Case details

Court: cacd
Docket #: 2:15-cv-06427
Case Name: Veronica Joaquin v. SquareTwo Financial Corporation, et al
PACER case #: 626137
Date filed: 2015-08-23
Date terminated: 2016-04-27
Assigned to: Judge Michael W. Fitzgerald
Referred to: Magistrate Judge Jacqueline Chooljian
Case Cause: 15:1692 Fair Debt Collection Act
Nature of Suit: 480 Consumer Credit
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Veronica Joaquin
Plaintiff
Individually and on Behalf of All Others Similarly Situated
Alexander H Lim
Hyde and Swigart APC 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108 619-233-7770 Fax: 619-297-1022 Email: alex@westcoastlitigation.com
TERMINATED: 02/09/2016 ATTORNEY TO BE NOTICED

Joshua B Swigart
Hyde and Swigart APC 2221 Camino Del Rio South Suite 101 San Diego, CA 92108 619-233-7770 Fax: 619-297-1022 Email: josh@westcoastlitigation.com
ATTORNEY TO BE NOTICED

Seyed Abbas Kazerounian
Kazerouni Law Group APC 245 Fischer Avenue Suite D1 Costa Mesa, CA 92626 800-400-6808 Fax: 800-520-5523 Email: ak@kazlg.com
ATTORNEY TO BE NOTICED

Matthew M Loker
KAZEROUNI LAW GROUP, APC 1303 East Grand Avenue, Suite 101 Arroyo Grande, CA 93420 805-335-8455 Fax: 800-520-5523 Email: ml@kazlg.com
ATTORNEY TO BE NOTICED

SquareTwo Financial Corporation
Defendant
Lisa M Herme
Mandarich Law Group LLP 9200 Oakdale Avenue Suite 601 Chatsworth, CA 91311 877-414-0130 x 3329 Fax: 818-888-1260 Email: lisah@mandarichlaw.com
ATTORNEY TO BE NOTICED

Nicole M Strickler
Messer Stilp and Strickler Ltd 166 West Washington Street Suite 300 Chicago, IL 60602 312-334-3476 Fax: 312-334-3434 Email: nstrickler@messerstrickler.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Stephanie A Strickler
Messer Stilp and Strickler Ltd 166 West Washington Suite 300 Chicago, IL 60602 312-334-3476 Fax: 213-334-3434 Email: sstrickler@messerstilp.com
PRO HAC VICE ATTORNEY TO BE NOTICED

CACH, LLC
Defendant
Nicole M Strickler
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Stephanie A Strickler
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Lisa M Herme
(See above for address)
ATTORNEY TO BE NOTICED

Mandarich Law Group, LLP
Defendant
Lisa M Herme
(See above for address)
ATTORNEY TO BE NOTICED

