HIGHSMITH-PROPST v. ARA AUTO SALES et al
| North Carolina Middle District Court | |
| Judge: | Thomas D Schroeder |
| Referred: | Joi Elizabeth Peake |
| Case #: | 1:23-cv-01047 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1692 Fair Debt Collection Act |
| Case Filed: | Dec 01, 2023 |
| Last checked: Wednesday May 29, 2024 4:33 AM EDT |
|
Defendant
ARA AUTO SALES
|
|
|
Defendant
SAUDIA SEKANDARI
|
|
|
Plaintiff
BIANCA HIGHSMITH-PROPST
221 CHESTERTON WAY APT 1
WINSTON SALEM, NC 27104 |
| Docket last updated: 3 hours ago |
| Saturday, April 26, 2025 | ||
| 37 | 37
misc
Status Report
Sat 04/26 2:33 PM
STATUS REPORT JOINT with Plaintiff by ARA AUTO SALES, SAUDIA SEKANDARI. (VAUGHAN, JAMES) |
|
| Wednesday, April 02, 2025 | ||
| 36 | 36
4
pgs
order
Order on Motion for Reconsideration
Wed 04/02 8:07 AM
ORDER that Plaintiff's motion for reconsideration (Doc.34 ) is DENIED. Signed by JUDGE THOMAS D. SCHROEDER on 04/02/2025. (at) |
|
| Thursday, March 13, 2025 | ||
|
utility
Motions Submitted
Thu 03/13 10:05 AM
Motions Submitted to JUDGE THOMAS D. SCHROEDER-:34 MOTION for Reconsideration re33 MEMORANDUM ORDER. (ae) |
||
| Monday, February 24, 2025 | ||
| 35 | 35
respm
Response in Opposition to Motion
Mon 02/24 10:56 AM
RESPONSE in Opposition re34 MOTION for Reconsideration re33 Order on Motion to Amend/Correct,,,, Order on Motion to Dismiss,,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,, Order on Motion for Leave to File,,, filed by BIANCA HIGHSMITH-PROPST filed by ARA AUTO SALES, SAUDIA SEKANDARI. Replies due by 3/10/2025(VAUGHAN, JAMES) |
|
|
Att: 1
Exhibit Exh A - Retail Installment Contact and Security Agreement
|
||
| Thursday, February 06, 2025 | ||
| 34 | 34
9
pgs
motion
Reconsideration
Thu 02/06 12:39 PM
MOTION for Reconsideration re33 MEMORANDUM ORDER, by BIANCA HIGHSMITH-PROPST. Response to Motion due by 2/27/2025. (at) |
|
| Thursday, January 30, 2025 | ||
| 33 | 33
9
pgs
order
Order on Motion to Amend/Correct Order on Motion to Dismiss Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion for Leave to File
Thu 01/30 9:27 AM
MEMORANDUM ORDER that Defendants' motions (Docs.10 ,28 ), construed as motions to compel arbitration, are GRANTED to that extent only, and that pursuant to 9 U.S.C. § 4, the parties are DIRECTED to proceed to arbitration in accordance with the terms of the Retail Installment Contract and Security Agreement. FURTHER ORDERED that this action is STAYED pending the resolution of arbitration in accordance with the parties' arbitration agreement. FURTHER ORDERED that Highsmith-Propst's motions to amend the complaint (Docs.15 ,26 ) are DENIED AS MOOT. FURTHER ORDERED that the parties shall file a joint status report of arbitration every ninety (90) days and notify the court of any arbitration award within seven (7) days after arbitration has concluded. Signed by JUDGE THOMAS D. SCHROEDER on 01/30/2025. (at) |
|
| Friday, January 24, 2025 | ||
|
utility
Motions Submitted
Fri 01/24 7:38 AM
Motions Submitted to JUDGE THOMAS D. SCHROEDER:28 MOTION to Dismiss for Improper Venue ,26 MOTION to Amend Complaint. (ae) |
