Napier v. Collection Bureau of America, Ltd. et al

Federal Civil Lawsuit California Northern District Court, Case No. 3:07-cv-02429-MMC
District Judge Maxine M. Chesney, presiding
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District Judge Maxine M. Chesney
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Summary

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Parties
No Logo Betty Jean Napier, Plaintiff

Represented by Consumer Law Center, Inc.

Name Phone Fax E-Mail
Space Fred W Schwinn +1 408 294 6100 +1 408 294 6190 ksb_cmecf@fredschwinn.com
v.
No Logo Collection Bureau of America, Ltd., Defendant
No Logo Shawn Michael Deluna, Defendant
Attributes
Office San Francisco
Filed 5/7/2007
Jury Demand Plaintiff
Demand $0
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 15 U.S.C. § 1692 Fair Debt Collection Act
Jurisdiction Federal Question
Disposition Judgment - Judgment on Default
County Santa Clara
Terminated 11/1/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags ADRMOP, CLOSED, E-Filing
Timeline
  Entries (24) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Terminate Deadlines and Hearings with OCR 21 Filed: 11/1/2007, Entered: 11/1/2007 Terminate Deadlines and Hearings
DEFAULT JUDGMENT in favor of Betty Jean Napier against Collection Bureau of America, Ltd., Shawn Michael Deluna.the Court GRANTS plaintiffs application and awards plaintiff damages, attorneys fees and costs in the total amount of $6,075.74, as follows:1. Pursuant to 15 U.S.C. § 1692k, plaintiff is awarded statutory damages in the amount of $1,000.00.2. Pursuant to Cal. Civil Code § 1788.17, plaintiff is awarded statutory damages in the amount of $1,000.00.3. Pursuant to 15 U.S.C. § 1692k, plaintiff is awarded attorneys fees in the amount of $3,480.00, an amount the Court finds reasonable under the circumstances.4. Pursuant to 15 U.S.C. § 1692k, plaintiff is awarded costs in the amount of $595.74. (tl, COURT STAFF) (Filed on 11/1/2007)
LREF
Order on Motion for Default Judgment with OCR 20 Filed: 10/29/2007, Entered: 10/30/2007 Order on Motion for Default JudgmentCourt Filing
ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT; VACATING HEARING AND CASE MANAGEMENT CONFERENCE. The November 2, 2007 case management conference and the November 9, 2007 motion hearing are vacated. Signed by Judge Maxine M. Chesney on October 29, 2007. (mmclc2, COURT STAFF) (Filed on 10/29/2007)
LREF
Motion for Miscellaneous Relief with OCR 19 Filed: 10/22/2007, Entered: 10/22/2007, Terminated: 10/29/2007 Motion for Miscellaneous Relief
MOTION to Take Case Management Conference Off Calendar and [Proposed] Order filed by Betty Jean Napier. (Schwinn, Fred) (Filed on 10/22/2007) Modified on 10/23/2007 (aaa, Court Staff).
LREF
Motion for Default Judgment with OCR 18 Filed: 10/5/2007, Entered: 10/5/2007, Terminated: 10/29/2007 Motion for Default Judgment
MOTION for Default Judgment as to Collection Bureau of America, Ltd., and Shawn Michael DeLuna filed by Betty Jean Napier. Motion Hearing set for 11/9/2007 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Attachments: # (1) Declaration of Betty Jean Napier in Support of Motion for Default Judgment# (2) Declaration of Fred W. Schwinn in Support of Motion for Default Judgment Awarding Attorney Fees and Costs# (3) Exhibit "A"# (4) Expert Declaration of Ronald Wilcox in Support of Plaintiff's Motion for Attorney Fees and Costs# (5) Expert Declaration of Scott Maurer in Support of Plaintiff's Motion for Attorney Fees and Costs# (6) Proposed Judgment# (7) Certificate of Service by Mail)(Schwinn, Fred) (Filed on 10/5/2007)
LREF
~Notice (other) with OCR 17 Filed: 10/2/2007, Entered: 10/2/2007 ~Notice (other)
NOTICE by Betty Jean Napier (Notice of Unavailability of Counsel) (Schwinn, Fred) (Filed on 10/2/2007)
LREF
Order on Motion to Continue with OCR 16 Filed: 8/27/2007, Entered: 8/27/2007 Order on Motion to ContinueCourt Filing
ORDER by Judge Maxine M. Chesney granting [15] Motion to Continue Case Management Conference; continuing Case Management Conference from September 7, 2007 to November 2, 2007 at 10:30 a.m. (mmclc2, COURT STAFF) (Filed on 8/27/2007)
LREF
Motion to Continue with OCR 15 Filed: 8/25/2007, Entered: 8/25/2007, Terminated: 8/27/2007 Motion to Continue
MOTION to Continue Case Management Conference and Proposed Order filed by Betty Jean Napier. (Schwinn, Fred) (Filed on 8/25/2007)
LREF
Terminate Deadlines and Hearings with OCR 14 Filed: 8/17/2007, Entered: 8/17/2007 Terminate Deadlines and HearingsCourt Filing
CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 8/31/2007. Case Management Conference set for 9/7/2007 10:30 AM.. Signed by Judge Maxine M. Chesney on 2/27/2007. (Attachments: # (1) Standing Orders)(tl, COURT STAFF) (Filed on 8/17/2007)
LREF
Order Reassigning Case with OCR 13 Filed: 8/15/2007, Entered: 8/15/2007 Order Reassigning CaseCourt Filing
