Feehan v. Grand Canyon University, RMS, Inc.
| North Carolina Eastern District Court | |
| Judge: | Louise Wood Flanagan |
| Case #: | 7:23-cv-00287 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1692 Fair Debt Collection Act |
| Case Filed: | Mar 21, 2023 |
| Terminated: | Feb 13, 2024 |
| Last checked: Sunday Sep 17, 2023 8:09 AM EDT |
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Defendant
Grand Canyon University, RMS, Inc.
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Plaintiff
Matthew Feehan
Matthew Feehan Pro SE 400 Windsor Pl. Apt. 203
Jacksonville, NC 28546 |
| Docket last updated: 6 hours ago |
| Monday, February 26, 2024 | ||
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appeal
Assembled Electronic Record on Appeal transmitted to 4CCA
Mon 02/26 12:45 PM
Assembled Electronic Record on Appeal transmitted to 4th Circuit Court of Appeals regarding32 Notice of Appeal (Foell, S.) |
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appeal
USCA Case Number
Mon 02/26 12:31 PM
US Court of Appeals Case Number 24-1172 (Paige Ballard, Case Manager) as to32 Notice of Appeal filed by Matthew Feehan. (Foell, S.) |
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| Friday, February 23, 2024 | ||
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Fri 02/23 4:56 PM
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding32 Notice of Appeal. (Foell, S.) |
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appeal
Notice of Appeal -Final Judgment
Fri 02/23 4:48 PM
Notice of Appeal filed by Matthew Feehan as to31 Judgment. (Collins, S) |
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Att: 1
Postage receipt,
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Att: 2
Envelope
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| Thursday, February 22, 2024 | ||
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misc
Filing Fee Received
Fri 02/23 8:46 AM
Appeal Filing fee received: $ 605.00, receipt number 700000174 (Collins, S) |
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| Tuesday, February 13, 2024 | ||
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order
Judgment
Tue 02/13 12:02 PM
JUDGMENT - In accordance with the court's order entered February 13, 2024, and for the reasons set forth more specifically therein, defendant's motion to dismiss is GRANTED and this action is DISMISSED for failure to state a claim upon which relief can be granted. Signed by Peter A. Moore, Jr., Clerk of Court on 2/13/2024. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Carter, Alexus) |
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7
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Preliminary Injunction
Tue 02/13 11:41 AM
ORDER - For the forgoing reasons, plaintiff's motion for a preliminary injunction (DE 24 ) is DENIED, and defendant's motion to dismiss (DE 19 ) is GRANTED. Plaintiff's claims are DISMISSED for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6). The clerk is DIRECTED to close this case. Signed by District Judge Louise Wood Flanagan on 2/13/2024. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Carter, Alexus) |
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| Wednesday, December 13, 2023 | ||
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utility
Motion Submitted
Wed 12/13 3:02 PM
Motion Submitted to District Judge Louise Wood Flanagan regarding24 MOTION for Preliminary Injunction. (Collins, S) |
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| Monday, December 11, 2023 | ||
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respm
Reply to Response to Motion
Mon 12/11 4:18 PM
REPLY to Response to Motion regarding24 MOTION for Preliminary Injunction filed by Matthew Feehan. (Collins, S) |
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Att: 1
Envelope
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| Wednesday, December 06, 2023 | ||
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misc
Affidavit
Wed 12/06 5:16 PM
AFFIDAVIT regarding27 Response in Opposition to Motion by Grand Canyon University (Anderson, Matthew) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit A - Feehan App & Enrollment Agmt,
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Att: 3
Exhibit B - Feehan Cert of Eligibility LT,
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Att: 4
Exhibit C - Feehan Doctoral Memo of Understanding,
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Att: 5
Exhibit D - Feehan VIRS,
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Att: 6
Exhibit E - Feehan Program Start Date,
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Att: 7
Exhibit F - Feehan Reg, Ack, & Approval of Benefits,
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Att: 8
