Case details

Court: txnd
Docket #: 3:12-cv-04506
Case Name: Johnson v. Zwicker & Associates, P.C. et al
PACER case #: 225234
Date filed: 2012-11-08
Date terminated: 2013-07-02
Assigned to: Judge Barbara M.G. Lynn
Referred to: Magistrate Judge David L Horan
Case Cause: 15:1681 Fair Credit Reporting Act
Nature of Suit: 480 Other Statutes: Consumer Credit
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Tobian Johnson
Plaintiff
Tobian Johnson
604 Abbot Ave Desoto, TX 75115 214/878-2135 PRO SE

Zwicker & Associates PC
Defendant
Audrie L Lawton
Zwicker & Associates PC Old Town Square 1 Chisholm Trail Suite 301 Round Rock, TX 78681 512/218-0488 Fax: 512/218-0477 Email: alawton@zwickerpc.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Robert W Thuotte
Zwicker & Associates PC 80 Minuteman Road Andover, MA 01810 866/367-9942 Fax: 978/686-6831 Email: rthuotte@zwickerpc.com
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Christopher D Osborn
Defendant
Audrie L Lawton
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Robert W Thuotte
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Joseph M O'Bell
Defendant
Audrie L Lawton
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Robert W Thuotte
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

ADR Provider
Mediator
Brian R Gerron
Gilbert Mediation Group Coit Tower 12001 N. Central Expressway Suite 650 Dallas, TX 75243 214/303-4500 Fax: 214/303-4501 Email: debbie@gmgtexas.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-11-08 1 0 New Case Notes: A filing fee has been paid. File to Judge to be determined. PTRL case referral set and case referred to Magistrate Judge to be determined (see Special Order 3). Case received over counter/electronically. No prior sanctions found. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge to be determined). Clerk to provide copy to plaintiff if not received electronically. (ykp) (Entered: 11/08/2012) 2012-12-09 14:20:01 6cfd56d7ab25edc54f31409b834c44023346b45c
2012-11-08 2 0 Notice and Instruction to Pro Se Party. (ykp) (Entered: 11/08/2012)
2012-11-08 3 0 COMPLAINT WITH JURY DEMAND against Joseph M O'Bell, Christopher D Osborn, Zwicker & Associates, P.C. filed by Tobian Johnson. (Filing fee $350; Receipt number DS062361) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (ykp) (Entered: 11/08/2012) 2012-12-09 14:21:26 d3f1b9a2facaea7ec2043851a4f273c9f3572b9d
2012-11-08 4 0 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Tobian Johnson. (ykp) (Entered: 11/08/2012)
2012-11-08 5 0 Summons Issued as to Joseph M O'Bell, Christopher D Osborn, Zwicker & Associates, P.C. (ykp) (Entered: 11/08/2012)
2012-11-14 6 0 ORDER: If proper service is not made within 120 days after the complaint is filed, this case will be subject to dismissal without prejudice. (See order for specifics) (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/14/2012 pursuant to Special Order 3-289) (mcrd) (Entered: 11/15/2012)
2012-12-10 7 0 NOTICE of Attorney Appearance by Audrie L Lawton on behalf of Joseph M O'Bell, Christopher D Osborn, Zwicker & Associates PC. (Filer confirms contact info in ECF is current.) (Lawton, Audrie) (Entered: 12/10/2012)
2012-12-11 8 0 ANSWER to 3 Complaint,, filed by Joseph M O'Bell, Christopher D Osborn, Zwicker & Associates PC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Lawton, Audrie) (Entered: 12/11/2012)
