas, Gregory) |
Filing 41 ELECTRONIC ORDER granting #39 Application for Admission Pro Hac Vice of Joseph P. Bowser. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 5/13/2020) (chmb) |
Filing 40 ELECTRONIC ORDER granting #38 Application for Admission Pro Hac Vice of Anthony Paronich. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 5/13/2020) (chmb) |
Filing 39 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10835002) filed by Car Protection USA, John Davis, Matrix Warranty Solutions Inc (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order) (Bowser, Joseph) |
Filing 38 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10809164) filed by Paula Foote with Brief/Memorandum in Support. (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (Paronich, Anthony) |
Filing 37 NOTICE of Attorney Appearance by Chris R Miltenberger on behalf of Paula Foote. (Filer confirms contact info in ECF is current.) (Miltenberger, Chris) |
Filing 36 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. (oyh) |
Filing 35 Case electronically transferred in from District of Georgia Northern; Case Number 1:19-cv-04381. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
Filing 34 ORDER granting #33 Motion to Transfer Case. The Court hereby transfers this case to the United States District Court for the Northern District of Texas, Dallas Division, and directs the Clerk of the Court to effectuate the transfer. Signed by Judge Leigh Martin May on 4/30/2020. (tmf) [Transferred from Georgia Northern on 4/30/2020.] |
Civil Case Terminated. (tmf) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 33 Joint MOTION to Transfer Case to N.D.Texas by Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protection. (Attachments: #1 Text of Proposed Order)(Caffas, Gregory) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 32 CERTIFICATE OF SERVICE by John Davis.(Caffas, Gregory) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 31 Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (aaq) (ADI) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 30 CERTIFICATE OF SERVICE by Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protection.(Fink, Benjamin) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 28 SCHEDULING ORDER: re: #26 Joint Preliminary Report and Discovery Plan, Signed by Judge Leigh Martin May on 3/24/2020. (tmf) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 29 General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (tmf) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 27 ORDER: Defendants' Motion to Dismiss #16 is DENIED without prejudice with the right to refile at the conclusion of the limited discovery period. Defendants' Motion to Stay Discovery #17 is GRANTED IN PART. Signed by Judge Leigh Martin May on 3/12/2020. (tmf) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 26 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protection. (Attachments: #1 Supplement Statement to Section 4 Explaining Defendants' Jurisdictional Objections)(Fink, Benjamin) [Transferred from Georgia Northern on 4/30/2020.] |
Submission of #16 MOTION to Dismiss for Lack of Personal Jurisdiction, #17 MOTION to Stay Discovery Pending Ruling on Dkt. 16, to District Judge Leigh Martin May. (adg) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 25 REPLY BRIEF re #17 MOTION to Stay Discovery Pending Ruling on Dkt. 16 filed by Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protection. (Attachments: #1 Exhibit 1: Declaration of Joseph P. Bowser)(Fink, Benjamin) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 24 REPLY BRIEF re #16 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protection. (Attachments: #1 Exhibit 1: Amended Counterclaims, #2 Exhibit 2: Response to Motion to Quash Subpoena)(Fink, Benjamin) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 23 RESPONSE in Opposition re #17 MOTION to Stay Discovery Pending Ruling on Dkt. 16 filed by Paula Foote. (Attachments: #1 Exhibit 1 - Affidavit of Andrew Perrong, #2 Exhibit 2 -- E-mail Correspondence Regarding Preservation by Car Protection USA)(Paronich, Anthony) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 22 RESPONSE in Opposition re #16 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Paula Foote. (Attachments: #1 Exhibit 1 -- Sample Matrix Warranty Vehicle Service Contract, #2 Exhibit 2 -- Affidavit of Andrew Perrong)(Paronich, Anthony) [Transferred from Georgia Northern on 4/30/2020.] |
APPROVAL by Clerks Office re: #20 APPLICATION for Admission of Joseph P. Bowser Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9339882). Attorney Benjamin I. Fink added appearing on behalf of Car Protection USA et al (jkm)[Transferred from Georgia Northern on 4/30/2020.] |
APPROVAL by Clerks Office re: #20 APPLICATION for Admission of Joseph P. Bowser Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9339882). Attorney Joseph P. Bowser added appearing on behalf of Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protection (cdg) [Transferred from Georgia Northern on 4/30/2020.] |
ORAL ORDER granting #19 Application for Admission Pro Hac Vice as to Gregory M. Caffas ; granting #20 Application for Admission Pro Hac Vice as to Joseph P. Bowser. Approved by Judge Leigh Martin May on 02/12/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rvb) [Transferred from Georgia Northern on 4/30/2020.] |
APPROVAL by Clerks Office re: #19 APPLICATION for Admission of Gregory M. Caffas Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9339865). Attorney Gregory M. Caffas added appearing on behalf of Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protection (cdg) [Transferred from Georgia Northern on 4/30/2020.] |
APPROVAL by Clerks Office re: #19 APPLICATION for Admission of Gregory M. Caffas Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9339865). Attorney Benjamin I. Fink added appearing on behalf of Car Protection USA (jkm) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 21 Notice for Leave of Absence for the following date(s): February 14-17, March 16-18, March 27, April 6-13, May 11-12, by Benjamin I. Fink. (Fink, Benjamin) [Transferred from Georgia Northern on 4/30/2020.] |
Clerks Notation re #18 Corporate Disclosure Statement, reviewed and approved by LMM. (rvb) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 20 APPLICATION for Admission of Joseph P. Bowser Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9339882).by Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protection. (Fink, Benjamin) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 4/30/2020.] |
