Case details

Court: ncmd
Docket #: 1:10-cv-00612
Case Name: HALL v. SESSOMS & ROGERS, P.A., et al
PACER case #: 54647
Date filed: 2010-08-09
Date terminated: 2012-01-26
Date of last filing: 2010-08-27
Assigned to: JUDGE THOMAS D. SCHROEDER
Referred to: MAG/JUDGE P. TREVOR SHARP
Case Cause: 15:1692 Fair Debt Collection Act
Nature of Suit: 890 Other Statutory Actions
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
PAMELA D. HALL
Plaintiff
on behalf of herself and all others similarly situated
ANGELA O. MARTIN
MARTIN, ATTORNEY AT LAW, PLLC 1911 KELLER ANDREWS RD. SANFORD, NC 27330 919-708-7477 Fax: 888-872-4232 Email: angela@angelamartinlaw.com
TERMINATED: 06/27/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

CRAIG M. SHAPIRO
LAW OFFICES OF JOHN T. ORCUTT, P.C. 6616-203 SIX FORKS ROAD RALEIGH, NC 27615 919-847-9750 Email: cshapiro@johnorcutt.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

JOSEPH A. BLEDSOE , III
THE BLEDSOE LAW FIRM 3217 FRIENDLY RD. FAYETTEVILLE, NC 28304 910-223-3277 Email: jbledsoe@attorneybledsoe.com
ATTORNEY TO BE NOTICED

SESSOMS & ROGERS, P.A.
Defendant
DAUNA L. BARTLEY
SESSOMS & ROGERS, P.A. 1822 EAST HIGHWAY 54 SUITE 200 DURHAM, NC 27713 919-688-1000 Fax: 919-688-9000 Email: dlbartley@sessomslaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

JEFFREY M. YOUNG
ELLIS & WINTERS, LLP 4131 PARKLAKE AVENUE, STE. 400 RALEIGH, NC 27612 919-856-2514 Fax: 919-856-2500 Email: jeff.young@us.abb.com
TERMINATED: 01/26/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

RICHARD J. DE GIACOMO, JR.
Defendant
DAUNA L. BARTLEY
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

JEFFREY M. YOUNG
(See above for address)
TERMINATED: 01/26/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

LEE C. ROGERS
Defendant
DAUNA L. BARTLEY
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

JEFFREY M. YOUNG
(See above for address)
TERMINATED: 01/26/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

PORTFOLIO RECOVERY ASSOCIATES, LLC
Defendant
DAUNA L. BARTLEY
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

