| Court: | gand |
| Docket #: | 1:15-cv-04231 |
| Case Name: | Prather et al v. Wells Fargo Bank, N.A. et al |
| PACER case #: | 222417 |
| Date filed: | 2015-12-04 |
| Assigned to: | Judge Steve C Jones |
| 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 |
| Nakia Nixon Plaintiff TERMINATED: 05/10/2016 |
Alexander H. Burke Daniel M. Hutchinson Douglas J. Campion James Marvin Feagle Jonathan D. Selbin Justin Tharpe Holcombe Kris Kelly Skaar Matthew R. Wilson Michael Joseph Boyle , Jr. |
| Jesse Prather Plaintiff |
Alexander H. Burke Andrew R. Kaufman Daniel M. Hutchinson Douglas J. Campion James Marvin Feagle Jonathan D. Selbin Justin Tharpe Holcombe Keith James Keogh Kris Kelly Skaar Matthew R. Wilson Michael Joseph Boyle , Jr. |
| John W. Prather Plaintiff on behalf of themselves and all others similarly situated |
Alexander H. Burke Daniel M. Hutchinson Douglas J. Campion James Marvin Feagle Jonathan D. Selbin Justin Tharpe Holcombe Kris Kelly Skaar Matthew R. Wilson Michael Joseph Boyle , Jr. |
| Wells Fargo Bank, N.A. Defendant |
Chad R. Fuller David M. Gettings John C. Lynch Stephen William Riddell |
| Wells Fargo Education Financial Services Defendant |
Chad R. Fuller David M. Gettings John C. Lynch Stephen William Riddell |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-12-04 | 1 | 0 | NOTICE OF REMOVAL with COMPLAINT filed by Wells Fargo Bank, N.A. and Wells Fargo Education Financial Services. (Filing fee $ 400.00 receipt number 113E-6177344) (Attachments: # 1 Exhibit, # 2 Notice of Filing, # 3 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 12/07/2015) | |||
| 2015-12-04 | 2 | 0 | Certificate of Interested Persons and Corporate Disclosure Statement by Wells Fargo Bank, N.A. and Wells Fargo Education Financial Services identifying Other Affiliate, Wells Fargo & Company for Wells Fargo Bank, N.A.. (eop) (Entered: 12/07/2015) | |||
| 2015-12-11 | 3 | 0 | Consent MOTION for Extension of Time by Wells Fargo Bank, N.A.. (Attachments: # 1 Memorandum in Support, # 2 Consent Order)(Riddell, Stephen) (Entered: 12/11/2015) | |||
| 2015-12-14 | 4 | 0 | APPLICATION for Admission of John C. Lynch Pro Hac Vice (Application fee $ 150, receipt number 113E-6190509)by Wells Fargo Bank, N.A.. (Riddell, Stephen) (Entered: 12/14/2015) | |||
| 2015-12-14 | 5 | 0 | APPLICATION for Admission of David M. Gettings Pro Hac Vice (Application fee $ 150, receipt number 113E-6190599)by Wells Fargo Bank, N.A.. (Riddell, Stephen) (Entered: 12/14/2015) | |||
| 2015-12-14 | 6 | 0 | APPLICATION for Admission of Chad R. Fuller Pro Hac Vice (Application fee $ 150, receipt number 113E-6190629)by Wells Fargo Bank, N.A.. (Riddell, Stephen) (Entered: 12/14/2015) | |||
| 2015-12-16 | 7 | 0 | APPLICATION for Admission of Matthew Ryan Wilson Pro Hac Vice (Application fee $ 150, receipt number 113E-6195358)by Nakia Nixon, Jesse Prather, John W. Prather. (Feagle, James) (Entered: 12/16/2015) | |||
| 2015-12-16 | 8 | 0 | APPLICATION for Admission of Michael Joseph Boyle, Jr. Pro Hac Vice (Application fee $ 150, receipt number 113E-6195372)by Nakia Nixon, Jesse Prather, John W. Prather. (Feagle, James) (Entered: 12/16/2015) | |||
| 2015-12-17 | 9 | 0 | ORDER REASSIGNING CASE. Case reassigned to Judge Eleanor L. Ross for all further proceedings. Judge Charles A. Pannell, Jr no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:15-cv-04231-ELR. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Charles A. Pannell, Jr on 12/17/2015. (tcc) (Entered: 12/17/2015) | |||
| 2015-12-18 | 10 | 0 | ANSWER to 1 NOTICE OF REMOVAL With Complaint by Wells Fargo Bank, N.A.. Discovery ends on 5/16/2016.(Riddell, Stephen) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/18/2015) | |||
| 2015-12-22 | 11 | 0 | ORDER OF RECUSAL. Judge Eleanor L. Ross recused. Case reassigned to Judge Steve C. Jones for all further proceedings. --NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:15-cv-4231-SCJ. Please make note of this change in order to facilitate the docketing of pleadings in this case.-- Signed by Judge Eleanor L. Ross on 12/22/2015. (bdb) (Entered: 12/22/2015) | |||
| 2016-01-14 | 12 | 0 | Court's Notice of Filing INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE STEVE C. JONES. (pdw) (Entered: 01/14/2016) | |||
