Tatta v. Universal Credit Services, Inc. et al
| New York Eastern District Court | |
| Judge: | Anne Y Shields |
| Referred: | Anne Y Shields |
| Case #: | 2:22-cv-05907 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Oct 03, 2022 |
| Terminated: | Mar 17, 2025 |
| Last checked: Saturday Apr 01, 2023 6:11 AM EDT |
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Counter Claimant
Xactus, LLC
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Represented By
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Counter Claimant
Universal Credit Services, Inc.
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Represented By
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Counter Claimant
Perry Steiner
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Represented By
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Counter Claimant
Gerald Haftmann
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Represented By
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Counter Defendant
Melissa Tatta
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Represented By
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Defendant
Perry Steiner
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Represented By
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Defendant
John Doe Entity #5
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Defendant
John Doe Entity #4
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Defendant
John Doe Entity #3
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Defendant
John Doe Entity #2
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Defendant
John Doe Entity #1
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Defendant
Xactus, LLC
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Represented By
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Defendant
Universal Credit Services, Inc.
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Represented By
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Defendant
Gerald Haftmann
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Represented By
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Plaintiff
Melissa Tatta
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Represented By
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| Docket last updated: 7 hours ago |
| Wednesday, March 26, 2025 | ||
| 36 | 36
misc
Stipulation of Dismissal
Wed 03/26 9:23 AM
STIPULATION of Dismissal by Gerald Haftmann, Perry Steiner, Universal Credit Services, Inc., Xactus, LLC (Rothenberg, Jessica) |
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| Monday, March 17, 2025 | ||
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order
Order on Motion for Settlement
Mon 03/17 12:51 PM
ORDER granting32 Motion for Settlement. Upon review of the Settlement Agreement found at docket entry No.32 , the Court finds the terms of the settlement are fair and reasonable consistent with the factors in Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015). Therefore, the proposed Settlement Agreement is hereby SO ORDERED. The Clerk of the Court is directed to close the case. So Ordered by Magistrate Judge Anne Y. Shields on 3/17/2025. (DM) |
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| Thursday, March 13, 2025 | ||
| 35 | 35
misc
Consent to Jurisdiction by US Magistrate Judge
Thu 03/13 1:00 PM
CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Anne Y. Shields for all further proceedings. Judge Gary R. Brown no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. So Ordered by Judge Gary R. Brown on 3/13/2025. (JC) |
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utility
Case No Longer Referred
Thu 03/13 12:59 PM
Case no longer referred to Magistrate Judge Anne Y. Shields. (JC) |
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| Wednesday, March 12, 2025 | ||
| 34 | 34
misc
Consent to Jurisdiction by US Magistrate Judge
Wed 03/12 7:45 PM
CONSENT to Jurisdiction by US Magistrate Judge by Melissa Tatta. (Williams, Keith) |
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| 33 | 33
respm
Response to Motion
Wed 03/12 7:41 PM
RESPONSE to Motion re32 Letter MOTION for Settlement Approval and Dismissal Supporting the Allocation of Attorneys' Fees and Costs filed by Melissa Tatta. (Williams, Keith) |
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| 32 | 32
motion
Settlement
Wed 03/12 7:24 PM
Letter MOTION for Settlement Approval and Dismissal by Gerald Haftmann, Perry Steiner, Universal Credit Services, Inc., Xactus, LLC. (Rothenberg, Jessica) |
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| Thursday, March 06, 2025 | ||
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order
Order on Motion for Extension of Time to File
Thu 03/06 1:14 PM