JEFFREY M. YOUNG
(See above for address)
TERMINATED: 01/26/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-08-09 1 0 Complaint COMPLAINT against SESSOMS & ROGERS, P.A.; RICHARD J. DE GIACOMO, JR.; LEE C. ROGERS; PORTFOLIO RECOVERY ASSOCIATES, LLC, ( Filing fee $ 350 receipt number 0418-799062), filed by PAMELA D. HALL. (Attachments: # 1 Exhibit Letter to Ms. Hall) (MARTIN, ANGELA) Modified on 8/10/2010 to add defendant names and attachment replaced with redacted exhibit. NEF re-generated. (Lloyd, Donna) (Entered: 08/09/2010)
1 1 Exhibit Letter to Ms. Hall
2010-08-10 2 0 Summons Issued Summons Issued as to RICHARD J. DE GIACOMO, JR.; PORTFOLIO RECOVERY ASSOCIATES, LLC; LEE C. ROGERS; SESSOMS & ROGERS, P.A. (Attachments: # 1 Additional Summons - Richard J. De Giacomo, Jr., # 2 Additional Summons - Lee C. Rogers, # 3 Additional Summons - Portfolio Recovery Associates, LLC) (Lloyd, Donna) (Entered: 08/10/2010)
2010-08-10 3 0 Notice of Right to Consent Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Lloyd, Donna) (Entered: 08/10/2010)
2010-08-27 4 0 Motion for Extension of Time to File Answer Consent MOTION for Extension of Time to File Answer re 1 Complaint, by PORTFOLIO RECOVERY ASSOCIATES, LLC, LEE C. ROGERS, SESSOMS & ROGERS, P.A. (Attachments: # 1 Text of Proposed Order) (BARTLEY, DAUNA) Modified on 8/30/2010 to extra period. (Lloyd, Donna) (Entered: 08/27/2010)
4 1 Text of Proposed Order
2010-09-23 5 0 Consent MOTION for Extension of Time to File Answer re 1 Complaint, by RICHARD J. DE GIACOMO, JR. (Attachments: # 1 Text of Proposed Order)(BARTLEY, DAUNA) (Entered: 09/23/2010)
2010-09-28 6 0 ORDER signed by MAG/JUDGE L. PATRICK AULD on 9/28/10, that the Consent Motion for Extension of Time (Docket Entry 5 ) is granted, and the time within which Defendant Richard J. De Giacomo, Jr. may serve an answer, motion, or other response to Plaintiff's Class Action Complaint is extended up to and including November 15, 2010. Answer, Motion, or Response due by 11/15/2010. (Law, Trina) (Entered: 09/28/2010)
2010-09-29 7 0 Second MOTION for Extension of Time to File Answer re 1 Complaint, by PORTFOLIO RECOVERY ASSOCIATES, LLC, LEE C. ROGERS, SESSOMS & ROGERS, P.A.. (Attachments: # 1 Text of Proposed Order)(BARTLEY, DAUNA) (Entered: 09/29/2010)
2010-10-01 8 0 ORDER signed by MAG/JUDGE L. PATRICK AULD on 10/01/10, that the Consent Motion for Extension of Time (Docket Entry 7 ) is GRANTED, and the time within which Defendants Sessoms & Rogers, P.A., Lee C. Rogers, and Portfolio Recovery Associates, LLC may serve an answer, motion, or other response to Plaintiff's Class Action Complaint is extended up to and including November 15, 2010. Answer, Motion, or other Response due by 11/15/2010. (Law, Trina) (Entered: 10/01/2010)
2010-10-27 9 0 NOTICE of Appearance by attorney CRAIG M. SHAPIRO on behalf of Plaintiff PAMELA D. HALL (SHAPIRO, CRAIG) (Entered: 10/27/2010)
2010-10-27 10 0 Consent MOTION for Extension of Time To File Motion for Class Certification until March 7, 2011 by PAMELA D. HALL. Responses due by 11/22/2010 (SHAPIRO, CRAIG) (Entered: 10/27/2010)
2010-11-01 11 0 ORDER signed by MAG/JUDGE L. PATRICK AULD on 11/01/10, that Plaintiff's Consent Motion for Enlargement of Time to File Motion for Class Certification (Docket Entry 10 ) is granted, and the deadline to file Plaintiff's Motion for Class Certification is extended to and including March 7, 2011. Motions due by 3/7/2011. (Law, Trina) (Entered: 11/01/2010)
2010-11-15 12 0 ANSWER to 1 Complaint by RICHARD J. DE GIACOMO, JR, PORTFOLIO RECOVERY ASSOCIATES, LLC, LEE C. ROGERS, SESSOMS & ROGERS, P.A. (Attachments: # 1 Exhibit 1 - PRA Validation Notice 04-04-08)(YOUNG, JEFFREY) (Entered: 11/15/2010)
