Case details

Court: insd
Docket #: 1:13-cv-00418
Case Name: GREEN v. MONARCH RECOVERY MANAGEMENT, INC. et al
PACER case #: 45344
Date filed: 2013-03-13
Date terminated: 2015-09-30
Assigned to: Judge Sarah Evans Barker
Referred to: Magistrate Judge Mark J. Dinsmore
Case Cause: 15:1692 Fair Debt Collection Act
Nature of Suit: 890 Other Statutory Actions
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
EVA M. GREEN
Plaintiff
Individually and on behalf of all other similarly situated.
Angie K. Robertson
PHILIPPS AND PHILIPPS, LTD. 9760 S. Roberts Road Suite One Palos Hills, IL 60465 708-974-2900 Fax: (708)974-2907 Email: angiekrobertson@aol.com
ATTORNEY TO BE NOTICED

Mary E. Philipps
PHILIPPS AND PHILIPPS, LTD. 9760 S. Roberts Road Suite One Palos Hills, IL 60465 (708) 974-2900 Fax: 708-974-2907 Email: mephilipps@aol.com
ATTORNEY TO BE NOTICED

Steven James Halbert
11805 N. Pennsylvania Street Americenters Building Carmel, IN 46032 (317) 706-6762 Fax: (317) 706-6763 Email: shalbertlaw@gmail.com
ATTORNEY TO BE NOTICED

David J. Philipps
PHILIPPS AND PHILIPPS, LTD. 9760 S. Roberts Road Suite One Palos Hills, IL 60465 (708) 974-2900 Fax: 708-974-2907 Email: davephilipps@aol.com
ATTORNEY TO BE NOTICED

MONARCH RECOVERY MANAGEMENT, INC.
Defendant
a Pennsylvania corporation
Paul Gamboa
GORDON & REES LLP One North Franklin Suite 800 Chicago, IL 60606 (312) 565-1400 Fax: (312) 565-6511 Email: pgamboa@gordonrees.com
ATTORNEY TO BE NOTICED

Ryan T. Brown
GORDON & REES, LLP 1 North Franklin Suite 800 Chicago, IL 60606 312-980-6762 Fax: 312-565-6511 Email: rtbrown@gordonrees.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-03-13 1 0 Complaint COMPLAINT against DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC., filed by EVA M. GREEN. (Filing fee $350, receipt number 0756-2614395) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Proposed Summons Defendant Monarch, # 9 Proposed Summons Defendant DHC)(Philipps, David) (Entered: 03/13/2013)
2013-03-13 2 0 Notice of Appearance NOTICE of Appearance by David J. Philipps on behalf of Plaintiff EVA M. GREEN. (Philipps, David) (Entered: 03/13/2013)
2013-03-13 3 0 Notice of Appearance NOTICE of Appearance by Mary E. Philipps on behalf of Plaintiff EVA M. GREEN. (Philipps, Mary) (Entered: 03/13/2013)
2013-03-13 4 0 Notice of Appearance NOTICE of Appearance by Steven James Halbert on behalf of Plaintiff EVA M. GREEN. (Halbert, Steven) (Entered: 03/13/2013)
2013-03-13 5 0 Summons Issued Summons Issued as to Defendants DHC CONSULTING SERVICES, LLC, and MONARCH RECOVERY MANAGEMENT, INC. (AAM) (Additional attachment(s) added on 3/13/2013: # 1 Summons Issued to DHC) (AAM). Modified on 3/13/2013 (AAM). Modified on 3/13/2013 (AAM). (Entered: 03/13/2013)
2013-03-13 6 0 Magistrate Judge's Notice of Availability to Exercise Jurisdiction MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM) (Entered: 03/13/2013)
2013-04-04 7 0 Notice of Appearance NOTICE of Appearance by Peter A. Velde on behalf of Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Velde, Peter) (Entered: 04/04/2013)
2013-04-04 8 0 Corporate Disclosure Statement Corporate Disclosure Statement by MONARCH RECOVERY MANAGEMENT, INC.. (Velde, Peter) (Entered: 04/04/2013)
2013-04-04 9 0 NOTICE of Parties' First Extension of Time NOTICE of Parties' First Extension of Time, filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Velde, Peter) (Entered: 04/04/2013)
2013-04-05 10 0 Return of Service RETURN of Service, filed by EVA M. GREEN. MONARCH RECOVERY MANAGEMENT, INC. served on 3/15/2013. (Philipps, David) (Entered: 04/05/2013)
2013-04-05 11 0 Return of Service RETURN of Service, filed by EVA M. GREEN. DHC CONSULTING SERVICES, LLC served on 3/25/2013. (Philipps, David) (Entered: 04/05/2013)
2013-04-11 12 0 Notice of Appearance NOTICE of Appearance by Peter A. Velde on behalf of Defendant DHC CONSULTING SERVICES, LLC. (Velde, Peter) (Entered: 04/11/2013)
2013-05-01 13 0 Motion for Leave to File MOTION for Leave to File Amended Complaint, filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Text of Proposed Order)(Philipps, David) (Entered: 05/01/2013)
2013-05-01 14 0 Motion to Certify Class MOTION to Certify Class , filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Text of Proposed Order)(Philipps, David) (Entered: 05/01/2013)
2013-05-03 15 0 Notice of Appearance NOTICE of Appearance by Nicholas Ward Levi on behalf of Defendants DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC.. (Levi, Nicholas) (Entered: 05/03/2013)
2013-05-03 16 0 Motion to Dismiss/Lack of Jurisdiction MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit Affidavit of Peter Velde, # 2 Text of Proposed Order Order Granting Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1))(Velde, Peter) (Entered: 05/03/2013)
2013-05-03 17 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 16 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC.. (Velde, Peter) (Entered: 05/03/2013)
2013-05-13 18 0 Response in Opposition to Motion RESPONSE in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit A - case law)(Philipps, David) (Entered: 05/13/2013)
2013-05-20 19 0 Response in Opposition to Motion RESPONSE in Opposition re 13 MOTION for Leave to File Amended Complaint , filed by Defendants DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC.. (Levi, Nicholas) (Entered: 05/20/2013)
2013-05-20 20 0 Reply in Support of Motion REPLY in Support of Motion re 16 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC.. (Levi, Nicholas) (Entered: 05/20/2013)
2013-05-23 21 0 Order on Motion for Leave to File ORDER denying as moot 13 Motion for Leave to File Amended Complaint. (See Order for details.) Signed by Magistrate Judge Mark J. Dinsmore on 5/23/2013. (TMA) (Entered: 05/23/2013)
2013-05-23 22 0 Amended Complaint AMENDED COMPLAINT against DHC CONSULTING SERVICES, LLC, INTERIM CAPITAL GROUP, INC., MONARCH RECOVERY MANAGEMENT, INC., filed by EVA M. GREEN. (TMA) (Entered: 05/23/2013)
2013-05-23 23 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to INTERIM CAPITAL GROUP, INC.. (Philipps, David) (Entered: 05/23/2013)
2013-05-24 24 0 Summons Issued Summons Issued as to INTERIM CAPITAL GROUP, INC.. (CKM) (Entered: 05/24/2013)