ORDER granting31 Motion for Extension of Time to File. Upon counsel's request, the deadline by which to file the motion for Cheeks approval is EXTENDED to March 12, 2025. So Ordered by Magistrate Judge Anne Y. Shields on 3/6/2025. (DM) |
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| Wednesday, March 05, 2025 | ||
| 31 | 31
motion
Extension of Time to File Document
Wed 03/05 1:03 PM
Letter MOTION for Extension of Time to File Motion for Settlement Approval by Melissa Tatta. (Williams, Keith) |
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| Wednesday, February 05, 2025 | ||
| 30 | 30
motion
Adjourn Conference
Wed 02/05 11:25 AM
Letter MOTION to Adjourn Conference and Deadlines, sine die, by Melissa Tatta. (Williams, Keith) |
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order
Order on Motion to Adjourn Conference
Wed 02/05 2:33 PM
ORDER granting30 Motion to Adjourn Conference. In light of counsel's representation that the parties have reached a settlement in principle, all dates and deadlines are hereby STAYED. By March 5, 2025, counsel are directed to file the motion for Cheeks approval. So Ordered by Magistrate Judge Anne Y. Shields on 2/5/2025. (DM) |
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| Tuesday, October 22, 2024 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Tue 10/22 12:00 PM
ORDER granting29 Motion for Extension of Time to Complete Discovery. Upon counsels' joint request the discovery deadlines are EXTENDED as follows: All fact discovery shall be completed by March 28, 2025. Expert discovery shall be completed by May 30, 2025. Any party seeking to make a dispositive motion shall initiate that process, consistent with the Individual Rules of the assigned District Judge, on or before July 31, 2025. So Ordered by Magistrate Judge Anne Y. Shields on 10/22/2024. (DM) |
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| Monday, October 21, 2024 | ||
| 29 | 29
motion
Extension of Time to Complete Discovery
Mon 10/21 4:33 PM
Joint MOTION for Extension of Time to Complete Discovery - Joint Request for Extension of Discovery Schedule by Universal Credit Services, Inc., Xactus, LLC, Perry Steiner, Gerald Haftmann. (Gorman, Daniel) |
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| Thursday, September 12, 2024 | ||
| 28 | 28
notice
Notice of Appearance
Thu 09/12 12:01 PM
NOTICE of Appearance by Daniel E. Gorman on behalf of Gerald Haftmann, Perry Steiner, Universal Credit Services, Inc., Xactus, LLC (aty to be noticed) (Gorman, Daniel) |
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| Wednesday, April 24, 2024 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Wed 04/24 9:18 AM
ORDER granting27 Motion for Extension of Time to Complete Discovery. Upon counsels' joint request the discovery deadlines are EXTENDED as follow: All discovery, including any expert discovery, shall be completed by October 25, 2024. Any party seeking to make a dispositive motion shall initiate that process, consistent with the Individual Rules of the assigned District Judge, on or before November 22, 2024. So Ordered by Magistrate Judge Anne Y. Shields on 4/24/2024. (DM) |
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| Tuesday, April 23, 2024 | ||
| 27 | 27
motion
Extension of Time to Complete Discovery
Tue 04/23 7:43 PM
Letter MOTION for Extension of Time to Complete Discovery by Melissa Tatta. (Williams, Keith) |
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| Tuesday, March 05, 2024 | ||
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order
Order on Motion for Discovery
Tue 03/05 12:33 PM
ORDER granting26 Motion for Discovery. The proposed Stipulation and Order Regarding Confidential Information is hereby SO ORDERED. So Ordered by Magistrate Judge Anne Y. Shields on 3/5/2024. (DM) |
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| Monday, March 04, 2024 | ||
| 26 | 26
motion
Discovery
Mon 03/04 9:44 AM
Joint MOTION for Discovery (Stipulation and Order Regarding Confidential Information) by Xactus, LLC. (Rothenberg, Jessica) |
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| Tuesday, September 26, 2023 | ||
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order
Scheduling Order
Tue 09/26 10:59 AM
SCHEDULING ORDER re25 Status Report filed by Melissa Tatta: As the parties' report that this case did not settle through mediation, their proposed discovery plan is hereby So Ordered. All discovery, including any expert discovery, shall be completed by June 28, 2024. Any party seeking to make a dispositive motion shall initiate that process, consistent with the Individual Rules of the assigned District Judge, on or before July 12, 2024. A joint pretrial order shall be filed on or before August 12, 2024, or within two (2) weeks of a decision on any dispositive motion(s). So Ordered by Magistrate Judge Anne Y. Shields on 9/26/2023. (DM) |