Exhibit G - Feehan Attendance Recs,
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Att: 9
Exhibit H - Feehan VA Enrollment Cert,
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Att: 10
Exhibit I - Feehan Completed Withdrawal Req,
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Att: 11
Exhibit J - Feehan VA Amdmt,
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Att: 12
Exhibit K - Feehan VA Term,
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Att: 13
Exhibit L - VA OP LT,
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Att: 14
Exhibit M - Feehan 1st DMC LT,
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Att: 15
Exhibit N - Feehan 2d DMC LT,
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Att: 16
Exhibit O - Feehan 3d DMC LT,
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Att: 17
Exhibit P - Feehan Paid in Full LT
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respm
Response in Opposition to Motion
Wed 12/06 5:08 PM
RESPONSE in Opposition regarding24 MOTION for Preliminary Injunction filed by Grand Canyon University. (Anderson, Matthew) |
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| Friday, November 17, 2023 | ||
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utility
Motion Submitted
Fri 11/17 4:43 PM
Motion Submitted to District Judge Louise Wood Flanagan regarding19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Collins, S) |
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| Wednesday, November 15, 2023 | ||
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respm
Reply to Response to Motion
Wed 11/15 3:51 PM
REPLY to Response to Motion regarding19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Grand Canyon University. (Hagan, Alex) |
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| Tuesday, November 14, 2023 | ||
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6
pgs
respoth
Memorandum in Support
Wed 11/15 2:05 PM
Memorandum in Support regarding24 MOTION for Preliminary Injunction filed by Matthew Feehan. (Collins, S) |
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Att: 1
Exhibit Letter from Grand Canyon University dated 11/1/23 demanding payment,
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Att: 2
Exhibit Article regarding fine against Grand Canyon University from US Department of Education
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| 24 | 24
motion
Preliminary Injunction
Wed 11/15 2:03 PM
MOTION for Preliminary Injunction to Stay Unlawful Debt Collection and Restrain Defendant from Further Harmful Threats filed by Matthew Feehan. (Collins, S) (Collins, S) |
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Att: 1
(11/15/2023) Envelope
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| Tuesday, October 31, 2023 | ||
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14
pgs
respoth
Memorandum in Opposition
Wed 11/01 9:44 AM
Memorandum in Opposition regarding22 Response in Opposition to Motion,19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew Feehan. (Collins, S) |
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Att: 1
Exhibit Email dated 7/6/22,
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Att: 2
Exhibit Grand Canyon University Brochure,
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Att: 3
Exhibit Article,
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Att: 4
Exhibit Notice of Lawsuit dated 1/7/23,
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Att: 5
Exhibit Unlawful Debt Collection notice dated 3/17/23,
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Att: 6
Exhibit Oppong v. First Union Mortgage Order,
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Att: 7
Exhibit Grand Canyon University information,
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Att: 8
Exhibit Letter regarding change of ownership and conversion for Grand Canyon University,
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Att: 9
Envelope
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| 22 | 22
respm
Response in Opposition to Motion
Wed 11/01 9:38 AM
RESPONSE in Opposition regarding19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew Feehan. (Collins, S) |
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misc
Rule 12 Letter
Wed 11/01 9:36 AM
Rule 12 Letter Issued to Matthew Fehan as to19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response due by 11/17/2023. (Collins, S) |
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| Friday, October 27, 2023 | ||
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13
pgs
respoth
Memorandum in Support
Fri 10/27 10:56 AM
Memorandum in Support regarding19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Grand Canyon University. (Hagan, Alex) |