2013-06-07 25 0 Return of Service RETURN of Service, filed by EVA M. GREEN. INTERIM CAPITAL GROUP, INC. served on 5/31/2013. (Philipps, David) (Entered: 06/07/2013)
2013-06-10 26 0 Motion to Dismiss/Lack of Jurisdiction Second MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1), filed by Defendants DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC.. (Velde, Peter) (Entered: 06/10/2013)
2013-06-10 27 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 26 Second MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) , filed by Defendants DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC.. (Velde, Peter) (Entered: 06/10/2013)
2013-06-14 28 0 Response in Opposition to Motion RESPONSE in Opposition re 26 Second MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) , filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit A - Hrivak v. NCO decision)(Philipps, David) (Entered: 06/14/2013)
2013-06-20 29 0 Notice of Appearance NOTICE of Appearance by Nicholas Ward Levi on behalf of Defendant INTERIM CAPITAL GROUP, INC.. (Levi, Nicholas) (Entered: 06/20/2013)
2013-06-20 30 0 Notice of Appearance NOTICE of Appearance by Peter A. Velde on behalf of Defendant INTERIM CAPITAL GROUP, INC.. (Velde, Peter) (Entered: 06/20/2013)
2013-06-20 31 0 Motion to Dismiss/Lack of Jurisdiction MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1), filed by Defendant INTERIM CAPITAL GROUP, INC.. (Velde, Peter) (Entered: 06/20/2013)
2013-06-20 32 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 31 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) , filed by Defendant INTERIM CAPITAL GROUP, INC.. (Velde, Peter) (Entered: 06/20/2013)
2013-06-26 33 0 Scheduling Order SCHEDULING ORDER: Initial Pretrial Conference set for 7/19/2013 03:20 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated phone number, to be provided by the court via email. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 6/26/2013.(SWM) (Entered: 06/26/2013)
2013-07-05 34 0 Response in Opposition to Motion RESPONSE in Opposition re 31 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) , filed by Plaintiff EVA M. GREEN. (Philipps, David) (Entered: 07/05/2013)
2013-07-11 35 0 Case Management Plan Tendered by CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff EVA M. GREEN . (Philipps, David) (Entered: 07/11/2013)
2013-07-15 37 0 Reply in Support of Motion REPLY in Support of Motion re 31 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1) , filed by Defendant INTERIM CAPITAL GROUP, INC.. (Velde, Peter) (Entered: 07/15/2013)
2013-07-25 38 0 Pretrial Conference - Initial MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 7/19/2013. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. A discussion was further held regarding Plaintiff's Motion for Class Certification. The Plaintiff was instructed to file an amended Motion for Class Certification after September 1, 2103 and by no later than September 12, 2013. Settlement Conference set for 2/6/2014 at 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore., Status Conference set for 9/17/2013 at 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order for Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore.(NLR) (Entered: 07/25/2013)
2013-07-25 39 0 Order: Case Management ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 3/7/2014. Signed by Magistrate Judge Mark J. Dinsmore on 7/25/2013.(SWM) (Entered: 07/26/2013)
2013-08-06 40 0 Scheduling Order SCHEDULING ENTRY - Final Pretrial Conference set for 10/21/2014 02:00 PM in room #210, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Jury Trial set for 11/3/2014 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. In view of the Expense and Delay Reduction Plan adopted by this District to implement the Civil Justice Reform Act, no continuances of this date are anticipated, absent extraordinary circumstances.(JKS) (Entered: 08/06/2013)
2013-08-07 41 0 Consent CONSENT (Agreed) to Magistrate ONLY for the Purpose of Ruling on Motion to Dismiss by All Defendants. (Attachments: # 1 Text of Proposed Order Consent to Magistrate Only for Purpose of Ruling on Motion to Dismiss)(Velde, Peter) (Entered: 08/07/2013)
2013-08-07 42 0 Witness List Witness List , filed by Plaintiff EVA M. GREEN, Exhibit List , filed by Plaintiff EVA M. GREEN. (Philipps, David) (Entered: 08/07/2013)
2013-08-09 43 0 Order Referring Motion ORDER REFERRING MOTIONS: The parties have indicated their consent to the jurisdiction of the assigned magistrate judge, pursuant to 28 U.S.C. ยง 636(c)(1), to consider and decide the Motions to Dismiss now pending at Docket Nos. 16 , 26 and, 31 , and if appropriate, enter final judgment. Accordingly, said motions are hereby referred to Magistrate Judge Mark J. Dinsmore for ruling. Signed by Judge Sarah Evans Barker on 8/9/2013. Motions referred to Mark J. Dinsmore.(PGS) (Entered: 08/09/2013)
2013-08-20 44 0 Witness List Witness List Preliminary, filed by Defendant MONARCH RECOVERY MANAGEMENT, INC., Exhibit List Preliminary, filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Velde, Peter) (Entered: 08/20/2013)
2013-08-20 45 0 Witness List Witness List Preliminary, filed by Defendant INTERIM CAPITAL GROUP, INC., Exhibit List Preliminary, filed by Defendant INTERIM CAPITAL GROUP, INC.. (Velde, Peter) (Entered: 08/20/2013)
2013-08-20 46 0 Witness List Witness List Preliminary, filed by Defendant DHC CONSULTING SERVICES, LLC, Exhibit List Preliminary, filed by Defendant DHC CONSULTING SERVICES, LLC. (Velde, Peter) (Entered: 08/20/2013)
2013-08-22 47 0 Telephone Conference MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephone Conference held on 8/14/2013. This matter came before the Court for a telephonic conference at the request of the parties to discuss issues relating to Defendants' refusal to respond to certain discovery requests that Plaintiff claims relate to class certification. A discussion was held and the parties were reminded of the deadline for Plaintiff to file an amended motion for class certification as set forth in the Court's order dated 7/25/13 [Dkt. 38]. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 08/22/2013)
2013-09-03 48 0 Motion to Certify Class Amended MOTION to Certify Class , filed by Plaintiff EVA M. GREEN. (Philipps, David) (Entered: 09/03/2013)
