Case details

Court: vaed
Docket #: 3:08-cv-00547
Case Name: Reed v. Icon Fitness - EC
PACER case #: 233567
Date filed: 2008-08-25
Date terminated: 2010-08-24
Assigned to: District Judge Henry E. Hudson
Case Cause: 15:1681 Fair Credit Reporting Act
Nature of Suit: 480 Consumer Credit
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Rebecca Reed
Plaintiff
for herself and on behalf of all similarly situated individuals
Leonard Anthony Bennett
Consumer Litigation Associates 763 J Clyde Morris Boulevard Suite 1A Newport News, VA 23601 757-930-3660 Fax: 757-930-3662 Email: lenbennett@clalegal.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gary L. Abbott
Consumer Litigation Associates 763 J Clyde Morris Boulevard Suite 1A Newport News, VA 23601 757-930-3660 Fax: 757-930-3662 Email: gary@clalegal.com
ATTORNEY TO BE NOTICED

Robin Ann Abbott
Consumer Litigation Associates 763 J Clyde Morris Boulevard Suite 1A Newport News, VA 23601 (757) 930-3660 Fax: (757) 930-3662 Email: rabbottlaw@msn.com
ATTORNEY TO BE NOTICED

Icon Fitness-EC
Defendant
TERMINATED: 12/10/2009
Calvin Wooding Fowler , Jr.
Williams Mullen (Richmond) 200 South 10th St, 16th Floor (23219) P. O. Box 1320 Richmond, VA 23218-1320 (804) 420-6000 Fax: (804) 420-6507 Email: wfowler@williamsmullen.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Harold Edward Johnson
Williams Mullen (Richmond) 200 South 10th St, 16th Floor (23219) P. O. Box 1320 Richmond, VA 23218-1320 (804) 420-6000 Fax: (804) 420-6507 Email: hjohnson@williamsmullen.com
ATTORNEY TO BE NOTICED

Turner A. Broughton
Williams Mullen (Richmond) 200 South 10th St, 16th Floor (23219) P. O. Box 1320 Richmond, VA 23218-1320 804-420-6588 Fax: 804-420-6507 Email: tbroughton@williamsmullen.com
ATTORNEY TO BE NOTICED

Arvest Bank
Defendant
Harold Edward Johnson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Turner A. Broughton
(See above for address)
ATTORNEY TO BE NOTICED

Dent-a-Med, Inc.
Defendant
doing business asHC Processing Center
Turner A. Broughton
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Icon Fitness, Inc.
Defendant
Calvin Wooding Fowler , Jr.
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Harold Edward Johnson
(See above for address)
ATTORNEY TO BE NOTICED

