| Court: | gand |
| Docket #: | 1:14-cv-01763 |
| Case Name: | Luster v. Green Tree Servicing LLC |
| PACER case #: | 206205 |
| Date filed: | 2014-06-06 |
| Assigned to: | Judge Eleanor L. Ross |
| Referred to: | Magistrate Judge John K Larkins, III |
| Case Cause: | 47:0227 Telephone Consumer Protection Act |
| Nature of Suit: | 890 Other Statutory Actions |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Frederick Luster Plaintiff |
James Marvin Feagle Kris Kelly Skaar Alexander H. Burke Clifton Dorsen Justin Tharpe Holcombe |
| Narval Mangal Plaintiff individually and on behalf of all others similarly situated |
Alexander H. Burke Daniel J. Marovitch James Marvin Feagle Kris Kelly Skaar Clifton Dorsen Justin Tharpe Holcombe |
| Green Tree Servicing LLC Defendant a Delaware limited liability company |
Martin C. Bryce , Jr. Stefanie H. Jackman Daniel L. Delnero Hilary H. Adams |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-06-06 | 1 | 0 | NOTICE OF REMOVAL with COMPLAINT filed by Green Tree Servicing LLC.. (Filing fee $ 400.00 receipt number 113E-5225336) (Attachments: # 1 Exhibit - A, # 2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 06/09/2014) | |||
| 2014-06-06 | 2 | 0 | Certificate of Interested Persons and Corporate Disclosure Statement by Green Tree Servicing LLC identifying Other Affiliate, Walter Investment Management Corp. for Green Tree Servicing LLC. (eop) (Entered: 06/09/2014) | |||
| 2014-06-09 | 3 | 0 | Joint MOTION for Extension of Time to File Answer to Complaint by Green Tree Servicing LLC, Frederick Luster. (Adams, Hilary) (Entered: 06/09/2014) | |||
| 2014-06-10 | 4 | 0 | NOTICE of Appearance by Justin Tharpe Holcombe on behalf of Frederick Luster (Holcombe, Justin) (Entered: 06/10/2014) | |||
| 2014-06-11 | 5 | 0 | Guidelines to Parties and Counsel in Cases Proceeding Before The Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 6/11/14. (hfm) (Entered: 06/11/2014) | |||
| 2014-06-23 | 6 | 0 | MOTION to Compel Arbitration, MOTION to Dismiss or, Alternatively, MOTION to Stay Proceedings with Brief In Support by Green Tree Servicing LLC. (Attachments: # 1 Exhibit 1 - Declaration of Stewart M. Derrick, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration)(Adams, Hilary) . Added MOTION to Stay on 6/24/2014 (hfm). (Entered: 06/23/2014) | |||
| 2014-06-30 | 7 | 0 | Withdrawal of Motion 6 MOTION to Compel Arbitration and MOTION to Dismiss or, Alternatively, Stay Proceedings MOTION to Stay filed by Green Tree Servicing LLC filed by Green Tree Servicing LLC. (Adams, Hilary) (Entered: 06/30/2014) | |||
| 2014-06-30 | 8 | 0 | ANSWER to 1 NOTICE OF REMOVAL with COMPLAINT by Green Tree Servicing LLC. Discovery ends on 11/28/2014.(Adams, Hilary) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/30/2014) | |||
| 2014-07-30 | 9 | 0 | Initial Disclosures by Green Tree Servicing LLC.(Adams, Hilary) (Entered: 07/30/2014) | |||
| 2014-07-30 | 10 | 0 | Certificate of Interested Persons by Frederick Luster. (Holcombe, Justin) (Entered: 07/30/2014) | |||
| 2014-07-30 | 11 | 0 | Initial Disclosures by Frederick Luster.(Holcombe, Justin) (Entered: 07/30/2014) | |||
| 2014-07-30 | 12 | 0 | JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Green Tree Servicing LLC, Frederick Luster. (Feagle, James) (Entered: 07/30/2014) | |||
| 2014-08-04 | 13 | 0 | SCHEDULING ORDER approving 12 Joint Preliminary Report and Discovery Plan. The Court orders that the time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as stated in the above completed form. Signed by Judge Amy Totenberg on 8/4/14. (hfm) (Entered: 08/04/2014) | |||
| 2014-08-14 | 14 | 0 | APPLICATION for Admission of Martin C. Bryce, Jr. Pro Hac Vice (Application fee $ 150, receipt number 113E-5342936)by Green Tree Servicing LLC. (Adams, Hilary) (Entered: 08/14/2014) | |||
| 2014-08-21 | 15 | 0 | ORDER Granting 14 Application for Admission Pro Hac Vice as to Attorney Martin C. Bryce, Jr. Signed by Judge Amy Totenberg on 8/21/2014. (mdy) (Entered: 08/22/2014) | |||
| 2014-08-25 | 16 | 0 | Joint MOTION to Stay Litigation by Green Tree Servicing LLC, Frederick Luster. (Attachments: # 1 Exhibit A - Proposed Order)(Adams, Hilary) (Entered: 08/25/2014) | |||
| 2014-08-26 | 17 | 0 | ORDER granting the 16 Joint Motion to Stay Litigation. The parties are DIRECTED to file a status report on October 1, 2014, to inform the Court of the status of any settlement. The Clerk is DIRECTED to submit this matter to the Court on October 2, 2014. Signed by Judge Amy Totenberg on 8/26/2014. (dfb) (Entered: 08/27/2014) | |||
| 2014-10-01 | 18 | 0 | Joint MOTION for Extension of Time Stay Proceedings , MOTION to Stay by Green Tree Servicing LLC. (Attachments: # 1 Text of Proposed Order)(Adams, Hilary) (Entered: 10/01/2014) | |||
