Shepard v. Plaza Recovery et al

Federal Civil Lawsuit Massachusetts District Court, Case No. 1:13-cv-12216
Magistrate Judge Marianne B. Bowler, presiding
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Magistrate Judge Marianne B. Bowler
Last Updated January 11, 2017 at 7:13 AM EST (9.6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Lindsey Shepard, Plaintiff

Pro Se

Name Phone Fax E-Mail
Space Lindsey Shepard
v.
No Logo Equable Ascent Financial, LLC, Defendant

Represented by Law Office of Michael A. Riordan

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael A. Riordan +1 781 944 1455 +1 781 944 1599 MRiordan@Riordanlawoffices.com
No Logo Howard Lee Schiff, Defendant

Represented by Law Offices Howard Lee Schiff, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Karen J. Wisniowski +1 508 753 9991 +1 508 753 0260 kwisniowski@hlschiffpc.com
No Logo Lustig Glaser and Wilson, Defendant

Represented by Lustig, Glaser & Wilson PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brian F. Hogencamp +1 781 449 3000 bhogencamp@lgw.com
No Logo Midland Credit Management, Inc., Defendant
Officially listed as "Midland Credit Management"

Represented by Hinshaw & Culbertson, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Ranen S Schechner +7510 751 751 0842 +1 617 213 7001 rschechner@hinshawlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Andrew M. Schneiderman +1 617 213 7000 +1 617 213 7001 aschneiderman@ohaganmeyer.com
No Logo NCB Management Services, Inc., Defendant

Represented by Peabody & Arnold LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jennifer L. Markowski +1 617 951 2010 +1 617 235 3555 jmarkowski@peabodyarnold.com
No Logo NCO Financial Systems, Inc., Defendant
No Logo Northern Leasing Systems, Inc., Defendant
No Logo Plaza Recovery, Defendant
No Logo Valentine and Kebartas, Defendant
Attributes
Citation Section 15 U.S.C. § 1692
Nature of Suit 480 - Consumer Credit
Timeline
  Entries (121) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 121 Filed: 10/15/2014, Entered: None
NOTICE of Voluntary Dismissal by Howard Lee Schiff (Wisniowski, Karen) (Entered: 10/15/2014)
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Legal Document (Payment Possibly Required) 120 Filed: 9/16/2014, Entered: None
STIPULATION of Dismissal with prejudice,by Plaintiff and LGW, all parties to bear their own costs by Lustig Glaser and Wilson. (Hogencamp, Brian) (Entered: 09/16/2014)
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Legal Document (Payment Possibly Required) 119 Filed: 9/9/2014, Entered: None Court Filing
ELECTRONIC REPORT OF ADR PROVIDER. Magistrate Judge Dein: This case was scheduled for mediation on 10/16/14, however, we have been informed by the defendants that the case is not ripe for ADR at this time. Therefore, the mediation is cancelled and the case should be restored to your trial list. (Dambrosio, Jolyne) (Entered: 09/09/2014)
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Legal Document (Payment Possibly Required) 118 Filed: 9/4/2014, Entered: None Court Filing
Judge William G. Young: ELECTRONIC ORDER entered denying 115 Motion to Compel; denying 116 MOTION to Compel Responses to Discovery. (Paine, Matthew) (Entered: 09/04/2014)
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Legal Document (Payment Possibly Required) 117 Filed: 9/3/2014, Entered: None
First Opposition re 116 MOTION to Compel, 115 MOTION to Compel and for costs filed by Lustig Glaser and Wilson. (Attachments: # 1 Exhibit correspondence between LGW and Plaintiff, # 2 Exhibit correspondence between LGW and Plaintiff, # 3 Exhibit correspondence between LGW and Plaintiff, # 4 Exhibit LGW response to Plaintiff's second request for production)(Hogencamp, Brian) (Entered: 09/03/2014)
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Legal Document (Payment Possibly Required) 116 Filed: 9/2/2014, Entered: None
MOTION to Compel Responses to Discovery by Lindsey Shepard. (Attachments: # 1 Exhibit 1)(Paine, Matthew) (Entered: 09/03/2014)
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Legal Document (Payment Possibly Required) 115 Filed: 9/2/2014, Entered: None
MOTION to Compel by Lindsey Shepard.(Paine, Matthew) (Entered: 09/03/2014)
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Legal Document (Payment Possibly Required) 114 Filed: 8/28/2014, Entered: None
First MOTION to Compel Responses to Discovery by Lustig Glaser and Wilson. (Attachments: # 1 Exhibit correspondence between LGW and Plaintiff, # 2 Exhibit correspondence between LGW and Plaintiff, # 3 Exhibit correspondence between LGW and Plaintiff, # 4 Exhibit Plaintiff's responses to interrogatories, # 5 Exhibit LGW's second request for production of documents, # 6 Exhibit LGW's second set of interrogatories)(Hogencamp, Brian) (Entered: 08/28/2014)
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Legal Document (Payment Possibly Required) 113 Filed: 8/19/2014, Entered: None Court Filing