Filing 19 APPLICATION for Admission of Gregory M. Caffas Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9339865).by Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protection. (Fink, Benjamin) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 4/30/2020.] |
Filing 18 Corporate Disclosure Statement by Matrix Warranty Solutions, Inc. d/b/a Element Protection by Matrix Warranty Solutions, Inc. d/b/a Element Protection.(Fink, Benjamin) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 17 MOTION to Stay Discovery Pending Ruling on Dkt. 16 with Brief In Support by Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protection. (Attachments: #1 Brief, #2 Exhibit 1: Discovery to Davis, #3 Exhibit 2: Discovery to Matrix)(Fink, Benjamin) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 16 MOTION to Dismiss for Lack of Personal Jurisdiction with Brief In Support by Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protection. (Attachments: #1 Brief, #2 Affidavit Exhibit 1: Tuerk Declaration, #3 Affidavit Exhibit 2: Davis Declaration)(Fink, Benjamin) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 15 ORDER GRANTING #12 Motion to Commence Limited Discovery to allow the Plaintiff to serve discovery on any individual or entity that may have information that could identify putative class members. Signed by Judge Leigh Martin May on 1/6/20. (jpa) [Transferred from Georgia Northern on 4/30/2020.] |
Submission of #12 MOTION for Discovery to Commence Limited Discovery to Avoid the Destruction of Records that Identify Putative Class Members, to District Judge Leigh Martin May. (rlb) [Transferred from Georgia Northern on 4/30/2020.] |
ORAL ORDER granting #14 Application for Admission Pro Hac Vice as to Andrew Heidarpour. Approved by Judge Leigh Martin May on 12/20/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rvb) [Transferred from Georgia Northern on 4/30/2020.] |
APPROVAL by Clerks Office re: #14 APPLICATION for Admission of Andrew Heidarpour Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9173822). Documents for this entry are not available for viewing outside the courthouse.. Attorney Andrew W. Heidarpour added appearing on behalf of Paula Foote (pmb) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 14 APPLICATION for Admission of Andrew Heidarpour Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9173822). Documents for this entry are not available for viewing outside the courthouse.by Paula Foote. (Koval, Steven) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 13 WAIVER OF SERVICE Returned Executed by Paula Foote. Matrix Warranty Solutions, Inc. d/b/a Element Protection waiver mailed on 12/3/2019, answer due 2/3/2020. (Paronich, Anthony) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 12 MOTION for Discovery to Commence Limited Discovery to Avoid the Destruction of Records that Identify Putative Class Members with Brief In Support by Paula Foote. (Attachments: #1 Exhibit 1 -- Department of Justice Chart of Retention Periods of Telecommunications Providers, #2 Exhibit 2 -- E-mail Correspondence with John Davis, #3 Text of Proposed Order)(Paronich, Anthony) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 11 First AMENDED COMPLAINT against Car Protection USA, John Davis, Matrix Warranty Solutions, Inc. d/b/a Element Protectionwith Jury Demand filed by Paula Foote.(Paronich, Anthony) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 4/30/2020.] |
Filing 10 ORDER: This case comes before the Court on Plaintiff's Motion to Amend the Complaint #9 . Plaintiff wishes to add another Defendant. As Defendants did not file a response, Defendants do not oppose this motion. See LR 7.1B, NDGa. For good cause shown, Plaintiff's Motion is GRANTED. See Fed. R. Civ. P. 15(a)(2). Plaintiff is DIRECTED to file the Amended Complaint included in this Motion, see Dkt. No. [ #9 -1], on the docket within seven (7) days of the entry of this Order. Signed by Judge Leigh Martin May on 12/3/2019. (tmf) [Transferred from Georgia Northern on 4/30/2020.] |
Submission of #9 MOTION to Amend #1 Complaint, , to District Judge Leigh Martin May. (tmf) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 9 MOTION to Amend #1 Complaint, with Brief In Support by Paula Foote. (Attachments: #1 Exhibit 1 -- Proposed First Amended Complaint)(Paronich, Anthony) [Transferred from Georgia Northern on 4/30/2020.] |
ORAL ORDER granting #5 Application for Admission Pro Hac Vice as to Anthony Paronich. Approved by by Judge Leigh Martin May on 10/14/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rvb) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 8 Return of Service Executed by Paula Foote. John Davis served on 10/7/2019, answer due 10/28/2019. (Paronich, Anthony) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 7 Return of Service Executed by Paula Foote. Car Protection USA served on 10/7/2019, answer due 10/28/2019. (Paronich, Anthony) [Transferred from Georgia Northern on 4/30/2020.] |
APPROVAL by Clerks Office re: #5 APPLICATION for Admission of ANTHONY PARONICH Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8989498). Documents for this entry are not available for viewing outside the courthouse.. Attorney Anthony Paronich added appearing on behalf of Paula Foote (pmb) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 6 STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 10/9/2019. (tmf) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 5 APPLICATION for Admission of ANTHONY PARONICH Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8989498). Documents for this entry are not available for viewing outside the courthouse.by Paula Foote. (Koval, Steven) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 4 Electronic Summons Issued as to John Davis. (eop) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 3 Electronic Summons Issued as to Car Protection USA (c/o registered agent: Robert Hill). (eop) [Transferred from Georgia Northern on 4/30/2020.] |
Filing 2 Electronic Summons Issued as to Car Protection USA (Clear Path; c/o registered agent- Thomas Rothstein). (eop) Modified text on 10/1/2019 (eop). [Transferred from Georgia Northern on 4/30/2020.] |
Filing 1 CLASS ACTION COMPLAINT with Jury Demand filed by Paula Foote. (Filing fee $400.00, receipt number AGANDC-8968607) (Attachments: #1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified text on 10/1/2019 (eop). [Transferred from Georgia Northern on 4/30/2020.] |
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