Zook, Janelle v. Credit Acceptance Corporation
| Janelle L. Zook |
| Credit Acceptance Corporation |
| 3:2022cv00262 |
| May 11, 2022 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 26 Minute Entry for proceedings held before Court Attorney Andrew Wiseman: Settlement Conference held on 10/26/2022 during which the parties reached a settlement agreement. [6:45] (arw) |
| Set Deadlines and Hearings: Settlement Conference set for 10/26/2022 at 9:00 AM before Court Attorney Andrew Wiseman. (arw) |
Filing 25
** TEXT ONLY ORDER **On June 23, 2022, defendant filed a motion to compel arbitration (dkt. #10 ), which came under advisal to the court on June 30, 2022 when plaintiff filed her opposition (dkts. #13 - #15 ). On July 21, 2022, defendant asked the court to abstain from ruling on this motion while the parties explored settlement (dkt. #16 ). The court granted that request (dkt. 17 ). On July 27, 2022, the parties submitted a proposed schedule as part of their Rule 26(f) report, which did not request a discovery stay for any reason. (dkt. #18 ), and at the August 3, 2022 telephonic preliminary pretrial conference the court gave the parties the dates that they had requested. Compare dkt. #18 to dkt. #19 . Settlement has eluded the parties, and on September 12, defendant moved to stay discovery pending a ruling on its motion to compel (dkts. #20 & #21 ), which plaintiff opposes, dkt. #24 . There will be no discovery stay. Although the court understands why defendant asked the court to tread water on the motion to compel arbitration, if the court had kept that motion to its UA list, then the automatic 12-week stay on discovery (running from June 30) would have ended three days hence, on September 22, 2022. Even so, we could have built a cushion into the schedule as a fallback, but the parties did not ask for any sort of a discovery stay in their 26(f) report to the court, and the dates set by the court in reliance on this will not bear a stay of the length requested by defendant at this juncture. Therefore, defendant's motion is denied. Signed by Magistrate Judge Stephen L. Crocker on 9/19/2022. (voc)
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| Filing 24 Brief in Opposition by Plaintiff Janelle L. Zook re: #20 Motion to Stay filed by Credit Acceptance Corporation (Lyons, Thomas) |
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Filing 23
** TEXT ONLY ORDER ** In support of its motion to stay discovery (dkt. #20 ), defendant in its brief acknowledges that this court previously granted defendant's motion to stay consideration of defendant's motion to compel arbitration, but defendant fails to acknowledge that this stay remains in place because no one has asked the court to lift it. The court will deem defendant's latest motion to include such a request, to which plaintiff may respond by September 19, 2022. Defendant's deadline to respond to plaintiff's pending discovery requests is stayed until the court rules on defendant's instant motion for a longer stay. Signed by Magistrate Judge Stephen L. Crocker on 9/12/2022. (voc)
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| Filing 22 Declaration of Natalia S. Kruse filed by Defendant Credit Acceptance Corporation re: #20 Motion to Stay (Kruse, Natalia) |
| Filing 21 Brief in Support of #20 Motion to Stay Discovery Pending Ruling on Motion to Compel Arbitration by Defendant Credit Acceptance Corporation (Kruse, Natalia) |
| Filing 20 Motion to Stay Discovery Pending Ruling on Motion to Compel Arbitration by Defendant Credit Acceptance Corporation. Response due 9/19/2022. (Kruse, Natalia) |
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Filing 19
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Amendments to Pleadings due 9/30/2022. Dispositive Motions due 5/1/2023. Settlement Letters due 8/25/2023. Motions in Limine due 9/1/2023. Response to Motion due 9/15/2023. Final Pretrial Conference set for 9/26/2023 at 02:30 PM. Second Final Pretrial Conference set for 10/3/2023 at 02:30 PM. Jury Selection and Trial set for 10/10/2023 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 8/4/2022. (voc)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 8/3/2022 [:10] (cak) |
| Filing 18 Joint Report of Rule 26(f) Planning Meeting (Kruse, Natalia) |
