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59 |
Filed: 11/13/2015, Entered: None |
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Opposition re 57 MOTION for Leave to Take Judicial Notice filed by Encore Capital, Midland Funding, Midland Management Inc.. (Thorvaldsen, Kara) (Entered: 11/13/2015)
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Request |
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58 |
Filed: 11/2/2015, Entered: None |
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Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Motion Hearing held on 11/2/2015 re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM w/ certificate of service MOTION for Hearing filed by Derek S. Rogers, Kenneth Wilson, Dean A. Heinold, Lustig Glaser & Wilson P.C., 50 MOTION to Strike 48 Notice (Other), 49 Memorandum in Opposition to Motion,,, with certificate of service filed by Derek S. Rogers, Kenneth Wilson, Dean A. Heinold, Lustig Glaser & Wilson P.C., 37 MOTION to Dismiss filed by Encore Capital, Midland Funding, Midland Management Inc. Argument completed. Court takes matter under advisement. (Copy mailed to Plainitff.). (Court Reporter: Alice Moran atalice.moran@verizon.net.)(Attorneys present: Pro Se Plaintiff, Hogencamp, Thovaldsen) (Pelegano, Theresa) (Entered: 11/02/2015)
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Request |
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57 |
Filed: 10/30/2015, Entered: None |
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MOTION for Leave to Take Judicial Notice by Ernest Allen.(Lindsay, Maurice) (Entered: 10/30/2015)
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Request |
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56 |
Filed: 10/26/2015, Entered: None |
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REPLY to Response to 37 MOTION to Dismiss (Leave to file granted on 10/22/15 filed by Encore Capital, Midland Funding, Midland Management Inc.. (Thorvaldsen, Kara) (Entered: 10/26/2015)
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Request |
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55 |
Filed: 10/22/2015, Entered: None |
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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 54 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Pelegano, Theresa) (Entered: 10/22/2015)
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Request |
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54 |
Filed: 10/22/2015, Entered: None |
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MOTION for Leave to File Reply to Plaintiff's Opposition to Motions to Dismiss by Encore Capital, Midland Funding, Midland Management Inc..(Thorvaldsen, Kara) (Entered: 10/22/2015)
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Request |
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53 |
Filed: 10/7/2015, Entered: None |
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ELECTRONIC NOTICE Setting Hearing on Motion 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM w/ certificate of service MOTION for Hearing, 50 MOTION to Strike 48 Notice (Other), 49 Memorandum in Opposition to Motion,,, with certificate of service, 37 MOTION to Dismiss : Motion Hearing set for 11/2/2015 10:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (Copy of notice sent to Plaintiff) (Pelegano, Theresa) (Entered: 10/07/2015)
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Request |
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52 |
Filed: 9/16/2015, Entered: None |
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AFFIDAVIT of Plaintiff Ernest Allen by Ernest Allen. (Lindsay, Maurice) (Entered: 09/16/2015)
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Request |
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51 |
Filed: 9/15/2015, Entered: None |
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MEMORANDUM in Support re 50 MOTION to Strike 48 Notice (Other), 49 Memorandum in Opposition to Motion,,, with certificate of service with certificate of service filed by Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson. (Attachments: # 1 Exhibit Case docket)(Hogencamp, Brian) (Entered: 09/15/2015)
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Request |
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50 |
Filed: 9/15/2015, Entered: None |
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MOTION to Strike 48 Notice (Other), 49 Memorandum in Opposition to Motion,,, with certificate of service by Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson.(Hogencamp, Brian) (Entered: 09/15/2015)
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Request |
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49 |
Filed: 9/14/2015, Entered: None |
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Plaintiff's MEMORANDUM in Opposition re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM w/ certificate of service MOTION for Hearing, 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM w/ certificate of service MOTION for Hearing, 37 MOTION to Dismiss filed by Ernest Allen. (Attachments: # 1 Verification of Opposition)(Lindsay, Maurice) (Additional attachment(s) added on 9/14/2015: # 2 Exhibit 1 (Part 1of2), # 3 Exhibit 1 Parts (2of2)) (Lindsay, Maurice). (Additional attachment(s) added on 9/14/2015: # 4 Exhibit 2 (Part 1of2), # 5 Exhibit 2 Parts (2of2)) (Lindsay, Maurice). (Additional attachment(s) added on 9/14/2015: # 6 Exhibit 3) (Lindsay, Maurice). (Additional attachment(s) added on 9/14/2015: # 7 Exhibit 4) (Lindsay, Maurice). (Entered: 09/14/2015)
