Birmingham v. Mariner Finance, LLC et al
| Paul Birmingham |
| Mariner Finance of Virginia, LLC, Torres Towing, LLC and Mariner Finance, LLC |
| 3:2023cv00272 |
| April 25, 2023 |
| US District Court for the Eastern District of Virginia |
| Robert E Payne |
| Commerce ICC Rates, Etc. |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
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Filing 19
ORDER - This Cause having come before the Court on the Motion to Compel Arbitration filed herein by Defendant Mariner Finance, LLC (ECF No. #11 ), and the Motion to Stay filed by Defendant Mariner Finance (ECF No. #13 ), and the Parties filing a Stipulation (ECF No. #17 ) advising the Court that they have reached an agreement to arbitrate and stay proceedings in this matter, it is hereby ORDERED that: 1) The Motion to Compel Arbitration (ECF No. #11 ) is granted. 2) The parties are directed to proceed with arbitration with the American Arbitration Association or JAMS and to comply with the rules of the arbitration forum. 3) This action is stayed pending completion of the arbitration with the direction that the parties comply with the rules of arbitration forum, including the payment of all mandated fees. 4) The parties shall file a Joint Status Report advising the status of arbitration by July 28, 2023, and every 45 days thereafter, said report to include the progress of the arbitration and any developments that affect this action. 5) Mariner Finance's Motion to Stay and Extend Deadline (ECF No. #13 ) and the Plaintiff's Request for Entry of Default Judgment (ECF No. #14 ) are denied as moot. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 6/13/2023. (sbea)
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| Filing 18 STIPULATION re #17 Stipulation Corrected with Proposed Order by Mariner Finance, LLC. (Attachments: #1 Proposed Order)(Buzzetta, Walter) |
| Notice of Correction re: #17 Stipulation; Clerk notified filing attorney of proper filing procedures for submitting a Stipulation. Attorney will re-file the pleading along with a "Proposed Order. (sbea) |
| Filing 17 STIPULATION re #16 Stipulation by Mariner Finance, LLC. (Buzzetta, Walter) |
| Filing 16 STIPULATION and Agreed Order Granting Mariner Finance's Motion to Compel Arbitration and Staying Proceedings by Mariner Finance, LLC. (Buzzetta, Walter) |
| Filing 15 Memorandum in Opposition re #11 MOTION to Compel Arbitration filed by Paul Birmingham. (Attachments: #1 Affidavit Declaration of Robert W. Murphy, Esq.)(Murphy, Robert) |
| Filing 14 Request for Entry of Default as to Torres Towing, LLC by Paul Birmingham (Murphy, Robert). Modified on 6/7/2023. (sbea) |
| Notice of Correction re: #14 Request for Entry of Default as to Torres Towing, LLC: Attorney needs to include an Affidavit to include the appropriate language for the Entry of Default. Entry of Default will be termed. Please re-file. (sbea) |
| Filing 13 MOTION to Stay re #1 Complaint, and Extend Deadline to Respond to Complaint Pending Resolution of Motion to Compel Arbitration by Mariner Finance, LLC. (Attachments: #1 Proposed Order)(Buzzetta, Walter) |
| Filing 12 Memorandum in Support re #11 MOTION to Compel Arbitration filed by Mariner Finance, LLC. (Buzzetta, Walter) |
| Filing 11 MOTION to Compel Arbitration by Mariner Finance, LLC. (Attachments: #1 Proposed Order)(Buzzetta, Walter) |
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Filing 10
ORDER - Having considered the CONSENT MOTION OF DEFENDANT MARINER FINANCE, LLC FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT (ECF No. #9 ), and there being no objection by the plaintiff, it is hereby ORDERED that the Motion (ECF No. #9 ) is granted with modification. It is further ORDERED that the defendant, Mariner Finance, LLC, shall file its Answer and any other motions with respect to the Complaint by June 5, 2023. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 6/2/2023. (sbea)
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| Filing 9 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Mariner Finance of Virginia, LLC. (Attachments: #1 Proposed Order)(Buzzetta, Walter) |
| Filing 8 Corporate Disclosure Statement by Mariner Finance of Virginia, LLC. (Buzzetta, Walter) |
| Filing 7 NOTICE of Appearance by Walter John Buzzetta on behalf of Mariner Finance of Virginia, LLC (Buzzetta, Walter) |
| Filing 6 SUMMONS Returned Executed by Paul Birmingham Torres Towing, LLC served on 5/8/2023, answer due 5/30/2023 (Pittman, Dale) |
| Filing 5 SUMMONS Returned Executed by Paul Birmingham Mariner Finance of Virginia, LLC served on 5/1/2023, answer due 5/22/2023 (Pittman, Dale) |
| Filing 4 Summons Issued as to Mariner Finance of Virginia, LLC and Torres Towing, LLC. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon the Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (sbea) |
| Filing 3 Proposed Summons re #1 Complaint by Paul Birmingham. (Murphy, Robert) |
| Filing 2 Proposed Summons by Paul Birmingham. (Murphy, Robert) |
| Filing 1 Complaint for Damages and Incidental Relief (Filing Fee: $402, Receipt Number: AVAEDC-8907067), filed by Paul Birmingham. (Attachments: #1 Exhibit Exhibit A- Loan Agreement, #2 Civil Cover Sheet)(Murphy, Robert). Clerk replaced Complaint to include Civil Action Number on 4/25/2023. Modified on 4/25/2023. (sbea) |
| Notice of Correction re: #1 Complaint; Clerk added Civil Action Number and party text to the Complaint. No further action is required. (sbea) |
| Initial Case Assignment to District Judge Robert E. Payne. (sbea) |
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