Turner A. Broughton
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-08-25 1 0 COMPLAINT against ICON Fitness - EC (Filing fee $350.00 receipt number 34683000286) filed by Rebecca Reed. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(lsal) (Entered: 08/25/2008)
2008-08-25 2 0 Summons Issued as to ICON Fitness - EC and returned in stamped, self-addressed envelope provided by counsel; (lsal) (Entered: 08/25/2008)
2008-10-29 3 0 Certificate of Compliance by Rebecca Reed. ICON Fitness - EC served on 10/29/2008, answer due 11/18/2008. (cmcc, ) (Entered: 11/05/2008)
2008-11-11 4 0 NOTICE of Appearance by Gary L. Abbott on behalf of Rebecca Reed (Abbott, Gary) (Entered: 11/11/2008)
2008-11-11 5 0 NOTICE of Appearance by Robin A. Abbott on behalf of Rebecca Reed (Abbott, Robin) (Entered: 11/11/2008)
2008-11-12 6 0 AGREED ORDER that plaintiff's complaint be deemed properly served on November 6, 2008 and defendant's pleadings in response to complaint shall be filed on or before November 26, 2008; Signed by District Judge Richard L. Williams on 11/12/08. (lsal) (Entered: 11/12/2008)
2008-11-17 7 0 Certificate of Compliance by Rebecca Reed. ICON Fitness - EC served on 11/17/2008, answer due 12/8/2008. (lsal) (Entered: 11/17/2008)
2008-11-25 8 0 First MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement by ICON Fitness - EC. (Johnson, Harold) (Entered: 11/25/2008)
2008-11-25 9 0 Memorandum in Support re 8 First MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement filed by ICON Fitness - EC. (Attachments: # 1 Exhibit A - Adverse Action Notice, # 2 Exhibit B - Dent-A-Med Complaint, # 3 Exhibit C - FTC Letter)(Johnson, Harold) (Entered: 11/25/2008)
2008-11-25 10 0 First MOTION to Transfer Case by ICON Fitness - EC. (Johnson, Harold) (Entered: 11/25/2008)
2008-11-25 11 0 Memorandum in Support re 10 First MOTION to Transfer Case filed by ICON Fitness - EC. (Attachments: # 1 Exhibit A - Declaration of Everett Smith)(Johnson, Harold) (Entered: 11/25/2008)
2008-12-09 12 0 MOTION for Extension of Time to File Response/Reply as to 8 First MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement, 10 First MOTION to Transfer Case by Rebecca Reed. (Abbott, Gary) (Entered: 12/09/2008)
2008-12-09 13 0 ORDER granting 12 Motion for Extension of Time to File a response to defendant's motion to dismiss, or in the alternative, motion for a more definite statement and its motion to transfer venue; Court GRANTS the motion and EXTENDS time for plaintiff's response to and including December 16, 2008; Signed by District Judge Richard L. Williams on 12/9/08. (lsal) (Entered: 12/09/2008)
2008-12-15 14 0 Notice of Hearing Date re 8 First MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement, 10 First MOTION to Transfer Case (Johnson, Harold) (Entered: 12/15/2008)
2008-12-16 15 0 Second MOTION for Extension of Time to File Response/Reply as to 8 First MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement, 10 First MOTION to Transfer Case by Rebecca Reed. (Abbott, Gary) (Entered: 12/16/2008)
2008-12-17 16 0 ORDER granting 15 Second Joint Motion for Extension of Time to File Response; EXTENDS time for plaintiff's response to and including December 18, 2008; Signed by District Judge Richard L. Williams on 12/17/08. (lsal) (Entered: 12/17/2008)
2008-12-18 17 0 ORDER to REASSIGN this action to U.S. District Judge James R. Spencer; hearing scheduled for 1/9/09 has been cancelled; Counsel DIRECTED to contact chambers of Judge Spencer to reschedule the hearing; Clerk SEND copy of this Order to all counsel of record and Judge Spencer; Signed by District Judge Richard L. Williams on 12/18/08. (lsal) (Entered: 12/18/2008)
2008-12-18 18 0 ORDER REASSIGNING CASE. Case reassigned to District Judge Richard L. Williams for all further proceedings. District Judge James R. Spencer no longer assigned to case. Signed by District Judge Richard L. Williams on 12/18/08. (lsal) (Entered: 12/18/2008)
2008-12-18 19 0 AMENDED COMPLAINT against ICON Fitness - EC, filed by Rebecca Reed.(Abbott, Gary) (Entered: 12/18/2008)
2008-12-18 20 0 Memorandum in Opposition re 10 First MOTION to Transfer Case filed by Rebecca Reed. (Attachments: # 1 Exhibit A)(Bennett, Leonard) (Entered: 12/18/2008)
2008-12-19 21 0 Memorandum in Opposition re 8 First MOTION to Dismiss or in the Alternative, Motion for a More Definite Statement filed by Rebecca Reed. (Bennett, Leonard) (Entered: 12/19/2008)