| 2014-10-01 | 19 | 0 | STATUS REPORT by Green Tree Servicing LLC, Frederick Luster. (hfm) (Entered: 10/02/2014) | |||
| 2014-10-03 | 20 | 0 | ORDER granting 18 Motion for Extension of Time ; granting 18 Motion to Stay. This action is stayed until October 31, 2014 to permit further settlement discussions. The present action will be reopened and resumed on November 3, 2014 should the Parties be unable to reach a settlement by October 31, 2014. Discovery shall close in this actioin March 31, 2015. Signed by Judge Amy Totenberg on 10/2/14. (hfm) (Entered: 10/03/2014) | |||
| 2014-11-11 | 21 | 0 | CERTIFICATE OF SERVICE Plaintiff's First Discovery Requests to Defendant Green Tree Servicing, LLC by Frederick Luster.(Holcombe, Justin) (Entered: 11/11/2014) | |||
| 2014-11-11 | 22 | 0 | First MOTION to Amend 1 Notice of Removal, Complaint, MOTION to Consolidate Cases by Frederick Luster. (Holcombe, Justin) (Entered: 11/11/2014) | |||
| 2014-11-26 | 23 | 0 | Joint MOTION for Extension of Time to Respond to Plaintiff's Motion to Consolidate Related Actions by Green Tree Servicing LLC, Frederick Luster. (Attachments: # 1 Text of Proposed Order)(Adams, Hilary) (Entered: 11/26/2014) | |||
| 2014-12-04 | 24 | 0 | Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 12/4/2014. The Court GRANTED 23 Motion for Extension of Time. Discussion was had regarding the pending motions to consolidate incivil actions 1:14-cv-3637-AT, Mangal v. Green Tree Servicing LLC & 1:14-cv-1763-AT, Luster v. Green Tree Servicing LLC. The Court granted Defendant an extension of time in both cases to December 12, 2014, to file its responses to the motions to consolidate. (Court Reporter Elise Evans) (jtj) (Entered: 12/04/2014) | |||
| 2014-12-12 | 25 | 0 | RESPONSE re 22 First MOTION to Amend 1 Notice of Removal, to Amend Complaint MOTION to Consolidate Cases filed by Green Tree Servicing LLC. (Adams, Hilary) (Entered: 12/12/2014) | |||
| 2014-12-15 | 26 | 0 | CERTIFICATE OF SERVICE OF DISCOVERY by Green Tree Servicing LLC.(Adams, Hilary) (Entered: 12/15/2014) | |||
| 2014-12-29 | 27 | 0 | INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. Signed by Judge Eleanor L. Ross on 12/29/2014. (bdb) (Entered: 12/29/2014) | |||
| 2015-01-05 | 28 | 0 | ORDER DIRECTING the Clerk to file this Order in Civil Action Nos. 1:14-cv-1763-ELR and 1:14-cv-3637-AT; ADMINISTRATIVELY CLOSE action 1:14-cv-3637-AT; and CONSOLIDATE civil action 1:14-cv-3637-AT with No. 1:14-cv-1763-ELR. Signed by Judge Amy Totenberg on 1/05/2015. (jtj) (Entered: 01/05/2015) | |||
| 2015-01-12 | 29 | 0 | Joint MOTION for Protective Order by Green Tree Servicing LLC, Frederick Luster. (Adams, Hilary) (Entered: 01/12/2015) | |||
| 2015-01-16 | 30 | 0 | CERTIFICATE OF SERVICE OF DISCOVERY by Green Tree Servicing LLC.(Adams, Hilary) (Entered: 01/16/2015) | |||
| 2015-01-26 | 31 | 0 | Certification of Consent to Substitution of Counsel. Stefanie H. Jackman replacing attorney Hilary H. Adams. (Jackman, Stefanie) (Entered: 01/26/2015) | |||
| 2015-02-04 | 32 | 0 | Minute Entry for proceedings held before Judge Eleanor L. Ross: Telephone Conference held on 2/4/2015. Plaintiff through counsel Justin Holcombe requested a discovery conference with the Court prior to the filing of motion(s) to compel and to discuss scheduling with regards to the newly consolidated action. Parties' positions regarding discovery dispute, especially Defendant's insufficient supplementation to interrogatories. 22 Motion for leave to Amend the Complaint is GRANTED and plaintiffs have ten (10) days from today to file their amended complaint. Plaintiffs are DIRECTED to file their motion(s) to compel and the parties are DIRECTED to file a proposed scheduling order. The parties' 29 Joint Motion for Protective order is TAKEN UNDER ADVISEMENT. (Court Reporter Elizabeth Cohn)(bdb) (Entered: 02/04/2015) | |||
| 2015-02-04 | 33 | 0 | JOINT PROTECTIVE ORDER granting 29 Motion for Protective Order. Signed by Judge Eleanor L. Ross on 2/4/2015. (bdb) (Entered: 02/04/2015) | |||
| 2015-02-04 | 34 | 0 | ORDER granting in part 22 First MOTION to Amend 1 Notice of Removal, to Amend Complaint and MOTION to Consolidate Cases filed by Frederick Luster. Plaintiff has the Court's leave to file an amended complaint within ten (10) days of the issuance of this Order. However, because this case has already been consolidated with 1:14cv3637, Plaintiff's Motion to Consolidate Cases is MOOT. Signed by Judge Eleanor L. Ross on 2/4/2015. (bdb) (Entered: 02/04/2015) | |||
| 2015-02-17 | 35 | 0 | First AMENDED COMPLAINT against Green Tree Servicing LLCwith Jury Demand, filed by Frederick Luster, Narval Mangal.(Holcombe, Justin) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 02/17/2015) | |||