Nicole M Strickler
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Stephanie A Strickler
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-08-23 1 0 COMPLAINT Receipt No: 0973-16314143 - Fee: $400, filed by Plaintiff Veronica Joaquin. (Attorney Matthew M Loker added to party Veronica Joaquin(pty:pla))(Loker, Matthew) (Entered: 08/23/2015)
2015-08-23 2 0 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Veronica Joaquin. (Loker, Matthew) (Entered: 08/23/2015)
2015-08-23 3 0 CIVIL COVER SHEET filed by Plaintiff Veronica Joaquin. (Loker, Matthew) (Entered: 08/23/2015)
2015-08-23 4 0 NOTICE of Interested Parties filed by Plaintiff Veronica Joaquin, (Loker, Matthew) (Entered: 08/23/2015)
2015-08-24 5 0 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Jacqueline Chooljian. (esa) (Entered: 08/24/2015)
2015-08-24 6 0 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 08/24/2015)
2015-08-24 7 0 21 DAY Summons issued re Complaint 1 as to defendants CACH, LLC, Mandarich Law Group, LLP, SquareTwo Financial Corporation. (esa) (Entered: 08/24/2015)
2015-09-10 8 0 PROOF OF SERVICE Executed by Plaintiff Veronica Joaquin, upon Defendant CACH, LLC served on 8/27/2015, answer due 9/17/2015. Service of the Summons and Complaint were executed upon Gladys Najarro in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Loker, Matthew) (Entered: 09/10/2015)
2015-09-10 9 0 PROOF OF SERVICE Executed by Plaintiff Veronica Joaquin, upon Defendant Mandarich Law Group, LLP served on 8/27/2015, answer due 9/17/2015. Service of the Summons and Complaint were executed upon Calvin Robinson in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Loker, Matthew) (Entered: 09/10/2015)
2015-09-10 10 0 PROOF OF SERVICE Executed by Defendant Veronica Joaquin, upon Defendant SquareTwo Financial Corporation served on 8/27/2015, answer due 9/17/2015. Service of the Summons and Complaint were executed upon Gladys Aguilera in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Loker, Matthew) (Entered: 09/10/2015)
2015-09-17 11 0 First STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant CACH, LLC.(Attorney Lisa M Herme added to party CACH, LLC(pty:dft))(Herme, Lisa) (Entered: 09/17/2015)
2015-09-30 12 0 ** STRICKEN PURSUANT TO RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS DATED 10/01/15 ** First APPLICATION for attorney Nicole M. Strickler to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant CACH, LLC, Mandarich Law Group, LLP, SquareTwo Financial Corporation. Application set for hearing on 10/5/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (Attorney Lisa M Herme added to party Mandarich Law Group, LLP(pty:dft), Attorney Lisa M Herme added to party SquareTwo Financial Corporation(pty:dft)) (Herme, Lisa) Modified on 10/1/2015 (lt). (Entered: 09/30/2015)
2015-09-30 13 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First APPLICATION for attorney Nicole M. Strickler to Appear Pro Hac Vice (PHV FEE NOT PAID.) 12 . The following error(s) was found: Other error(s) with document(s) are specified below: Fee not paid. See LR 83-2.1.3.3 (c). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 09/30/2015)
2015-10-01 14 0 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Deficiency in Electronically Filed Documents (G-112A),, 13 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by October 9, 2015. The amended application shall be filed without a motion hearing date. (lt) (Entered: 10/01/2015)
2015-10-02 15 0 ** STRICKEN PURSUANT TO RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS DATED 10/5/15 ** Amended APPLICATION for attorney Nicole M. Strickler to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant CACH, LLC, Mandarich Law Group, LLP, SquareTwo Financial Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (Herme, Lisa) Modified on 10/5/2015 (lt). (Entered: 10/02/2015)
2015-10-02 16 0 APPLICATION for attorney Stephanie A. Strickler to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16555638 paid.) filed by Defendant CACH, LLC, Mandarich Law Group, LLP, SquareTwo Financial Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order) (Herme, Lisa) (Entered: 10/02/2015)
2015-10-05 17 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended APPLICATION for attorney Nicole M. Strickler to Appear Pro Hac Vice (PHV FEE NOT PAID.) 15 . The following error(s) was found: Other error(s) with document(s) are specified below: Fee not paid. See LR 83-2.1.3.3 (c). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 10/05/2015)