2010-11-18 13 0 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 1/20/2011 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) (Entered: 11/18/2010)
2010-11-23 14 0 AMENDED NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 1/20/2011 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) (Entered: 11/23/2010)
2010-12-13 15 0 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant SESSOMS & ROGERS, P.A.. (BARTLEY, DAUNA) (Entered: 12/13/2010)
2010-12-13 16 0 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant LEE C. ROGERS. (BARTLEY, DAUNA) (Entered: 12/13/2010)
2010-12-13 17 0 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant RICHARD J. DE GIACOMO, JR. (BARTLEY, DAUNA) (Entered: 12/13/2010)
2010-12-13 18 0 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC. (BARTLEY, DAUNA) (Entered: 12/13/2010)
2011-01-14 19 0 ***FILED IN ERROR*** Rule 26(f) Report (Joint) filed by all parties by PAMELA D. HALL.(MARTIN, ANGELA) Modified on 1/18/2011 to reflect document was filed in error. Please see Pleading # 20 for correct pleading (Law, Trina). (Entered: 01/14/2011)
2011-01-17 20 0 Rule 26(f) Report (Joint) Amended filed by all parties by PAMELA D. HALL.(MARTIN, ANGELA) (Entered: 01/17/2011)
2011-01-18 21 0 Notice to Parties RE: SO30. Responses due by 2/18/2011 (Winchester, Robin) (Entered: 01/18/2011)
2011-01-26 22 0 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants RICHARD J. DE GIACOMO, JR, PORTFOLIO RECOVERY ASSOCIATES, LLC, LEE C. ROGERS, SESSOMS & ROGERS, P.A.. DAUNA L. BARTLEY is substituted as counsel for Defendants. Attorney JEFFREY M. YOUNG terminated. (BARTLEY, DAUNA) (Entered: 01/26/2011)
2011-01-27 23 0 ORDER signed by MAG/JUDGE L. PATRICK AULD on 1/27/11, granting 20 JOINT RULE 26F REPORT, that the Court has reviewed the Amended Joint Rule 26(f) Report (Docket Entry 20 ) submitted by the parties and approves it without modification. Discovery shall be placed on a case-management track established as: Complex. Mediation should be conducted late in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties have not yet agreed on the identity of the mediator. The parties have not reached any agreements regarding consent to a magistrate judge. Trial of the action is expected to take approximately 2-3 days. A jury trial has not been demanded. Plaintiff's Amended Pleadings due by 3/1/2011. Defendants' Amended Pleadings due by 3/1/2011. Joinder of Parties for Plaintiff due by 3/1/2011. Joinder of Parties for Defendant due by 3/1/2011. Discovery due by 8/1/2011. (Law, Trina) Modified on 1/27/2011 to supplement text (Law, Trina). (Entered: 01/27/2011)
2011-02-10 24 0 NOTICE of Acceptance with Offer of Judgment by PAMELA D. HALL (Attachments: # 1 Exhibit Defendants' Offer of Judgment)(MARTIN, ANGELA) (Entered: 02/10/2011)
2011-02-23 25 0 NOTICE of Change of Address by CRAIG M. SHAPIRO (SHAPIRO, CRAIG) (Entered: 02/23/2011)
2011-02-23 26 0 Consent MOTION for Extension of Time To File Motion for Class Certification until April 8, 2011 by PAMELA D. HALL. (SHAPIRO, CRAIG) (Entered: 02/23/2011)
2011-03-01 27 0 ORDER signed by MAG/JUDGE L. PATRICK AULD on 3/1/11, that Plaintiff's Consent Motion for Enlargement of Time to File Motion for Class Certification (Docket Entry 26 ) is GRANTED, and the deadline to file Plaintiff's Motion for Class Certification is extended to and including April 8, 2011. Motion due by 4/8/2011. (Law, Trina) (Entered: 03/01/2011)
2011-04-08 28 0 Consent MOTION for Extension of Time To File Motion Moving for Class Certification and Preliminary Approval of the Accepted Offer of Judgment 27 Order on Motion for Extension of Time To File Motion, until May 2, 2011 by PAMELA D. HALL. (MARTIN, ANGELA) (Entered: 04/08/2011)