ELECTRONIC NOTICE OF AND ORDER REGARDING ADR CONFERENCE: Mediation before Magistrate Judge Dein set for Thursday, October 16, 2014, at 10:00AM in Courtroom #15 on the 5th Floor. Counsel are directed to be present with their clients or representatives thereof with full settlement authority. No later than three business days before the conference, each party shall submit (by mail or hand delivery addressed to Judge Dein, or by email to Jolyne_Dambrosio@mad.uscourts.gov) a brief memorandum marked "Confidential - Not for Docketing" addressing the party's position on the merits of the case and on settlement. If you believe the case is not ripe for mediation at this time, please notify opposing counsel and the court as soon as possible. (Dambrosio, Jolyne) (Entered: 08/19/2014)
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Legal Document (Payment Possibly Required) 112 Filed: 8/12/2014, Entered: None Court Filing
Notice of assignment to ADR Provider. Judge Judith G. Dein appointed.(Garvin, Brendan) (Entered: 08/12/2014)
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Legal Document (Payment Possibly Required) 111 Filed: 8/7/2014, Entered: None
REFERRING CASE to Alternative Dispute Resolution as of September 2014.(Paine, Matthew) (Entered: 08/07/2014)
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Legal Document (Payment Possibly Required) 110 Filed: 7/11/2014, Entered: None Court Filing
Judge William G. Young: ORDER entered re 87 MOTION for Summary Judgment filed by Howard Lee Schiff, 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice filed by Lustig Glaser and Wilson.(Paine, Matthew) (Entered: 07/14/2014)
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Legal Document (Payment Possibly Required) 109 Filed: 6/30/2014, Entered: None Court Filing
Judge William G. Young: ELECTRONIC ORDER entered denying 105 Motion to Compel (Paine, Matthew) (Entered: 06/30/2014)
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Blank 108 Filed: 6/27/2014, Entered: None
NOTICE by Howard Lee Schiff re 104 Order on Motion to Compel, (Wisniowski, Karen) (Entered: 06/27/2014)
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Legal Document (Payment Possibly Required) 107 Filed: 6/24/2014, Entered: None
First Opposition re 105 MOTION to Compel filed by Lustig Glaser and Wilson. (Attachments: # 1 Exhibit A. plaintiff motion to compel as to defendant LGW, # 2 Exhibit B. Plaintiff motion to compel as to defendant HLS, # 3 Exhibit C. LGW's response to Plaintiff request for interrogatories, # 4 Exhibit D. LGW's response to Plaintiff's request for admissions, # 5 Exhibit E. LGW's response to Plaintiff's request for production of documents, # 6 Exhibit F. Counsel's email to Plaintiff with proposed confirdentiality agreement and protective order, # 7 Exhibit G. Correspondence between counsel for LGW and Plaintiff regarding Plaintiff's production of documents and infrmation to support her opposition to summary judgment)(Hogencamp, Brian) (Entered: 06/24/2014)
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Legal Document (Payment Possibly Required) 106 Filed: 6/24/2014, Entered: None
Letter/request (non-motion) from Lustig, Glaser & Wilson P.C. for ruling on Summary Judgment Motion heard 5/9/14. (Hogencamp, Brian) (Entered: 06/24/2014)
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Legal Document (Payment Possibly Required) 105 Filed: 6/18/2014, Entered: None
MOTION to Compel Defendant to Properly Respond to Interrogagtories, Admissions, and Requests for Production and Memorandum in Support by Lindsey Shepard.(Paine, Matthew) (Entered: 06/19/2014)
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Legal Document (Payment Possibly Required) 104 Filed: 6/5/2014, Entered: None Court Filing
Judge William G. Young: ELECTRONIC ORDER entered: Motion allowed in part and denied in part. Interrogatories 1,2,5,6 and documents 4,5,13,17,20,22 are to be answered or further answered and produced within 30 days of the date of this order. Document request 17 may be answered by a document-by-document privilege log. re 101 Motion to Compel (Paine, Matthew) (Entered: 06/05/2014)
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Legal Document (Payment Possibly Required) 103 Filed: 5/29/2014, Entered: None
CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 102 Opposition to Motion, by Karen J. Wisniowski on behalf of Howard Lee Schiff. (Wisniowski, Karen) (Entered: 05/29/2014)
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Legal Document (Payment Possibly Required) 102 Filed: 5/29/2014, Entered: None
First Opposition re 101 MOTION to Compel and motion for protective order filed by Howard Lee Schiff. (Attachments: # 1 Exhibit conferring emails, # 2 Exhibit sup objections and answers to ints, # 3 Exhibit sup objections and responses to rpdf, # 4 Exhibit Proposed Confidentiality Agreement)(Wisniowski, Karen) (Entered: 05/29/2014)
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Blank 101 Filed: 5/21/2014, Entered: None
MOTION to Compel Defendant to Properly Respond to Interrogatories, Admission and Requests for Production and Memorandum in Support by Lindsey Shepard.(Lindsay, Maurice) (Entered: 05/21/2014)
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Blank 100 Filed: 5/14/2014, Entered: None Court Filing
