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11-101 - BYRD et al v. AARON'S, INC. et al


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11-101 - BYRD et al v. AARON'S, INC. et al
June 16, 2011
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REPORT AND RECOMMENDATION that 9 MOTION for Temporary Restraining Order, Motion for Issuance of an Emergency Temporary Restraining Order and Imposition of Permanent Injunction Pursuant to Federal Rule of Civil Procedure 65, MOTION for Permanent Injunction filed by BRIAN BYRD, CRYSTAL BYRD, be denied. Objections to R&R due by 7/5/2011. Signed by Judge Susan Paradise Baxter on 6/16/11. (lrw)
July 8, 2011
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MEMORANDUM ORDER: IT IS HEREBY ORDERED that the 9 Plaintiff's motion for preliminary injunction is DENIED; adopting 54 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 7/8/2011. (rlh)
January 27, 2014
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REPORT AND RECOMMENDATION that: The motion to dismiss filed by Defendant Aspen Way Enterprises 161 should be DENIED; The motion to dismiss filed by Defendant Aarons, Inc. 163 should be GRANTED IN PART AND DENIED IN PART.It is further recommended that the following motions be granted due to lack of subject matter jurisdiction based on Plaintiffs lack of standing: The motion to dismiss filed by Defendant Arona Corporation 192 be GRANTED ; The motion to dismiss filed by Defendants AH&H Leasing, LLC, Bear Rental Purchase, Ltd., Boxer Enterprise, Inc., Circle City Rentals, CMH Leasing Partners, LLC, CRAM Leasing, Inc., DC Sales & Lease, Inc., Dirigo Leasing, Inc., DPR Alaska, LLC, DPR Colorado, LLC, DW3, LLC, DWC Ventures, LLC, Fairway Leasing, LLC, Five Star Financials, LLC, FT Got Three, LLC, GNS & Associates, Inc., Green Fiver Corporation, Hanson Holding Company, Honey Harbor Investments, LLC, Howard Rents, LLC, HPH Investments, LLC, J&L Beach Enterprises, Inc., J.R. Rents, Inc., Jenfour, LLC, Jenkins Rental, LLC, KFJ Enterprises, LLC, Lifestyle Furniture Leasing, Madison Capital Investments, Inc., MKW Investments, Inc., No Three Putts Enterprises, LLC, NW Freedom Corporation, Pomona Lane Partners, LLC, R & Double K, LLC, Rebco Investments, LLC, Rex Neal, Inc., Royal Rents, Inc., Royal Rocket Retail, LLC, SEI/Aarons, Inc., Shining Star, ShowcaseHome Furnishings, Inc., Sultan Financial Corporation, Tanglewood Management, LLC, TDS Foods, Inc., Tur, Inc., Watershed Development Corporation, and WGC, LLC 194 be GRANTED. The motions for joinder filed by Defendants Great American Rent-to-Own, AMG Enterprises Group, and J.M. Darden and Company (ECF Nos. 298, 299, and 300) be GRANTED. The Clerk of Courts should be directed to terminate the following as parties to this action:AH&H Leasing, LLC, AMG Enterprises Group, LLC, Arona Corporation, Bear Rental Purchase, Ltd., Boxer Enterprise, Inc., Circle City Rentals, CMH Leasing Partners, LLC, CRAM Leasing, Inc., DC Sales & Lease, Inc., Dirigo Leasing, Inc., DPR Alaska, LLC, DPR Colorado, LLC, DW3, LLC, DWC Ventures, LLC, Fairway Leasing, LLC, Five Star Financials, LLC, FT Got Three, LLC, GNS & Associates, Inc., Great American Rent-to-Own, Inc., Green Fiver Corporation, Hanson Holding Company, Honey Harbor Investments, LLC, Howard Rents, LLC, HPH Investments, LLC, J&L Beach Enterprises, Inc., J.R. Rents, Inc., J.M. Darden & Company, Jenfour, LLC, Jenkins Rental, LLC, KFJ Enterprises, LLC, Lifestyle Furniture Leasing, Madison Capital Investments, Inc., MKW Investments, Inc., No Three Putts Enterprises, LLC, NW Freedom Corporation, Pomona Lane Partners, LLC, R & Double K, LLC, Rebco Investments, LLC, Rex Neal, Inc., Royal Rents, Inc., Royal Rocket Retail, LLC, SEI/Aarons, Inc., Shining Star, Showcase Home Furnishings, Inc., Sultan Financial Corporation, Tanglewood Management, LLC, TDS Foods, Inc., Tur, Inc., Watershed