Cunningham v. Headstart Warranty Group, LLC et al
| Craig Cunningham |
| Headstart Warranty Group, LLC, Vehicle Service Department, Sing For Service LLC doing business as MEPCO, Michael Stafford, Auto Knight Motor Club, Inc., Midwest Casualty Insurance Company, JCHW Inc, James Blakey, Timothy Schuur and John/Jane Does 1-5 |
| 3:2024cv00545 |
| March 6, 2024 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| David L Horan |
| Brantley Starr |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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Filing 35
Case electronically transferred in from District of North Carolina Western; Case Number 3:23-cv-00239. 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.
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***Clerk's Notice of delivery: (see NEF for details) Docket No:36, 37. NEF of document #35 Thu Mar 7 09:20:04 CST 2024 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document #38 Thu Mar 7 11:34:24 CST 2024 (crt)
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Filing 38
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 3/6/2024) (cfk)
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Filing 37
Notice and Instruction to Pro Se Party. (cfk)
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Filing 36
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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. (cfk)
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Filing 34
ORDER that this action is transferred to the United States District Court for the Northern District of Texas. Signed by Senior Judge Graham Mullen on 3/6/2024. (Pro se litigant served by US Mail.)(kab) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 33
ORDER granting #18 Defendant Auto Knight Motor Club, Inc.'s Motion to Dismiss for Lack of Jurisdiction. Signed by Senior Judge Graham Mullen on 3/4/2024. (Pro se litigant served by US Mail.)(kab) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 32
NOTICE of Supplemental Authority by Sing for Service, LLC re #22 Amended MOTION to Dismiss for Failure to State a Claim amended to add Certificate of Service (Attachments: #1 Exhibit A - Order in 3:23-cv-238-FDW-SCR)(Brinson, Clifton) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 31
RESPONSE in Support re #22 Amended MOTION to Dismiss for Failure to State a Claim amended to add Certificate of Service by Sing for Service, LLC. (Brinson, Clifton) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 30
REPLY to Response to Motion re #18 MOTION to Dismiss for Lack of Jurisdiction by Auto Knight Motor Club, Inc.. (Hansen, Chad) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 29
NOTICE of intent not to file reply re #24 Response to Motion by James Blakey, Headstart Warranty Group, LLC, JCHW,Inc., Timothy Schuur. (Horne, James) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 28
Pro Se RESPONSE to Motion re #13 MOTION to Dismiss for Failure to State a Claim by Craig Cunningham. Replies due by 8/30/2023 (Attachments: #1 Attachment, #2 Envelope)(cjs) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 27
Pro Se RESPONSE to Motion re #18 MOTION to Dismiss for Lack of Jurisdiction by Craig Cunningham. Replies due by 8/24/2023 (Attachments: #1 Exhibit A, #2 Envelope)(tlj) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 26
Exhibit by Craig Cunningham. Exhibit to #24 Response to Motion (Attachments: #1 Envelope)(tlj) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 24
Pro Se RESPONSE to Motion re #15 MOTION to Dismiss by Craig Cunningham. Replies due by 8/23/2023 (tlj) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 23
MEMORANDUM in Support re #22 Amended MOTION to Dismiss for Failure to State a Claim amended to add Certificate of Service by Sing for Service, LLC. (Brinson, Clifton) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 22
Amended MOTION to Dismiss for Failure to State a Claim amended to add Certificate of Service by Sing for Service, LLC. Responses due by 8/17/2023 (Brinson, Clifton) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 21
ROSEBORO ORDER Setting Response Deadline re: #15 MOTION to Dismiss . ( Responses due by 8/15/2023 ). Signed by Senior Judge Graham Mullen on 8/1/2023. (Pro se litigant served by certified mail/return receipt requested.)(kab) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 20
ROSEBORO ORDER Setting Response Deadline re: #18 MOTION to Dismiss for Lack of Jurisdiction . ( Responses due by 8/15/2023 ). Signed by Senior Judge Graham Mullen on 8/1/2023. (Pro se litigant served by certified mail/return receipt requested.)(kab) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 19
DECLARATION of Craig Hart re #18 MOTION to Dismiss for Lack of Jurisdiction filed by Auto Knight Motor Club, Inc. (Hansen, Chad) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 18
MOTION to Dismiss for Lack of Jurisdiction by Auto Knight Motor Club, Inc.. Responses due by 8/11/2023 (Attachments: #1 Memorandum) (Hansen, Chad) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 17
Corporate Disclosure Statement by Headstart Warranty Group, LLC. (Horne, James) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 16
Corporate Disclosure Statement by JCHW,Inc.. (Horne, James) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 15
MOTION to Dismiss by James Blakey, Headstart Warranty Group, LLC, JCHW,Inc., Timothy Schuur. Responses due by 8/11/2023 (Attachments: #1 Memorandum Memorandum in Support) (Horne, James) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 14
ROSEBORO ORDER Setting Response Deadline re: #13 MOTION to Dismiss for Failure to State a Claim . Responses due by 8/1/2023. Signed by Senior Judge Graham Mullen on 7/18/2023. (Pro se litigant served by US Mail.)(kab) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 13
MOTION to Dismiss for Failure to State a Claim by Sing for Service, LLC. Responses due by 7/21/2023 (Attachments: #1 Memorandum Brief in Support of Motion to Dismiss) (Brinson, Clifton) [Transferred from North Carolina Western on 3/7/2024.]