Judge William G. Young: ORDER entered. At the motion hearing on May 9, 2014, Lindsey Shepard declared in open court that certain facts, essential to establishing her claim, were presently not available to her. Accordingly the Court will defer considering the motion for 14 days to allow time for Shepard to obtain this information. See Fed.R.Civ.P. 56(d). SO ORDERED. (Paine, Matthew) (Entered: 05/14/2014)
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Legal Document (Payment Possibly Required) 99 Filed: 5/9/2014, Entered: None Court Filing
ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 5/9/2014 at MIT re 87 MOTION for Summary Judgment filed by Howard Lee Schiff, 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice filed by Lustig Glaser and Wilson. The plaintiff's response is stricken due to late/untimely filing. After hearing from defense counsel and pro se plaintiff the Court takes the matter under advisement. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Pro se Plaintiff, Hogencamp and Wisniowski for the defendants) (Gaudet, Jennifer) (Entered: 05/14/2014)
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Legal Document (Payment Possibly Required) 98 Filed: 5/8/2014, Entered: None Court Filing
MOTION to Strike Opposition 95 to Defendant's Motion for Summary Judgement 87 filed by Howard Lee Schiffto Respo. (Wisniowski, Karen) (Modified on 5/9/2014 to Correct Docket Text and CM/ECF Filing Event) (Paine, Matthew). (Entered: 05/08/2014)
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Legal Document (Payment Possibly Required) 97 Filed: 5/7/2014, Entered: None
Objection to 96 Opposition to Motion by Lustig Glaser and Wilson w/ certificate of service. (Hogencamp, Brian) (Entered: 05/07/2014)
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Legal Document (Payment Possibly Required) 96 Filed: 5/7/2014, Entered: None
Opposition re 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice filed by Lindsey Shepard. (Attachments: # 1 Exhibit - 1)(Paine, Matthew) (Entered: 05/07/2014)
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Legal Document (Payment Possibly Required) 95 Filed: 5/7/2014, Entered: None
Opposition re 87 MOTION for Summary Judgment filed by Lindsey Shepard. (Paine, Matthew) (Entered: 05/07/2014)
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Legal Document (Payment Possibly Required) 94 Filed: 5/7/2014, Entered: None
Subpoena Returned Executed as to Sprint. (Paine, Matthew) (Entered: 05/07/2014)
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Legal Document (Payment Possibly Required) 93 Filed: 5/7/2014, Entered: None
Subpoena Returned Executed as to TMobile USA Inc.. (Paine, Matthew) (Entered: 05/07/2014)
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Legal Document (Payment Possibly Required) 92 Filed: 3/31/2014, Entered: None Court Filing
ELECTRONIC NOTICE Setting Hearing on Motion 87 MOTION for Summary Judgment : Motion Hearing set for 5/9/2014 02:00 PM before Judge William G. Young. This hearing will take place at MIT, Building 9, 105 Massachusetts Avenue, Cambridge, MA. (Gaudet, Jennifer) (Entered: 03/31/2014)
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Legal Document (Payment Possibly Required) 91 Filed: 3/31/2014, Entered: None Court Filing
ELECTRONIC NOTICE Resetting Hearing on Motion 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice : Motion Hearing reset for 5/9/2014 02:00 PM before Judge William G. Young. This hearing will take place at MIT, Building 9, 105 Massachusetts Avenue, Cambridge, MA. (Gaudet, Jennifer) (Entered: 03/31/2014)
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Legal Document (Payment Possibly Required) 90 Filed: 3/27/2014, Entered: None
CERTIFICATE OF SERVICE pursuant to LR 5.2 by Howard Lee Schiff re 87 MOTION for Judgment as a Matter of Law , 89 Memorandum in Support of Motion, 88 Statement of Material Facts L.R. 56.1 and certification. (Wisniowski, Karen) (Entered: 03/27/2014)
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Legal Document (Payment Possibly Required) 89 Filed: 3/27/2014, Entered: None
MEMORANDUM in Support re 87 MOTION for Judgment as a Matter of Law filed by Howard Lee Schiff. (Attachments: # 1 Affidavit)(Wisniowski, Karen) (Entered: 03/27/2014)
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Legal Document (Payment Possibly Required) 88 Filed: 3/27/2014, Entered: None
Statement of Material Facts L.R. 56.1 re 87 MOTION for Judgment as a Matter of Law filed by Howard Lee Schiff. (Wisniowski, Karen) (Entered: 03/27/2014)
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Legal Document (Payment Possibly Required) 87 Filed: 3/27/2014, Entered: None
MOTION for Summary Judgment by Howard Lee Schiff.(Wisniowski, Karen) (Modified on 3/28/2014 to Correct Docket Text and CM/ECF filing event) (Paine, Matthew). (Entered: 03/27/2014)
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Legal Document (Payment Possibly Required) 86 Filed: 3/12/2014, Entered: None
Disclosure pursuant to Rule 26 by Howard Lee Schiff.(Wisniowski, Karen) (Entered: 03/12/2014)
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Legal Document (Payment Possibly Required) 85 Filed: 3/12/2014, Entered: None
Disclosure pursuant to Rule 26 by Lustig Glaser and Wilson.(Hogencamp, Brian) (Entered: 03/12/2014)