2013-09-03 49 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 48 Amended MOTION to Certify Class , filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit A - Collection Letter, # 2 Exhibit B - Case Law, # 3 Exhibit C - Case Law, # 4 Exhibit D - Declaration of David J. Philipps, # 5 Exhibit E - Declaration of Steven J. Halbert, # 6 Text of Proposed Order)(Philipps, David) (Entered: 09/03/2013)
2013-09-16 51 0 Order on Motion to Dismiss/Lack of Jurisdiction ORDER ON MOTION TO DISMISS - The aforementioned reasons, the Court DENIES Defendants' Motions to Dismiss for Lack of Subject Matter Jurisdiction. [Dkts. 16 , 26 , 31 .]. Signed by Magistrate Judge Mark J. Dinsmore on 9/16/2013. (JD) (Entered: 09/16/2013) 2013-09-17 08:08:12 a3317421bbe2cee6f336a50721d78e599c46498f
2013-09-17 52 0 Notice of Appearance NOTICE of Appearance by Angie K. Robertson on behalf of Plaintiff EVA M. GREEN. (Robertson, Angie) (Entered: 09/17/2013)
2013-09-19 53 0 Status Conference MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 9/17/2013. The parties discussed the status of and future plans for discovery. A discussion was further held regarding the filing of Plaintiff's Amended Motion to Certify the Class [Dkt. 48]. At the joint request of the parties, paragraph II.L. of the parties' approved Case Management Plan [Dkt. 39 at 7] is hereby amended as follows: L. Defendants shall respond to Plaintiff's Amended Motion for Class Certification by no later than November 18, 2013 and Plaintiff shall file any reply in support of the motion by no later than December 16, 2013. Status Conference set for 11/18/2013 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *** SEE ORDER FOR ADDITIONAL INFORMATION*** Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 09/19/2013)
2013-09-30 54 0 Answer to Amended Complaint ANSWER to 22 Amended Complaint and Defenses, filed by DHC CONSULTING SERVICES, LLC.(Velde, Peter) (Entered: 09/30/2013)
2013-09-30 55 0 Answer to Amended Complaint ANSWER to 22 Amended Complaint and Defenses, filed by INTERIM CAPITAL GROUP, INC..(Velde, Peter) (Entered: 09/30/2013)
2013-09-30 56 0 Motion for Extension of Time Unopposed MOTION for Extension of Time to 10/04/2013 in which to 22 Amended Complaint , filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Text of Proposed Order Enlarging Time for Defendant Monarch to Answer Amended Complaint)(Velde, Peter) (Entered: 09/30/2013)
2013-10-03 57 0 Answer to Amended Complaint ANSWER to 22 Amended Complaint and Defenses, filed by MONARCH RECOVERY MANAGEMENT, INC..(Velde, Peter) (Entered: 10/03/2013) 2016-09-13 17:53:52 500af03241e9e5cdc00c77684f2229e9c4c4f25b
2013-10-04 58 0 Order on Motion for Extension of Time to File ORDER granting 56 Motion for Extension of Time to October 4, 2013 to answer or otherwise respond to Plaintiff's Amended Complaint. Signed by Magistrate Judge Mark J. Dinsmore on 10/4/2013. (JD) (Entered: 10/04/2013)
2013-11-19 60 0 Status Conference MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 11/18/2013. Discussions were held regarding issues Plaintiff has with Defendants' responses and Defendant is authorized to file a motion for protective order, agreed or otherwise, on or before November 22, 2013. Plaintiff is authorized to file a motion to compel on or before November 27, 2013. At the joint request of the parties, paragraph II.L. of the parties' approved Case Management Plan as amended [Dkt. 39 at 7 & 53 at 1] is hereby amended as follows: Defendants shall respond to Plaintiff's Amended Motion for Class Certification by no later than January 17, 2014 and Plaintiff shall file any reply in support of the motion by no later than February 14, 2014. Status Conference set for 12/17/2013 at 08:40 AM [ESDT] in Telephonic before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information*** (NLR) (Entered: 11/19/2013)
2013-11-22 61 0 Motion for Protective Order MOTION for Protective Order , filed by Defendants DHC CONSULTING SERVICES, LLC, INTERIM CAPITAL GROUP, INC., MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit A - Proposed Protective Order, # 2 Text of Proposed Order)(Levi, Nicholas) (Entered: 11/22/2013)
2013-11-26 62 0 Order on Motion for Protective Order ORDER - granting 61 Motion for Protective Order. Signed by Magistrate Judge Mark J. Dinsmore on 11/26/2013. (CKM) (Entered: 11/26/2013)
2013-11-27 63 0 Motion to Compel MOTION to Compel Defendants to Answer Discovery as to Net Worth, filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit Group A - discovery requests, # 2 Exhibit B - Ramirez decision, # 3 Exhibit C - Bode decision, # 4 Exhibit D - Esparza order, # 5 Exhibit E - Perez order)(Philipps, David) (Entered: 11/27/2013)
2013-12-05 64 0 Scheduling Order SCHEDULING ORDER-Telephonic Motion Hearing on pltfs motion to compel set for 12/20/2013 12:00 PM before Magistrate Judge Mark J. Dinsmore. The telephonic status conference set for 12/17/2013 is VACATED and will proceed at the conclusion of the hearing on 12/20/2013. Signed by Magistrate Judge Mark J. Dinsmore on 12/5/2013.(CBU) (Entered: 12/05/2013)
2013-12-10 65 0 Response in Opposition to Motion RESPONSE in Opposition re 63 MOTION to Compel Defendants to Answer Discovery as to Net Worth , filed by Defendants DHC CONSULTING SERVICES, LLC, INTERIM CAPITAL GROUP, INC., MONARCH RECOVERY MANAGEMENT, INC.. (Levi, Nicholas) (Entered: 12/10/2013)
2013-12-23 67 0 Order on Motion to Compel MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: This matter came before the Court on 12/20/2103 for a hearing on Plaintiff's First Motion to Compel [Dkt. 63]. Arguments were held and the and the matter was taken under advisement. Status Conference set for 1/17/2014 at 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 12/23/2013)
2013-12-30 68 0 Motion to Vacate MOTION to Vacate Settlement Conference, filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Text of Proposed Order)(Philipps, David) (Entered: 12/30/2013)
