Smith v. NAR Inc
Plaintiff: Carlos M. Smith
Defendant: NAR Inc doing business as North American Recovery
Case Number: 2:2026cv00098
Filed: February 5, 2026
Court: U.S. District Court for the District of Utah
Presiding Judge: Jared C Bennett
Referring Judge: Robert J Shelby
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 16, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 16, 2026 Filing 24 NOTICE Regarding Contractual Exclusion Contained in Defendant's Exhibit C filed by Plaintiff Carlos M. Smith. (mh)
June 24, 2026 Filing 23 REPLY to Response to Motion re #21 MOTION to Compel Arbitration filed by Defendant NAR Inc. (Price, Ronald)
June 14, 2026 Filing 22 Opposition to #21 MOTION to Compel Arbitration. Filed by Plaintiff Carlos M. Smith. (mh)
May 27, 2026 Filing 21 MOTION to Compel Arbitration filed by Defendant NAR Inc. (Attachments: #1 Affidavit Exhibit 1 - Declaration of David Saxton)(Price, Ronald)
May 27, 2026 Filing 20 AMENDED ANSWER to #13 Amended Complaint filed by NAR Inc. (Price, Ronald)
May 27, 2026 MOTIONS REFERRED - #21 MOTION to Compel Arbitration event was not coded to make the auto referral. Motions referred to Jared C. Bennett.(nl)
May 8, 2026 Opinion or Order Filing 19 DOCKET TEXT ORDER denying without prejudice #12 Motion to Dismiss. Plaintiff timely amended the complaint as a matter of course under Federal Rule of Civil Procedure 15. Because the pending motion to dismiss is directed at a complaint that is no longer operative, it is denied as moot. Signed by Judge Robert J. Shelby on 5/8/2026. No attached document. (mh)
May 7, 2026 Filing 18 ANSWER to #13 Amended Complaint filed by NAR Inc.(Price, Ronald)
April 28, 2026 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time to Answer re #13 Amended Complaint. Defendant to respond to Plaintiff's #13 amended complaint is extended to May 7, 2026. Signed by Magistrate Judge Jared C. Bennett on 4/28/2026. (mh)
April 27, 2026 Filing 16 Consent MOTION for Extension of Time to File Answer re #13 Amended Complaint and Memorandum in Support filed by Defendant NAR Inc. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Price, Ronald)
April 27, 2026 Filing 15 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-3 has not been obtained. Case randomly assigned to Judge Robert J. Shelby and Magistrate Judge Jared C. Bennett. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. Motions referred to Jared C. Bennett.(mh)
April 17, 2026 Filing 14 Plaintiff's Opposition re #12 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Carlos M. Smith. (sg)
April 16, 2026 Filing 13 First AMENDED COMPLAINT against NAR Inc. filed by Carlos M. Smith. Party named modified per Amended Complaint. (Attachments: #1 Exhibit) (sg) (Main Document 13 replaced on 4/24/2026) (kec). (Attachment 1 replaced on 4/24/2026) (kec).
April 13, 2026 Filing 12 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant North American Recovery. (Attachments: #1 Exhibit A - Validation Email, #2 Exhibit B - Account Information, #3 Exhibit C - State Court Affidavit of Service, #4 Exhibit D - State Court Docket)(Price, Ronald)
April 7, 2026 Opinion or Order Filing 11 ORDER granting #8 Motion for Extension of Time to Answer - Answer deadline updated for North American Recovery answer due 4/16/2026. Signed by Magistrate Judge Jared C. Bennett on 04/07/2026. (sg)
April 3, 2026 Filing 10 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Defendant North American Recovery, Plaintiff Carlos M. Smith. (mh)
April 3, 2026 Filing 9 NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendant North American Recovery, Plaintiff Carlos M. Smith. Form due by 4/24/2026. (mh)
April 1, 2026 Filing 8 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #1 Complaint and Memorandum in Support filed by Defendant North American Recovery. (Attachments: #1 Text of Proposed Order) Attorney Ronald F. Price added to party North American Recovery(pty:dft)(Price, Ronald)
March 16, 2026 Filing 7 SUMMONS Returned Executed. Filed by Carlos M. Smith. Summons as to North American Recovery. (sg)
March 10, 2026 Opinion or Order Filing 6 ORDER granting #5 Motion for Alternative Service - Mr. Smith may serve NAR by mailing the following documents to NARs registered business address through certified mail with return receipt: (a) a court-issued summons; (b) the complaint; (c) Mr. Smiths motion for leave to serve NAR by alternative means; and (d) this order. Service upon NAR shall be complete upon Mr. Smith mailing the documents referenced above. Mr. Smith must file a declaration or affidavit with the court proving his mailing and NARs receipt of the documents referenced above. Signed by Magistrate Judge Jared C. Bennett on 03/10/2026. (sg)
February 10, 2026 Filing 5 MOTION for Alternative Service filed by Plaintiff Carlos M. Smith. (Attachments: #1 Exhibit A)(sg)
February 6, 2026 Opinion or Order Filing 4 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 02/06/2026. (sg)
February 5, 2026 Filing 3 NOTICE of Email Filing and Notification Form by Carlos M. Smith. (kop)
February 5, 2026 Filing 2 Summons Issued as to North American Recovery. (kop)
February 5, 2026 Filing 1 COMPLAINT against North American Recovery (Filing fee $ 405, receipt number 13039) (Fee Status: paid) filed by Carlos M. Smith. (Attachments: #1 Civil Cover Sheet ) Assigned to Magistrate Judge Jared C. Bennett. (kop)

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Plaintiff: Carlos M. Smith
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Defendant: NAR Inc doing business as North American Recovery
Represented By: Ronald F. Price
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