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12-1654 - COX et al v. SHERMAN CAPITAL LLC et al


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12-1654 - COX et al v. SHERMAN CAPITAL LLC et al
April 30, 2013
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ORDER granting Plaintiffs' 40 Motion to Compel; denying as moot Defendants' 52 Motion for Leave to File Reply Brief. Plaintiffs' Motion to Compel is hereby GRANTED for the limited purpose of conducting discovery as to the issue of personal jurisdiction only. Plaintiffs' reply brief in support of the motion to compel is STRICKEN as untimely and Defendants' Motion for Leave to File a Surreply is therefore DENIED as moot. Signed by Magistrate Judge Mark J. Dinsmore on 4/30/2013. (SWM)
June 4, 2013
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ORDER denying 63 motion to deem admissions admitted. Signed by Magistrate Judge Mark J. Dinsmore on 6/4/2013. (CBU)
June 13, 2013
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ORDER granting Pltfs' 77 Motion to Compel (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 6/13/2013. (SWM)
July 18, 2013
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REPORT AND RECOMMENDATION re 5 MOTION to Certify Class filed by STEPHANIE SNYDER, LUCINDA COX and ANDREW COX. Signed by Magistrate Judge Mark J. Dinsmore on 7/18/2013.(SWM)
August 8, 2013
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*VACATED PER DKT. 135* ORDER ADOPTING 131 REPORT AND RECOMMENDATIONS re 5 Motion to Certify Class. Signed by Judge Tanya Walton Pratt on 8/8/2013.(JD) Modified on 8/8/2013 (JD).
September 30, 2013
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REPORT AND RECOMMENDATIONS re 21 MOTION to Dismiss grants in part and deny in part defendants' motion. Signed by Magistrate Judge Mark J. Dinsmore on 9/30/2013.(CBU)
February 24, 2014
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ORDER - granting in part and denying in part 172 Motion to Compel. The Court grants Defendants twenty-eight (28) days from the date of this Order to supplement its responses to Plaintiffs' interrogatories and requests for production in a manner consistent with this Order *** SEE ORDER ***. Signed by Magistrate Judge Mark J. Dinsmore on 2/24/2014. (CKM)
March 31, 2014
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ENTRY ON MOTION TO RECONSIDER - The Defendants' Objection to the September 30, 2013 Report and Recommendation Regarding Defendants' Motion to Dismiss [Dkt. 154] is SUSTAINED in part and OVERRULED in part; thus the Motion to Dismiss [Dkt. 21] is GRANTED in part and DENIED in part. Defendants Benjamin W. Navarro, Leslie G. Gutierrez, Scott E. Silver, Kevin P. Branigan, Robert A. Roderick, Kennett Kendall, Sherman Capital Markets LLC, Sherman Acquisition, LLC, and Sherman Originator III, LLC are DISMISSED with prejudice due to lack of personal jurisdiction. Plaintiffs' RICO claims under Counts VII, VIII, IX and common law fraud claim under Count IV are DISMISSED without prejudice. Plaintiffs' FDCPA claims under Counts I and II against all Defendants are DISMISSED with prejudice. The only remaining claims in this case are the FDCPA claim under Count III and the common law unjust enrichment and restitution claims under Counts V and VI asserted against Sherman Capital LLC, Sherman Financial Group LLC, Sherman Originator LLC, LVNV, and Resurgent. Defendants' Objections to the July 18, 2013 Report and Recommendation Regarding Class Certification [Dkt. 133] is SUSTAINED, and the Motion to Certify Class (Dkt. 5) is DENIED. The Court grants the Plaintiffs leave to re-file their motion to certify class. Signed by Judge Tanya Walton Pratt on 3/31/2014.(CKM)
September 3, 2014
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ORDER - The Court hereby GRANTS IN PART and DENIES IN PART Plaintiffs' Motion for Leave to Amend the Complaint. [Dkt. 272]. The Court grants Plaintiffs fourteen (14) days from the date of this order to file an amended complaint that is consistent with this decision. Signed by Magistrate Judge Mark J. Dinsmore on 9/3/2014. (MGG)
September 5, 2014
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ORDER denying as moot 216 Motion to compel; granting in part and denying in part 218 Motion for Reconsideration and denying as moot 225 Motion to Stay. Signed by Magistrate Judge Mark J. Dinsmore on 9/5/2014 (See Order regarding dates and deadlines) (CBU)
October 10, 2014
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ORDER denying defendants' 279 Motion to Seal Documents. The Court DENIES Defendants' Motion to Seal Portions of Exhibit A to Plaintiffs' Motion for Leave to File Amended Complaint [Dkt. 272] and [Dkt. 274]. The Clerk is directed to unseal Plaintiffs' 274 Proposed Amended Class Action Complaint. **SEE ORDER** Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (AH)