| 2015-02-26 | 36 | 0 | NOTICE of Change of Address for Justin Tharpe Holcombe, counsel for Frederick Luster, Narval Mangal (Holcombe, Justin) (Entered: 02/26/2015) | |||
| 2015-02-27 | 37 | 0 | CERTIFICATE OF SERVICE of Discovery by Green Tree Servicing LLC.(Jackman, Stefanie) (Entered: 02/27/2015) | |||
| 2015-03-04 | 38 | 0 | CERTIFICATE OF SERVICE Of Defendant's First Request For Documents To Plaintiff And Defendant's First Interrogatories To Plaintiffs by Green Tree Servicing LLC.(Jackman, Stefanie) (Entered: 03/04/2015) | |||
| 2015-03-06 | 39 | 0 | ANSWER to 35 Amended Complaint by Green Tree Servicing LLC.(Jackman, Stefanie) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/06/2015) | |||
| 2015-03-23 | 40 | 0 | Joint MOTION for Order to Schedule Deadlines by Green Tree Servicing LLC, Frederick Luster, Narval Mangal. (Attachments: # 1 Text of Proposed Order)(Holcombe, Justin) (Entered: 03/23/2015) | |||
| 2015-03-23 | 41 | 0 | CONSENT SCHEDULING ORDER granting 40 Motion for Order of all parties to set a discovery period and pretrial deadlines. Any scheduling order previously entered in this case is hereby modified to reflect to following deadlines: Completion of Fact Discovery - April 1, 2016; Completion of Expert Discovery - September 1, 2016; Motion for Class Certification - September 1, 2016 and Dispositive Motions - November 1, 2016. Further requests for extensions of time are unlikely to be granted. Signed by Judge Eleanor L. Ross on 3/23/2015. (bdb) (Entered: 03/23/2015) | |||
| 2015-03-26 | 42 | 0 | CERTIFICATE OF SERVICE of Discovery by Green Tree Servicing LLC.(Jackman, Stefanie) (Entered: 03/26/2015) | |||
| 2015-04-06 | 43 | 0 | CERTIFICATE OF SERVICE of Discovery by Green Tree Servicing LLC.(Jackman, Stefanie) (Entered: 04/06/2015) | |||
| 2015-04-20 | 44 | 0 | CERTIFICATE OF SERVICE Plaintiffs' Responses to Defendant Green Tree Servicing LLC's First Interrogatories to Plaintiffs by Frederick Luster, Narval Mangal.(Holcombe, Justin) (Entered: 04/20/2015) | |||
| 2015-05-11 | 45 | 0 | CERTIFICATE OF SERVICE Plaintiffs' Responses to Defendant Green Tree Servicing LLC's Request for Documents to Plaintiff by Frederick Luster, Narval Mangal.(Holcombe, Justin) (Entered: 05/11/2015) | |||
| 2015-05-12 | 46 | 0 | CERTIFICATE OF SERVICE of Objections to Plaintiffs' Second Amended Notice of Depositions by Green Tree Servicing LLC.(Jackman, Stefanie) (Entered: 05/12/2015) | |||
| 2015-05-13 | 47 | 0 | CERTIFICATE OF SERVICE of Supplemental Document Production by Green Tree Servicing LLC.(Jackman, Stefanie) (Entered: 05/13/2015) | |||
| 2015-06-09 | 48 | 0 | Unopposed MOTION for Leave to File Oversized Brief by Frederick Luster, Narval Mangal. (Attachments: # 1 Text of Proposed Order)(Holcombe, Justin) (Entered: 06/09/2015) | |||
| 2015-06-09 | 49 | 0 | Unopposed MOTION to File Exhibit Under Seal by Frederick Luster, Narval Mangal. (Attachments: # 1 Text of Proposed Order)(Holcombe, Justin) Modified to add text on 6/10/2015 (bdb). (Entered: 06/09/2015) | |||
| 2015-06-16 | 50 | 0 | ORDER granting 48 Plaintiffs' Motion for Leave to File Oversized Brief in support of their motion to compel. Plaintiffs may file a motion to compel that is up to thirty pages long. Signed by Judge Eleanor L. Ross on 6/16/2015. (bdb) (Entered: 06/16/2015) | |||
| 2015-06-16 | 51 | 0 | ORDER denying 49 Plaintiffs' Unopposed Motion to File Exhibit Under Seal. This denial is without prejudice to a ruling on the merits should the Plaintiffs raise this issue in the proper manner permitted by the Court's prior directive. Signed by Judge Eleanor L. Ross on 6/16/2015. (bdb) (Entered: 06/16/2015) | |||
| 2015-06-19 | 52 | 0 | MOTION to Compel Discovery with Brief In Support by Frederick Luster, Narval Mangal. (Attachments: # 1 Exhibit Defendant Green Tree's Responses to Plaintiff's First Discovery Requests, # 2 Exhibit Defendant Green Tree's Responses to Plaintiff's Second Discovery Requests, # 3 Exhibit Confidential Document Redacted and subject to a motion to seal, # 4 Exhibit Affidavit of Robert A. Tolley)(Feagle, James) (Entered: 06/19/2015) | |||
| 2015-06-19 | 54 | 0 | Application for Leave of Absence for the following date(s): July 27, 2015 through July 31, 2015 by Stefanie H. Jackman. (Redocketed correctly from 53 ) (bdb) (Entered: 06/22/2015) | |||
| 2015-06-19 | 55 | 0 | UNOPPOSED MOTION to File Exhibit C Under Seal to their 52 MOTION to Compel Discovery by Frederick Luster, Narval Mangal. (bdb) (Additional attachment(s) added on 6/23/2015: # 1 Exhibit C) (bdb). (Entered: 06/23/2015) | |||
| 2015-06-25 | 56 | 0 | ORDER granting 55 Plaintiff's Motion to File Exhibit Under Seal subject to reconsideration at any time. Having reached a decision on this issue, the Court REFERS Plaintiffs' 52 pending Motion to Compel to the next available Magistrate Judge. Signed by Judge Eleanor L. Ross on 6/25/2015. (bdb) (Entered: 06/25/2015) | |||