ORDER REASSIGNING CASE. Case reassigned to Judge Maxine M. Chesney for all further proceedings. Judge Bernard Zimmerman no longer assigned to the case. Signed by Executive Committee on 8/15/07. (ha, COURT STAFF) (Filed on 8/15/2007)
LREF
Clerk's Notice of Impending Reassignment with OCR 12 Filed: 8/15/2007, Entered: 8/15/2007 Clerk's Notice of Impending ReassignmentCourt Filing
CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (tdm, COURT STAFF) (Filed on 8/15/2007)
LREF
Declination to Proceed Before a U.S. Magistrate Ju with OCR 11 Filed: 8/14/2007, Entered: 8/14/2007 Declination to Proceed Before a U.S. Magistrate JuCourt Filing
Declination to Proceed Before a U.S. Magistrate Judge by Betty Jean Napier. (Schwinn, Fred) (Filed on 8/14/2007)
LREF
Letter with OCR 10 Filed: 8/1/2007, Entered: 8/1/2007 Letter
Letter re consent from Lashanda Scott. (ls, COURT STAFF) (Filed on 8/1/2007)
LREF
Clerks Notice of Entry of Default with OCR 9 Filed: 6/27/2007, Entered: 6/27/2007 Clerks Notice of Entry of Default
CLERK'S Notice for ENTRY OF DEFAULT Against Defendants Collection Bureau of America, Ltd. & Shawn Michael Deluna. (Related documents(s) re [6], [8], [5] & [7]). (tn, COURT STAFF) (Filed on 6/27/2007)
LREF
Motion for Entry of Default with OCR 8 Filed: 6/25/2007, Entered: 6/25/2007, Terminated: 6/27/2007 Motion for Entry of Default
Amended MOTION for Entry of Default Against Defendant, Shawn Michael DeLuna filed by Betty Jean Napier. (Attachments: # (1) Declaration of Counsel in Support of Entry of Default Against Defendant, Shawn Michael DeLuna# (2) Proposed Entry of Default Against Defendant, Shawn Michael DeLuna# (3) Certificate of Service by Mail)(Schwinn, Frederick) (Filed on 6/25/2007)
LREF
Motion for Entry of Default with OCR 7 Filed: 6/25/2007, Entered: 6/25/2007, Terminated: 6/27/2007 Motion for Entry of Default
Amended MOTION for Entry of Default Against Defendant, Collection Bureau of America, Ltd. filed by Betty Jean Napier. (Attachments: # (1) Declaration of Counsel in Support of Entry of Default Against Defendant, Collection Bureau of America, Ltd.# (2) Proposed Entry of Default Against Defendant, Collection Bureau of America, Ltd.# (3) Certificate of Service by Mail)(Schwinn, Frederick) (Filed on 6/25/2007)
LREF
Motion for Entry of Default with OCR 6 Filed: 6/21/2007, Entered: 6/21/2007, Terminated: 6/27/2007 Motion for Entry of Default
MOTION for Entry of Default Against Defendant Shawn Michael Deluna filed by Betty Jean Napier. (Attachments: # (1) Declaration of Counsel in Support of Entry of Default# (2) Proposed Entry of Default# (3) Certificate of Service)(Schwinn, Frederick) (Filed on 6/21/2007)
LREF
Motion for Entry of Default with OCR 5 Filed: 6/21/2007, Entered: 6/21/2007, Terminated: 6/27/2007 Motion for Entry of Default
MOTION for Entry of Default Against Defendant, Collection Bureau of America, LTD. filed by Betty Jean Napier. (Attachments: # (1) Declaration of Counsel in Support of Entry of Default# (2) Proposed Entry of Default# (3) Certificate of Service)(Schwinn, Frederick) (Filed on 6/21/2007)
LREF
Summons Returned Executed with OCR 4 Filed: 5/24/2007, Entered: 5/24/2007 Summons Returned Executed
SUMMONS Returned Executed by Betty Jean Napier. Shawn Michael Deluna served on 5/14/2007, answer due 6/4/2007. (Schwinn, Frederick) (Filed on 5/24/2007)
LREF
Summons Returned Executed with OCR 3 Filed: 5/24/2007, Entered: 5/24/2007 Summons Returned Executed
SUMMONS Returned Executed by Betty Jean Napier. Collection Bureau of America, Ltd. served on 5/16/2007, answer due 6/5/2007. (Schwinn, Frederick) (Filed on 5/24/2007)
LREF
ADR Scheduling Order with OCR 2 Filed: 5/7/2007, Entered: 5/8/2007 ADR Scheduling Order
ADR SCHEDULING ORDER: Case Management Statement due 8/13/2007 & Initial Case Management Conference set for 8/20/2007 at 4:00 PM.. (Attachments: #(1) BZ Standing Order). (tn, COURT STAFF) (Filed on 5/7/2007) Additional attachment(s) added on 5/8/2007 (tn, COURT STAFF).
LREF
Complaint with OCR 1 Filed: 5/7/2007, Entered: 5/8/2007 Complaint
COMPLAINT & Demand for Jury Trial - [Summons Issued] against Collection Bureau of America, Ltd. & Shawn Michael Deluna, [Filing Fee: $350.00, Receipt Number 54611000944]. Filed by Plaintiff Betty Jean Napier. (tn, COURT STAFF) (Filed on 5/7/2007)
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Blank -- Filed: 5/7/2007, Entered: 5/8/2007 Case Referred to ECF
CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF)
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Blank -- Filed: 5/7/2007, Entered: 5/8/2007 Summons Issued
SUMMONS Issued as to Defendant Shawn Michael Deluna. (tn, COURT STAFF)
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Blank -- Filed: 5/7/2007, Entered: 5/8/2007 Summons Issued
SUMMONS Issued as to Defendant Collection Bureau of America, Ltd.. (tn, COURT STAFF)
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