October 10, 2014
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ORDER - granting 282 Motion for Leave to File under Seal ; The Court ORDERS Defendants to file, within seven days of the date of this order, a motion pursuant to Fed. R. Civ. P. 26(c) to seal any specific portions of Plaintiffs' submissions that Defendants believe should be maintained by the Court under seal. Defendants' motion to seal, from which only the information Defendants seek to maintain under seal should be redacted, which redacted copies shall not be filed under seal. Failure by Defendants to timely file the motions to seal required by this order shall result in the unsealing of the related documents. Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (CKM)
October 10, 2014
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ORDER - denying 286 Motion for Leave to File; The Court DENIES Defendants' Motion for Leave to File Under Seal Exhibits A and B to Defendants' Opposition to Plaintiff's Motion for Leave to File Amended Complaint. Dkt. [286.] The Clerk is directed to unseal Exhibits A and B to Defendants' Opposition to Plaintiffs' Motion for Leave to File Amended Complaint. Dkts. 287 & 288 *** SEE ORDER ***. Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (CKM)
October 10, 2014
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ORDER - denying 311 Motion to Unseal Document portions of Amended Complaint; The Clerk is directed to unseal the entirety of Plaintiffs' Amended Complaint. Dkt. 303 *** SEE ORDER ***. Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (CKM)
November 4, 2014
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ORDER granting 329 Motion to Seal Document 328 SEALED Response to Motion for leave to File Material under Seal. The Court ORDERS Defendants to file, within 7 days of the date of this order, a motion to seal any specific portions of plaintiffs' submission that defendants believe should be maintained by the Court under seal. The Court directs the clerk to UNSEAL Plaintiffs' "Response to Defendants' Supplemental Brief" [dkt 283] Finally, the Court notes that docket no. 315 remains under seal. Pursuant to the Court's order on Defendant's motion to seal 325, the Court directs the Clerk to UNSEAL docket no. 315. Signed by Magistrate Judge Mark J. Dinsmore on 11/4/2014. (CBU)
December 31, 2014
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ENTRY on Objection to Magistrate Judge's Order 300. The objection to the Magistrate Judge's Order on the Motion to Reconsider is OVERRULED. The STAY imposed on 9/25/2014 313 is lifted effective the date of this Order (See Entry). Signed by Judge Tanya Walton Pratt on 12/31/2014.(CBU)
June 3, 2015
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ORDER granting in part and denying in part 338 Motion to Dismiss for Failure to State a Claim. The Court finds that Plaintiffs' Amended Complaint satisfies the heightened pleadings requirements under Rule 9(b) for the claims brought under RICO and for actual fraud, but that Plaintiffs have failed to state a claim for constructive fraud. Defendants' Partial Motion to Dismiss is DENIED in part with respect to Plaintiffs' RICO and actual fraud claims, and GRANTED in part with respect to the constructive fraud claim, which is therefore DISMISSED with prejudice. Signed by Judge Tanya Walton Pratt on 6/3/2015. (CBU)
November 18, 2015
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ORDER granting Shareholder Defendants' 426 Motion to Dismiss for Lack of Jurisdiction. Accordingly, the Court DISMISSES the "Shareholder Defendants", which include Huger Street LLC, Moultrie Street LLC, Woolfe Street LLC, Fulton Street LLC, Jasper Street LLC, Concord Street LLC, Hagood Street LLC, Charlotte Street LLC, Archdale Street LLC, Jacobs Alley LLC, Peachtree Street LLC, Greenhill Street LLC, Chalmers Street LLC, and Princess Street LLC. Signed by Judge Tanya Walton Pratt on 11/18/2015. (JLS)
January 22, 2016
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ENTRY on Plaintiffs' Motion for Class Certification - The Court DENIES the Plaintiffs' Motion for Class Certification (Filing No. 395). Signed by Judge Tanya Walton Pratt on 1/22/2016. (TRG)
February 2, 2016
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ORDER granting in part and denying in part Plaintiffs' 501 Fourth Motion to Compel; denying Plaintiffs' 513 Motion for Oral Argument on Fourth Motion to Compel (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 2/2/2016. (SWM)