| 2015-07-07 | 57 | 0 | CERTIFICATE OF SERVICE of Discovery by Green Tree Servicing LLC.(Jackman, Stefanie) (Entered: 07/07/2015) | |||
| 2015-07-08 | 58 | 0 | Consent MOTION for Extension of Time to File Response re: 52 MOTION to Compel Discovery by Green Tree Servicing LLC. (Attachments: # 1 Text of Proposed Order)(Jackman, Stefanie) (Entered: 07/08/2015) | |||
| 2015-07-13 | 59 | 0 | CERTIFICATE OF SERVICE of Supplemental Document Production b by Green Tree Servicing LLC.(Jackman, Stefanie) (Entered: 07/13/2015) | |||
| 2015-07-16 | 60 | 0 | RESPONSE in Opposition re 52 MOTION to Compel Discovery filed by Green Tree Servicing LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Jackman, Stefanie) (Entered: 07/16/2015) | |||
| 2015-08-03 | 61 | 0 | Consent MOTION for Extension of Time File Reply Brief re: 60 Response in Opposition to Motion, 52 MOTION to Compel Discovery by Frederick Luster, Narval Mangal. (Holcombe, Justin) (Entered: 08/03/2015) | |||
| 2015-08-13 | 62 | 0 | REPLY BRIEF re 52 MOTION to Compel Discovery filed by Frederick Luster, Narval Mangal. (Attachments: # 1 Affidavit Mapes Declaration, # 2 Supplement FCC Omnibus Declaratory Ruling, CG Docket 02-278, FCC 15-72)(Holcombe, Justin) (Entered: 08/13/2015) | |||
| 2015-08-14 | 63 | 0 | PLAINTIFF'S UNOPPOSED MOTION to Seal Exhibit B in re: 52 MOTION to Compel Discovery by Frederick Luster, Narval Mangal. (Attachments: # 1 Text of Proposed Order)(bdb) (Additional attachment(s) added on 8/18/2015: # 2 Exhibit B FILED UNDER SEAL) (bdb). (Entered: 08/18/2015) | |||
| 2015-08-24 | 64 | 0 | ORDER denying without prejudice 63 Unopposed Motion to Seal Exhibit. Plaintiffs may file a new, sufficiently supported motion to file their exhibit under seal discussing what standard governs the Court's ruling on the request and the basis for its application, including the impact of the Joint Protective Order on the Court's analysis, within TEN (10) DAYS of the date of entry of this Order. Defendant may file a response within TEN (10) DAYS of the date Plaintiffs file any such new motion. The Clerk is DIRECTED to re-submit the Motion to Compel 52 to the undersigned TWENTY-ONE (21) DAYS from the date of entry of this Order. Signed by Magistrate Judge Gerrilyn G. Brill on 8/24/2015. (bdb) (Entered: 08/24/2015) | |||
| 2015-08-31 | 65 | 0 | MOTION for Leave to File Sur-Reply in support of their 52 Motion to Compel Discovery by Green Tree Servicing LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jackman, Stefanie) Modified to add relationship on 9/2/2015 (bdb). (Entered: 08/31/2015) | |||
| 2015-09-03 | 66 | 0 | NOTICE Of Filing Motion to Compel by Frederick Luster, Narval Mangal re 64 Order on Motion to Seal Document,, 62 Reply Brief, (Attachments: # 1 Exhibit B)(Holcombe, Justin) (Entered: 09/03/2015) | |||
| 2015-09-17 | 67 | 0 | RESPONSE re 65 MOTION for Leave to File Sur-Reply in support of their Motion to Compel Discovery filed by Frederick Luster, Narval Mangal. (Attachments: # 1 Affidavit Supplemental Declaration of Jeremy Mapes, # 2 Affidavit Declaration of John Taylor from PossibleNow)(Holcombe, Justin) (Entered: 09/17/2015) | |||
| 2015-10-06 | 68 | 0 | MOTION for Oral Argument on Plaintiffs' 52 Motion to Compel by Green Tree Servicing LLC. (Jackman, Stefanie) (Entered: 10/06/2015) | |||
| 2015-10-09 | 69 | 0 | ORDER granting 68 Defendant's Motion for Oral Argument on Plaintiffs' 52 Motion to Compel Discovery and a time and place to be scheduled later. An order will issue in due course setting the Motion for argument. Signed by Magistrate Judge Gerrilyn G. Brill on 10/09/2015. (bdb) (Entered: 10/09/2015) | |||
| 2015-10-19 | 70 | 0 | ORDER directing the parties to appear for oral argument on 52 Plaintiff's Motion to Compel Discovery on Wednesday, October 28, 2015 at 1:30 p.m. in Courtroom No. 1834 (18th Floor), U.S. Courthouse Building, 75 Spring Street, S.W., Atlanta, Georgia. Signed by Magistrate Judge Gerrilyn G. Brill on 10/19/15. (ddm) (Entered: 10/19/2015) | |||
| 2015-10-30 | 72 | 0 | NOTICE of Appearance by Clifton Dorsen on behalf of Frederick Luster, Narval Mangal (Dorsen, Clifton) (Entered: 10/30/2015) | |||
| 2015-11-03 | 73 | 0 | TRANSCRIPT of the Oral Argument Hearing Proceedings held on October 28, 2015, before Judge Gerrilyn G. Brill. Court Reporter/Transcriber Andy Ashley, Telephone number 404-215-1478. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/24/2015. Redacted Transcript Deadline set for 12/4/2015. Release of Transcript Restriction set for 2/1/2016. (Attachments: # 1 Notice of Filing of Official Transcript) (kac) (Entered: 11/05/2015) | |||