2011-04-13 29 0 ORDER signed by MAG/JUDGE L. PATRICK AULD on 4/13/11, granting 28 Motion for Extension of Time, that Plaintiff's Consent Motion for Enlargement of Time to File Motion for Class Certification (Docket Entry 28 ) is GRANTED, and the deadline to file Plaintiff's Motion for Class Certification is extended to and including May 2, 2011. Motions due by 5/2/2011. (Law, Trina) (Entered: 04/13/2011)
2011-05-02 30 0 Joint MOTION to Certify Class to Approve Accepted Offer of judgment by PAMELA D. HALL. Responses due by 5/26/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(SHAPIRO, CRAIG) (Entered: 05/02/2011)
2011-05-02 31 0 MEMORANDUM re 30 Joint MOTION to Certify ClassJoint MOTION to Approve Accepted Offer of judgment filed by PAMELA D. HALL. (Attachments: # 1 Exhibit 1)(SHAPIRO, CRAIG) (Entered: 05/02/2011)
2011-05-02 32 0 DECLARATION of Craig M. Shapiro re 30 Joint MOTION to Certify Class to Approve Accepted Offer of judgment filed by PAMELA D. HALL. (SHAPIRO, CRAIG) (Entered: 05/02/2011)
2011-05-02 33 0 DECLARATION of Angela O. Martin re 30 Joint MOTION to Certify Class to Approve Accepted Offer of judgment filed by PAMELA D. HALL. (SHAPIRO, CRAIG) (Entered: 05/02/2011)
2011-06-20 34 0 NOTICE of Appearance by attorney JOSEPH A. BLEDSOE, III on behalf of Plaintiff PAMELA D. HALL (BLEDSOE, JOSEPH) (Entered: 06/20/2011)
2011-06-20 35 0 Consent MOTION to Withdraw as Attorney ANGELA O. MARTIN by on behalf of PAMELA D. HALL. (MARTIN, ANGELA) (Entered: 06/20/2011)
2011-06-26 36 0 DECLARATION of Joseph A. Bledsoe, III by Plaintiff PAMELA D. HALL. (BLEDSOE, JOSEPH) (Entered: 06/26/2011)
2011-06-26 37 0 MOTION to Substitute Joseph A. Bledsoe, III as Class Counsel for Angela O. Martin by PAMELA D. HALL. Responses due by 7/21/2011 (BLEDSOE, JOSEPH) (Entered: 06/26/2011)
2011-06-27 38 0 ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY APPROVAL OF ACCEPTED OFFER OF JUDGMENT as set out; Signed by JUDGE THOMAS D. SCHROEDER on 6/27/11. (Law, Trina) (Entered: 06/27/2011)
2011-10-07 39 0 Consent MOTION for Leave for Class Co-Counsel to Appear Telephonically at Fairness Hearing re 38 Order on Motion to Certify Class, Order on Motion to Approve, Order on Motion to Withdraw as Attorney, Order on Motion to Substitute by PAMELA D. HALL. (Attachments: # 1 Text of Proposed Order Text of Proposed Order granting motion)(SHAPIRO, CRAIG) (Entered: 10/07/2011)
2011-10-12 40 0 Consent MOTION to Appear Telephonically at Fairness Hearing (Amended Consent Motion) by PAMELA D. HALL. (Attachments: # 1 Text of Proposed Order Proposed Order granting consent motion to appear telephonically)(SHAPIRO, CRAIG) (Entered: 10/12/2011)
2011-10-14 41 0 ORDER signed by JUDGE THOMAS D. SCHROEDER on 10/14/11, that the 40 Motion is GRANTED, and Craig M. Shapiro, Esq., may participate telephonically at the October 18, 2011 Fairness Hearing. (Law, Trina) (Entered: 10/14/2011)
2011-10-14 42 0 MEMORANDUM re 30 Joint MOTION to Certify ClassJoint MOTION to Approve Accepted Offer of judgment filed by RICHARD J. DE GIACOMO, JR, PAMELA D. HALL, PORTFOLIO RECOVERY ASSOCIATES, LLC, LEE C. ROGERS, SESSOMS & ROGERS, P.A. (Attachments: # 1 Exhibit 1 (Affidavit of Susan Tsai), # 2 Exhibit 2 (proposed Final Approval Order), # 3 Exhibit 3 (proposed Class Action Judgment))(SHAPIRO, CRAIG) (Entered: 10/14/2011)
2011-10-20 43 0 Joint Notice of Service of Notice of Proposed Class Action Settlement Pursuant to 28 U.S.C. § 1715 by RICHARD J. DE GIACOMO, JR, PAMELA D. HALL, PORTFOLIO RECOVERY ASSOCIATES, LLC, LEE C. ROGERS, SESSOMS & ROGERS, P.A. (Attachments: # 1 Exhibit A - CAFA Notice)(BARTLEY, DAUNA) (Entered: 10/20/2011)