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| Thursday, September 21, 2023 | ||
| 25 | 25
misc
Status Report
Thu 09/21 5:23 PM
STATUS REPORT and Proposed Discovery Plan by Melissa Tatta (Williams, Keith) |
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Att: 1
Proposed Order
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| Sunday, July 09, 2023 | ||
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order
Order on Motion to Withdraw as Attorney
Sun 07/09 11:16 AM
ORDER granting24 Motion to Withdraw as Attorney. Attorney Victoria Spagnolo terminated. So Ordered by Magistrate Judge Anne Y. Shields on 7/9/2023. (DM) |
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| Wednesday, July 05, 2023 | ||
| 24 | 24
motion
Withdraw as Attorney
Wed 07/05 5:47 PM
MOTION to Withdraw as Attorney by Melissa Tatta. (Spagnolo, Victoria) |
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| Monday, June 26, 2023 | ||
| 23 | 23
adr
Selection of Mediator
Mon 06/26 5:22 PM
SELECTION OF MEDIATOR Joseph DiBenedetto selected as Mediator. Date Time and Location in-person/remote:September 18, 2023 at 10:00 a.m. via remote video conference Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (Williams, Keith) |
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| Thursday, June 01, 2023 | ||
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order
Order Referring Case to Mediation
Thu 06/01 9:25 AM
ORDER REFERRING CASE to Mediation. Upon counsels' joint request this case is respectfully referred to the EDNY mediation program. Mediation shall be completed by 8/25/2023. So Ordered by Magistrate Judge Anne Y. Shields on 6/1/2023. (DM) |
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adr
Mediation Instructions
Thu 06/01 9:47 AM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (DS) |
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| Wednesday, May 31, 2023 | ||
| 22 | 22
misc
Status Report
Wed 05/31 4:44 PM
STATUS REPORT by Melissa Tatta (Spagnolo, Victoria) |
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| Wednesday, May 17, 2023 | ||
| 21 | 21
misc
Status Report
Wed 05/17 12:54 PM
STATUS REPORT by Melissa Tatta (Spagnolo, Victoria) |
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order
Scheduling Order
Wed 05/17 1:24 PM
SCHEDULING ORDER: Upon counsels' joint request, the date to submit the joint status letter is EXTENDED to May 31, 2023. So Ordered by Magistrate Judge Anne Y. Shields on 5/17/2023. (DM) |
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| Wednesday, February 08, 2023 | ||
| 20 | 20
minutes
Initial Conference Hearing
Fri 02/10 10:40 AM
Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields:Initial Conference Hearing held on 2/8/2023 (FTR Log #11:04-11:05.) (JT) |
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order
Scheduling Order
Wed 02/08 11:20 AM
SCHEDULING ORDER: As set forth on the record during the conference held on February 8, 2023, the proposed Phase I FLSA discovery plan found at docket entry No. [19-1] is hereby ADOPTED and SO ORDERED. Counsel are reminded that a joint status letter is due on May 17, 2023. So Ordered by Magistrate Judge Anne Y. Shields on 2/8/2023. (DM) |
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| Monday, February 06, 2023 | ||
| 19 | 19
misc
Letter
Mon 02/06 5:53 PM
Letter in advance of the Parties' Initial Conference by Melissa Tatta (Spagnolo, Victoria) |
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Att: 1
Proposed Order
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| Monday, January 02, 2023 | ||
| 18 | 18
answer
Answer to Counterclaim
Mon 01/02 5:35 PM
ANSWER to13 Answer to Complaint, Counterclaim by Melissa Tatta. (Spagnolo, Victoria) |
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| 17 | 17
notice
Notice of Appearance
Mon 01/02 5:34 PM
NOTICE of Appearance by Victoria Spagnolo on behalf of Melissa Tatta (aty to be noticed) (Spagnolo, Victoria) |
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| 16 | 16
notice
Notice of Appearance
Mon 01/02 12:35 PM
NOTICE of Appearance by Victoria Spagnolo on behalf of Melissa Tatta (aty to be noticed) (Spagnolo, Victoria) |
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| Tuesday, December 13, 2022 | ||
| 15 | 15
notice
Notice of Appearance
Tue 12/13 5:03 PM
NOTICE of Appearance by Jessica Xingyun Rothenberg on behalf of Gerald Haftmann, Perry Steiner, Universal Credit Services, Inc., Xactus, LLC (aty to be noticed) (Rothenberg, Jessica) |
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| Monday, December 12, 2022 | ||
| 14 | 14
misc
Corporate Disclosure Statement
Mon 12/12 7:35 PM
