Barton v. LeadPoint Inc et al
| Nathen Barton and Nathen W Barton |
| Global Equity Finance Inc., LoanDepot.com LLC, Nationwide Mutual Insurance Company, LeadPoint, Inc., Reliance First Capital LLC, LeadPoint Inc and Global Equity Finance Inc |
| 3:2021cv05372 |
| May 19, 2021 |
| US District Court for the Western District of Washington |
| Benjamin H Settle |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 |
| None |
Docket Report
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This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
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Filing 51
RESPONSE by Defendants LeadPoint Inc, Reliance First Capital LLC re #50 OBJECTIONS by Plaintiff Nathen W Barton to #47 Report and Recommendations,,,. (Attachments: #1 Declaration of Esteban Morales)(Morales, Esteban)
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Filing 50
OBJECTIONS by Plaintiff Nathen W Barton to #47 Report and Recommendations,,,. Noting Date 11/19/2021, (Barton, Nathen)
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Filing 49
NOTICE of Voluntary Dismissal as to party(s) Global Equity Finance Inc, filed by Plaintiff Nathen W Barton. (Barton, Nathen)
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Filing 48
NOTICE of Voluntary Dismissal as to party(s) LoanDepot.com LLC, filed by Plaintiff Nathen W Barton. (Barton, Nathen)
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Filing 47
REPORT AND RECOMMENDATION by Judge Theresa L Fricke, re #16 MOTION to Dismiss filed by LoanDepot.com LLC, #31 MOTION to Amend filed by Nathen W Barton, #33 MOTION to Dismiss and to Strike the First Amended Complaint filed by Reliance First Capital LLC, LeadPoint Inc, #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by LoanDepot.com LLC, #13 Joint MOTION to Dismiss and to Strike filed by Reliance First Capital LLC, LeadPoint Inc, #26 MOTION to Dismiss Party filed by Nathen W Barton.The parties have fourteen (14) days from service of this Report and Recommendation to file written objections and this matter is set for consideration on 11/17/2021. (Attachments: #1 Proposed Order, #2 Proposed Judgment)(AMD)
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NOTICE OF DOCKET TEXT MODIFICATION re 10/13/2021 extension of deadlines. Per request of the parties, the upcoming deadlines for a Rule 26(f) Conference, Initial Disclosures, and Joint Status Report are reset until a decision is issued on the pending motions to dismiss or for one year from the request, whichever expires sooner. The schedule is as follows: Fed. R. Civ. P. 26(f) Conference: 2 weeks after the Court's decision on Defendants' motions to dismiss or on Tuesday September 27, 2022, whichever occurs first.Initial Disclosures: 4 weeks after the Court's decision on Defendants' motions to dismiss or on Tuesday October 11, 2022, whichever occurs first.Joint Status Report: 5 weeks after the Court's decision on Defendants' motions to dismiss or on Tuesday October 18, 2022, whichever occurs first. (GMR)
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Joint Status Report Deadline NOTED on motion calendar; Noting Date 10/18/2022. (GMR)
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Per request of the parties, the upcoming deadlines for a Rule 26(f) Conference, Initial Disclosures, and Joint Status Report are reset until a decision is issued on the pending motions to dismiss or for one year from the request, whichever expires sooner. The schedule is as follows: Fed. R. Civ. P. 26(f) Conference: 2 weeks after the Court's decision on Defendants' motions to dismiss or on Tuesday September 27, 2022, whichever occurs first. Initial Disclosures: 4 weeks after the Court's decision on Defendants' motions to dismiss or on Tuesday October 11, 2022, whichever occurs first. Joint Status Report: 5 weeks after the Court's decision on Defendants' motions to dismiss or on Tuesday October 18, 2022, whichever occurs first. (GMR) Modified on 10/14/2021 (GMR).
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At the request of the parties, the following deadlines are reset: FRCP 26(f) Conference Deadline is 9/30/2021, Initial Disclosure Deadline is 10/14/2021, Joint Status Report due by 10/22/2021. (TW)
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Filing 46
NOTICE of Unavailability of counsel David Ryan Ebel for Defendant Global Equity Finance Inc from 8/8/2021-8/20/2021. (Ebel, David)
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Filing 45
REPLY, filed by Defendants LeadPoint Inc, Reliance First Capital LLC, TO RESPONSE to #33 MOTION to Dismiss and to Strike the First Amended Complaint (Attachments: #1 Declaration of Esteban Morales, #2 Exhibit A to Declaration of Esteban Morales)(Morales, Esteban)
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Filing 44
REPLY, filed by Defendant LoanDepot.com LLC, TO RESPONSE to #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit A)(Troutman, Eric)
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Filing 43
NOTICE: Plaintiff Nathen W Barton has registered to electronically file and receive electronic service in this case. (KB) (Main Document 43 replaced on 7/13/2021 - form was initially printed to PDF in landscape mode) (KB)
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Filing 42
ORDER RE-NOTING #33 MOTION; signed by Magistrate Judge Theresa L Fricke. The #39 stipulated motion to re-note is GRANTED and the Court Orders: The #33 Motion to Dismiss is re-noted for consideration 7/30/2021. LeadPoint, Inc. and Reliance First Capital, LLC shall have until 7/30/2021 to file and serve a Reply Brief in support of their motion.(SP- cc: plaintiff)
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Filing 41
PRAECIPE to Attach (Corrected Signature Page) re #37 Response to Defendants #33 Motion to Dismiss and to Strike the First Amended Complaint, filed by Plaintiff Nathen Barton. (Attachments: #1 Cover Letter, #2 Envelope)(SP)
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Filing 40
PRAECIPE to Attach (Corrected Signature Page) re #36 Response to Defendant's #34 Motion to Dismiss for Failure to State a Claim, filed by Plaintiff Nathen Barton. (Attachments: #1 Cover Letter, #2 Envelope)(SP)
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Filing 39
MOTION for Extension of Time re #33 MOTION to Dismiss and to Strike the First Amended Complaint #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants LeadPoint Inc, Reliance First Capital LLC. Noting Date 6/29/2021, (Novian, Matthew) Modified on 6/29/2021 to update document relationship at request of filer (KB).