2013-12-31 69 0 Order on Motion to Vacate MARGINAL ORDER denying 68 Motion to Vacate Settlement Conference - The settlement conference will proceed as scheduled. Defendants are reminded to review the Court's order scheduling the settlement conference and to ensure that all required representatives, including a corporate officer or a managing member of an LLC, are present at the settlement conference. Signed by Magistrate Judge Mark J. Dinsmore on 12/31/2013. (JD) (Entered: 01/02/2014)
2014-01-22 71 0 Status Conference MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 1/17/2014. The parties reported on the status of discovery and are working through issues with regards to each others written responses. On or before January 21, 2014 Defendant is to forward to chambers at MJDinsmore@insd.uscourts.gov a copy of their response to Plaintiff's demand and any good faith letter as required by the Court's Order setting this matter for a settlement conference. Defendants' orally moved, without opposition, for a two week enlargement of time to file their response to Plaintiff's Amended Motion for Class Certification, which motion the Court will grant. Paragraph II.L. of the parties' approved Case Management Plan as amended [Dkt. 39 at 7] is hereby further amended as follows: Defendants shall respond to Plaintiff's Amended Motion for Class Certification by no later than January 31, 2014 and Plaintiff shall file any reply in support of the motion by no later than February 14, 2014. Signed by Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information*** (NLR) (Entered: 01/22/2014)
2014-01-30 72 0 Scheduling Order SCHEDULING ORDER - The Court sua sponte VACATES the settlement conference that is scheduled for February 6, 2014 and reschedules the settlement conference for Wednesday, February 26, 2014, at 12:00 p.m. in room 257. All other requirements of the Court's Order dated 7/25/2013 [Dkt. 38] are still in order and effect. Signed by Magistrate Judge Mark J. Dinsmore on 1/30/2014. (JD) (Entered: 01/31/2014)
2014-01-31 73 0 Response in Opposition to Motion RESPONSE in Opposition re 48 Amended MOTION to Certify Class , filed by Defendants DHC CONSULTING SERVICES, LLC, INTERIM CAPITAL GROUP, INC., MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit A-Deposition of Eva Green (part 1 of 2), # 2 Exhibit A-Deposition of Eva Green (part 2 of 2)(Levi, Nicholas) (Entered: 01/31/2014)
2014-02-03 74 0 Motion to Compel MOTION to Compel Defendants to Comply with Discovery Obligations, filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit Group A - Discovery Responses, # 2 Exhibit B - Rule 37 letter)(Philipps, David) (Entered: 02/03/2014)
2014-02-05 75 0 Motion to Stay MOTION to Stay re 39 Order: Case ManagementScheduling Order , filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Text of Proposed Order)(Philipps, David) (Entered: 02/05/2014)
2014-02-14 76 0 Reply in Support of Motion REPLY in Support of Motion re 48 Amended MOTION to Certify Class , filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit A - Keele decision, # 2 Exhibit B - Walker decision, # 3 Exhibit C - 12-23-13 letter)(Philipps, David) (Entered: 02/14/2014)
2014-02-18 77 0 Order on Motion to Compel ORDER granting 63 Motion to Compel - For the reasons set forth within, Plaintiff's Motion to Compel is GRANTED. Defendants' objections to Plaintiff's Interrogatory No. 10 and Request for Production No. 7 are overruled, and Defendants shall fully and unequivocally respond to those requests by no later than February 25, 2014 and electronically transmit such responses to counsel for Plaintiff on that date (in the alternative, if the document production is voluminous, Defendants may hand deliver the documents at the beginning of the settlement conference scheduled on February 26, 2014). Signed by Magistrate Judge Mark J. Dinsmore on 2/18/2014. (MGG) Modified on 2/18/2014 (MGG). Modified on 2/24/2014 (MGG). (Entered: 02/18/2014)
2014-02-20 78 0 Response in Opposition to Motion RESPONSE in Opposition re 74 MOTION to Compel Defendants to Comply with Discovery Obligations , filed by Defendants DHC CONSULTING SERVICES, LLC, INTERIM CAPITAL GROUP, INC., MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit A-Supplemental Answers to Plaintiff's Interrogatories, # 2 Exhibit B-February 6, 2014 Letter to Plaintiff's Counsel, # 3 Exhibit C-February 20, 2014 Letter to Plaintiff's Counsel)(Levi, Nicholas) (Entered: 02/20/2014)
2014-03-03 79 0 Settlement Conference MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 2/26/2014. Settlement was not achieved. The parties discussed the pending motion to stay case management deadlines [Dkt. 75], which the Court will rule on by separate order. This matter is scheduled for a telephonic hearing on Plaintiff's Motion to Compel [Dkt. 74] 3/10/2014 at 11:00 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. This matter will reconvene for another Settlement Conference on 10/27/2014 at 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. *** See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 03/03/2014)
2014-03-03 80 0 Reply in Support of Motion REPLY in Support of Motion re 74 MOTION to Compel Defendants to Comply with Discovery Obligations , filed by Plaintiff EVA M. GREEN. (Philipps, David) (Entered: 03/03/2014)
2014-03-07 82 0 Order on Motion to Stay ORDER denying 75 Plaintiff's Motion to Stay Case Management Plan Dates. Dispositive Motions due by 9/5/2014. Discovery due by 12/9/2014. All other requirements of the parties' approved Case Management Plan [Dkt. 39 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 3/7/2014.(MGG) (Entered: 03/07/2014)
2014-03-11 83 0 Motion (Other) MOTION for Leave to Cite Supplemental Authority, filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit A - McMahon decision, # 2 Text of Proposed Order)(Philipps, David) (Entered: 03/11/2014)
2014-03-12 84 0 Order on Motion to Compel MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: This matter came before the Court on 3/10/14 for a hearing on Plaintiff's Motion to Compel [Dkt. 74]. Arguments were heard and the motion was taken under advisement Status Conference set for 4/25/2014 at 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 03/12/2014)
2014-03-19 85 0 Notice of Appearance NOTICE of Appearance by Ryan T. Brown on behalf of Defendants DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Certificate of Service) (Brown, Ryan) (Entered: 03/19/2014)