2015-10-05 18 0 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Amended APPLICATION for attorney Nicole M. Strickler to Appear Pro Hac Vice (PHV FEE NOT PAID.) 15 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by October 7, 2015. The Court notes that a deficiency for the initial application (Docket No. 12) filed for attorney Nicole Strickler to appear pro hac vice was issued due to non-payment of the fee. An amended application was filed (Docket No. 15), but again the fee was not paid. Counsel is ordered to properly file an amended application with the required fee. Counsel must also comply with the Local Rules and Judge Fitzgerald's Procedures and Schedules. (lt) (Entered: 10/05/2015)
2015-10-05 19 0 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Michael W. Fitzgerald: granting 16 APPLICATION to Appear Pro Hac Vice by Attorney Stephanie A. Strickler on behalf of Defendants, designating Lisa M. Herme as local counsel. (lt) (Entered: 10/05/2015)
2015-10-07 20 0 APPLICATION for attorney Nicole M. Strickler to Appear Pro Hac Vice (PHV FEE PAID. See Receipt 0973-16529509) filed by Defendant CACH, LLC, Mandarich Law Group, LLP, SquareTwo Financial Corporation. (Attachments: # 1 Exhibit Payment, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Herme, Lisa) Modified on 10/7/2015 (lt). (Entered: 10/07/2015)
2015-10-08 21 0 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants CACH, LLC, SquareTwo Financial Corporation. Motion set for hearing on 10/26/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Strickler, Stephanie) (Entered: 10/08/2015) 2016-10-16 21:55:17 40926f3566ccccb06288403de4c925f16f602226
2015-10-08 22 0 JOINDER in NOTICE OF MOTION AND MOTION to Compel Arbitration 21 filed by Defendant Mandarich Law Group, LLP. (Strickler, Stephanie) (Entered: 10/08/2015)
2015-10-08 23 0 OBJECTION re: NOTICE OF MOTION AND MOTION to Compel Arbitration 21 filed by Plaintiff Veronica Joaquin. (Attachments: # 1 Declaration of Matthew M. Loker, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order, # 5 Proof of Service)(Loker, Matthew) (Entered: 10/08/2015)
2015-10-09 24 0 Notice of Withdrawal of Motion to Compel Arbitration, 21 filed by Defendants CACH, LLC, SquareTwo Financial Corporation. (Strickler, Stephanie) (Entered: 10/09/2015) 2016-10-16 22:04:16 03ba0ce7cd785e1654617936b725dd2eb133068b
2015-10-13 25 0 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Michael W. Fitzgerald: granting 20 APPLICATION to Appear Pro Hac Vice by Attorney Nicole M. Strickler on behalf of Defendants CACH, LLC, Mandarich Law Group, LLP and SquareTwo Financial Corporation, designating Lisa M. Herme as local counsel. (lt) (Entered: 10/14/2015)
2015-10-19 26 0 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants CACH, LLC, SquareTwo Financial Corporation. Motion set for hearing on 12/7/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order) (Strickler, Stephanie) (Entered: 10/19/2015)
2015-10-19 27 0 JOINDER in NOTICE OF MOTION AND MOTION to Compel Arbitration 26 filed by Defendant Mandarich Law Group, LLP. (Strickler, Stephanie) (Entered: 10/19/2015)
2015-10-21 28 0 OBJECTION re: NOTICE OF MOTION AND MOTION to Compel Arbitration 26 filed by Plaintiff Veronica Joaquin. (Attachments: # 1 Declaration of Matthew M. Loker, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order, # 6 Proof of Service)(Loker, Matthew) (Entered: 10/21/2015)
2015-10-21 29 0 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Compel Arbitration 26 filed by Defendants CACH, LLC, SquareTwo Financial Corporation. (Attachments: # 1 Declaration, # 2 Exhibit 1)(Strickler, Stephanie) (Entered: 10/21/2015)
2015-11-12 30 0 Joint STIPULATION for Extension of Time to File Plaintiff's Motion for Class Certification filed by Plaintiff Veronica Joaquin. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Loker, Matthew) (Entered: 11/12/2015)
2015-11-13 31 0 ORDER by Judge Michael W. Fitzgerald. Having considered the Joint Stipulation for Leave to Extend Time 30 for Plaintiff Veronica Joaquin to Lodge Plaintiffs Motion for Class Certification and for good causing being shown: IT IS HEREBY ORDERED THAT : Plaintiff's deadline for filing Plaintiff's Motion for Class Certification shall be set at the Scheduling Conference for this Action. IT IS SO ORDERED. (iv) (Entered: 11/13/2015)
2015-11-16 32 0 OPPOSITION re: NOTICE OF MOTION AND MOTION to Compel Arbitration 26 filed by Plaintiff Veronica Joaquin. (Attachments: # 1 Proof of Service)(Loker, Matthew) (Entered: 11/16/2015)
2015-11-16 33 0 EVIDENTIARY OBJECTION In Support of Plaintiff's Opposition re: NOTICE OF MOTION AND MOTION to Compel Arbitration 26 filed by Plaintiff Veronica Joaquin. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Loker, Matthew) (Entered: 11/16/2015)