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NOTICE of Docket Text Modification re #39 MOTION for Extension of Time: Modified on 6/29/2021 to update document relationship at request of filer: docket entry is now linked to #33 MOTION to Dismiss and to Strike the First Amended Complaint (instead of #34 ). (KB)
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Filing 38
Notice of Filing Deficiency re #37 Response to Motion and #36 Response to Motion. ***Action Required*** Improper Signature.See attached letter for more information and instructions. (SP)
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Filing 37
RESPONSE to Defendants #33 MOTION to Dismiss and to Strike the First Amended Complaint, filed by Plaintiff Nathen Barton. (unsigned) (Attachments: #1 Cover Letter)(SP)
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Filing 36
RESPONSE to Defendant's #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Plaintiff Nathen Barton. (unsigned) (Attachments: #1 Cover Letter)(SP)
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Filing 35
NOTICE of Joinder JOINING #33 MOTION to Dismiss and to Strike the First Amended Complaint, by Defendant Global Equity Finance Inc. (Ebel, David)
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Deadlines Reset - At the request of the parties, the following deadlines are extended: FRCP 26(f) Conference Deadline is 8/16/2021, Initial Disclosure Deadline is 8/30/2021, Joint Status Report due by 9/7/2021. (TW) Copy mailed to Plaintiff via USPS on 6/22/2021 (TW).
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Filing 34
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant LoanDepot.com LLC. (Attachments: #1 Proposed Order) Noting Date 7/16/2021, (Troutman, Eric)
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Filing 33
MOTION to Dismiss and to Strike the First Amended Complaint, filed by Defendants LeadPoint Inc, Reliance First Capital LLC. (Attachments: #1 Declaration of Esteban Morales, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Proposed Order) Noting Date 7/16/2021, (Morales, Esteban)
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Filing 32
PRAECIPE to attach (Signature Page) to #26 MOTION to Dismiss Defendant Nationwide Mutual Insurance Company, filed by Plaintiff Nathen Barton. (SP)
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Filing 30
Notice of Filing Deficiency re #29 Notice to Withdraw Pending Motion. ***Action Required*** Improper Signature.See attached letter for more information and instructions. (SP)
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Filing 31
MOTION for Leave to Amend Complaint, filed by Plaintiff Nathen Barton. (Attachments: #1 Proposed Amended Complaint) Noted by clerk for: 6/25/2021. (SP)
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Filing 29
NOTICE of Withdrawal of Pending #15 Motion to Remand, filed by Plaintiff Nathen Barton. (SP)
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Filing 28
NOTICE re #15 MOTION to Remand ; filed by Defendant LeadPoint Inc. (Attachments: #1 Exhibit A)(Morales, Esteban)
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Filing 27
Notice of Filing Deficiency re #26 MOTION to Dismiss Defendant Nationwide Mutual Insurance Company. ***Action Required*** Improper Signature.See attached letter for more information and instructions. (SP)
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Filing 26
MOTION to Dismiss Defendant Nationwide Mutual Insurance Company, filed by Plaintiff Nathen Barton. (Attachments: #1 Proposed Order, #2 Cover Letter) Noted by clerk for: 6/25/2021. (SP)
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Filing 25
RESPONSE, filed by Plaintiff Nathen Barton, to Defendant's #16 MOTION to Dismiss. (SP)
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Filing 24
RESPONSE, filed by Plaintiff Nathen Barton, to Defendants #13 Joint MOTION to Dismiss and to Strike. (Plaintiff asks the Court to adopt the attached Exhibit A as the first Amended Complaint if case not remanded) (Attachments: #1 Exhibit A Amended Complaint)(SP)
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Noting Date Reset re #13 Joint MOTION to Dismiss and to Strike : Correct noting date is 6/18/2021. (TW)
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Filing 23
APPLICATION OF ATTORNEY Michael N. Beekhuizen FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Nationwide Mutual Insurance Company (Fee Paid) Receipt No. AWAWDC-7104004 (Sulkin, Robert) Modified on 6/8/2021 per PHV counsel will not proceed with application at this time (CDA).
