Newman v. Direct Energy, LP
Plaintiff: Holly Newman
Defendant: Direct Energy, LP
Case Number: 4:2023cv01388
Filed: April 13, 2023
Court: US District Court for the Southern District of Texas
Office: Houston Office
Presiding Judge: Alfred H Bennett
Nature of Suit: Telephone Consumer Protection Act (TCPA)
Cause of Action: 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2023 Opinion or Order Filing 52 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/18/2023 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett( Judge Alfred H Bennett) Parties notified.(BrendaLacy, 4)
April 13, 2023 Opinion or Order Filing 51 Case transferred in from Maryland. Case Number 8:21-cv-02446; certified copy of transfer order, certified docket sheet, and transfer letter received
April 12, 2023 Opinion or Order Filing 50 ORDER GRANTING #42 Motion to Transfer Case to the United States District Court for the Southern District of Texas. Signed by Judge Stephanie A. Gallagher on 4/12/2023. (hmls, Deputy Clerk)
April 12, 2023 Opinion or Order Filing 49 MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 4/12/2023. (hmls, Deputy Clerk)
February 17, 2023 Opinion or Order Filing 48 PAPERLESS ORDER granting #43 Unopposed Motion for Extension of Time. Signed by Judge Stephanie A. Gallagher on 2/17/2023. (Gallagher, Stephanie)
February 17, 2023 Opinion or Order Case Reassigned to Judge Stephanie A. Gallagher. Judge George Jarrod Hazel no longer assigned to the case. (jf3s, Deputy Clerk)
November 16, 2022 Opinion or Order Filing 47 REPLY to Response to Motion re #42 MOTION to Transfer Case filed by Direct Energy, LP. (Attachments: #1 Exhibit A)(Matthews, Michael)
November 16, 2022 Opinion or Order Filing 46 NOTICE of Change of Address by Michael D Matthews, Jr (Matthews, Michael)
November 2, 2022 Opinion or Order Filing 45 RESPONSE in Opposition re #42 MOTION to Transfer Case by Holly Newman. (Attachments: #1 Declaration of Gary M. Klinger in Support of Plaintiff's Opposition)(Hutchinson, Daniel)
November 2, 2022 Opinion or Order Filing 44 NOTICE of Appearance by Thomas A. Pacheco on behalf of Holly Newman (Pacheco, Thomas)
October 25, 2022 Opinion or Order Filing 43 MOTION for Extension of Time (UNOPPOSED) by Holly Newman (Attachments: #1 Attachment PLAINTIFFS MEMORANDUM IN SUPPORT OF UNOPPOSED MOTION TO EXTEND DEADLINES, #2 Attachment [PROPOSED] ORDER GRANTING UNOPPOSED MOTION TO EXTEND DEADLINES)(Hutchinson, Daniel)
October 19, 2022 Opinion or Order Filing 42 MOTION to Transfer Case by Direct Energy, LP (Attachments: #1 Memorandum in Support, #2 Ex. A, #3 Ex. A-1, #4 Ex. A-2, #5 Ex. A-3, #6 Ex. A-4, #7 Ex. A-5, #8 Text of Proposed Order)(Matthews, Michael)
October 14, 2022 Opinion or Order Filing 41 PAPERLESS Correspondence re: Scheduling a Rule 16 Conference call for Thursday October 20th at 11:00AM. Please dial in on (877) 810-9415 access code 5860700 (jw2s, Chambers)
October 7, 2022 Opinion or Order Filing 40 Correspondence re: Scheduling Conference (Hutchinson, Daniel)
October 6, 2022 Opinion or Order Filing 39 ANSWER to #1 Complaint by Direct Energy, LP.(Matthews, Michael)
October 6, 2022 Opinion or Order Filing 38 Local Rule 103.3 Disclosure Statement by Direct Energy, LP identifying Corporate Parent NRG Energy, Inc., Corporate Parent Direct Energy Marketing, Inc., Corporate Parent Direct Energy US Holdings, Inc. for Direct Energy, LP.(Matthews, Michael)
September 22, 2022 Opinion or Order Filing 37 ORDER denying #10 Motion to Dismiss or Strike Class Allegations; granting #33 and #34 Motion to Withdraw as Attorney. Attorney Evan J Ballan and Gary E Mason terminated. Signed by Judge George Jarrod Hazel on 9/22/2022. (heps, Deputy Clerk)
September 22, 2022 Opinion or Order Filing 36 MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 9/22/2022. (heps, Deputy Clerk)
April 18, 2022 Opinion or Order Filing 35 NOTICE of Change of Address by Gary Klinger (Klinger, Gary)