Corporate Disclosure Statement by Gerald Haftmann, Perry Steiner, Universal Credit Services, Inc., Xactus, LLC identifying Corporate Parent Cascade CISS Holdings, LLC for Xactus, LLC, Xactus, LLC. (Diamond, Tracey) |
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| 13 | 13
answer
Answer to Complaint Counterclaim
Mon 12/12 6:46 PM
ANSWER to1 Complaint, , COUNTERCLAIM against Melissa Tatta by Gerald Haftmann, Xactus, LLC, Universal Credit Services, Inc., Perry Steiner. (Diamond, Tracey) |
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| Tuesday, November 15, 2022 | ||
| 12 | 12
service
Summons Returned Executed
Tue 11/15 9:37 AM
SUMMONS Returned Executed by Melissa Tatta. Xactus, LLC served on 11/3/2022, answer due 12/12/2022. (Williams, Keith) |
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| 11 | 11
service
Summons Returned Executed
Tue 11/15 9:36 AM
SUMMONS Returned Executed by Melissa Tatta. Universal Credit Services, Inc. served on 11/3/2022, answer due 12/12/2022. (Williams, Keith) |
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| 10 | 10
service
Summons Returned Executed
Tue 11/15 9:35 AM
SUMMONS Returned Executed by Melissa Tatta. Perry Steiner served on 10/11/2022, answer due 12/12/2022. (Williams, Keith) |
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| 9 | 9
service
Summons Returned Executed
Tue 11/15 9:34 AM
SUMMONS Returned Executed by Melissa Tatta. Gerald Haftmann served on 10/11/2022, answer due 12/12/2022. (Williams, Keith) |
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| Monday, November 14, 2022 | ||
| 8 | 8
motion
Extension of Time to File Answer
Mon 11/14 2:02 PM
MOTION for Extension of Time to File Answer re1 Complaint, (Stipulation) by Gerald Haftmann, Perry Steiner, Universal Credit Services, Inc., Xactus, LLC. (Diamond, Tracey) |
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| 7 | 7
notice
Notice of Appearance
Mon 11/14 1:58 PM
NOTICE of Appearance by Tracey Elizabeth Diamond on behalf of Gerald Haftmann, Perry Steiner, Universal Credit Services, Inc., Xactus, LLC (aty to be noticed) (Diamond, Tracey) |
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order
Order on Motion for Extension of Time to Answer
Mon 11/14 2:16 PM
ORDER granting8 Motion for Extension of Time to Answer. The Defendants' time to answer or otherwise respond to the Complaint is EXTENDED to December 12, 2022. So Ordered by Magistrate Judge Anne Y. Shields on 11/14/2022. (DM) |
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| Thursday, October 06, 2022 | ||
| 6 | 6
order
Scheduling Order
Thu 10/06 1:33 PM
ORDER: Initial Conference set for 2/8/2023 at 11:00 AM before Magistrate Judge Anne Y. Shields.The parties are directed to call the AT&TTeleconferencing Center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 10/6/2022. (JT) |
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Att: 1
AYS Rules
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| Wednesday, October 05, 2022 | ||
| 5 | 5
service
Summons Issued
Wed 10/05 10:00 AM
Summons Issued as to Gerald Haftmann, Perry Steiner, Universal Credit Services, Inc., Xactus, LLC. (JC) |
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| Tuesday, October 04, 2022 | ||
| 4 | 4
misc
Proposed Summons/Civil Cover Sheet
Tue 10/04 9:36 AM
Proposed Summons. by Melissa Tatta (Williams, Keith) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Tue 10/04 9:26 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (CL) |
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| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Tue 10/04 9:24 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
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utility
Case Assigned/Reassigned
Tue 10/04 9:26 AM
Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL) |
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misc
Quality Control Check - Summons
Tue 10/04 9:27 AM
Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the names of each defendant in the caption. It should not read "ET AL". Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CL) |
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| Monday, October 03, 2022 | ||
| 1 | 1
cmp
Complaint
Mon 10/03 6:48 PM
COMPLAINT against Gerald Haftmann, JOHN DOE ENTITY # 1, JOHN DOE ENTITY # 2, JOHN DOE ENTITY # 3, JOHN DOE ENTITY # 4, JOHN DOE ENTITY # 5, Perry Steiner, Universal Credit Services, Inc., Xactus, LLC filing fee $ 402, receipt number ANYEDC-16000849 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Melissa Tatta. (Williams, Keith) |
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Att: 1
Proposed Summons,
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Att: 2
Civil Cover Sheet
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