2015-11-24 34 0 REPLY In Support of NOTICE OF MOTION AND MOTION to Compel Arbitration 26 filed by Defendants CACH, LLC, Mandarich Law Group, LLP, SquareTwo Financial Corporation. (Attachments: # 1 Exhibit 1)(Strickler, Stephanie) (Entered: 11/24/2015)
2015-11-24 35 0 RESPONSE TO PLAINTIFF'S EVIDENTIARY OBJECTIONS re NOTICE OF MOTION AND MOTION to Compel Arbitration 26 filed by Defendants CACH, LLC, Mandarich Law Group, LLP, SquareTwo Financial Corporation. (Strickler, Stephanie) (Entered: 11/24/2015)
2015-12-02 36 0 STIPULATION for Leave to Appear Telephonically filed by Defendants CACH, LLC, Mandarich Law Group, LLP, SquareTwo Financial Corporation. (Attachments: # 1 Proof of Service, # 2 Proposed Order)(Strickler, Nicole) (Entered: 12/02/2015)
2015-12-04 37 0 ORDER ALLOWING DEFENDANTS' COUNSEL TO APPEAR TELEPHONICALLY 36 by Judge Michael W. Fitzgerald that Defendants' counsel shall be allowed to appear telephonically at the 12/7/2015 scheduled hearing. (jp) (Entered: 12/04/2015)
2015-12-07 38 0 MINUTES OF Motion hearing held before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling on the Motion to Compel Arbitration 26 prior to the case being called. The case is called, and counsel make their appearance. The Court hears oral argument from counsel and takes the motion under submission. Court Reporter: Lisa Gonzalez. (cw) (Entered: 12/07/2015)
2015-12-15 39 0 NOTICE of Supplemental Authority in Further Support of Plaintiff's Opposition to Defendants' Motion to Compel Arbitration filed by Plaintiff Veronica Joaquin. (Attachments: # 1 Declaration of Matthew M. Loker, # 2 Exhibit 1, # 3 Proof of Service)(Loker, Matthew) (Entered: 12/15/2015)
2015-12-16 40 0 IN CHAMBERS ORDER by Judge Michael W. Fitzgerald: The Motion to Compel Arbitration and to Stay Claims 26 is GRANTED. The Court retains jurisdiction, and the action is STAYED. The parties are directed to file a joint status report with the Court within 90 days of the date of this Order, and every 90 days thereafter until such time that there is a decision by the arbitrator. IT IS SO ORDERED. (cw) (Entered: 12/16/2015)
2016-02-08 41 0 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander H Lim counsel for Plaintiff Veronica Joaquin. Alexander H. Lim is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Veronica Joaquin. (Attachments: # 1 Proof of Service)(Lim, Alexander) (Entered: 02/08/2016)
2016-04-05 42 0 ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald: On 12/16/2015, this Court issued an Order staying the action, and compelling arbitration 40 . In addition, counsel was order to file a joint status report with the Court every 90 days, until the arbitrator issues a decision. The first joint report was due 3/16/2016 and has not been filed. Plaintiff is ordered to file the joint report, and show cause in writing, no later than 4/12/2016, as to why this action should not be dismissed for failure to comply with this Court's order. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the dismissal of this action. IT IS SO ORDERED. (cw) (Entered: 04/05/2016)
2016-04-06 43 0 NOTICE of Settlement filed by Plaintiff Veronica Joaquin. (Loker, Matthew) (Entered: 04/06/2016)
2016-04-07 44 0 ORDER OF DISCHARGE, AND ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald: On 4/5/2016, the Court issued an Order to Show Cause why this action should not be dismissed for lack of prosecution. On 4/6/2016, Plaintiff's counsel filed a Notice of Settlement. The Court deems that response satisfactory, and orders the Order to Show Cause discharged. In light of the Notice of Settlement, the Court sets a hearing on Order To Show Cause Re: Dismissal for 6/6/2016 at 11:30 AM. If a stipulated dismissal is filed prior to this date, the matter will be taken off calendar and no appearance is needed. All other dates are hereby vacated. IT IS SO ORDERED. (cw) (Entered: 04/07/2016)
2016-04-26 45 0 Joint STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a) filed by Plaintiff Veronica Joaquin. (Attachments: # 1 Proposed Order)(Loker, Matthew) (Entered: 04/26/2016)
2016-04-27 46 0 ORDER OF DISMISSAL by Judge Michael W. Fitzgerald. Based upon the Parties Joint Stipulation 45 , and good cause, this Court hereby orders Plaintiff claim to be, and is, dismissed with prejudice while the claims of the putative class members are dismissed without prejudice. Each party to bear their own attorneys fees and costs. (Made JS-6. Case Terminated.) (jp) (Entered: 04/27/2016)