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Request |
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48 |
Filed: 9/10/2015, Entered: None |
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NOTICE of Filing to The Court by Ernest Allen (Lindsay, Maurice) (Additional attachment(s) added on 9/11/2015: # 1 Exhibit 1(Parts- 1of2), # 2 Exhibit 1 (Parts- 2of2)) (Lindsay, Maurice). (Entered: 09/10/2015)
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Request |
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47 |
Filed: 8/25/2015, Entered: None |
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Copy re 46 Order on Motion for Extension of Time to File Response/Reply mailed to Plaintiff on 8/25/2015. (Pelegano, Theresa) (Entered: 08/25/2015)
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Request |
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46 |
Filed: 8/25/2015, Entered: None |
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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 44 Motion for Extension of Time to File Response/Reply Plaintiff shall file his opposition to Defendants' motions to dismiss due by 9/8/2015 (Pelegano, Theresa) (Entered: 08/25/2015)
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Request |
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45 |
Filed: 8/21/2015, Entered: None |
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Opposition re 44 MOTION for Extension of Time to File Response/Reply w/ certificate of service filed by Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson. (Attachments: # 1 Exhibit Plaintiff email to Defense counsel requesting extension, # 2 Exhibit Defense counsel response email to Plaintiff denying assent to extension, # 3 Exhibit ECF file and date stamp with motion)(Hogencamp, Brian) (Entered: 08/21/2015)
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Request |
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44 |
Filed: 8/21/2015, Entered: None |
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MOTION for Extension of Time to File Response to Defendant's Motion's to Dismiss by Ernest Allen. (Lindsay, Maurice) (Entered: 08/21/2015)
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Request |
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43 |
Filed: 8/18/2015, Entered: None |
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OPPOSITION Response by Midland Funding, Midland Management Inc. to 42 Request for notice of default AGAINST LILY HAAS. (Thorvaldsen, Kara) (Entered: 08/18/2015)
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Request |
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42 |
Filed: 8/10/2015, Entered: None |
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Request for notice of default by Ernest Allen. (Lindsay, Maurice) (Entered: 08/11/2015)
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Request |
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41 |
Filed: 8/10/2015, Entered: None |
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ELECTRONIC NOTICE issued requesting courtesy copy for 40 Memorandum in Support of Motion and supporting exhibits. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by Friday, August 14, 2015.. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Finn, Mary) (Entered: 08/10/2015)
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Request |
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40 |
Filed: 8/7/2015, Entered: None |
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MEMORANDUM in Support re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM w/ certificate of service, 27 MOTION to Amend 22 Amended Complaint, with certificate of service filed by Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson. (Attachments: # 1 Exhibit State court docket PRA v Allen, # 2 Exhibit State court docket pra v Allen, # 3 Exhibit 15 usc 1692 g notice with letter, # 4 Exhibit letter to Plaintiff, # 5 Exhibit letter to plaintiff, # 6 Exhibit leter to plaintiff, # 7 Exhibit Plaintiff request for validation, # 8 Exhibit Defendants reply to validation request, # 9 Exhibit midland v allen small claims docket, # 10 Exhibit Plaintiff notice of pending lawsuit ltr, # 11 Exhibit Plaintiff 93a demand, # 12 Exhibit Defendant response to Plaintiff notice of pending lawsuit, # 13 Exhibit Defendant reply to Plaintiff 93a demand, # 14 Exhibit small claims judgment for Plaintiff, # 15 Exhibit copy of court decision in Veal case, # 16 Exhibit copy of small claims hearing on CD-original to court and Plaintiff, # 17 Exhibit Plaintiff email to defense counsel dated 4/8/15)(Hogencamp, Brian) (Entered: 08/07/2015)
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Request |
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39 |
Filed: 8/7/2015, Entered: None |
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM w/ certificate of service and MOTION for a Hearing by Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson.(Hogencamp, Brian). Added an additional relief - MOTION for Hearing on 8/10/2015 (Finn, Mary). (Entered: 08/07/2015)
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Request |
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38 |
Filed: 8/7/2015, Entered: None |