2012-12-11 9 0 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Joseph M O'Bell, Christopher D Osborn, Zwicker & Associates PC. (Lawton, Audrie) (Entered: 12/11/2012)
2012-12-11 10 0 SUMMONS Returned Executed as to Christopher D Osborn; served on 11/19/2012. (axm) (Entered: 12/11/2012)
2012-12-12 11 0 STANDING ORDER ON NON-DISPOSITIVE MOTIONS: This order governs the filing and disposition of all discovery-related motions, pleading disputes, and other non-dispositive motions in this case. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 12/12/2012) (mcrd) (Entered: 12/12/2012)
2012-12-12 12 0 ORDER: The parties shall submit a joint status report and proposed scheduling plan by 1/9/2013. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 12/12/2012) (mcrd) (Entered: 12/12/2012)
2013-01-09 13 0 Proposal for contents of scheduling and discovery order Joint Status Report and Proposed Scheduling Plan by Joseph M O'Bell, Christopher D Osborn, Zwicker & Associates PC. (Lawton, Audrie) (Entered: 01/09/2013)
2013-01-11 14 0 INITIAL SCHEDULING ORDER: Amended Pleadings due by 3/1/2013. Discovery due by 8/16/2013. Joinder of Parties due by 3/1/2013. Deadline for mediation is on or before 3/20/2013. Dispositive Motions due by 9/16/2013. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 1/11/2013) (mcrd) (Entered: 01/11/2013)
2013-01-31 15 0 SUMMONS Returned Executed as to Zwicker & Associates PC ; served on 12/17/2012. (ndt) (Entered: 01/31/2013)
2013-01-31 16 0 SUMMONS Returned Executed as to Joseph M O'Bell ; served on 12/17/2012. (ndt) (Entered: 01/31/2013)
2013-02-12 17 0 JUDICIAL NOTICE filed by Tobian Johnson. (tln) (Entered: 02/12/2013)
2013-02-18 18 0 NOTICE of Attorney Appearance by Robert W Thuotte on behalf of All Defendants. (Filer confirms contact info in ECF is current.) (Thuotte, Robert) (Entered: 02/18/2013)
2013-03-19 19 0 MOTION for Enlargement of Time to Complete Mediation filed by Tobian Johnson. (jrr) (Entered: 03/19/2013)
2013-03-21 20 0 ORDER granting 19 Motion to Extend Time. Deadline for mediation is on or before 4/22/2013. (Ordered by Magistrate Judge David L Horan on 3/21/2013) (mcrd) (Entered: 03/21/2013)
2013-04-18 21 0 MOTION to Have Discover Admissions Deemed Admitted Pursuant to FRCP 36(a)(3) filed by Tobian Johnson. (axm) (Entered: 04/18/2013)
2013-04-19 22 0 ORDER: Defendants shall file a responses by 5/10/2013 re: 21 MOTION to Have Discovery Admissions Deemed Admitted Pursuant to FRCP 36(a)(3). Replies due by 5/24/2013. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 4/19/2013) (mcrd) (Entered: 04/19/2013)
2013-04-23 23 0 MOTION for Enlargement of Time to Complete Mediation filed by Tobian Johnson. (twd) (Entered: 04/24/2013)
2013-04-24 24 0 ELECTRONIC ORDER: Plaintiff has filed a Motion for Enlargement of Time to Complete Mediation 23 , requesting a second extension of the deadline for mediation from April 26, 2013 to May 26, 2013. In his motion, Plaintiff explains that mediation has not been arranged but also that mediation should be completed by May 26, 2013 and that Defendants' counsel informed Plaintiff that Defendants' first available date for mediation is April 30, 2013. Defendants shall file a written response to Plaintiff's motion by April 29, 2013 and shall describe in their response (1) the parties' efforts to date to complete mediation, as required by the Court's Initial Scheduling Order 14 based on the parties' Joint Status Report and Proposed Scheduling Plan 13 , and (2) Defendants' view on the feasibility of completing mediation by May 26, 2013. (Ordered by Magistrate Judge David L. Horan on 4/24/2013.) (Entered: 04/24/2013)