| 2015-10-28 | 74 | 0 | Minute Entry for proceedings held before Magistrate Judge Gerrilyn G. Brill: Discovery and Motion Hearing held on 10/28/2015. 52 Motion to Compel granting in part and denying in part. The parties delivered oral argument concerning Plaintiffs' Motion to Compel Discovery 52 . Both Plaintiffs and Defendant were heard on the issues subject to the Motion and discussed in briefing the Motion. The Honorable Magistrate Judge Gerrilyn G. Brill GRANTED in part and DENIED in part the Motion. Judge Brill ordered Defendant to produce the dialer call list within thirty (30) days. Within seven (7) days of receiving the dialer call list, Plaintiffs shall scrub the list such that it can determine which entries reflect calls to cellular telephones. The parties shall then meet and confer to determine, consistent with Judge Brill's observations at oral argument, a subset of records to which Defendant will produce evidence regarding its affirmative defense of prior express consent, which may include Defendant's collection comments. The nature of and number of records within the subset should allow Plaintiffs an opportunity to make their case for class certification and on the merits of their claims, yet not be overly burdensome on Defendant to produce appropriately. The parties shall then inform the Court of the status of their efforts and arrange a telephone conference, if needed. Judge Brill found that documents in which Defendant's employees discussed the Telephone Consumer Protection Act and were responsive to Plaintiffs' discovery requests regarding willfulness under the Act were relevant. Defendant shall produce those documents not subject to privilege or other protection, as well as a privilege log of unproduced documents. Judge Brill found that Plaintiff was not entitled to additional documents it sought concerning the equipment Defendant uses to dial phone numbers, as its requests in this regard are overbroad and disproportionately burdensome given what information Defendant would likely produce. Defendant shall produce any documents it intends to rely on to disprove that its equipment is an automatic telephone dialing system under the Act. Plaintiffs shall provide a draft order reflecting Judge Brill's rulings to chambers via e-mail within seven (7) days. (Court Reporter Andy Ashley)(fap) (Entered: 11/05/2015) | |||
| 2015-11-13 | 75 | 0 | ORDER GRANTING IN PART and DENYING IN PART 52 MOTION to Compel Discovery filed by Narval Mangal, Frederick Luster. Parties shall submit a joint written status report by December 21, 2015, detailing their progress and proposal for production. Telephone Status Conference set for 12/23/2015 at 01:30 PM before Magistrate Judge Gerrilyn G. Brill. (See order for specific deadlines) Signed by Magistrate Judge Gerrilyn G. Brill on 11/13/2015. (bdb) (Entered: 11/16/2015) | |||
| 2015-12-01 | 76 | 0 | NOTICE of Appearance by Daniel L. Delnero on behalf of Green Tree Servicing LLC (Delnero, Daniel) (Entered: 12/01/2015) | |||
| 2015-12-01 | 77 | 0 | Consent MOTION for Order Modifying Deadlines Set Forth in the Court's November 13, 2015 Order by Green Tree Servicing LLC. (Attachments: # 1 Text of Proposed Order)(Jackman, Stefanie) (Entered: 12/01/2015) | |||
| 2015-12-03 | 78 | 0 | ORDER granting 77 Consent Motion for Order Modifying 11/13/2015 Order on Plaintiffs' 75 Motion to Compel. It is modified as follows: Green Tree will have through December 7, 2015 to produce the Aspect dialer call data for all calls made by Green Tree from June 6, 2010 through February 17, 2015; The parties will meet and confer regarding the scope of Green Tree's production of information after Plaintiffs scrub the call data between December 14, 2015 through December 27, 2015; and The parties will submit a joint status report to the Court on December 27, 2015. Signed by Magistrate Judge Gerrilyn G. Brill on 12/3/2015. (bdb) (Entered: 12/04/2015) | |||
| 2015-12-08 | 79 | 0 | CERTIFICATE OF SERVICE of Discovery Response by Green Tree Servicing LLC.(Jackman, Stefanie) (Entered: 12/08/2015) | |||
| 2015-12-16 | 80 | 0 | ORDER re 52 MOTION to Compel Discovery filed by Narval Mangal, Frederick Luster. Telephone Conference set for Monday, 12/21/2015 at 03:30 PM before Magistrate Judge Gerrilyn G. Brill. Counsel for the parties may contact chambers for contact information in advance of the hearing. Signed by Magistrate Judge Gerrilyn G. Brill on 12/15/2015. (bdb) (Entered: 12/17/2015) | |||