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MEMORANDUM in Support re 37 MOTION to Dismiss filed by Encore Capital, Midland Funding, Midland Management Inc.. (Thorvaldsen, Kara) (Entered: 08/07/2015)
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Request |
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37 |
Filed: 8/7/2015, Entered: None |
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MOTION to Dismiss by Encore Capital, Midland Funding, Midland Management Inc..(Thorvaldsen, Kara) (Entered: 08/07/2015)
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Request |
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36 |
Filed: 8/3/2015, Entered: None |
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SUMMONS Returned Executed Lily Haas served on 7/10/2015, answer due 7/31/2015. (Lindsay, Maurice) (Entered: 08/04/2015)
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Request |
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35 |
Filed: 7/15/2015, Entered: None |
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CORPORATE DISCLOSURE STATEMENT by Encore Capital. (Thorvaldsen, Kara) (Entered: 07/15/2015)
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Request |
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34 |
Filed: 7/15/2015, Entered: None |
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CORPORATE DISCLOSURE STATEMENT by Midland Funding identifying Corporate Parent Encore Capital Group, Inc. for Midland Funding.. (Thorvaldsen, Kara) (Entered: 07/15/2015)
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Request |
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33 |
Filed: 7/15/2015, Entered: None |
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CORPORATE DISCLOSURE STATEMENT by Midland Management Inc. identifying Corporate Parent Encore Capital Group, Inc., Corporate Parent Midland Credit Management, Inc. for Midland Management Inc... (Thorvaldsen, Kara) (Entered: 07/15/2015)
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Request |
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32 |
Filed: 7/14/2015, Entered: None |
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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 27 Plaintiff's Motion for Leave of Court to Amend the Complaint. See generally Narumanchi v. Fed. Emergency Mgmt. Agency, 201 F.3d 432, 432 (2d Cir. 1999) (Reported in Full-Text Format at Radha Bhavatarini Devi Narumanchi V. Federal Emergency Mgmt. Agency, 1999 U.S. App. LEXIS 30444, *4 (2d Cir. 1999)) (leave to amend leave to amend should [be] freely give[n]... when justice so requires, Fed. R. Civ. P. 15(a)(2), and particularly... where the complaint is filed by a pro se litigant.). Plaintiff should submit his First Amended Complaint as a new docket entry. ; granting 30 Motion for Extension of Time.Defendants motion for extension of time to respond to Plaintiffs newly amended complaint. Defendant shall have 30 days from this date to respond to Plaintiffs First Amended Complaint.(Copy mailed to Plaintiff) (Pelegano, Theresa) (Entered: 07/14/2015)
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Request |
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31 |
Filed: 7/13/2015, Entered: None |
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EXHIBIT B - disc of Court Hearing re: 28 Opposition to Motion, by Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson received and placed in the file. (Finn, Mary) (Entered: 07/13/2015)
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Request |
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30 |
Filed: 7/13/2015, Entered: None |
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MOTION for Extension of Time to 30 Days after ruling on Plaintiff's motion for leave to amend Complaint to Respond to Complaint or Amended Complaint by Encore Capital, Midland Funding, Midland Management Inc..(Thorvaldsen, Kara) (Entered: 07/13/2015)
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Request |
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29 |
Filed: 7/13/2015, Entered: None |
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NOTICE of Appearance by Kara G. Thorvaldsen on behalf of Encore Capital, Midland Funding, Midland Management Inc. (Thorvaldsen, Kara) (Entered: 07/13/2015)
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Request |
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28 |
Filed: 7/10/2015, Entered: None |
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Opposition re 27 MOTION to Amend 22 Amended Complaint, filed by Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson. (Attachments: # 1 Exhibit Request for transcript of small claims hearing from Springfield District Court, # 2 Exhibit Copy of small claims record from court-original disc mailed to court for filing)(Hogencamp, Brian) (Entered: 07/10/2015)
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Request |
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27 |
Filed: 7/6/2015, Entered: None |
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MOTION for Leave to Amend 22 Amended Complaint, by Ernest Allen. (Attachments: # 1 Exhibits) (Lindsay, Maurice) (Additional attachment(s) added on 7/6/2015: # 3 Proposed First Amended Complaint, # 4 Exhibit 1 to Proposed First Amended Complaint, # 5 Exhibit 2 to Proposed First Ame, # 6 Exhibit 3 to Proposed First Ame, # 7 Exhibit 4 to Proposed First Ame, # 8 Exhibit 5 to Proposed First Ame, # 9 Exhibit 6 to Proposed First Ame, # 10 Exhibit 7 to Proposed First Ame, # 11 Exhibit 8 to Proposed First Ame, # 12 Exhibit 9 to Proposed First Ame) (Lindsay, Maurice). (Entered: 07/06/2015)