2013-04-29 25 0 RESPONSE filed by Joseph M O'Bell, Christopher D Osborn, Zwicker & Associates PC re: 23 MOTION to Extend Time (Attachments: # 1 Exhibit(s) 1 - Affidavit of Robert W. Thuotte, Esq.) (Thuotte, Robert) (Entered: 04/29/2013)
2013-04-29 26 0 ELECTRONIC ORDER: Plaintiff has filed a Motion for Enlargement of Time to Complete Mediation 23 , requesting a second extension of the deadline for mediation from April 22, 2013 to May 26, 2013. Defendants have responded and requested that the Court grant the requested extension. See Dkt. No. 25. Based on the parties' representations, Plaintiff's Motion 23 is GRANTED, and the deadline for the parties to complete mediation is extended to May 28, 2013. No later than 7 days after the mediation is completed, the parties shall file a joint status report that is limited to advising the Court that the case did or did not settle. (Ordered by Magistrate Judge David L. Horan on 4/29/2013.) (Entered: 04/29/2013)
2013-05-09 27 0 Alternative Dispute Resolution Summary filed by Brian Gerron. Attorneys in Attendance: Robert W. Thuotte, Esq./Tobian Johnson, Pro Se Plaintiff. Prv Fee: $ 750.00. Outcome of ADR: Parties were unable to reach a settlement. (Gerron, Brian) (Entered: 05/09/2013)
2013-05-10 28 0 OBJECTION filed by Zwicker & Associates PC re: 21 MOTION to Have Discovery Admissions Deemed Admitted Pursuant to FRCP 36(a)(3) (Thuotte, Robert) (Entered: 05/10/2013)
2013-05-10 29 0 Appendix in Support filed by Zwicker & Associates PC re 28 Response/Objection (Thuotte, Robert) (Entered: 05/10/2013)
2013-05-15 30 0 STATUS REPORT Regarding Outcome of Mediation filed by Joseph M O'Bell, Christopher D Osborn, Zwicker & Associates PC. (Thuotte, Robert) (Entered: 05/15/2013)
2013-05-16 31 0 Joint STATUS REPORT Regarding Outcome of Mediation filed by Tobian Johnson, Joseph M O'Bell, Christopher D Osborn, Zwicker & Associates PC. (Thuotte, Robert) (Entered: 05/16/2013)
2013-05-23 32 0 Plaintiff's Reply to Zwicker & Associates, P.C's Opposition to Plaintiff's Motion. filed by Tobian Johnson re: 21 MOTION to Have Discover Admissions Deemed Admitted Pursuant to FRCP 36(a)(3). (ykp) Modified text on 5/23/2013 (ykp). (Entered: 05/23/2013)
2013-05-23 33 0 Appendix in Support filed by Tobian Johnson re 32 Plaintiff's Reply to Zwicker & Associates, P.C's Opposition to Plaintiff's Motion. (ykp) (Entered: 05/23/2013)
2013-05-29 34 0 MOTION Request that all deemed admissions of Zwicker shall be deemed withdrawn filed by Zwicker & Associates PC with Brief/Memorandum in Support. (Attachments: # 1 Status Report) (Thuotte, Robert) (Entered: 05/29/2013)
2013-05-29 35 0 Appendix in Support filed by Zwicker & Associates PC re 34 MOTION Request that all deemed admissions of Zwicker shall be deemed withdrawn (Thuotte, Robert) (Entered: 05/29/2013)
2013-05-30 36 0 Notice of Correction of Signature Omission, correcting signature omission in 35 Appendix in Support filed by Zwicker & Associates PC. (Thuotte, Robert) (Entered: 05/30/2013)
2013-06-04 37 0 RESPONSE filed by Tobian Johnson re: 34 MOTION Request that all deemed admissions of Zwicker shall be deemed withdrawn. (ykp) (Entered: 06/04/2013)
2013-07-02 38 0 STIPULATION OF DISMISSAL WITH PREJUDICE by Tobian Johnson, Joseph M O'Bell, Christopher D Osborn, Zwicker & Associates PC. (ctf) (Entered: 07/02/2013)