2008-12-19 22 0 MOTION to Consolidate Cases by Rebecca Reed. (Abbott, Gary) (Entered: 12/19/2008)
2008-12-19 23 0 Memorandum in Support re 22 MOTION to Consolidate Cases filed by Rebecca Reed. (Abbott, Gary) (Entered: 12/19/2008)
2008-12-19 24 0 MOTION to Stay Proceedings by Rebecca Reed. (Abbott, Gary) (Entered: 12/19/2008)
2008-12-19 25 0 Memorandum in Support re 24 MOTION to Stay Proceedings filed by Rebecca Reed. (Abbott, Gary) (Entered: 12/19/2008)
2008-12-23 26 0 Joint MOTION for Extension of Time to File its Motions and/or Responsive Pleadings to Plaintiff's Amended Complaint, Motion to Stay Proceedings, and Reply Brief in Support of ICON Fitness' Motion to Transfer Venue by ICON Fitness - EC. (Attachments: # 1 Proposed Order Proposed Order granting Joint Consent Motion for Extension of Time)(Broughton, Turner) (Entered: 12/23/2008)
2008-12-24 27 0 ORDER granting 26 Joint Motion for Extension of Time to file a motion and/or responsive pleadings to and including January 6, 2009. Signed by District Judge Richard L. Williams on 12/24/08. (kyou, ) (Entered: 12/24/2008)
2008-12-30 28 0 SCHEDULING ORDER: Initial Pretrial Conference set for 1/9/2009 at 02:00 PM (with motion hearing) before District Judge Richard L. Williams. Signed by District Judge Richard L. Williams on 12/30/08. (wtuc) (Entered: 12/30/2008)
2009-01-06 29 0 ANSWER to Amended Complaint by ICON Fitness - EC.(Johnson, Harold) (Entered: 01/06/2009)
2009-01-06 30 0 MOTION to Dismiss for Lack of Jurisdiction by ICON Fitness - EC. (Johnson, Harold) (Entered: 01/06/2009)
2009-01-06 31 0 MOTION to Dismiss Pursuant to Rule 12(b)(6) by ICON Fitness - EC. (Johnson, Harold) (Entered: 01/06/2009)
2009-01-06 32 0 Memorandum in Support re 30 MOTION to Dismiss for Lack of Jurisdiction, 31 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by ICON Fitness - EC. (Johnson, Harold) (Entered: 01/06/2009)
2009-01-06 33 0 REPLY to Response to Motion re 10 First MOTION to Transfer Case filed by ICON Fitness - EC. (Attachments: # 1 Exhibit A- Declaration of Mark Robertson, # 2 Exhibit B - Declaration of Everett Smith, # 3 Exhibit C - Declaration of Tamara Kee)(Johnson, Harold) (Entered: 01/06/2009)
2009-01-06 34 0 RESPONSE in Opposition re 24 MOTION to Stay Proceedings filed by ICON Fitness - EC. (Johnson, Harold) (Entered: 01/06/2009)
2009-01-06 35 0 Financial Interest Disclosure Statement (Local Rule 7.1) by ICON Fitness - EC. (Johnson, Harold) (Entered: 01/06/2009)
2009-01-08 36 0 SCHEDULING ORDER: Initial Pretrial Conference set for 2/25/09 at 10:00 a.m. Signed by District Judge Richard L. Williams on 1/8/09. (wtuc) (Entered: 01/08/2009)
2009-01-20 37 0 MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Dismiss for Lack of Jurisdiction by Rebecca Reed. (Bennett, Leonard) (Entered: 01/20/2009)
2009-01-20 38 0 MOTION for Extension of Time to File Response/Reply as to 32 Memorandum in Support by Rebecca Reed. (Bennett, Leonard) (Entered: 01/20/2009)
2009-01-21 39 0 ORDER granting 38 Motion for Extension of Time to File Response to defendant's motions to dismiss; ORDERED time EXTENDED to and including January 21, 2009; Signed by District Judge Richard L. Williams on 1/21/09. (lsal) (Entered: 01/21/2009)
2009-01-22 40 0 Memorandum in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction, 31 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Rebecca Reed. (Bennett, Leonard) (Entered: 01/22/2009)
2009-01-27 41 0 REPLY to Response to Motion re 30 MOTION to Dismiss for Lack of Jurisdiction, 31 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by ICON Fitness - EC. (Broughton, Turner) (Entered: 01/27/2009)
2009-02-23 42 0 ORDER granting 24 Motion to Stay pending settlement conference; Hearing and Pretrial Conference scheduled for February 25, 2009 are CANCELLED; Cousel DIRECTED to jointly report back to Court with regard to status of this matter no later than 2 weeks after settlement conference; counsel ORDERED to jointly contact Chambers of Honorable United States Magistrate Judge M. Hannah Lauck w/in 10 days of date of this Order to schedule a settlement conference; Clerk send copy of this Order to all counsel of record and to Honorable United States Magistrate Judge M. Hannah Lauck; Signed by District Judge Richard L. Williams on 2/13/09. (lsal) (Copies distributed as directed to to USM Judge Lauck) (Entered: 02/23/2009)