| Judge update in case. Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak) |
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Filing 17
** TEXT ONLY ORDER **ORDER granting #16 Letter Requesting that the Court Abstain from Ruling on #10 Motion to Compel Arbitration Signed by Magistrate Judge Stephen L. Crocker on 7/21/2022. (voc)
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| Filing 16 Letter Requesting that the Court Abstain from Ruling on #10 Motion to Compel Arbitration by Defendant Credit Acceptance Corporation. (Kruse, Natalia) Modified on 7/21/2022. (lak) |
| Action Requested: If you have not already provided your #Consent to Magistrate/Request for Reassignment form, please do so by 7/22/2022. (lak) |
| Filing 15 Declaration of Thomas J Lyons Jr filed by Plaintiff Janelle L. Zook re: #10 Motion to Compel (Attachments: #1 Exhibit 1 - Declaration of Willie Hankerson, #2 Exhibit 2 - NCLC Treatise) (Lyons, Thomas) Modified on 7/1/2022: Exhibit 1 not filed separately. (lak) |
| Filing 14 Declaration of Plaintiff Janelle Zook filed by Plaintiff Janelle L. Zook re: #10 Motion to Compel (Attachments: #1 Exhibit 1 - Police Report, #2 Exhibit 2 - Employment Record) (Lyons, Thomas) |
| Filing 13 Brief in Opposition by Plaintiff Janelle L. Zook re: #10 Motion to Compel filed by Credit Acceptance Corporation (Lyons, Thomas) |
| Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference reset to accommodate plaintiff's counsel for 8/3/2022 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (jls) |
| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 7/19/2022 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (voc) |
| Filing 12 Declaration of Sandra Ostler filed by Defendant Credit Acceptance Corporation re: #10 Motion to Compel (Attachments: #1 Exhibit A-Retail Installment Contract) (Kruse, Natalia) |
| Filing 11 Brief in Support of #10 Motion to Compel Arbitration by Defendant Credit Acceptance Corporation (Kruse, Natalia) |
| Filing 10 Motion to Compel Arbitration by Defendant Credit Acceptance Corporation. Response due 6/30/2022. (Kruse, Natalia) |
| Filing 9 ANSWER by Defendant Credit Acceptance Corporation. (Kruse, Natalia) |
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Filing 8
** TEXT ONLY ORDER **ORDER accepting #4 Stipulation for Extension of Time to File Responsive Pleading to June 23, 2022. Signed by Magistrate Judge Stephen L. Crocker on 6/9/2022. (voc)
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| Filing 7 Notice of Appearance filed by Lisa M. Lawless for Defendant Credit Acceptance Corporation. (Lawless, Lisa) |
| Filing 6 Notice of Appearance filed by Marci V. Kawski for Defendant Credit Acceptance Corporation. (Kawski, Marci) |
| Filing 5 Notice of Appearance filed by Natalia S. Kruse for Defendant Credit Acceptance Corporation. (Kruse, Natalia) |
| Filing 4 Stipulation for Extension of Time to File Responsive Pleading to June 23, 2022 by Defendant Credit Acceptance Corporation. (Kruse, Natalia) |
| Set/Reset Deadlines: Credit Acceptance Corporation answer due 6/23/2022. (voc) |
| Filing 3 Summons Returned Executed. Credit Acceptance Corporation served on 5/19/2022, answer due 6/9/2022. (Lyons, Thomas) |
| Filing 2 Summons Issued as to Credit Acceptance Corporation. (lak) |
| Filing 1 COMPLAINT with Jury Trial Demanded against Credit Acceptance Corporation. ( Filing fee $ 402 receipt number BWIWDC-3054837.), filed by Janelle L. Zook. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons) (Lyons, Thomas) |
| Case randomly assigned to Magistrate Judge Stephen L. Crocker. (lak) |
| Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties with summons or waiver of service: #Corporate Disclosure Statement, #Order Regarding Assignment of Cases, #Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment, #Order on Dispositive Motions. (lak) |
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| Plaintiff: Janelle L. Zook | |
| Represented By: | Thomas John Lyons, Jr. |
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| Defendant: Credit Acceptance Corporation | |
| Represented By: | Lisa M. Lawless |
| Represented By: | Marci V. Kawski |
| Represented By: | Natalia S. Kruse |
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