2011-11-11 44 0 Consent MOTION for Extension of Time To File Motion to file Plaintiff's Motion for Award of Costs and Attorney Fees until December 23, 2011 by PAMELA D. HALL. (Attachments: # 1 Text of Proposed Order granting consent motion for extension of time)(SHAPIRO, CRAIG) (Entered: 11/11/2011)
2011-11-14 45 0 ORDER signed by JUDGE THOMAS D. SCHROEDER on 11/14/11, granting 44 Motion for Extension of Time, that the Plaintiff shall file her Motion for Award of Costs and Attorney Fees by December 23, 2011. Motions due by 12/23/2011. (Law, Trina) (Entered: 11/14/2011)
2011-12-20 46 0 STIPULATION Regarding Award of Statutory Attorney Fees by PAMELA D. HALL. (SHAPIRO, CRAIG) Modified to edit event on 12/20/2011 (Solomon, Dianne). (Entered: 12/20/2011)
2012-01-13 47 0 MOTION for Cost and Fees by PAMELA D. HALL. Responses due by 2/6/2012 (SHAPIRO, CRAIG) (Entered: 01/13/2012)
2012-01-13 48 0 DECLARATION of Craig Shapiro re 47 MOTION for Cost and Fees filed by Plaintiff PAMELA D. HALL. (Attachments: # 1 Exhibit A)(SHAPIRO, CRAIG) (Entered: 01/13/2012)
2012-01-13 49 0 DECLARATION of Angela Martin re 47 MOTION for Cost and Fees filed by Plaintiff PAMELA D. HALL. (SHAPIRO, CRAIG) (Entered: 01/13/2012)
2012-01-13 50 0 DECLARATION of Joseph Bledsoe re 47 MOTION for Cost and Fees filed by Plaintiff PAMELA D. HALL. (SHAPIRO, CRAIG) (Entered: 01/13/2012)
2012-01-13 51 0 CERTIFICATE OF SERVICE re 47 MOTION for Cost and Fees, 48 Declaration, 49 Declaration, 50 Declaration by PAMELA D. HALL. (SHAPIRO, CRAIG) (Entered: 01/13/2012)
2012-01-17 52 0 EXHIBIT re: 48 Declaration of Craig Shapiro by PAMELA D. HALL. (SHAPIRO, CRAIG) (Entered: 01/17/2012)
2012-01-17 53 0 RESPONSE re 47 MOTION for Cost and Fees filed by RICHARD J. DE GIACOMO, JR, PORTFOLIO RECOVERY ASSOCIATES, LLC, LEE C. ROGERS, SESSOMS & ROGERS, P.A.(Attachments: # 1 Exhibit A - McPhatter Stipulation and Order)(BARTLEY, DAUNA) (Entered: 01/17/2012)
2012-01-18 54 0 NOTICE by RICHARD J. DE GIACOMO, JR, PAMELA D. HALL, PORTFOLIO RECOVERY ASSOCIATES, LLC, LEE C. ROGERS, SESSOMS & ROGERS, P.A. of Expiration of 90 Days Following Notice of Proposed Class Action Settlement Pursuant to 28 U.S.C. § 1715 (BARTLEY, DAUNA) (Entered: 01/18/2012)
2012-01-26 55 0 ORDER GRANTING FINAL APPROVAL OF ACCEPTED OFFER OF JUDGMENT as set out; Signed by JUDGE THOMAS D. SCHROEDER on 1/26/12. (Law, Trina) (Entered: 01/26/2012)
2012-01-26 56 0 CLASS ACTION JUDGMENT signed by JUDGE THOMAS D. SCHROEDER on 1/26/12, that Judgment be entered in favor of class representative Pamela D. Hall and the class she represents, certified by this court's Order of June 27, 2011, and against Defendants Sessoms & Rogers, P.A., Richard J. De Giacomo, Jr., Lee C. Rogers, and Portfolio Recovery Associates, LLC, as follows: Statutory damages in the amount of One Thousand One Dollars ($1,001.00) for the claim of Plaintiff Pamela D. Hall, individually; Statutory damages in the amount of Seven Thousand Dollars ($7,000.00) for the claims of the certified class; Reasonable costs and attorneys' fees to Plaintiff, as class representative, in the amount of Twelve Thousand Two Hundred Seventy Five Dollars ($12,275.00); and Costs to administer the class settlement. FURTHER that Steven A. DeCanio and Karen Ward, who timely excluded themselves as class members in this lawsuit, are specifically EXCLUDED from this Judgment. (Law, Trina) (Entered: 01/26/2012)
2012-04-24 57 0 NOTICE of Change of Address by DAUNA L. BARTLEY (BARTLEY, DAUNA) (Entered: 04/24/2012)
2012-06-07 58 0 STIPULATION of Joint Performance by PAMELA D. HALL. (SHAPIRO, CRAIG) (Entered: 06/07/2012)