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Filing 22
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate LD Holdings Group LLC, Other Affiliate loanDepot, Inc. for LoanDepot.com LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by LoanDepot.com LLC (Troutman, Eric)
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Filing 21
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Tiptree, Inc. for Reliance First Capital LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Reliance First Capital LLC (Novian, Matthew)
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Filing 20
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Theresa L Fricke. (TW)(Mailed to Plaintiff via USPS on 5/27/2021) (TW).
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Filing 19
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 7/8/2021, FRCP 26(f) Conference Deadline is 6/17/2021, Initial Disclosure Deadline is 7/1/2021, by Judge Theresa L Fricke. (TW) (Mailed to Plaintiff via USPS on 5/27/2021) (TW).
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Attorney David Ryan Ebel added for Global Equity Finance Inc per #17 Notice of Appearance. (GMR)
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Joint Status Report Deadline NOTED on motion calendar; Noting Date 7/8/2021, (TW)
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Filing 18
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Global Equity Finance Inc (Russillo, Craig)
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Filing 17
NOTICE of Appearance by attorney Craig G Russillo on behalf of Defendant Global Equity Finance Inc. (Russillo, Craig)
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Filing 16
MOTION to Dismiss , filed by Defendant LoanDepot.com LLC. (Attachments: #1 Proposed Order) Noting Date 6/18/2021, (Troutman, Eric)
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Filing 14
DECLARATION of Esteban Morales filed by Defendants LeadPoint Inc, Reliance First Capital LLC re #13 Joint MOTION to Dismiss and to Strike (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Morales, Esteban)
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Filing 13
Joint MOTION to Dismiss and to Strike, filed by Defendants LeadPoint Inc, Reliance First Capital LLC. (Attachments: #1 Proposed Order) Noting Date corrected to 6/18/2021, (Morales, Esteban) Modified on 6/1/2021 (TW).
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Filing 12
MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Benjamin H. Settle and referred to Magistrate Judge Theresa L Fricke for all further proceedings. By Traci Whiteley, Deputy Clerk, for Clerk William M McCool. (Copy sent to Plaintiff via USPS) Modified on 5/26/2021 (TW).
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Filing 11
NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 6/1/2021. Please Note: Forms must not be electronically filed with the Court. (Copy sent to Plaintiff via USPS) (TW)
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Filing 10
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Nationwide Mutual Insurance Company (Sulkin, Robert)
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Filing 9
NOTICE of Appearance by attorney Robert M Sulkin on behalf of Defendant Nationwide Mutual Insurance Company. (Sulkin, Robert)
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Filing 8
ORDER re #5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Esteban Morales for defendants LeadPoint Inc and Reliance First Capital LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)
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Filing 7
ORDER re #6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Matthew Joseph Novian for defendants LeadPoint Inc and Reliance First Capital LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)
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Filing 6
APPLICATION OF ATTORNEY Matthew J. Novian FOR LEAVE TO APPEAR PRO HAC VICE for Defendants LeadPoint Inc, Reliance First Capital LLC (Fee Paid) Receipt No. AWAWDC-7097394 (Riojas, Rogelio)
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Filing 5
APPLICATION OF ATTORNEY Esteban F. Morales FOR LEAVE TO APPEAR PRO HAC VICE for Defendants LeadPoint Inc, Reliance First Capital LLC (Fee Paid) Receipt No. AWAWDC-7097386 (Riojas, Rogelio)
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Filing 15
MOTION to Remand, filed by Plaintiff Nathen Barton. (Attachments: #1 Proposed Order, #2 Transmittal Letter) Noted by clerk for: 6/18/2021. (SP)
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Filing 4
Notice of Filing Deficiency. ***Action Required*** Attorney Admission, Notice of Removal - Jury Demand Improperly Submitted.See attached letter for more information and instructions. (SP-cc: plaintiff)
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Filing 3
LETTER from Clerk re receipt of case from Clark County Superior Court and advising of WAWD case number and judge assignment. (SP-cc: plaintiff)
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Judge Theresa L Fricke added. (SP)
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NOTICE Pursuant to Fed.R.Civ.P 7.1, Defendant(s) Reliance First Capital LLC, LoanDepot.com LLC, Global Equity Finance Inc, and Nationwide Mutual Insurance Company must file a Corporate Disclosure Statement by 5/28/2021. (SP-cc: plaintiff)
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Filing 2
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by LeadPoint, Inc. (Riojas, Rogelio)
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Filing 1
NOTICE OF REMOVAL from Clark County Superior Court, case number 21-2-00746-06; (Receipt # AWAWDC-7091602) Attorney Rogelio Omar Riojas added to party LeadPoint, Inc.(pty:dft), filed by LeadPoint, Inc.. (Attachments: #1 State Court Complaint Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(Riojas, Rogelio) Modified on 5/21/2021 to identify State Court Complaint as Attachment #1 (SP).
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