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| 19 | 19
motion
Dismiss for Failure to State a Claim
Fri 10/27 10:55 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Grand Canyon University. (Hagan, Alex) |
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| Wednesday, September 20, 2023 | ||
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notice
Notice of Voluntary Dismissal
Wed 09/20 3:52 PM
Notice of Voluntary Dismissal RMS, Inc. filed by Matthew Feehan. (Collins, S) |
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Att: 1
Envelope
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notice
Notice of Appearance
Wed 09/20 3:27 PM
Notice of Appearance filed by Matthew Allen Lawson Anderson on behalf of Grand Canyon University. (Anderson, Matthew) Modified on 9/20/2023 to revise docket text. (Collins, S) |
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| 16 | 16
motion
Extension of Time to File Answer
Wed 09/20 3:01 PM
Consent MOTION for Extension of Time to File Answer regarding1 Complaint, filed by Grand Canyon University. (Hagan, Alex) Modified on 9/20/2023 to revise docket text. (Collins, S) |
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Att: 1
Text of Proposed Order
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| 15 | 15
notice
Notice of Appearance
Wed 09/20 2:58 PM
Notice of Appearance filed by Alex J. Hagan on behalf of Grand Canyon University, RMS, Inc.. (Hagan, Alex) |
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utility
Motion Referred to Clerk
Wed 09/20 3:55 PM
Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding16 Consent MOTION for Extension of Time to File Answer regarding1 Complaint. (Collins, S) |
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order
Order on Motion for Extension of Time to Answer
Wed 09/20 5:18 PM
TEXT ORDER granting Defendant's Consent Motion for Extension of Time 16 . For good cause shown, it is ordered that Defendant has up to and including October 27, 2023, within which to answer or otherwise respond to the Complaint 1 . Signed by Peter A. Moore, Jr., Clerk of Court on 9/20/2023. ( Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. ) (Hockaday, A.) |
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| Monday, September 11, 2023 | ||
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service
Summons Returned Executed
Tue 09/12 9:11 AM
SUMMONS Returned Executed by Matthew Feehan. Grand Canyon University, RMS, Inc. served on 9/6/2023, answer due 9/27/2023. (Collins, S) |
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service
Summons Returned Executed
Tue 09/12 9:06 AM
SUMMONS Returned Executed by Matthew Feehan. Grand Canyon University, RMS, Inc. Recovery Management Services served on 8/21/2023, answer due 9/11/2023. (Collins, S) |
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Att: 1
Supporting documents including photographs,
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Att: 2
Envelope
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| Tuesday, August 29, 2023 | ||
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misc
Letter
Tue 08/29 2:10 PM
Letter from S. Collins, Deputy Clerk, to Matthew Feehan regarding issuance of summons and duty to serve. ( Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. ) (Collins, S) |
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service
Summons Issued
Tue 08/29 2:06 PM
Summons Issued as to Grand Canyon University, RMS, Inc. *NOTICE: Plaintiff shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* ( Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. )(Collins, S) |
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| Friday, August 25, 2023 | ||
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misc
Filing Fee Received
Mon 08/28 9:11 AM
Filing fee: $ 402.00, receipt number 700000116 (Collins, S) (Collins, S) |
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| Monday, August 14, 2023 | ||
| 10 | 10
2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis Order on Memorandum and Recommendations
Mon 08/14 10:28 AM
ORDER denying 7 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations regarding 8 Memorandum and Recommendations. The court hereby ADOPTS the recommendation of the magistrate judge as its own, and plaintiff's motion to proceed in forma pauperis (DE 7) is DENIED. Plaintiff cites in his motion for an extension of time to satisfy the filing fee that he expects to receive sufficient funds on or about September 1, 2023, and additionally will commence new employment September 18, 2023. For good cause shown, plaintiff's motion DE 9 is GRANTED and he is allowed until October 2, 2023, to pay the filing fee. Signed by District Judge Louise Wood Flanagan on 8/14/2023. ( Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. ) (Collins, S) |