| 2015-12-21 | 81 | 0 | Amended Minute Entry for proceedings held before Magistrate Judge Gerrilyn G. Brill: Status Conference held via Telephone Conference on 12/21/2015. At the Plaintiffs' request, counsel for the parties convened for a telephone conference to discuss the sufficiency of Defendant's compliance with the November 13, 2015 and December 3, 2015 Orders of The Honorable Magistrate Judge Gerrilyn G. Brill concerning Plaintiffs' Motion to compel discovery. [Docs. 75 , 78 ). Both Plaintiffs and Defendant were heard on the issues of concern. Judge Brill determined that any ruling regarding Defendant's production of call list data would be premature because Plaintiffs' information technology consultant had not yet tried to extract the data from Defendant's production, and that an extension of the discovery period would likely be required. Judge Brill further directed the parties to meet and confer diligently regarding the protocol for searching electronically-stored information concerning Plaintiffs' willfulness argument and Defendant's subsequent production of responsive information and a privilege log. Judge Brill ORDERED that the parties appear via telephone for another status conference on January 6, 2015, at 3:00 p.m. (Court Reporter Andy Ashley) (ams) (bdb). Modified to correct filed date and to attach minutes on 12/29/2015 (bdb). (Entered: 12/28/2015) | |||
| 2016-01-11 | 82 | 0 | Minute Entry for proceedings held before Magistrate Judge Gerrilyn G. Brill: Status Conference held on 1/11/2016. The parties agreed to convene via telephone again for a status conference, at the Court's direction, within the next several weeks. (Court Reporter Debra Bull)(tcc) (Entered: 01/11/2016) | |||
| 2016-02-10 | 83 | 0 | Consent MOTION for Extension of Time Scheduling Order by Frederick Luster. (Dorsen, Clifton) Modified on 2/11/2016 to edit motion type(kdw). (Entered: 02/10/2016) | |||
| 2016-02-22 | 84 | 0 | MAGISTRATE JUDGE'S INSTRUCTIONS Regarding Management of Civil Cases signed by Magistrate Judge John K Larkins, III on 2/22/16. (kdw) (Entered: 02/22/2016) | |||
| 2016-02-22 | 85 | 0 | ORDER GRANTING 83 Consent Motion to Extend Scheduling Order. Completion of Fact Discovery deadline is October 1, 2016. Completion of Expert Discovery deadline is March 1, 2017. Motion for Class Certification is due March 1, 2017. Dispositive Motions are due May 1, 2017. Consolidated Pretrial Order is due May 15, 2017. If a Motion for Summary Judgment is filed, Consolidated (Proposed) Pretrial Order is due 30 days after Order on Motion(s) for Summary Judgment. The Clerk is DIRECTED to submit this action by May 17, 2017, if the Parties have not filed a Motion for Summary Judgment or Proposed Consolidated Pretrial Order. Signed by Judge Eleanor L. Ross on 2/22/16. (kdw) (Entered: 02/22/2016) | |||
| 2016-02-24 | 86 | 0 | Minute Entry for proceedings held before Magistrate Judge John K Larkins, III: Status Conference held on 2/24/2016. Counsel for the parties convened via telephone for a status conference to discuss the parties' compliance with this Court's orders dated November 13, 2015 and December 3, 2015, concerning the Plaintiffs' motion to compel discovery. Both Plaintiffs and Defendant were heard on issues of concern. Defendant's counsel agreed to confer with Plaintiffs' counsel within one week to provide an update on the production of certain materials, and to confirm that certain materials relevant to the named Plaintiffs had been produced previously. No further issues required the Court's intervention at this time. The Parties agreed to convene again via telephone in three to four weeks, at the Court's direction, for another status conference. (Court Reporter Andy Ashley)(kdw) (Entered: 02/24/2016) | |||
| 2016-04-04 | 87 | 0 | Minute Entry for proceedings held before Magistrate Judge John K Larkins, III: Status Conference held on 4/4/2016 via telephone to discuss the parties' compliance with this Court's orders dated November 13, 2015 and December 3, 2015, concerning the Plaintiffs' motion to compel discovery. Both Plaintiffs and Defendant were heard on issues of concern regarding the production of certain historical data sent to a dialer and the production of data within two databases, the GTA and GTFC4 (or GTSV4) databases. The Court directed Defendant, within 14 days, to identify and disclose to Plaintiffs the data fields that exist within the GTA and GTFC4 databases. To the extent there are custom data fields in Defendant's Aspect databases, and Plaintiffs cannot identify what they mean, Plaintiffs should provide a list of those fields to Defendant so that Defendant can provide an explanation. Defendant indicated that, by the end of this week, it intended to give a status update to Plaintiffs about the historical dialer data. The Court instructed Defendant to send its status update to the Court as well. The Court declined to instruct Defendant to provide unredacted account information for the accounts related to Plaintiff Luster at this time. (Court Reporter Wynette Blathers)(kdw) (Entered: 04/04/2016) | |||