2014-03-19 86 0 Notice of Appearance NOTICE of Appearance by Paul Gamboa on behalf of Defendants DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Certificate of Service) (Gamboa, Paul) (Entered: 03/19/2014)
2014-03-21 87 0 Motion to Appear pro hac vice MOTION for Attorney(s) Craig J. Mariam to Appear pro hac vice (Filing fee $30, receipt number 0756-2997662), filed by Defendants DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit A - Certification of Craig J. Mariam In Support of Motion to Appear Pro Hac Vice, # 2 Text of Proposed Order)(Gamboa, Paul) (Entered: 03/21/2014)
2014-03-26 88 0 Submission Submission of Proposed Order , re 87 MOTION for Attorney(s) Craig J. Mariam to Appear pro hac vice (Filing fee $30, receipt number 0756-2997662), filed by Defendants DHC CONSULTING SERVICES, LLC, MONARCH RECOVERY MANAGEMENT, INC.. (Gamboa, Paul) (Entered: 03/26/2014)
2014-03-27 89 0 Order on Motion to Appear pro hac vice ORDER granting 87 Motion to Appear pro hac vice for Attorney Craig J. Mariam on behalf of DHC CONSULTING SERVICES, LLC. Signed by Judge Sarah Evans Barker on 3/27/2014. (JD) (Entered: 03/27/2014)
2014-03-28 90 0 Notice of Appearance NOTICE of Appearance by Paul Gamboa on behalf of Defendant INTERIM CAPITAL GROUP, INC.. (Attachments: # 1 Certificate of Service) (Gamboa, Paul) (Entered: 03/28/2014)
2014-03-28 91 0 Notice of Appearance NOTICE of Appearance by Ryan T. Brown on behalf of Defendant INTERIM CAPITAL GROUP, INC.. (Attachments: # 1 Certificate of Service) (Brown, Ryan) (Entered: 03/28/2014)
2014-04-04 92 0 Order on Motion ORDER granting 83 Motion for Leave to Cite Supplemental Authority. Signed by Judge Sarah Evans Barker on 4/4/2014. (JD) (Entered: 04/04/2014)
2014-04-04 93 0 Exhibit in Support Supplemental Authority in support of 48 Amended MOTION to Certify Class and 74 MOTION to Comply with Discovery Obligations, filed by Plaintiff EVA M. GREEN. (JD) (Entered: 04/04/2014)
2014-04-24 95 0 Order on Motion to Compel ORDER granting in part and denying in part 74 Plaintiff's Motion to Compel Defendants to Comply with Discovery Obligations. The Court grants the Defendants twenty-one (21) days from the date of this Order to supplement its responses to Plaintiff's interrogatories and requests for production in a manner consistent with this Order. **SEE ORDER**Signed by Magistrate Judge Mark J. Dinsmore on 4/24/2014. (MGG) (Entered: 04/24/2014)
2014-04-25 96 0 Motion to Withdraw Attorney Appearance MOTION to Withdraw Attorney Appearance , filed by Defendants DHC CONSULTING SERVICES, LLC, INTERIM CAPITAL GROUP, INC., MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Text of Proposed Order Order Granting Leave to Withdraw Appearance)(Velde, Peter) (Entered: 04/25/2014)
2014-04-28 97 0 Status Conference MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 4/25/2014. The parties reported on the status of and future plans for discovery and expect to have discovery complete by the discovery deadline. New counsel has appeared on behalf of defendants and is working on getting up to speed on the case. Status Conference set for 5/23/2014 at 08:40 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *See Order for Additional Information*. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 04/28/2014)
2014-05-01 98 0 Order on Motion to Withdraw Attorney Appearance ORDER granting 96 Motion to Withdraw Attorney Appearance. IT IS THEREFORE ORDERED ADJUDGED AND DECREED that the appearance of Kightlinger & Gray, LLP, Peter A. Velde and Nicholas W. Levi, on behalf of all Defendants be and hereby is withdrawn. Signed by Judge Sarah Evans Barker on 5/1/2014. (DW) (Entered: 05/02/2014)
2014-05-28 100 0 Status Conference MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 5/23/2014. The parties report that liability discovery is nearing completion. The parties were instructed to file a motion to continue the trial. Status Conference set for 6/23/2014 at 10:50 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *See Order for Additional Information*. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 05/28/2014)
2014-06-10 101 0 Motion for Continuance Joint MOTION for Continuance of Trial, filed by Defendants DHC CONSULTING SERVICES, LLC, INTERIM CAPITAL GROUP, INC., MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Text of Proposed Order)(Gamboa, Paul) (Entered: 06/10/2014)
2014-06-12 102 0 Telephone Conference MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: This matter came before the Court on 6/11/2014 for a telephonic conference at the request of the parties to discuss a discovery dispute regarding the production of account histories following the Court's ruling on Plaintiff's Motion to Compel. The telephonic status conference scheduled for June 23, 2014 at 10:50 a.m. remains on calendar as scheduled. At the call counsel for Defendant should be prepared to advise the Court when the complete account histories will be produced. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 06/12/2014)
2014-06-18 103 0 Order on Motion for Continuance ORDER - granting 101 Motion for Continuance; Final Pretrial Conference is reset for 5/26/2015 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Jury Trial is reset for 6/8/2015 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 6/18/2014.(CKM) (Entered: 06/18/2014)
2014-06-24 105 0 Status Conference MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 6/23/2014. The parties reported on their future plans for discovery and report that Defendants have produced the account histories. Status Conference set for 9/29/2014 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *See Order for Additional Information*. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 06/24/2014)
2014-07-23 106 0 Motion for Extension of Time MOTION for Extension of Time to Complete Non-Expert Written Discovery and File Dispositive Motions, filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Text of Proposed Order)(Philipps, David) (Entered: 07/23/2014)
2014-08-15 107 0 Motion for Leave to File MOTION for Leave to File Amended Affirmative Defenses, filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit Exhibit A - Proposed Amended Affirmative Defenses, # 2 Text of Proposed Order)(Gamboa, Paul) (Entered: 08/15/2014)