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Legal Document (Payment Possibly Required) 84 Filed: 3/10/2014, Entered: None Court Filing
Judge William G. Young: ELECTRONIC ORDER entered granting 78 MOTION to Dismiss with Prejudice Equable Ascent Financial LLC (Paine, Matthew) (Entered: 03/10/2014)
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Legal Document (Payment Possibly Required) 83 Filed: 3/10/2014, Entered: None Court Filing
Judge William G. Young: ELECTRONIC ORDER entered denying 79 Motion for Extension of Time to File Response/Reply (Paine, Matthew) (Entered: 03/10/2014)
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Legal Document (Payment Possibly Required) 82 Filed: 3/10/2014, Entered: None Court Filing
Judge William G. Young: ORDER entered. re 80 Joint Statement is so ordered as the case management scheduling order. DISCOVERY DUE November 26, 2014 and DISPOSITIVE MOTIONS DUE September 2, 2014. (Paine, Matthew) (Entered: 03/10/2014)
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Legal Document (Payment Possibly Required) 81 Filed: 3/6/2014, Entered: None
First Opposition re 79 MOTION for Extension of Time to File Response/Reply as to 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice, 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice filed by Lustig Glaser and Wilson. (Attachments: # 1 Exhibit A-email correspoondence regarding extension request)(Hogencamp, Brian) (Entered: 03/06/2014)
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Blank 80 Filed: 3/5/2014, Entered: None
JOINT SUBMISSION pursuant to Local Rule 16.1 by Lindsey Shepard.(Paine, Matthew) (Entered: 03/05/2014)
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Legal Document (Payment Possibly Required) 79 Filed: 3/5/2014, Entered: None
MOTION for Extension of Time to File Response as to 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice by Lindsey Shepard.(Paine, Matthew) (Entered: 03/05/2014)
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Legal Document (Payment Possibly Required) 78 Filed: 3/5/2014, Entered: None
MOTION to Dismiss with Prejudice Equable Ascent Financial LLC by Lindsey Shepard.(Paine, Matthew) (Entered: 03/05/2014)
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Legal Document (Payment Possibly Required) 77 Filed: 2/21/2014, Entered: None
Endorsed CERTIFICATION pursuant to Local Rule 16.1 . (Hogencamp, Brian) (Entered: 02/21/2014)
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Legal Document (Payment Possibly Required) 76 Filed: 2/21/2014, Entered: None Court Filing
ELECTRONIC NOTICE Setting Hearing on Motion 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice : Motion Hearing set for 4/4/2014 02:00 PM before Judge William G. Young. This hearing will take place at Boston University Law School, 765 Commonwealth Avenue, 6th Floor, Boston, MA. (Gaudet, Jennifer) (Entered: 02/21/2014)
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Legal Document (Payment Possibly Required) 75 Filed: 2/21/2014, Entered: None Court Filing
ELECTRONIC NOTICE issued requesting courtesy copy for 73 Memorandum in Support of Motion 72 Statement of facts, 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matt Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 02/21/2014)
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Legal Document (Payment Possibly Required) 74 Filed: 2/20/2014, Entered: None
CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice by Brian F. Hogencamp on behalf of Lustig Glaser and Wilson. (Hogencamp, Brian) (Entered: 02/20/2014)
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Legal Document (Payment Possibly Required) 73 Filed: 2/20/2014, Entered: None
First MEMORANDUM in Support re 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice filed by Lustig Glaser and Wilson. (Attachments: # 1 Exhibit A-Afidavit of Kenneth C Wilson Esq, # 2 Exhibit B-LGW first demand letter to counsel for Plaintiff, # 3 Exhibit C-letter received by LGW from Plaintiff's counsel including power of attorney and validation request, # 4 Exhibit D-LGW reply letter with validation to Plaintiff's counsel, # 5 Exhibit E-copy of state court judgment against Plaintiff, # 6 Exhibit F-Letter receivd by LGW from Plaintiff granting permission to contact Plaintiff, # 7 Exhibit G-Plaintiff late request for validation and LGW reply, # 8 Exhibit H-Plaintiff second late request for validation and LGW reply, # 9 Exhibit I-LGW file call log for Plaintiff's state court case, # 10 Exhibit J-reference to Plaintiff opp to LGW's 12b(6) motion, # 11 Exhibit K-reference to Plaintiff's complaint)(Hogencamp, Brian) (Entered: 02/20/2014)
  • Attachment 1 Exhibit A-Afidavit of Kenneth C Wilson Esq
  • Attachment 2 Exhibit B-LGW first demand letter to counsel for Plaintiff
  • Attachment 3 Exhibit C-letter received by LGW from Plaintiff's counsel including power o
  • Attachment 4 Exhibit D-LGW reply letter with validation to Plaintiff's counsel
  • Attachment 5 Exhibit E-copy of state court judgment against Plaintiff
  • Attachment 6 Exhibit F-Letter receivd by LGW from Plaintiff granting permission to contact Pl