Development Corporation, and WGC, LLC. In accordance with 28 U.S.C. ยง 636(b)(1) and Fed.R.Civ.P. 72, the parties must seek review by the district court by filing Objections to the Report and Recommendation within fourteen (14) days of the filing of this Report and Recommendation, or by February 10, 2014. Any party opposing the Objections shall have fourteen (14) days from the date of service of the Objections to respond thereto, or by February 24, 2014. See Fed.R.Civ.P. 72(b)(2). Extensions of time will not be granted in either regard. Failure to file timely objections may constitute a waiver of appellate rights. Signed by Magistrate Judge Susan Paradise Baxter on 1/27/14. (lrw)
January 31, 2014
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REPORT AND RECOMMENDATION that 174 MOTION to Certify Class filed by BRIAN BYRD, CRYSTAL BYRD be denied. Objections to R&R due by 2/14/2014. Signed by Magistrate Judge Susan Paradise Baxter on 1/31/14. (lrw)
March 31, 2014
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ORDER adopting in part Report and Recommendations re 318 Report and Recommendations; granting 192 Motion to Dismiss; granting 194 Motion to Dismiss; granting 298 Motion for Joinder; granting 299 Motion for Joinder; granting 300 Motion for Joinder; denying 161 Motion to Dismiss; granting in part and denying in part 163 Motion to Dismiss for Failure to State a Claim. As more fully stated in the Order. Signed by Judge Cathy Bissoon on 3/31/2014. (sje)
March 31, 2014
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ORDER adopting 319 Report and Recommendation; denying 174 Motion to Certify Class. Signed by Judge Cathy Bissoon on 3/31/2014. (sje)
March 22, 2017
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MEMORANDUM OPINION that 469 MOTION to Strike Plaintiffs' New Expert Report filed by AARON'S, INC., will be granted. An appropriate Order to follow. Signed by Magistrate Judge Susan Paradise Baxter on 3/22/17. (lrw)
August 4, 2017
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REPORT AND RECOMMENDATION that 439 Renewed MOTION to Certify Class filed by BRIAN BYRD, CRYSTAL BYRD be denied. Objections to R&R due by 8/18/2017. Signed by Magistrate Judge Susan Paradise Baxter on 08/04/2017. (kas)
September 26, 2017
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MEMORANDUM ORDER. The Renewed Motion to Certify Class 439 is DENIED, and the Report and Recommendation of Magistrate Judge Baxter dated August 4, 2017 507, as augmented herein, is hereby ADOPTED as the opinion of the District Court. Signed by Judge Cathy Bissoon on 9/26/17. (rdl)
March 7, 2018
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pril 6, 2018. During this period, the parties and their counsel shall personally meet and confer about the following: (1) what the next steps should be in this already seven-year-old case; (2) the ramifications of todays decision on the issue of clasORDER granting 523 Motion for Reconsideration. As Wyoming now recognizes the tort of invasion of privacy, Plaintiff's Motion for Reconsideration 523 is GRANTED. Accordingly, the Court's March 31, 2014 Memorandum Order 339 is VACATED to the extent that it dismissed Plaintiffs' invasion of privacy claim under Wyoming law. Plaintiff's invasion of privacy claim is REINSTATED. This matter hereby is STAYED and ADMINISTRATIVELY CLOSED for a period of thirty (30) days, until As certification; and (3) whether additional mediation efforts would be beneficial in this case. On or before April 6, 2018, the parties shall file a joint status report indicating their respective positions on these issues and a proposed schedule for any proposed next steps. It is expected that the parties and their counsel will make every effort to reach consensus on these issues. See contents of this filing. Signed by Judge Cathy Bissoon on 3/7/18. (rdl) Modified on 3/16/2018. (jd)