2014-08-19 108 0 Scheduling Order SCHEDULING ORDER-TELEPHONIC Status Conference set for 8/22/2014 10:30 AM before Magistrate Judge Mark J. Dinsmore to discuss plaintiff's motion for extension of time. Signed by Magistrate Judge Mark J. Dinsmore on 8/19/2014.(CBU) (Entered: 08/19/2014)
2014-08-27 110 0 Order on Motion for Extension of Time to File MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 8/22/2014. The parties discussed the Motion for Extension of Time to Complete Non-Expert Discovery [Dkt. 106]; which motion will be GRANTED and the parties' approved Case Management Plan as amended [Dkts. 39 & 82] is hereby amended as follows: Dispositive Motions due by 10/10/2014. (See Order For Additional Information and deadlines) Status Conference set for 9/5/2014 at 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 08/27/2014)
2014-09-02 112 0 Response in Opposition to Motion RESPONSE in Opposition re 107 MOTION for Leave to File Amended Affirmative Defenses , filed by Plaintiff EVA M. GREEN. (Philipps, David) (Entered: 09/02/2014)
2014-09-08 113 0 Status Conference MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 9/5/2014. The parties report that Defendants' liability discovery is complete and Plaintiff's liability discovery should be complete after the depositions scheduled for September 15, 2014. On or before October 2, 2014 Plaintiff is to serve a revised settlement demand and Defendants' response is due on or before October 16, 2014. Both parties are to provide copies to chambers at MJDinsmore@insd.uscourts.gov. The status conference scheduled for September 29, 2014 at 10:30 a.m. [Dkt. 105] is continued to 10/10/2014 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. *See Order For Additional Information*. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 09/08/2014)
2014-09-09 114 0 Reply in Support of Motion REPLY in Support of Motion re 107 MOTION for Leave to File Amended Affirmative Defenses , filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit Exhibitadmissions)(Gamboa, Paul) Modified on 9/10/2014 (CKM). (Entered: 09/09/2014)
2014-09-19 115 0 Stipulation of Dismissal STIPULATION of Dismissal of DHC Consulting Services, Inc. and Interim Capital Group, Inc. Without Prejudice, filed by Defendants DHC CONSULTING SERVICES, LLC, INTERIM CAPITAL GROUP, INC.. (Gamboa, Paul) (Entered: 09/19/2014)
2014-09-22 116 0 Entry MARGINAL ACKNOWLEDGEMENT - Joint Stipulation of Dismissal. Plaintiff hereby voluntarily dismisses DHC Consulting Services, LLC and Interim Capital Group, Inc. in this matter, without prejudice. All parties hereto hereby stipulate and agree that the dismissal of the above-captionedmatter is effective upon the filing hereof. Signed by Judge Sarah Evans Barker on 9/22/2014. (AH) (Entered: 09/22/2014)
2014-09-26 117 0 Order on Motion to Certify Class ORDER - denying 48 Motion to Certify Class; For reasons detailed in this entry. *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 9/26/2014. (CKM) (Entered: 09/26/2014)
2014-09-26 118 0 Statement Statement of Claims by EVA M. GREEN. (Philipps, David) (Entered: 09/26/2014)
2014-09-26 119 0 Motion for Reconsideration MOTION for Reconsideration re 117 Order on Motion to Certify Class , filed by Plaintiff EVA M. GREEN. (Philipps, David) (Entered: 09/26/2014)
2014-09-26 120 0 Statement Statement of defenses by MONARCH RECOVERY MANAGEMENT, INC.. (Gamboa, Paul) (Entered: 09/26/2014)
2014-10-01 121 0 Order on Motion for Leave to File ORDER denying 107 Motion for Leave to File Additional Affirmative Defenses. **SEE ORDER FOR ADDITIONAL INFORMATION**. Signed by Magistrate Judge Mark J. Dinsmore on 10/1/2014. (MGG) (Entered: 10/01/2014)
2014-10-10 123 0 Status Conference MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 10/10/2014. The parties discussed the status of discovery and the Court's ruling on the Motion for Class Certification. Accordingly, the settlement conference scheduled for October 27, 2014 is hereby vacated and continued to Tuesday, May 19, 2015 at 9:00 a.m. All other requirements of the Court's order dated 3/3/2014 [Dkt. 79] remain in effect. Status Conference set for 4/20/2015 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information*. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 10/10/2014)
2014-10-10 124 0 Motion for Summary Judgment MOTION for Summary Judgment , filed by Plaintiff EVA M. GREEN. (Philipps, David) (Entered: 10/10/2014) 2015-12-01 14:58:23 89f1e30322bba6dd304392872721d0044086b9f9
2014-10-10 125 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 124 MOTION for Summary Judgment , filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit Exhibit A- Monarch Collection Letter, # 2 Exhibit B- Eva Green Dep. Transcript, # 3 Exhibit C- Karl Ryan Dep. Transcript, # 4 Exhibit Group Exhibit D- Monarch Collection Call Transcript, # 5 Exhibit E- Monarch Collection Notes, # 6 Exhibit F- Monarch's Suppl. Answers to Plaintiff's Interrogatories, # 7 Exhibit G- Diane Mazzacano Dep. Transcript, # 8 Exhibit H- Dawn Horst Dep. Transcript, # 9 Exhibit I- Putative Class Statute of Limitations Chart, # 10 Exhibit Group Exhibit J- Braatz v. LERS; Walls v. UCB; Deschaine v. NES)(Philipps, David) Modified on 10/15/2014 (CKM). (Entered: 10/10/2014) 2015-12-01 14:59:06 c4aea2a0b1260a919863adc382d298084638ab39
125 1 Exhibit Exhibit A- Monarch Collection Letter
125 2 Exhibit Exhibit B- Eva Green Dep. Transcript
125 3 Exhibit Exhibit C- Karl Ryan Dep. Transcript
125 4 Exhibit Group Exhibit D- Monarch Collection Call Transcript
125 5 Exhibit Exhibit E- Monarch Collection Notes
125 6 Exhibit Exhibit F- Monarch's Suppl. Answers to Plaintiff's Interrogato
125 7 Exhibit Exhibit G- Diane Mazzacano Dep. Transcript
125 8 Exhibit Exhibit H- Dawn Horst Dep. Transcript
125 9 Exhibit Exhibit I- Putative Class Statute of Limitations Chart
125 10 Exhibit Group Exhibit J- Braatz v. LERS; Walls v. UCB; Deschaine v. NES
2014-10-10 126 0 Response in Opposition to Motion RESPONSE in Opposition re 119 MOTION for Reconsideration re 117 Order on Motion to Certify Class , filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Gamboa, Paul) (Entered: 10/10/2014)