  • Attachment 7 Exhibit G-Plaintiff late request for validation and LGW reply
  • Attachment 8 Exhibit H-Plaintiff second late request for validation and LGW reply
  • Attachment 9 Exhibit I-LGW file call log for Plaintiff's state court case
  • Attachment 10 Exhibit J-reference to Plaintiff opp to LGW's 12b(6) motion
  • Attachment 11 Exhibit K-reference to Plaintiff's complaint
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Legal Document (Payment Possibly Required) 72 Filed: 2/20/2014, Entered: None
STATEMENT of facts re 71 First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice Statement of Material Facts. (Hogencamp, Brian) (Entered: 02/20/2014)
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Legal Document (Payment Possibly Required) 71 Filed: 2/20/2014, Entered: None
First MOTION for Summary Judgment for Dismissal of all remaining Counts of Plaintiff's Complaint with Prejudice by Lustig Glaser and Wilson.(Hogencamp, Brian) (Entered: 02/20/2014)
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Blank 70 Filed: 2/19/2014, Entered: None
NOTICE TO THE COURT by Lindsey Shepard (Lindsay, Maurice) (Entered: 02/20/2014)
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Legal Document (Payment Possibly Required) 69 Filed: 2/5/2014, Entered: None
Defendant's ANSWER to 1 Complaint with Certificate of Service by Equable Ascent Financial LLC.(Riordan, Michael) (Entered: 02/05/2014)
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Legal Document (Payment Possibly Required) 68 Filed: 2/3/2014, Entered: None
ANSWER to 1 Complaint by Howard Lee Schiff.(Wisniowski, Karen) (Entered: 02/03/2014)
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Legal Document (Payment Possibly Required) 67 Filed: 1/22/2014, Entered: None Court Filing
ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 1/22/2014 re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lustig Glaser and Wilson, 31 MOTION for Judgment on the Pleadings and in the alternative Motion to Dismiss filed by Howard Lee Schiff, 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Equable Ascent Financial LLC. After hearing from the plaintiff and counsel, the Court rules as follows: Counts 1 & 2 are dismissed as to the law firms and Count III is dismissed as to Lustig (as to violation of telephone statute). The Court places the case on the running trial list for December 2014. A final pretrial conference will be held during the month of November 2014. The case is to go to ADR during the month of September 2014. Order entered granting in part and denying in part 9 Motion to Dismiss for Failure to State a Claim; terminating 9 Motion for More Definite Statement; granting in part and denying in part 31 Motion for Judgment on the Pleadings; granting in part and denying in part 33 Motion to Dismiss for Failure to State a Claim. ( Ready for Trial on 12/1/2014 09:00 AM in Courtroom 18 before Judge William G. Young.). (Court Reporter: Donald Womack at womack@megatran.com.)(Attorneys present: Pro se plaintiff, Riordan, Hogencamp and Wisniowski for the defendants) (Gaudet, Jennifer) (Entered: 01/27/2014)
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Legal Document (Payment Possibly Required) 66 Filed: 1/24/2014, Entered: None
Lustig, Glaser & Wilson P.C.'s ANSWER to 1 Complaint by Lustig Glaser and Wilson. (Attachments: # 1 Exhibit A-Validation request from Plaintiff's counsel, # 2 Exhibit B-Validation letter and docs to Plaintiff's counsel)(Hogencamp, Brian) (Entered: 01/24/2014)
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Legal Document (Payment Possibly Required) 65 Filed: 1/21/2014, Entered: None
REPLY to Response to 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Exhibit "A" and Certificate of Service with Certificate of Service filed by Equable Ascent Financial LLC. (Riordan, Michael) (Entered: 01/21/2014)
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Legal Document (Payment Possibly Required) 64 Filed: 12/31/2013, Entered: None
STIPULATION of Dismissal as to Midland Credit Management by Lindsey Shepard. (Paine, Matthew) (Entered: 01/02/2014)
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Legal Document (Payment Possibly Required) 63 Filed: 12/17/2013, Entered: None
First REPLY to Response to 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under FRCP 12b(6), or in the alternative MOTION for More Definite Statement under FRCP 12e filed by Lustig Glaser and Wilson. (Attachments: # 1 Exhibit A with supporting affidavit)(Hogencamp, Brian) (Entered: 12/17/2013)
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Legal Document (Payment Possibly Required) 62 Filed: 12/13/2013, Entered: None
Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under FRCP 12b(6), or in the alternative MOTION for More Definite Statement under FRCP 12e, 31 MOTION for Judgment on the Pleadings and in the alternative Motion to Dismiss filed by Lindsey Shepard. (Attachments: # 1 Exhibit - 1)(Paine, Matthew) (Entered: 12/16/2013)
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Legal Document (Payment Possibly Required) 61 Filed: 12/13/2013, Entered: None