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Request |
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26 |
Filed: 6/24/2015, Entered: None |
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SUMMONS Returned Executed (Attachments: # 1 Supplement)(Healy, Bethaney) (Entered: 07/01/2015)
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Request |
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25 |
Filed: 6/24/2015, Entered: None |
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SUMMONS Returned Executed Midland Funding served on 6/22/2015, answer due 7/13/2015. (Attachments: # 1 Supplement)(Healy, Bethaney) (Entered: 07/01/2015)
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Request |
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24 |
Filed: 6/23/2015, Entered: None |
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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. The court sua sponte strikes Dkt. No. 22, Amended Complaint, filed by Plaintiff on June 22, 2015 from the record. As the time to amend as a matter of course has passed, if Plaintiff wishes to amend his complaint, he may obtain Defendants consent or he may move to take leave of the court to do so, in accordance with Fed. R. Civ. P. 15(a). Further, though the point is now moot, the Defendants' Objection to Amended Complaint, submitted in the form of a letter to the court on June 23, 2015, does not constitute a pleading and was not considered. So Ordered. (Copy sent to Plaintiff on 6/23/2015)(Pelegano, Theresa) (Entered: 06/23/2015)
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Request |
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23 |
Filed: 6/23/2015, Entered: None |
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Objection to 22 Amended Complaint, by Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson w/ certificate of service. (Hogencamp, Brian) (Entered: 06/23/2015)
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Request |
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22 |
Filed: 6/22/2015, Entered: None |
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AMENDED COMPLAINT against Lily Haas, Derek S. Rogers, Chase Bank U.S.A., Midland Funding, Lustig Glaser & Wilson P.C., Midland Management Inc., Kenneth Wilson, Encore Capital, Dean A. Heinold, filed by Ernest Allen. (Attachments: # 1 Exhibits 1-3, # 2 Exhibits 4-9)(Lindsay, Maurice) (Entered: 06/22/2015)
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21 |
Filed: 6/19/2015, Entered: None |
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REPLY to Response to 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM w/ certificate of service MOTION for Hearing w/ certificate of service filed by Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson. (Attachments: # 1 Exhibit FTC guidelines for FCRA, # 2 Exhibit Certified copies of Springfield District and Small Claims Court filings)(Hogencamp, Brian) (Entered: 06/19/2015)
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Request |
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20 |
Filed: 6/11/2015, Entered: None |
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Plaintiff's ADDENDUM in Support of 18 Opposition to Motion, and 19 Memorandum of Law. by Ernest Allen (Attachments: # 1 Exhibit 1)(Lindsay, Maurice) (Entered: 06/12/2015)
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Request |
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19 |
Filed: 6/4/2015, Entered: None |
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MEMORANDUM OF LAW in support of 18 Opposition to Motion by Ernest Allen (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lindsay, Maurice) (Entered: 06/05/2015)
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Request |
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18 |
Filed: 6/4/2015, Entered: None |
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Plaintiff's Opposition re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM w/ certificate of service MOTION for Hearing filed by Ernest Allen. (Lindsay, Maurice) (Entered: 06/05/2015)
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17 |
Filed: 5/28/2015, Entered: None |
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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. n April 28, 2015, several Defendants filed a Motion to Dismiss for Failure to State a Claim (Dkt. No. 12.) Typically, Plaintiffs are given 14 days to oppose these motions. Recognizing, however, that the Plaintiff is proceeding Pro Se, the court hereby notifies the parties that Plaintiff's claims against Defendants Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, and Kenneth Wilson will be dismissed as unopposed if an opposition is not filed by June 4, 2015. See generally Spencer v. Bender, 2010 U.S. Dist. LEXIS 41690, *3 (D. Mass. Apr. 29, 2010). So Ordered. (Copy mailed to Plaintiff on 5/28/15)(Pelegano, Theresa) (Entered: 05/28/2015)
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16 |
Filed: 5/5/2015, Entered: None |
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ELECTRONIC NOTICE of Reassignment. Judge Mark G. Mastroianni added. (Abaid, Kimberly) (Entered: 05/05/2015)
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15 |
Filed: 5/1/2015, Entered: None |