| 2016-06-13 | 88 | 0 | Minute Entry for proceedings held before Magistrate Judge John K Larkins, III: Discovery Hearing held on 6/13/2016. The parties were heard on issues of concern. Plaintiffs expressed concern about whether Defendant's production was complete regarding the types of data that Defendant maintains on consent and the data that it has for the accounts on which Plaintiffs were called. The Court determined that Plaintiffs' concerns would be best addressed through a Rule 30(b)(6) deposition of a witness or witnesses educated to address those topics. Thus, the Court ordered that, within 14 days, Plaintiffs shall serve a notice of a Rule 30(b)(6) deposition describing the topics for examination. Within 14 days of service of the notice, Defendant shall designate a witness or witnesses. The Rule 30(b)(6) depositions shall take place on or before July 29, 2016, and the depositions will not count against Plaintiffs' one-day limit for purposes of Rule 30(d)(1). (Tape #FTR)(kxw) (Entered: 06/14/2016) | |||
| 2016-09-12 | 89 | 0 | Consent MOTION for Extension of Time to the Deadlines Set Forth in the Court's February 22, 2016 Order by Green Tree Servicing LLC. (Attachments: # 1 Exhibit A - Proposed Order)(Jackman, Stefanie) (Entered: 09/12/2016) | |||
| 2016-09-21 | 90 | 0 | ORDER GRANTING 89 Consent Motion for Extension of Time to the Deadlines Set Forth in the Court's February 22, 2016 Order. Completion of Fact Discovery - February 1, 2017. Completion of Expert Discovery - July 3, 2017. Motion for Class Certification - July 3, 2017. Dispositive Motions - September 1, 2017. Consolidated Pretrial Order - September 15, 2017. Signed by Judge Eleanor L. Ross on 9/21/16. (kxw) (Entered: 09/21/2016) | |||
| 2016-11-07 | 91 | 0 | MOTION to Compel Discovery or alternatively for sanctions with Brief In Support by Frederick Luster, Narval Mangal. (Attachments: # 1 Exhibit A, # 2 Exhibit B (placeholder), # 3 Exhibit C (placeholder), # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Holcombe, Justin) (Entered: 11/07/2016) | |||
| 2016-11-07 | 92 | 0 | Unopposed MOTION for Leave to File Matters Under Seal re: 91 MOTION to Compel Discovery or alternatively for sanctions with Brief In Support by Frederick Luster, Narval Mangal. (Attachments: # 1 Text of Proposed Order)(Holcombe, Justin) (Entered: 11/07/2016) | |||
| 2016-11-08 | 93 | 0 | NOTICE Of Filing Motion for Leave to File Documents Under Seal by Frederick Luster, Narval Mangal re 91 MOTION to Compel Discovery or alternatively for sanctions (Attachments: # 1 Unredacted Motion to Compel Discovery or alternatively for sanctions [Doc. 91])(Holcombe, Justin) Modified on 11/14/2016 to edit text and document security per 96 Order(kxw). (Entered: 11/08/2016) | |||
| 2016-11-08 | 94 | 0 | DEPOSITION of Roger Sparks taken on May 15, 2015 by Frederick Luster, Narval Mangal.(Holcombe, Justin) Modified on 11/14/2016 to edit text and document security per 96 Order (kxw). (Entered: 11/08/2016) | |||
| 2016-11-08 | 95 | 0 | DEPOSITION of Mike Nelson taken on July 27, 2016 by Frederick Luster, Narval Mangal.(Holcombe, Justin) Modified on 11/14/2016 to edit text and document security per 96 Order(kxw). (Entered: 11/08/2016) | |||
| 2016-11-10 | 96 | 0 | ORDER DENYING 92 Unopposed Motion for Leave to File Motion and Exhibits Under Seal. Usually, upon making a determination that the documents should not be sealed, the Court would simply return the materials that a party desires to be sealed. Here, however, Plaintiffs have filed the motion and entire transcripts of the Sparks and Nelson depositions through CM/ECF as provisionally sealed. Because there is no good cause for sealing those documents, the Court ORDERS that the provisionally sealed Documents 93, 94, and 95 be UNSEALED. Signed by Magistrate Judge John K Larkins, III on 11/10/16. (kxw) (Entered: 11/14/2016) | |||
| 2016-11-21 | 97 | 0 | RESPONSE in Opposition re 91 MOTION to Compel Discovery or alternatively for sanctions filed by Green Tree Servicing LLC. (Delnero, Daniel) (Entered: 11/21/2016) | |||
| 2016-11-28 | 98 | 0 | REPLY BRIEF re 91 MOTION to Compel Discovery or alternatively for sanctions filed by Frederick Luster, Narval Mangal. (Attachments: # 1 Exhibit J, Emails)(Holcombe, Justin) (Entered: 11/28/2016) | |||
| 2016-12-21 | 99 | 0 | Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Frederick Luster, Narval Mangal. (Attachments: # 1 Text of Proposed Order)(Feagle, James) (Entered: 12/21/2016) | |||
| 2016-12-21 | 100 | 0 | ORDER granting 99 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 12/22/2016 at 10:00 a.m. It is ORDERED that Mr. Burke may enter the courthouse with a cellular telephone and a laptop computer on Thursday, December 22, 2016. Signed by Magistrate Judge John K Larkins, III on 12/21/2016. (rjs) (Entered: 12/21/2016) | |||