Opposition re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Exhibit "A" and Certificate of Service filed by Lindsey Shepard. (Attachments: # 1 Exhibit - 1)(Paine, Matthew) (Entered: 12/16/2013)
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Legal Document (Payment Possibly Required) 60 Filed: 12/13/2013, Entered: None
STIPULATION of Dismissal as to NCO Financial Systems, Inc. by Lindsey Shepard. (Paine, Matthew) (Entered: 12/16/2013)
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Legal Document (Payment Possibly Required) 59 Filed: 12/2/2013, Entered: None Court Filing
ELECTRONIC NOTICE Setting Hearing on Motion 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under FRCP 12b(6), or in the alternative MOTION for More Definite Statement under FRCP 12e, 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Exhibit "A" and Certificate of Service, 31 MOTION for Judgment on the Pleadings and in the alternative Motion to Dismiss : Motion Hearing set for 1/22/2014 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 12/02/2013)
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Legal Document (Payment Possibly Required) 58 Filed: 12/2/2013, Entered: None Court Filing
Judge William G. Young: ELECTRONIC ORDER entered granting 36 Motion for Extension of Time to File Response/Reply re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Exhibit "A" and Certificate of Service. Responses due by 12/13/2013. Replies, if any, are due by 12/20/2013. (Gaudet, Jennifer) (Entered: 12/02/2013)
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Legal Document (Payment Possibly Required) 57 Filed: 11/26/2013, Entered: None Court Filing
ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference held on 11/26/2013. PLaintiff refuses to consent. Case to be redrawn. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Shepard, Riordan, Hogencamp, Wisnowsli, Schneiderman) (Garvin, Brendan) (Entered: 11/27/2013)
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Legal Document (Payment Possibly Required) 56 Filed: 11/26/2013, Entered: None Court Filing
ELECTRONIC NOTICE of Reassignment. Judge William G. Young added. (Abaid, Kimberly) (Entered: 11/26/2013)
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Legal Document (Payment Possibly Required) 55 Filed: 11/26/2013, Entered: None
CORPORATE DISCLOSURE STATEMENT by Midland Credit Management identifying Corporate Parent Encore Capital Group, Inc. for Midland Credit Management.. (Schneiderman, Andrew) (Entered: 11/26/2013)
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Legal Document (Payment Possibly Required) 54 Filed: 11/26/2013, Entered: None
NOTICE of Settlement Pending by NCO Financial Systems Inc (Markowski, Jennifer) (Entered: 11/26/2013)
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Legal Document (Payment Possibly Required) 53 Filed: 11/20/2013, Entered: None Court Filing
ELECTRONIC NOTICE of Hearing. Status Conference set for 11/26/2013 02:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Garvin, Brendan) (Entered: 11/20/2013)
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Legal Document (Payment Possibly Required) 52 Filed: 11/15/2013, Entered: None
Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under FRCP 12b(6), or in the alternative MOTION for More Definite Statement under FRCP 12e filed by Lindsey Shepard. (Garvin, Brendan) (Entered: 11/19/2013)
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Legal Document (Payment Possibly Required) 51 Filed: 11/15/2013, Entered: None
REPLY to Response to 40 Opposition re 36 MOTION for Extension of Time to File Answer filed by Lindsey Shepard. (Garvin, Brendan) (Entered: 11/19/2013)
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Legal Document (Payment Possibly Required) 50 Filed: 11/18/2013, Entered: None
NOTICE by Midland Credit Management of Reference to Multidistrict Litigation (Attachments: # 1 Exhibit A)(Schechner, Ranen) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 49 Filed: 11/1/2013, Entered: None
NOTICE of Voluntary Dismissal as to NCB Management Services, Inc. by Lindsey Shepard (Garvin, Brendan) (Entered: 11/12/2013)
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Blank 48 Filed: 10/29/2013, Entered: None Court Filing
CONSENT by all parties to Jurisdiction by US Magistrate Judge by Equable Ascent Financial LLC.. (Riordan, Michael) (Entered: 10/29/2013)
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Legal Document (Payment Possibly Required) 47 Filed: 10/28/2013, Entered: None
Set/Reset Deadlines as to 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Exhibit "A" and Certificate of Service, 31 MOTION for Judgment on the Pleadings and in the alternative Motion to Dismiss. Responses due by 11/12/2013 (Garvin, Brendan) (Entered: 10/28/2013)
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Legal Document (Payment Possibly Required) 46 Filed: 10/18/2013, Entered: None
MOTION for Extension of Time to file a response to defendant Howard Lee Schiff's motion for judgment on the pleadings by Lindsey Shepard.(Garvin, Brendan) (Entered: 10/24/2013)
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Legal Document (Payment Possibly Required) 45 Filed: 10/18/2013, Entered: None