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Remark - Courtesy copy of document 13 received and placed in the file. (Finn, Mary) (Entered: 05/01/2015)
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Request |
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14 |
Filed: 4/28/2015, Entered: None |
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ELECTRONIC NOTICE issued requesting courtesy copy for 13 Memorandum in Support of Motion and supporting exhibits. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by Tuesday, May 5, 2015. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Finn, Mary) (Entered: 04/28/2015)
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13 |
Filed: 4/28/2015, Entered: None |
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MEMORANDUM in Support re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM w/ certificate of service filed by Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Hogencamp, Brian) (Main Document 13 replaced on 4/30/2015 with correct captioned main document) (Finn, Mary). Modified on 4/30/2015 (Finn, Mary). (Entered: 04/28/2015)
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12 |
Filed: 4/28/2015, Entered: None |
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM w/ certificate of service and MOTION for a Hearing by Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson.(Hogencamp, Brian). Added an additional relief - MOTION for Hearing on 4/28/2015 (Finn, Mary). (Entered: 04/28/2015)
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Request |
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11 |
Filed: 4/2/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Dean A. Heinold. Dean A. Heinold waiver sent on 4/2/2015, answer due 6/1/2015. (Hogencamp, Brian) (Entered: 04/02/2015)
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Request |
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10 |
Filed: 4/2/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Kenneth Wilson. Kenneth Wilson waiver sent on 4/2/2015, answer due 6/1/2015. (Hogencamp, Brian) (Entered: 04/02/2015)
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Request |
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9 |
Filed: 4/2/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Derek S. Rogers. Derek S. Rogers waiver sent on 4/2/2015, answer due 6/1/2015. (Hogencamp, Brian) (Entered: 04/02/2015)
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Request |
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8 |
Filed: 4/2/2015, Entered: None |
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CORPORATE DISCLOSURE STATEMENT by Lustig Glaser & Wilson P.C.. (Hogencamp, Brian) (Entered: 04/02/2015)
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Request |
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7 |
Filed: 4/2/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Lustig Glaser & Wilson P.C.. Lustig Glaser & Wilson P.C. waiver sent on 4/2/2015, answer due 6/1/2015. (Hogencamp, Brian) (Entered: 04/02/2015)
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Request |
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6 |
Filed: 4/2/2015, Entered: None |
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NOTICE of Appearance by Brian F. Hogencamp on behalf of Dean A. Heinold, Lustig Glaser & Wilson P.C., Derek S. Rogers, Kenneth Wilson (Hogencamp, Brian) (Entered: 04/02/2015)
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Request |
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5 |
Filed: 3/31/2015, Entered: None |
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Summons Issued as to Chase Bank U.S.A., Encore Capital, Lily Haas, Dean A. Heinold, Lustig Glaser & Wilson P.C., Midland Funding, Midland Management Inc., Derek S. Rogers, Kenneth Wilson and forwarded to the Pltf. along with Marshals service forms to be completed and returned so the Marshals may make service.(Finn, Mary) (Entered: 03/31/2015)
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Request |
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4 |
Filed: 3/31/2015, Entered: None |
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Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 3 Motion for Leave to Proceed in forma pauperis. (KAR, law1) (Entered: 03/31/2015)
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Request |
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3 |
Filed: 3/25/2015, Entered: None |
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MOTION for Leave to Proceed in forma pauperis by Ernest Allen. (Lindsay, Maurice) (Entered: 03/26/2015)
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Request |
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2 |
Filed: 3/26/2015, Entered: None |
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NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. (Abaid, Kimberly) (Entered: 03/26/2015)
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Request |
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1 |
Filed: 3/25/2015, Entered: None |
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COMPLAINT against Lily Haas, Derek S. Rogers, Chase Bank U.S.A., Midland Funding, Lustig Glaser & Wilson P.C., Midland Management Inc., Kenneth Wilson, Encore Capital, Dean A. Heinold, filed by Ernest Allen. (Attachments: # 1 Exhibits, # 2 Cover Sheet & Category Sheets)(Lindsay, Maurice). (Entered: 03/26/2015)
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Request |
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