| 2016-12-22 | 101 | 0 | ORDER granting in part the 91 Motion to Compel. (See order for specifics.) Signed by Magistrate Judge John K Larkins, III on 12/22/16. (aaq) (Entered: 12/22/2016) | 2017-10-16 15:54:57 | a67c9fe217b6267e838fe4f54a805e4537345a31 | |
| 2016-12-22 | 102 | 0 | Minute Entry for proceedings held before Magistrate Judge John K Larkins, III: Discovery Hearing held on 12/22/2016. Oral argument was heard on Plaintiffs' motion to compel. The Court GRANTED IN PART the motion to compel, (Doc. 91 ), as set forth by separate order. (Court Reporter Shannon Welch)(aaq) (Entered: 12/22/2016) | |||
| 2017-01-18 | 103 | 0 | Consent MOTION for Extension of Time to Complete Discovery by Green Tree Servicing LLC. (Attachments: # 1 Text of Proposed Order)(Delnero, Daniel) (Entered: 01/18/2017) | |||
| 2017-01-25 | 104 | 0 | ORDER granting the 103 Motion for Extension of Time to Complete Discovery. Discovery extended to 3/31/2017. The Defendant shall have through and including February 21, 2017 to make the production ordered by this Court's December 22, 2016 Order (Doc. No. 101 ). Signed by Judge Eleanor L. Ross on 01/25/17. (aaq) (Entered: 01/25/2017) | |||
| 2017-02-17 | 105 | 0 | Consent MOTION for Extension of Time to Complete Discovery by Green Tree Servicing LLC. (Attachments: # 1 Text of Proposed Order)(Jackman, Stefanie) (Entered: 02/17/2017) | |||
| 2017-03-07 | 106 | 0 | ORDER GRANTING 105 Motion for Extension of Time to Complete Discovery. Discovery ends on 5/15/2017. The Defendant shall have through and including 3/31/17 to make the production ordered by this Court's 12/22/16 Order. See Order for more details. Signed by Judge Eleanor L. Ross on 3/7/17. (bnw) (Entered: 03/07/2017) | |||
| 2017-03-31 | 107 | 0 | Consent MOTION for Extension of Time to Complete Discovery by Green Tree Servicing LLC. (Attachments: # 1 Text of Proposed Order)(Jackman, Stefanie) (Entered: 03/31/2017) | |||
| 2017-04-04 | 108 | 0 | ORDER granting 107 Motion for Extension of Time to Complete Discovery. Discovery ends on 5/29/2017. The Defendant shall have through and including April 14, 2017 to make the consent data production ordered by this Court's 101 December 22, 2016 Order. Signed by Judge Eleanor L. Ross on 4/4/2017. (cmd) (Entered: 04/04/2017) | |||
| 2017-05-05 | 109 | 0 | Consent MOTION for Extension of Time to Complete Discovery by Green Tree Servicing LLC. (Attachments: # 1 Text of Proposed Order)(Jackman, Stefanie) (Entered: 05/05/2017) | |||
| 2017-05-05 | 110 | 0 | ORDER granting 109 Motion for Extension of Time to Complete Discovery. Discovery ends on 6/30/2017. Signed by Judge Eleanor L. Ross on 5/5/2017. (cmd) (Entered: 05/05/2017) | |||
| 2017-06-15 | 111 | 0 | Consent MOTION for Extension of Time to Complete Discovery and Extend Discovery Deadlines by Frederick Luster, Narval Mangal. (Attachments: # 1 Text of Proposed Order)(Feagle, James) (Entered: 06/15/2017) | |||
| 2017-06-19 | 112 | 0 | ORDER GRANTING the 111 Motion for Extension of Time to Complete Discovery. Discovery ends on 7/31/2017. Plaintiffs shall have until 8/21/2017 to complete their expert report. Defendant shall have until 9/11/2017 to complete its expert report. Plaintiffs shall have until 9/25/2017 to complete their rebuttal expert report. The parties shall have until 10/16/2017 to complete expert depositions. Signed by Judge Eleanor L. Ross on 6/16/2017. (cmd) (Entered: 06/19/2017) | |||
| 2017-07-28 | 113 | 0 | Consent MOTION for Extension of Time to Complete Discovery by Green Tree Servicing LLC. (Attachments: # 1 Text of Proposed Order)(Jackman, Stefanie) (Entered: 07/28/2017) | |||
| 2017-08-07 | 114 | 0 | Amended Initial Disclosures by Frederick Luster.(Dorsen, Clifton) (Entered: 08/07/2017) | |||
| 2017-08-15 | 115 | 0 | ORDER GRANTING the 113 Consent Motion for Extension of Time to Complete Discovery. The discovery period concerning fact discovery is hereby EXTENDED through and including 8/31/2017. Signed by Judge Eleanor L. Ross on 8/15/2017. (cmd) (Entered: 08/15/2017) | |||
| 2017-08-21 | 116 | 0 | Unopposed MOTION for Extension of Time for Plaintiffs to Submit their Expert Report by Frederick Luster, Narval Mangal. (Attachments: # 1 Text of Proposed Order)(Burke, Alexander) (Entered: 08/21/2017) | |||
| 2017-08-22 | 117 | 0 | ORDER granting 116 Motion for Extension of Time. Plaintiffs shall have until August 28, 2017, to complete their expert report; Defendant shall have until September 18, 2017, to complete its expert report; Plaintiffs shall have until October 2, 2017, to complete their rebuttal expert report; and The Parties shall have until October 23, 2017, to complete expert depositions. Signed by Judge Eleanor L. Ross on 8/22/17. (jpa) (Entered: 08/23/2017) |