2014-10-10 127 0 Motion for Summary Judgment MOTION for Summary Judgment , filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Gamboa, Paul) (Entered: 10/10/2014)
2014-10-10 128 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 127 MOTION for Summary Judgment , filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit A: Transcript of Plaintiff's Deposition, # 2 Exhibit B: Plaintiff's Responses to Defendant's Requests for Production, # 3 Exhibit C: Plaintiff's Answers to Defendant's Interrogatories, # 4 Exhibit D: Excerpted Deposition Transcript of Karl Ryan, # 5 Exhibit E: Excerpted Deposition Transcript of Dawn Horst, # 6 Exhibit F: Excerpted Deposition Transcript of Diane Mazzacano, # 7 Exhibit G: Monarch's Supplemental Answers to Plaintiff's Interrogatories)(Gamboa, Paul) Modified on 10/15/2014 (CKM). (Entered: 10/10/2014)
2014-10-10 129 0 Notice (Other) NOTICE /Certificate of Service, filed by Defendant MONARCH RECOVERY MANAGEMENT, INC., re 128 Brief/Memorandum in Support of Motion. (Gamboa, Paul) (Entered: 10/11/2014)
2014-10-13 130 0 Witness List Witness List and Exhibit List, filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Gamboa, Paul) (Entered: 10/13/2014)
2014-10-14 131 0 Witness List Witness List , filed by Plaintiff EVA M. GREEN, Exhibit List - Final, filed by Plaintiff EVA M. GREEN. (Philipps, David) (Entered: 10/14/2014)
2014-10-15 132 0 Appeal of Magistrate Judge Decision to District Court APPEAL OF MAGISTRATE JUDGE DECISION to District Court by MONARCH RECOVERY MANAGEMENT, INC. re 121 Order on Motion for Leave to File (Attachments: # 1 Text of Proposed Order Granting Defendant's Appeal)(Gamboa, Paul) (Entered: 10/15/2014)
2014-10-17 133 0 Motion for Extension of Time to File Reply Unopposed MOTION for Extension of Time to to file reply to 119 MOTION for Reconsideration re 117 Order on Motion to Certify Class , filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Text of Proposed Order)(Philipps, David) (Entered: 10/17/2014)
2014-10-22 134 0 Order on Motion for Extension of Time to File Reply ORDER granting 133 Motion for Extension of Time to File Reply to 10/24/2014 re 119 MOTION for Reconsideration re 117 Order on Motion to Certify Class . Signed by Magistrate Judge Mark J. Dinsmore on 10/22/2014. (CBU) (Entered: 10/22/2014)
2014-10-24 135 0 Reply in Support of Motion REPLY in Support of Motion re 119 MOTION for Reconsideration re 117 Order on Motion to Certify Class , filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit A - chart of accounts, # 2 Exhibit B - Walker decision)(Philipps, David) (Entered: 10/24/2014) 2015-12-01 15:02:51 482245410371716409b8c1d97c09fe074311ddd7
135 1 Exhibit A - chart of accounts
135 2 Exhibit B - Walker decision
2014-11-03 136 0 Response in Opposition to Motion RESPONSE in Opposition re 132 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by MONARCH RECOVERY MANAGEMENT, INC. re 121 Order on Motion for Leave to File , filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit A - Green deposition excerpt)(Philipps, David) (Entered: 11/03/2014) 2015-12-01 15:01:26 5e1f4fda6302e7857e5f92f2134988c72387811a
136 1 Exhibit A - Green deposition excerpt
2014-11-03 137 0 Motion for Extension of Time Joint MOTION for Extension of Time to in which to 127 MOTION for Summary Judgment , 124 MOTION for Summary Judgment , filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit Proposed Order)(Gamboa, Paul) (Entered: 11/03/2014)
2014-11-05 138 0 Order on Motion for Extension of Time to File ORDER granting 137 Motion for Extension of Time to File responses and replies to the pending cross motions for summary judgment. Signed by Magistrate Judge Mark J. Dinsmore on 11/5/2014. (CBU) (Entered: 11/05/2014)
2014-11-13 139 0 Reply in Support of Motion REPLY in Support of Motion re 132 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by MONARCH RECOVERY MANAGEMENT, INC. re 121 Order on Motion for Leave to File , filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Gamboa, Paul) (Entered: 11/13/2014) 2015-12-01 15:02:37 afc3d300a0a2399ccf1931ef377216f4b9ea6583
2014-11-24 140 0 Response in Opposition to Motion RESPONSE in Opposition re 127 MOTION for Summary Judgment , filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Exhibit A - call transcripts, # 2 Exhibit B - NYC Local Rule 15, # 3 Exhibit C - FTC Debt Buyer Report, # 4 Exhibit D - FTC Consent Decree, # 5 Exhibit E - U of NM study)(Philipps, David) (Entered: 11/24/2014) 2015-12-01 15:01:48 dbafd5467f22a01dcf1a5c23338dc6b59cd507aa
140 1 Exhibit A - call transcripts
140 2 Exhibit B - NYC Local Rule 15
140 3 Exhibit C - FTC Debt Buyer Report
140 4 Exhibit D - FTC Consent Decree
140 5 Exhibit E - U of NM study
2014-11-24 141 0 Response in Opposition to Motion RESPONSE in Opposition re 124 MOTION for Summary Judgment , filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit A - Excerpt of Karl Ryan's deposition testimony, # 2 Exhibit B - Excerpt of Dawn Horst's deposition testimony, # 3 Exhibit C - Excerpt of Diane Mazzacano's deposition testimony, # 4 Exhibit D - Monarch's supplemental answers to Plaintiff's interrogatories)(Gamboa, Paul) (Entered: 11/24/2014)
2014-12-08 142 0 Motion to Withdraw Attorney Appearance ***WITHDRAWN PER ORDER OF 1/14/2015*** MOTION to Withdraw Attorney Appearance , filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit Declaration of Attorney, Paul Gamboa, # 2 Text of Proposed Order Granting Motion to Withdraw)(Gamboa, Paul) Modified on 1/14/2015 (CBU). (Entered: 12/08/2014)
2014-12-11 143 0 Scheduling Order ***VACATED PER ORDER OF 1/14/2015***SCHEDULING ORDER-EX PARTE Motion Hearing set for 1/22/2015 01:00 PM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The CEO or CFO for Monarch Recovery Management, Inc is ordered to personally appear with their counsel. Counsel for Defendant is ordered to serve this order on Defendant and file proof of such service by no later than 12/28/2014. Counsel for Plaintiff may not participate in this hearing. The hearing will be vacated if new counsel for Defendant enters an appearance in advance thereof. Signed by Magistrate Judge Mark J. Dinsmore on 12/11/2014.(CBU) Modified on 1/14/2015 (CBU). (Entered: 12/11/2014)