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| Wednesday, August 09, 2023 | ||
| 9 | 9
respoth
Objection to Memorandum and Recommendations
Wed 08/09 4:54 PM
OBJECTION to8 Memorandum and Recommendations by Matthew Feehan. (Collins, S) |
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Att: 1
Envelope
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| Thursday, July 20, 2023 | ||
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3
pgs
motion
Memorandum and Recommendations
Thu 07/20 4:41 PM
MEMORANDUM AND RECOMMENDATIONS regarding 7 MOTION for Leave to Proceed in forma pauperis filed by Matthew Feehan. It is RECOMMENDED that Plaintiff's application to proceed in forma pauperis [DE # 7 ] be DENIED and that the clerk be directed to close this case unless Plaintiff pays the requisite filing fee by August 21, 2023. Objections to Memorandum and Recommendations due by 8/3/2023. Signed by US Magistrate Judge Kimberly A Swank on 7/20/2023. (Carter, Alexus) |
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| Friday, July 14, 2023 | ||
| 7 | 7
motion
Proceed In Forma Pauperis
Fri 07/14 4:49 PM
MOTION for Leave to Proceed in forma pauperis filed by Matthew Feehan. (Carter, Alexus) |
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Att: 1
A0239 Supplemental Answers
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| Tuesday, June 27, 2023 | ||
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3
pgs
order
Order on Motion to Seal Document Order on Motion for Leave to Proceed In Forma Pauperis
Tue 06/27 2:26 PM
ORDER denying 5 Motion to Seal Document 2 MOTION for Leave to Proceed in forma pauperis and terminating 2 Proposed Sealed Motion for Leave to Proceed in forma pauperis. The clerk is directed to maintain Plaintiff's proposed application to proceed without prepayment of costs under seal in order to preserve the record. The court will take no action on the application, and the clerk is directed to terminate the application in light of the denial of Plaintiff's motion to seal. If Plaintiff desires to have the court consider his application to proceed without prepayment of fees, he must refile the application as a public document in conformity with Local Civil Rule 79.2(b)(3) no later than July 14, 2023. Alternatively, Plaintiff can pay the appropriate filing fee by July 14, 2023. Signed by US Magistrate Judge Kimberly A Swank on 6/27/2023. ( Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. ) (Collins, Sandra) |
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| Tuesday, April 04, 2023 | ||
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notice
Notice of Pro Se E-Noticing
Tue 04/04 4:56 PM
Notice of Pro Se E-Noticing - Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. All documents filed in CM-ECF will be served on this party via email pursuant to Rule 5 of the Federal Rules of Civil Procedure and Local Civil Rule 5.1. (Collins, S.) |
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| Monday, April 03, 2023 | ||
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motion
Seal Document
Mon 04/03 5:04 PM
MOTION to Seal Document2 MOTION for Leave to Proceed in forma pauperis filed by Matthew Feehan. (Collins, S.) |
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Att: 1
Envelope
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utility
Motion Referred
Mon 04/03 4:40 PM
Motion Referred to US Magistrate Judge Kimberly A. Swank regarding2 MOTION for Leave to Proceed in forma pauperis. (Collins, S.) |
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utility
Motion Referred
Mon 04/03 5:05 PM
Motion Referred to US Magistrate Judge Kimberly A. Swank regarding5 MOTION to Seal Document2 MOTION for Leave to Proceed in forma pauperis. (Collins, S.) |
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| Tuesday, March 21, 2023 | ||
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misc
Financial Disclosure Statement
Thu 03/23 7:12 AM
Financial Disclosure Statement filed by Matthew Feehan. (Rudd, D.) |
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| 3 | 3
notice
Notice of Self-Representation
Thu 03/23 7:11 AM
Notice of Self-Representation filed by Matthew Feehan. (Rudd, D.) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Thu 03/23 7:11 AM
MOTION for Leave to Proceed in forma pauperis, filed by Matthew Feehan. (Rudd, D.) |
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| 1 | 1
cmp
Complaint
Thu 03/23 7:10 AM
COMPLAINT against Grand Canyon University, RMS, Inc., filed by Matthew Feehan. (Rudd, D.) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Notice of a Lawsuit and Request to Waive Service of a Summons
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