MOTION for Extension of Time to file a response to defendant Equable Ascent Financial motion for failure to state a claim by Lindsey Shepard.(Garvin, Brendan) (Entered: 10/24/2013)
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Blank 44 Filed: 10/18/2013, Entered: None
CERTIFICATE OF CONSULTATION pursuant to LR 7.1 by Lindsey Shepard by Lindsey Shepard.(Garvin, Brendan) (Entered: 10/24/2013)
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Legal Document (Payment Possibly Required) 43 Filed: 10/15/2013, Entered: None
NOTICE of Voluntary Dismissal by Lindsey Shepard as to Valentine & Kebartas, Inc. (Garvin, Brendan) (Entered: 10/18/2013)
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Legal Document (Payment Possibly Required) 42 Filed: 10/15/2013, Entered: None
NOTICE of Voluntary Dismissal by Lindsey Shepard as to Northern Leasing Systems Inc. (Garvin, Brendan) (Entered: 10/18/2013)
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Legal Document (Payment Possibly Required) 41 Filed: 10/15/2013, Entered: None
NOTICE of Voluntary Dismissal by Lindsey Shepard as to Plaza Recovery Inc. (Garvin, Brendan) (Entered: 10/18/2013)
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Legal Document (Payment Possibly Required) 40 Filed: 10/16/2013, Entered: None
Opposition re 36 MOTION for Extension of Time to File Answer re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Exhibit "A" and Certificate of Service filed by Lustig Glaser and Wilson. (Attachments: # 1 Exhibit 9/10/13 ltr 2 Plaintiff rrquesting conference, # 2 Exhibit email correspondence, # 3 Exhibit email correspondence)(Hogencamp, Brian) (Entered: 10/16/2013)
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Blank 39 Filed: 10/16/2013, Entered: None Court Filing
CONSENT by all parties to Jurisdiction by US Magistrate Judge by Lustig Glaser and Wilson.. (Hogencamp, Brian) (Entered: 10/16/2013)
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Legal Document (Payment Possibly Required) 38 Filed: 10/15/2013, Entered: None Court Filing
CONSENT by all parties to Jurisdiction by US Magistrate Judge by Howard Lee Schiff.. (Wisniowski, Karen) (Main Document 38 replaced on 10/16/2013) (Paine, Matthew). (Entered: 10/15/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 10/15/2013, Entered: None Court Filing
ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Garvin, Brendan) (Entered: 10/15/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 10/11/2013, Entered: None
MOTION for Extension of Time to File Answer re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Exhibit "A" and Certificate of Service by Lindsey Shepard.(Garvin, Brendan) (Entered: 10/11/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 10/9/2013, Entered: None
NOTICE of Appearance by Michael A. Riordan on behalf of Equable Ascent Financial LLC (Riordan, Michael) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 10/9/2013, Entered: None
CERTIFICATE OF CONSULTATION pursuant to LR 7.1 by Michael A. Riordan on behalf of Equable Ascent Financial LLC by on behalf of Equable Ascent Financial LLC.(Riordan, Michael) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 10/9/2013, Entered: None
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Exhibit "A" and Certificate of Service by Equable Ascent Financial LLC. (Attachments: # 1 Exhibit "A")(Riordan, Michael) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 10/9/2013, Entered: None
MEMORANDUM in Support re 31 MOTION for Judgment on the Pleadings and in the alternative Motion to Dismiss filed by Howard Lee Schiff. (Attachments: # 1 Exhibit A.Demand letter, # 2 Exhibit B. May 8 letter, # 3 Exhibit C.June 13 letter, # 4 Exhibit D. June 20 letter, # 5 Exhibit E. Nov 5 letter, # 6 Exhibit F. response letter, # 7 Exhibit G. Dec 8 letter)(Wisniowski, Karen) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 10/9/2013, Entered: None
MOTION for Judgment on the Pleadings and in the alternative Motion to Dismiss by Howard Lee Schiff.(Wisniowski, Karen) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 10/9/2013, Entered: None
CORPORATE DISCLOSURE STATEMENT by Howard Lee Schiff. (Wisniowski, Karen) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 10/9/2013, Entered: None
NOTICE of Appearance by Karen J. Wisniowski on behalf of Howard Lee Schiff (Wisniowski, Karen) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 10/9/2013, Entered: None
ANSWER to 1 Complaint and Affirmative Defenses by NCB Management Services, Inc..(Markowski, Jennifer) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 10/9/2013, Entered: None
ANSWER to 1 Complaint and Affirmative Defenses by NCO Financial Systems Inc.(Markowski, Jennifer) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 10/9/2013, Entered: None
CORPORATE DISCLOSURE STATEMENT by NCB Management Services, Inc.. (Markowski, Jennifer) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 25 Filed: 10/9/2013, Entered: None
CORPORATE DISCLOSURE STATEMENT by NCO Financial Systems Inc identifying Corporate Parent Compass International Corporation, Corporate Parent Express Global Solutions, Inc., Corporate Parent EGS Holdings Inc., Corporate Parent JP Morgan Chase & CO., for NCO Financial Systems Inc.. (Markowski, Jennifer) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 10/9/2013, Entered: None