2014-12-19 144 0 Reply in Support of Motion REPLY in Support of Motion re 124 MOTION for Summary Judgment , filed by Plaintiff EVA M. GREEN. (Philipps, David) (Entered: 12/19/2014) 2015-12-01 15:18:30 55a901bc1d37fd8321c3ef490536991069ca2080
2014-12-19 145 0 Reply in Support of Motion REPLY in Support of Motion re 127 MOTION for Summary Judgment , filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Exhibit McMahon v. LVNV - Defendant's Rule 26(a)(2) disclosures)(Gamboa, Paul) (Entered: 12/19/2014)
2014-12-20 146 0 NOTICE of Filing NOTICE of Filing /Certificate of Service of Reply in Support of Defendant's Motion for Summary Judgment by MONARCH RECOVERY MANAGEMENT, INC. (Gamboa, Paul) (Entered: 12/20/2014)
2015-01-13 147 0 Motion to Withdraw MOTION to Withdraw 142 MOTION to Withdraw Attorney Appearance and to Strike the January 22, 2015 Hearing, filed by Defendant MONARCH RECOVERY MANAGEMENT, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order granting leave to withdraw motion and strike hearing)(Gamboa, Paul) (Entered: 01/13/2015)
2015-01-14 148 0 Order on Motion to Withdraw Attorney Appearance ORDER withdrawing 142 Motion to Withdraw Attorney Appearance. Order granting 147 Motion to Withdraw 143 Scheduling Order and VACATES the 1/22/2015 hearing on said motion. The telephonic status conference scheduled on 4/20/2015 remains on calendar as scheduled. Signed by Magistrate Judge Mark J. Dinsmore on 1/14/2015. (CBU) (Entered: 01/14/2015)
2015-03-20 149 0 Motion to Vacate MOTION to Vacate 103 Order on Motion for ContinuanceScheduling MOTION TO VACATE TRIAL DATES, filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Text of Proposed Order)(Philipps, David) (Entered: 03/20/2015)
2015-03-23 150 0 Order on Motion to Vacate ORDER - This matter coming to be heard on Plaintiff's 149 Motion to Vacate Trial Dates Plaintiff's Motion is granted; the May 26, 2015 pre-trial conference and the June 8, 2015 trial dates are hereby vacated (Dkt. 103), and will be re-set after resolution of the cross motions for summary judgment and the motion to reconsider class certification. Signed by Judge Sarah Evans Barker on 3/23/2015.(MGG) Modified on 3/24/2015 (MGG). (Entered: 03/24/2015)
2015-04-17 152 0 Motion to Vacate MOTION to Vacate Settlement Conference dated May 19, 2015, filed by Plaintiff EVA M. GREEN. (Attachments: # 1 Text of Proposed Order)(Philipps, David) (Entered: 04/17/2015)
2015-04-20 153 0 Order on Motion to Vacate MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 4/20/2015. Counsel for Plaintiff appeared by telephone. Counsel for Defendant failed to appear. Plaintiff's unopposed motion to vacate the settlement conference in this matter was discussed. [Dkt. 152.] That motion will be GRANTED and the May 19, 2015 settlement conference is hereby VACATED. A settlement conference will be rescheduled as necessary after a ruling by the court on the pending motions. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 04/20/2015)
2015-07-29 154 0 Order on Motion for Reconsideration ORDER - denying 119 Motion for Reconsideration *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 7/29/2015. (CKM) (Entered: 07/29/2015)
2015-07-29 155 0 Order ORDER - Overruling objections re: 132 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by MONARCH RECOVERY MANAGEMENT, INC. re 121 Order on Motion for Leave to File. Monarch has failed to establish that the Magistrate Judge's ruling denying leave to file additional affirmative defenses is in any way "clearly erroneous" or "contrary to law." Monarch's objections to the order are OVERRULED. Signed by Judge Sarah Evans Barker on 7/29/2015.(CKM) (Entered: 07/29/2015)
2015-07-29 156 0 Order on Motion for Summary Judgment ORDER - granting in part and denying in part 124 Motion for Summary Judgment; granting in part and denying in part 127 Motion for Summary Judgment *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 7/29/2015. (CKM) (Entered: 07/29/2015) 2016-09-13 14:50:28 27f65c3388267e7920545e04ceb096abf60dc28a
2015-07-30 157 0 Scheduling Order SCHEDULING ORDER: In light of the Court's ruling on the parties' Motions for Summary Judgment [Dkt. 156], this matter is set for a telephonic status conference call on Friday, August 21, 2015 at 11:30 a.m. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. This matter is also scheduled for a settlement conference on Wednesday, September 23, 2015 at 9:00 a.m. in Room 257, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. On or before five (5) business days before the settlement conference, the parties shall submit (not file) a supplemental confidential settlement statement (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 7/30/2015.(SWM) (Entered: 07/30/2015)
2015-08-13 158 0 Mandamus Notice of Docketing from USCA - Petition for Leave to Appeal from Order Denying Class Certification filed by EVA GREEN, assigned USCA #15-8019. (LBT) (Entered: 08/13/2015)
2015-08-24 160 0 Status Conference MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 8/21/2015. The parties report they are working toward a resolution of this matter and will be ready to proceed with the settlement conference scheduled for September 23, 2015. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 08/24/2015)
2015-09-02 161 0 Mandamus USCA Order re USCA #15-8019 - IT IS ORDERED that the petition for leave to appeal is DENIED. (MAG) (Entered: 09/02/2015)
2015-09-14 162 0 Order ORDER Directing Filing of Documents Authorizing Dismissal: The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED. Within forty-five (45) days of the date of this entry, counsel for the Plaintiff shall file a motion to dismiss this cause and submit an order for the Court's signature ordering the dismissal of this action or a stipulation of dismissal. Signed by Magistrate Judge Mark J. Dinsmore on 9/14/2015.(SWM) (Entered: 09/15/2015)
2015-09-29 163 0 Stipulation of Dismissal STIPULATION of Dismissal , filed by Plaintiff EVA M. GREEN. (Philipps, David) (Entered: 09/29/2015)
2015-09-30 164 0 Closed Dismissed CLOSED DISMISSED - Acknowledges Parties Stipulation of Dismisal; cause is Dismissed, with prejudice, each party to bear their own attorney's fees and costs. (Marginal Notation). Signed by Judge Sarah Evans Barker on 9/30/2015.(MAC) (Entered: 09/30/2015)