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TEXT-ONLY ORDER granting #11 Motion for Extension of Time to Answer re #11 Consent MOTION for Extension of Time to Answer re: #1 Complaint . Sing for Service, LLC answer due 7/7/2023.. Entered by Senior Judge Graham Mullen on July 3, 2023. (Pro se litigant served by US Mail.)(DC) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 12
NOTICE of Appearance by John Everett Harris on behalf of Sing for Service, LLC (Harris, John) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 11
Consent MOTION for Extension of Time to Answer re: #1 Complaint by Sing for Service, LLC. (Brinson, Clifton) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 10
Corporate Disclosure Statement by Sing for Service, LLC. (Brinson, Clifton) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 9
NOTICE of Appearance by Clifton L. Brinson on behalf of Sing for Service, LLC (Brinson, Clifton) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 8
ORDER granting #7 Defendants' Headstart Warranty Group, LLC, JCHW, Inc., James Blakley and Timothy Schuur and Auto Knight Motor Club, Inc.'s Second Consent MOTION for Extension of Time to Answer re: #1 Complaint (Consent). Auto Knight Motor Club, Inc. answer due 7/28/2023; James Blakey answer due 7/28/2023; Headstart Warranty Group, LLC answer due 7/28/2023; JCHW,Inc. answer due 7/28/2023; Timothy Schuur answer due 7/28/2023. Signed by Senior Judge Graham Mullen on 6/26/2023. (Pro se litigant served by US Mail.)(kab) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 7
Second MOTION for Extension of Time to Answer re: #1 Complaint (Consent) by Auto Knight Motor Club, Inc., James Blakey, Headstart Warranty Group, LLC, JCHW,Inc., Timothy Schuur. (Attachments: #1 Proposed Order) (Hansen, Chad) [Transferred from North Carolina Western on 3/7/2024.]
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TEXT-ONLY ORDER granting #6 Motion for Extension of Time to Answer re #6 MOTION for Extension of Time to Answer re: #1 Complaint . James Blakey answer due 6/30/2023; Headstart Warranty Group, LLC answer due 6/30/2023; JCHW,Inc. answer due 6/30/2023; Timothy Schuur answer due 6/30/2023.. Entered by Senior Judge Graham Mullen on June 5, 2023. (Pro se litigant served by US Mail.)(DC) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 6
MOTION for Extension of Time to Answer re: #1 Complaint by James Blakey, Headstart Warranty Group, LLC, JCHW,Inc., Timothy Schuur. (Attachments: #1 Proposed Order) (Horne, James) [Transferred from North Carolina Western on 3/7/2024.]
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TEXT-ONLY ORDER granting #5 Motion for Extension of Time to Answer re #5 Consent MOTION for Extension of Time to Answer re: #1 Complaint . Auto Knight Motor Club, Inc. answer due 6/26/2023.. Entered by Senior Judge Graham Mullen on May 25, 2023. (Pro se litigant served by US Mail.)(DC) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 5
Consent MOTION for Extension of Time to Answer re: #1 Complaint by Auto Knight Motor Club, Inc.. (Attachments: #1 Proposed Order) (Hansen, Chad) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 4
SUMMONS Returned Executed by Craig Cunningham. Auto Knight Motor Club, Inc. served on 5/4/2023, answer due 5/25/2023; James Blakey served on 5/6/2023, answer due 5/30/2023; Headstart Warranty Group, LLC served on 5/8/2023, answer due 5/30/2023; JCHW,Inc. served on 5/6/2023, answer due 5/30/2023; Midwest Casualty Insurance Company served on 5/11/2023, answer due 6/1/2023; Timothy Schuur served on 5/11/2023, answer due 6/1/2023. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Envelope)(cjs) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 3
Pro Se Waiver of the Service of Summons by Craig Cunningham. (Attachments: #1 Envelope)(tlj) [Transferred from North Carolina Western on 3/7/2024.]
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Filing 2
Summons Issued Conventionally by US Mail as to Auto Knight Motor Club, Inc., James Blakey, John/Jane Does 1-5, Headstart Warranty Group, LLC, JCHW,Inc., Midwest Casualty Insurance Company, Timothy Schuur, Sing for Service, LLC, Michael Stafford, Vehicle Service Department.(cjs) Modified Docket Text on 4/27/2023 (cjs). [Transferred from North Carolina Western on 3/7/2024.]
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Filing 1
Pro Se COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number 3341), filed by Craig Cunningham. (Attachments: #1 Cover Sheet, #2 Exhibit, #3 Envelope)(cjs) [Transferred from North Carolina Western on 3/7/2024.]
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Clerk's Entry and Service of #Case Assignment Packet. The document was served conventionally by US Mail (cjs) [Transferred from North Carolina Western on 3/7/2024.]
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