April 12, 2022 Opinion or Order Filing 34 MOTION to Withdraw as Attorney by Holly Newman (Attachments: #1 Text of Proposed Order)(Mason, Gary)
March 28, 2022 Opinion or Order Filing 33 MOTION to Withdraw as Attorney Evan J. Ballan by Holly Newman (Attachments: #1 Attachment Proposed Order)(Hutchinson, Daniel)
February 11, 2022 Opinion or Order Filing 32 RESPONSE re #31 Notice (Other), Response to Plaintiff's Notice of Supplemental Authority filed by Direct Energy, LP.(Wizig, Diane)
February 7, 2022 Opinion or Order Filing 31 NOTICE by Holly Newman re #29 Response in Opposition to Motion Notice of Supplemental Authority in Support of Opposition to Motion to Dismiss or Strike Class Allegations (Attachments: #1 Exhibit A - Order, Head v. Citibank, N.A.)(Mason, Gary)
February 4, 2022 Opinion or Order Filing 30 REPLY to Response to Motion re #10 MOTION to Dismiss or Strike Class Allegations filed by Direct Energy, LP.(Wizig, Diane)
January 14, 2022 Opinion or Order Filing 29 RESPONSE in Opposition re #10 MOTION to Dismiss or Strike Class Allegations filed by Holly Newman. (Attachments: #1 Exhibit 1 - Declaration of Daniel M. Hutchinson)(Mason, Gary)
December 21, 2021 Opinion or Order Filing 28 PAPERLESS ORDER granting #23 Corrected Motion to Appear Pro Hac Vice on behalf of David L Villarreal. Directing attorney David L Villarreal to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 12/21/2021. (dm4, Deputy Clerk)
December 21, 2021 Opinion or Order Filing 27 PAPERLESS ORDER granting #22 Corrected Motion to Appear Pro Hac Vice on behalf of James M Chambers. Directing attorney James M Chambers to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 12/21/2021. (dm4, Deputy Clerk)
December 21, 2021 Opinion or Order Filing 26 PAPERLESS ORDER granting #21 Corrected Motion to Appear Pro Hac Vice on behalf of William B Thomas. Directing attorney William B Thomas to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 12/21/2021. (dm4, Deputy Clerk)
December 21, 2021 Opinion or Order Filing 25 PAPERLESS ORDER granting #20 Corrected Motion to Appear Pro Hac Vice on behalf of Diane S Wizig. Directing attorney Diane S Wizig to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 12/21/2021. (dm4, Deputy Clerk)
December 21, 2021 Opinion or Order Filing 24 PAPERLESS ORDER granting #19 Corrected Motion to Appear Pro Hac Vice on behalf of Michael D Matthews, Jr. Directing attorney Michael D Matthews, Jr to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 12/21/2021. (dm4, Deputy Clerk)
December 20, 2021 Opinion or Order Filing 23 CORRECTED MOTION to Appear Pro Hac Vice for David L. Villarreal by Direct Energy, LP. The fee has already been paid.(Smith, Joseph)
December 20, 2021 Opinion or Order Filing 22 CORRECTED MOTION to Appear Pro Hac Vice for James M. Chambers by Direct Energy, LP. The fee has already been paid.(Smith, Joseph)
December 20, 2021 Opinion or Order Filing 21 CORRECTED MOTION to Appear Pro Hac Vice for William B. Thomas by Direct Energy, LP. The fee has already been paid.(Smith, Joseph)
December 20, 2021 Opinion or Order Filing 20 CORRECTED MOTION to Appear Pro Hac Vice for Diane S. Wizig by Direct Energy, LP. The fee has already been paid.(Smith, Joseph)
December 20, 2021 Opinion or Order Filing 19 CORRECTED MOTION to Appear Pro Hac Vice for Michael D. Matthews, Jr. by Direct Energy, LP. The fee has already been paid.(Smith, Joseph)
December 20, 2021 Opinion or Order Filing 18 QC NOTICE: #16 Motion to Appear Pro Hac Vice filed by Direct Energy, LP, #15 Motion to Appear Pro Hac Vice filed by Direct Energy, LP, #14 Motion to Appear Pro Hac Vice filed by Direct Energy, LP, #13 Motion to Appear Pro Hac Vice filed by Direct Energy, LP, #17 Motion to Appear Pro Hac Vice filed by Direct Energy, LP needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (dm4, Deputy Clerk)
