Phelps v. Ally Financial, Inc.
Plaintiff: Michael Phelps
Defendant: Ally Financial, Inc.
Case Number: 3:2021cv00417
Filed: July 23, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2021 Opinion or Order Filing 15 ORDER granting #14 CONSENT MOTION by Ally Financial, Inc. for Extension of Time to File Answer to #13 Amended Complaint; answer due 10/1/2021. Signed by Judge Robert C. Chambers on 9/16/2021. (cc: attys; any unrepresented party) (mkw) (Modified on 9/17/2021 to correct the judge's signature) (mkw).
September 15, 2021 Filing 14 CONSENT MOTION by Ally Financial, Inc. for Extension of Time to File Answer to #13 Amended Complaint to 10/1/2021. (Attachment: #1 Proposed Order)(Manning, Jason)
September 3, 2021 Filing 13 FIRST AMENDED COMPLAINT by Michael Phelps against Ally Financial, Inc. (kew)
September 3, 2021 Opinion or Order Filing 12 SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 10/27/2021. Discovery requests to be completed by 2/28/2022 and all depositions by 4/14/2022. Expert Witness List by parties bearing the burden of proof due by 2/13/2022, by party not bearing burden of proof due by 3/15/2022, and to solely contradict or rebut evidence due by 3/31/2022. Class certification motions and Dispositive Motions except those filed under Rule 12(b) due by 4/6/2022; any response shall be filed by 4/22/2022, with replies due by 4/29/2022. Settlement Meeting and Rule 26(a)(3) disclosures by 5/14/2022. Plaintiff's portion of proposed Pretrial Order to defendants due by 8/22/2022. Proposed Integrated Pretrial Order due by 8/29/2022. Pretrial Conference set for 9/6/2022 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 9/13/2022. Final Settlement Conference at 9:30 AM on 9/19/2022 in Huntington. Trial set for 9/20/2022 at 8:30 AM in Huntington before Judge Robert C. Chambers; further CANCELING the scheduling conference set for 9/27/2021. Signed by Judge Robert C. Chambers on 9/3/2021. (cc: counsel of record; any unrepresented parties) (jsa)
September 2, 2021 Filing 11 RULE 26(f) REPORT OF PLANNING MEETING by Michael Phelps, Ally Financial, Inc. (Attachment: #1 Exhibit Worksheet Report Parties Planning Meeting)(Kipnis, Patricia) (Modified on 9/2/2021 to add party filer) (mkw).
August 24, 2021 Opinion or Order Filing 10 ORDER granting Defendant's #8 CONSENT MOTION for an Extension of Time to File Motions; Motions under Fed. R. Civ. P. 12(b), together with supporting briefs, memoranda, affidavits or other such matter in support thereof shall be filed on or before 9/7/2021. Signed by Judge Robert C. Chambers on 8/24/2021. (cc: counsel of record; any unrepresented parties) (hkl)
August 24, 2021 Opinion or Order Filing 9 PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 8/24/2021. (cc: counsel of record; any unrepresented party) (jsa)
August 23, 2021 Filing 8 CONSENT MOTION by Ally Financial, Inc. for Extension of Time to File Motions to September 7, 2021. (Attachment: #1 Proposed Order)(Manning, Jason)
August 19, 2021 Filing 7 PROPOSED ORDER Protective Order by Ally Financial, Inc., Michael Phelps (Manning, Jason) (Modified on 8/20/2021 to add party filer) (mk).
August 4, 2021 Opinion or Order Filing 6 ORDER AND NOTICE: Rule 12(b) Motions - 8/24/2021. Rule 26(f) Meeting - 9/7/2021. Last day to file report of Rule 26(f) Meeting - 9/13/2021. Scheduling/status conference at 11:30 AM on 9/27/2021 in Huntington. Entry of Scheduling Order - 10/4/2021. Last Day to make Rule 26(a)(1) disclosures - 10/12/2021. Signed by Judge Robert C. Chambers on 8/4/2021. (cc: counsel of record; any unrepresented parties) (jsa)
July 30, 2021 Filing 5 ANSWER WITH AFFIRMATIVE AND OTHER DEFENSES TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Ally Financial, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Manning, Jason)
July 28, 2021 Filing 4 STATEMENT OF VISITING ATTORNEY from James L. Kauffman on behalf of Michael Phelps. Local counsel: Jonathan R. Marshall. Fee $50.00. Receipt # AWVSDC-7998071. (Marshall, Jonathan)
July 23, 2021 CASE assigned to Judge Robert C. Chambers. (klc)
July 23, 2021 Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)
July 23, 2021 Filing 2 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Ally Financial, Inc. (jsa)
July 23, 2021 Filing 1 NOTICE OF REMOVAL by Ally Financial, Inc. with summons, complaint and docket sheet from Circuit Court of Wayne County. Filing Fee $402.00. Receipt #AWVSDC-7994952. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (jsa)

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Plaintiff: Michael Phelps
Represented By: Kristina Thomas Whiteaker
Represented By: Patricia M. Kipnis
Represented By: James L. Kauffman
Represented By: Jonathan R. Marshall
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Defendant: Ally Financial, Inc.
Represented By: Jason E. Manning
Represented By: John C. Lynch
Represented By: Megan Elizabeth Burns
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