2009-11-23 43 0 Amended MOTION to Consolidate Cases by Rebecca Reed. (Abbott, Gary) (Entered: 11/23/2009)
2009-11-23 44 0 Memorandum in Support re 43 Amended MOTION to Consolidate Cases filed by Rebecca Reed. (Abbott, Gary) (Entered: 11/23/2009)
2009-11-24 45 0 ORDER GRANTING 43 Motion to Consolidate Cases; finding as moot the following motions: 30 Motion to Dismiss for Lack of Jurisdiction; 31 Motion to Dismiss; 8 Motion to Dismiss; 10 Motion to Transfer Case;and 22 Motion to Consolidate Cases; DIRECTING the Clerk to CONSOLIDATE these matters for all purposes under Civil Action Number 3:08cv547. Signed by District Judge Richard L. Williams on 11/24/2009. (lhin, ) (Entered: 11/24/2009)
2009-12-10 46 0 AMENDED COMPLAINT , SECOND against all defendants, filed by Rebecca Reed.(Abbott, Gary) (Entered: 12/10/2009) 2015-08-12 10:07:12 c00763df8c50709e5588e1614572ab432cde8208
2009-12-18 47 0 ANSWER to Complaint (Second Amended) by Arvest Bank.(Broughton, Turner) (Entered: 12/18/2009)
2009-12-18 48 0 ANSWER to Complaint (Second Amended) by Dent-a-Med, Inc..(Broughton, Turner) (Entered: 12/18/2009)
2009-12-18 49 0 ANSWER to Complaint (Second Amended) by Icon Fitness, Inc..(Broughton, Turner) (Entered: 12/18/2009)
2010-04-15 50 0 STIPULATION of Settlement by Arvest Bank, Dent-a-Med, Inc., Icon Fitness, Inc., Rebecca Reed. (Broughton, Turner) (Entered: 04/15/2010)
2010-04-16 51 0 STIPULATION of Settlement by Arvest Bank, Dent-a-Med, Inc., Icon Fitness, Inc., Rebecca Reed. (Attachments: # 1 Exhibit A - Order Granting Preliminary Approval to Proposed Class Settlement, # 2 Exhibit B - Order Approving Settlement, # 3 Exhibit C - Notice of Proposed Class Action Settlement, # 4 Exhibit D - Notice of Proposed Class Action Settlement)(Broughton, Turner) (Entered: 04/16/2010)
2010-05-04 52 0 Minute Entry for proceedings held before District Judge Richard L. Williams: Preliminary Hearing for Settlement of Class Action held on 5/4/2010; Fairness Hearing set for August 24, 2010 at 11:00 a.m. (Court Reporter G. Halasz, OCR.) (wtuc) (Entered: 05/05/2010)
2010-05-24 53 0 NOTICE by Arvest Bank, Dent-a-Med, Inc., Icon Fitness, Inc. of Filing Certification of Compliance with 28 U.S.C. Sec. 1715 (Fowler, Calvin) (Entered: 05/24/2010)
2010-05-24 54 0 Consent MOTION to Certify Class and Preliminary Settlement by Rebecca Reed. (Attachments: # 1 Exhibit A)(Abbott, Robin) (Entered: 05/24/2010)
2010-05-27 55 0 ORDER Granting 54 Consent Motion for Preliminary Approval of Proposed Class Settlement and Certification of Class (See Order for details). Signed by District Judge Richard L. Williams on 5/27/10 (lsal) (Entered: 05/27/2010)
2010-08-11 56 0 Consent MOTION for Attorney Fees and Final Approval of Class Settlement by Rebecca Reed. Associated Cases: 3:08-cv-00547-RLW, 3:08-cv-00677-RLW(Bennett, Leonard) (Entered: 08/11/2010)
2010-08-11 57 0 Memorandum in Support re (42 in 3:08-cv-00677-RLW) Consent MOTION for Attorney Fees and Final Approval of Class Settlement filed by Rebecca Reed. Associated Cases: 3:08-cv-00547-RLW, 3:08-cv-00677-RLW(Bennett, Leonard) (Entered: 08/11/2010)
2010-08-20 58 0 Supplemental MOTION to Amend/Correct 56 Consent MOTION for Attorney Fees and Final Approval of Class Settlement by Rebecca Reed. (Attachments: # 1 Exhibit A)(Abbott, Gary) (Entered: 08/20/2010)
2010-08-23 59 0 ORDER REASSIGNING CASE. Case reassigned to District Judge Henry E. Hudson for all further proceedings. District Judge Richard L. Williams no longer assigned to case. Signed by District Judge Richard L. Williams on 8/23/10. Associated Cases: 3:08-cv-00547-RLW, 3:08-cv-00677-RLW(lsal) (Entered: 08/23/2010)
2010-08-23 60 0 Supplemental MOTION to Amend/Correct 56 Consent MOTION for Attorney Fees and Final Approval of Class Settlement (Second Supplemental) by Rebecca Reed. (Attachments: # 1 Exhibit A)(Abbott, Gary) (Entered: 08/23/2010)
2010-08-24 61 0 Minute Entry for proceedings held before District Judge Henry E. Hudson: Fairness Hearing held on 8/24/2010; Settlement amount approved and order to enter (Court Reporter K. Liscio, OCR.) (wtuc) (Entered: 08/24/2010)
2010-08-24 62 0 Declaration of Class Administrator, Matthew E. Pohl. (wtuc) (Entered: 08/24/2010) 2011-03-21 11:41:22 5a2b8bf824c19d798bcdba07ec13006b0def969a
2010-08-24 63 0 ORDER APPROVING SETTLEMENT. Signed by District Judge Henry E. Hudson on 8/24/10. (wtuc) (Entered: 08/24/2010) 2011-03-21 11:42:50 ca079095b6f7613c0bd45982faede84bf1bd3b30