December 17, 2021 Opinion or Order Filing 17 MOTION to Appear Pro Hac Vice for Michael D. Matthews, Jr. (Filing fee $100, receipt number 0416-9663313.) by Direct Energy, LP(Smith, Joseph)
December 17, 2021 Opinion or Order Filing 16 MOTION to Appear Pro Hac Vice for Diane S. Wizig (Filing fee $100, receipt number 0416-9663306.) by Direct Energy, LP(Smith, Joseph)
December 17, 2021 Opinion or Order Filing 15 MOTION to Appear Pro Hac Vice for William B. Thomas (Filing fee $100, receipt number 0416-9663296.) by Direct Energy, LP(Smith, Joseph)
December 17, 2021 Opinion or Order Filing 14 MOTION to Appear Pro Hac Vice for James M. Chambers (Filing fee $100, receipt number 0416-9663283.) by Direct Energy, LP(Smith, Joseph)
December 17, 2021 Opinion or Order Filing 13 MOTION to Appear Pro Hac Vice for David L. Villarreal (Filing fee $100, receipt number 0416-9663263.) by Direct Energy, LP(Smith, Joseph)
December 15, 2021 Opinion or Order Filing 12 PAPERLESS ORDER granting #11 Motion for Extension of Time. Signed by Judge George Jarrod Hazel on 12/15/2021. (jw2s, Chambers)
December 9, 2021 Opinion or Order Filing 11 MOTION for Extension of Time (UNOPPOSED) by Holly Newman (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Ballan, Evan)
December 3, 2021 Opinion or Order Filing 10 MOTION to Dismiss by Direct Energy, LP (Attachments: #1 Memorandum in Support, #2 Exhibit #1, #3 Exhibit #2, #4 Exhibit #3, #5 Text of Proposed Order)(Smith, Joseph)
October 4, 2021 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed by Holly Newman. Direct Energy, LP waiver sent on 10/4/2021, answer due 12/3/2021.(Mason, Gary)
September 29, 2021 Opinion or Order Filing 8 PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice on behalf of Evan J Ballan. Directing attorney Evan J Ballan to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/29/2021. (dm4, Deputy Clerk)
September 29, 2021 Opinion or Order Filing 7 PAPERLESS ORDER granting #4 Motion to Appear Pro Hac Vice on behalf of Daniel M Hutchinson. Directing attorney Daniel M Hutchinson to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 9/29/2021. (dm4, Deputy Clerk)
September 29, 2021 Opinion or Order Filing 6 PAPERLESS ORDER granting #3 Motion to Appear Pro Hac Vice on behalf of Gary Klinger. Directing attorney Gary Klinger to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 9/29/2021. (dm4, Deputy Clerk)
September 29, 2021 Opinion or Order Filing 5 MOTION to Appear Pro Hac Vice for Evan J. Ballan (Filing fee $100, receipt number 0416-9521221.) by Holly Newman(Mason, Gary)
September 29, 2021 Opinion or Order Filing 4 MOTION to Appear Pro Hac Vice for Daniel M. Hutchinson (Filing fee $100, receipt number 0416-9521210.) by Holly Newman(Mason, Gary)
September 29, 2021 Opinion or Order Filing 3 MOTION to Appear Pro Hac Vice for Gary M. Klinger (Filing fee $100, receipt number 0416-9521170.) by Holly Newman(Mason, Gary)
September 29, 2021 Opinion or Order Filing 2 Summons Issued 21 days as to Direct Energy, LP.(heps, Deputy Clerk)
September 27, 2021 Opinion or Order Case Assigned to Judge George Jarrod Hazel. (kns, Deputy Clerk)
September 24, 2021 Opinion or Order Filing 1 COMPLAINT Class Action against Direct Energy, LP ( Filing fee $ 402 receipt number 0416-9512808.), filed by Holly Newman. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Mason, Gary)

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Plaintiff: Holly Newman
Represented By: Daniel M Hutchinson
Represented By: Evan J Ballan
Represented By: Gary Klinger
Represented By: Gary E Mason
Represented By: Thomas A. Pacheco
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Defendant: Direct Energy, LP
Represented By: David L Villarreal
Represented By: Diane S Wizig
Represented By: James M Chambers, IV
Represented By: Joseph Andrew Smith
Represented By: Michael D Matthews, Jr
Represented By: William B Thomas
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