NOTICE of Appearance by Jennifer L. Markowski on behalf of NCB Management Services, Inc. (Markowski, Jennifer) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 10/9/2013, Entered: None
NOTICE of Appearance by Jennifer L. Markowski on behalf of NCO Financial Systems Inc (Markowski, Jennifer) (Entered: 10/09/2013)
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Blank 22 Filed: 10/9/2013, Entered: None
ANSWER to 1 Complaint by Midland Credit Management.(Schneiderman, Andrew) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 10/2/2013, Entered: None
NOTICE of Appearance by Andrew M. Schneiderman on behalf of Midland Credit Management (Schneiderman, Andrew) (Entered: 10/02/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 10/2/2013, Entered: None
NOTICE of Appearance by Ranen S. Schechner on behalf of Midland Credit Management (Schechner, Ranen) (Entered: 10/02/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 9/30/2013, Entered: None
SUMMONS Returned Executed Howard Lee Schiff served on 9/19/2013, answer due 10/10/2013. (Garvin, Brendan) (Entered: 09/30/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 9/30/2013, Entered: None
SUMMONS Returned Executed NCB Management Services, Inc. served on 9/18/2013, answer due 10/9/2013. (Garvin, Brendan) (Entered: 09/30/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 9/30/2013, Entered: None
SUMMONS Returned Executed Valentine and Kebartas served on 9/18/2013, answer due 10/9/2013. (Garvin, Brendan) (Entered: 09/30/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 9/30/2013, Entered: None
SUMMONS Returned Executed Northern Leasing Systems Inc served on 9/18/2013, answer due 10/9/2013. (Garvin, Brendan) (Entered: 09/30/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 9/30/2013, Entered: None
SUMMONS Returned Executed Lustig Glaser and Wilson served on 9/18/2013. (Garvin, Brendan) Modified on 9/30/2013 (Garvin, Brendan). (Entered: 09/30/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 9/30/2013, Entered: None
SUMMONS Returned Executed NCO Financial Systems Inc served on 9/18/2013, answer due 10/9/2013. (Garvin, Brendan) (Entered: 09/30/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 9/30/2013, Entered: None
SUMMONS Returned Executed Equable Ascent Financial LLC served on 9/18/2013, answer due 10/9/2013. (Garvin, Brendan) (Entered: 09/30/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 9/30/2013, Entered: None
SUMMONS Returned Executed Midland Credit Management served on 9/18/2013, answer due 10/9/2013. (Garvin, Brendan) (Entered: 09/30/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 9/30/2013, Entered: None
SUMMONS Returned Executed Plaza Recovery served on 9/24/2013, answer due 10/15/2013. (Garvin, Brendan) (Entered: 09/30/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 9/26/2013, Entered: None
CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under FRCP 12b(6), or in the alternative MOTION for More Definite Statement under FRCP 12e by Brian F. Hogencamp on behalf of Lustig Glaser and Wilson. (Hogencamp, Brian) (Entered: 09/26/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 9/26/2013, Entered: None
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under FRCP 12b(6), or in the alternative, MOTION for More Definite Statement under FRCP 12e ( Responses due by 10/10/2013) by Lustig Glaser and Wilson. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Hogencamp, Brian) (Entered: 09/26/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 9/10/2013, Entered: None
WAIVER OF SERVICE Returned Executed by Lustig Glaser and Wilson. Lustig Glaser and Wilson waiver sent on 9/10/2013, answer due 11/11/2013. (Hogencamp, Brian) (Entered: 09/10/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 9/10/2013, Entered: None
CORPORATE DISCLOSURE STATEMENT by Lustig Glaser and Wilson. (Hogencamp, Brian) (Entered: 09/10/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 9/10/2013, Entered: None
NOTICE of Appearance by Brian F. Hogencamp on behalf of Lustig Glaser and Wilson (Hogencamp, Brian) (Entered: 09/10/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 9/9/2013, Entered: None
Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (LaFlamme, Jennifer) (Entered: 09/09/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 9/9/2013, Entered: None
Filing fee/payment: $400.00, receipt number 1BST039564 for 1 Complaint. (MacDonald, Gail) (Entered: 09/09/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 9/9/2013, Entered: None Court Filing
NOTICE of Case Assignment. Magistrate Judge Marianne B. Bowler 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: 09/09/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 9/9/2013, Entered: None
General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (LaFlamme, Jennifer) (Entered: 09/09/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 9/9/2013, Entered: None
COMPLAINT against All Defendants, filed by Lindsey Shepard. (Attachments: # 1 Civil Cover Sheet and Category Form)(LaFlamme, Jennifer) (Entered: 09/09/2013)
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