| 2016-03-03 | 13 | 0 | ORDER: The parties file, jointly, a Preliminary Planning Report and Discovery Plan within ten (10) days of the entry of this Order. Failure to comply with this Order may result in the imposition of sanctions including dismissal of the case or entry of default judgment. The Clerk is directed to submit this matter to the undersigned if the parties fail to comply. Signed by Judge Steve C Jones on 03/03/16.(aaq) (Entered: 03/03/2016) | |||
| 2016-03-11 | 14 | 0 | JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Wells Fargo Bank, N.A., Wells Fargo Education Financial Services. (Gettings, David) (Entered: 03/11/2016) | |||
| 2016-05-04 | 15 | 0 | Consent MOTION for Leave to File Amended Complaint by Nakia Nixon, Jesse Prather, John W. Prather. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Proposed Amended Complaint)(Holcombe, Justin) (Entered: 05/04/2016) | |||
| 2016-05-05 | 16 | 0 | Joint MOTION to Stay by Wells Fargo Bank, N.A., Wells Fargo Education Financial Services. (Attachments: # 1 Text of Proposed Order)(Riddell, Stephen) (Entered: 05/05/2016) | |||
| 2016-05-10 | 17 | 0 | ORDER granting 15 Consent Motion for Leave to File Amended Complaint. With Defendants' written consent and as justice requires, Plaintiffs Jessie Prather and John Prather are hereby GRANTED leave to file an Amended Complaint for the limited purpose of removing Nakia Nixon as a party to the litigation. Nakia Nixons claims in this lawsuit are hereby dismissed with prejudice. Signed by Judge Steve C. Jones on 5/10/16. (bnw) (Entered: 05/10/2016) | |||
| 2016-05-10 | 18 | 0 | AMENDED COMPLAINT against Wells Fargo Bank, N.A. and Wells Fargo Education Financial Services with Jury Demand filed by Jesse Prather and John W. Prather.(bnw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 05/10/2016) | |||
| 2016-05-10 | 19 | 0 | ORDER STAYING CASE: The Lawsuit and the associated discovery deadlines are hereby STAYED until July 15, 2016 so the Parties can pursue voluntary mediation. By July 11, 2016, the Parties shall provide a joint status report to the Court updating the Court on the status of the Parties private mediation; and Based on the Parties representations in their joint status report, the Court will set a status conference with the Parties to address the litigation deadlines following this stay. Signed by Judge Steve C Jones on 5/10/16. (bnw) (Entered: 05/10/2016) | |||
| 2016-05-24 | 20 | 0 | ANSWER to 18 Amended Complaint by Wells Fargo Bank, N.A., Wells Fargo Education Financial Services.(Riddell, Stephen) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/24/2016) | |||
| 2016-07-11 | 21 | 0 | STATUS REPORT (Joint) by Wells Fargo Bank, N.A., Wells Fargo Education Financial Services. (Attachments: # 1 Text of Proposed Order)(Riddell, Stephen) (Entered: 07/11/2016) | |||
| 2016-07-12 | 22 | 0 | ORDER STAYING CASE- The stay in this matter shall continue until August 12, 2016 to allow the parties to continue the progress they have already made to date in their private mediations and continue to pursue settlement of the present case. By August 12, 2016, the parties will submit an additional status report updating the Court on the status of the parties' settlement negotiations. Signed by Judge Steve C Jones on 7/12/2016. (rjs) (Entered: 07/12/2016) | |||
| 2016-08-12 | 23 | 0 | STATUS REPORT Joint by Jesse Prather, John W. Prather. (Attachments: # 1 Text of Proposed Order)(Hutchinson, Daniel) (Entered: 08/12/2016) | |||
| 2016-08-15 | 24 | 0 | ORDER STAYING CASE- The stay in this matter shall continue until October 31, 2016 to allow the parties to continue the progress they have already made to date in their private mediations and continue to pursue settlement of the present case. By October 31, 2016, the parties will submit an additional status report updating the Court on the status of the parties' settlement negotiations. Signed by Judge Steve C Jones on 8/15/2016. (rjs) (Entered: 08/15/2016) | |||
| 2016-10-31 | 25 | 0 | STATUS REPORT Joint by Jesse Prather, John W. Prather. (Attachments: # 1 Text of Proposed Order)(Hutchinson, Daniel) (Entered: 10/31/2016) | |||
| 2016-11-01 | 26 | 0 | ORDER - The stay in this matter shall continue until January 6, 2017 to allow the Parties to continue the progress they have already made to date in their private mediations and continue to pursue settlement of the present case. By January 6, 2017, the Parties will submit an additional status report updating the Court on the status of the parties' settlement negotiations. Signed by Judge Steve C Jones on 10/31/2016. (rjs) (Entered: 11/01/2016) | |||
| 2017-01-06 | 27 | 0 | STATUS REPORT (Joint) by Wells Fargo Bank, N.A., Wells Fargo Education Financial Services. (Riddell, Stephen) (Entered: 01/06/2017) | |||
| 2017-01-11 | 28 | 0 | ORDER - The Court EXTENDS the stay of this case to January 31, 2017. On said date, the parties shall file a Motion for Preliminary Approval of Class Action Settlement or an additional status report updating the Court on the status of settlement. Signed by Judge Steve C Jones on 1/10/2017. (rjs) (Entered: 01/11/2017) | |||
| 2017-01-27 | 29 | 0 | APPLICATION for Admission of Keith J. Keogh Pro Hac Vice (Application fee $ 150, receipt number 113E-6940555)by Jesse Prather. (Feagle, James) Modified on 1/30/2017 to edit filer information (rjs). (Entered: 01/27/2017) | |||
| 2017-01-31 | 30 | 0 | STATUS REPORT (Joint) by Wells Fargo Bank, N.A., Wells Fargo Education Financial Services. (Riddell, Stephen) (Entered: 01/31/2017) | |||
| 2017-01-31 | 31 | 0 | APPLICATION for Admission of Andrew R. Kaufman Pro Hac Vice (Application fee $ 150, receipt number 113E-6947237)by Jesse Prather. (Holcombe, Justin) Modified on 2/1/2017 to edit filer information (rjs). (Entered: 01/31/2017) | |||
| 2017-02-15 | 32 | 0 | CERTIFICATE OF SERVICE of Plaintiffs' First Set of Requests for Production of Documents to Defendant Wells Fargo Bank, N.A. by Jesse Prather, John W. Prather.(Hutchinson, Daniel) (Entered: 02/15/2017) | |||
| 2017-02-17 | 33 | 0 | APPLICATION for Admission of Aaron D Radbil Pro Hac Vice (Application fee $ 150, receipt number 113E-6982049)by Jesse Prather, John W. Prather. (Holcombe, Justin) (Entered: 02/17/2017) | |||
| 2017-02-17 | 34 | 0 | APPLICATION for Admission of Michael L Greenwald Pro Hac Vice (Application fee $ 150, receipt number 113E-6982094)by Jesse Prather, John W. Prather. (Holcombe, Justin) (Entered: 02/17/2017) | |||
| 2017-02-22 | 35 | 0 | MOTION for Settlement Plaintiffs' Motion for Preliminary Approval of Class Action Settlement with Brief In Support by Jesse Prather, John W. Prather. (Attachments: # 1 Exhibit A--Settlement Agreement, # 2 Exhibit B--Memorandum in Support of Preliminary Approval, # 3 Text of Proposed Order Exhibit C--Proposed Preliminary Approval Order, # 4 Exhibit D--Declaration of Carla A. Peak, # 5 Exhibit E--Proposed Long Form Notice, # 6 Exhibit F--Proposed Postcard Notice, # 7 Exhibit G--Proposed Claim Form, # 8 Exhibit H--Proposed Final Approval Order)(Boyle, Michael) (Entered: 02/22/2017) | |||
| 35 | 1 | Exhibit A--Settlement Agreement | 2017-02-23 09:48:08 | 5f5933f2589626b3432f15080356922d957ab521 | ||
| 35 | 2 | Exhibit B--Memorandum in Support of Preliminary Approval | ||||
| 35 | 3 | Text of Proposed Order Exhibit C--Proposed Preliminary Approval Order | ||||
| 35 | 4 | Exhibit D--Declaration of Carla A. Peak | ||||
| 35 | 5 | Exhibit E--Proposed Long Form Notice | ||||
| 35 | 6 | Exhibit F--Proposed Postcard Notice | ||||
| 35 | 7 | Exhibit G--Proposed Claim Form | ||||
| 35 | 8 | Exhibit H--Proposed Final Approval Order | ||||
| 2017-02-24 | 36 | 0 | ORDER granting 35 Motion for Preliminary Approval of the Proposed Class Action Settlement. On August 30, 2017 2 p.m., in Courtroom 1907 of the Richard B. Russell Federal Building and United States Courthouse, this Court will hold a Final Approval Hearing. No later than April 24, 2017, Plaintiffs must file papers in support of Class Counsel's application for attorneys' fees and expenses, and the incentive awards to the Class Representatives. No later August 16, 2017, which is fourteen (14) days prior to the Final Approval Hearing, Plaintiffs must file papers in support of final approval of the Settlement and respond to any written objections. Defendant may (but is not required to) file papers in support of final approval of the Settlement, so long as it does so no later than August 16, 2017. (See Order for specifics) Signed by Judge Steve C Jones on 2/24/2017. (rjs) (Entered: 02/24/2017) |