||
| Thursday, January 09, 2025 | ||
| 32 | 32
6
pgs
respm
Response in Opposition to Motion
Thu 01/09 12:55 PM
RESPONSE in Opposition to28 MOTION to Dismiss for Improper Venue , filed by BIANCA HIGHSMITH-PROPST. Replies due by 1/23/2025. (lg) |
|
| Thursday, January 02, 2025 | ||
| 31 | 31
respm
Reply to Response to Motion
Thu 01/02 2:00 PM
REPLY, filed by Plaintiff BIANCA HIGHSMITH-PROPST, to Response to26 MOTION to Amend/Correct filed by BIANCA HIGHSMITH-PROPST. (at) |
|
| Thursday, December 19, 2024 | ||
| 30 | 30
misc
Roseboro Letter - Right to Respond
Thu 12/19 12:38 PM
Roseboro Letter as to Plaintiff BIANCA HIGHSMITH-PROPST. Re28 MOTION to Dismiss for Improper Venue by ARA AUTO SALES, SAUDIA SEKANDARI. (at) |
|
| 29 | 29
respm
Brief
Thu 12/19 10:53 AM
BRIEF re28 MOTION to Dismiss for Improper Venue by Defendants ARA AUTO SALES, SAUDIA SEKANDARI filed by ARA AUTO SALES, SAUDIA SEKANDARI.(VAUGHAN, JAMES) |
|
|
Att: 1
Exhibit Exh A - Retail Installment Contact and Security Agreement
|
||
| 28 | 28
motion
Dismiss
Thu 12/19 10:50 AM
MOTION to Dismiss for Improper Venue by ARA AUTO SALES, SAUDIA SEKANDARI. Response to Motion due by 1/9/2025 (VAUGHAN, JAMES) |
|
| 27 | 27
respm
Response in Opposition to Motion
Thu 12/19 10:45 AM
RESPONSE in Opposition re26 MOTION to Amend/Correct Order,,,,,, filed by BIANCA HIGHSMITH-PROPST filed by ARA AUTO SALES, SAUDIA SEKANDARI. Replies due by 1/2/2025 (VAUGHAN, JAMES) |
|
| Wednesday, December 11, 2024 | ||
|
utility
Set/Reset Motion and R and R Deadlines/Hearings
Wed 12/11 4:06 PM
Set Deadlines re26 MOTION to Amend/Correct. Response to Motion due by 12/27/2024. (cb) |
||
| Friday, December 06, 2024 | ||
| 26 | 26
motion
Amend/Correct
Fri 12/06 2:06 PM
MOTION to Amend Complaint by BIANCA HIGHSMITH-PROPST. (at) |
|
|
Att: 1
Amended Complaint
|
||
| Tuesday, December 03, 2024 | ||
|
minutes
Motion Hearing
Tue 12/03 12:01 PM
Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER in WS-2: Motion Hearing held on 12/3/2024 on15 MOTION for Leave to File Amended Complaint and10 MOTION to Dismiss for Lack of Jurisdiction , Lack of Personal Jurisdiction and for Failure to State a Claim. Plaintiff Bianca Highsmith-Propst appeared Pro se. Attorney James Vaughan appeared on behalf of Defendants. If Plaintiff wishes to pursue her claims, she must file a new motion for leave to file an amended complaint with the amended complaint attached as an exhibit by COB Friday, December 6, 2024. Defendants are directed to respond as appropriate within the time under the rules. If no new motion for leave is filed by 12/6/2024, Defendants are to respond within 14 days to15 First Motion for Leave to Amend Complaint addressing the proposed amended complaint which was stricken. If Plaintiff decides she no longer wishes to pursue her case, she may file a stipulation of dismissal. For the reasons stated from the bench,22 Motion to Strike is DENIED. (Court Reporter Briana Chesnut.) (ae) |
||
|
order
Order on Motion to Strike
Tue 12/03 12:03 PM
ORAL ORDER issued by JUDGE THOMAS D. SCHROEDER on 12/3/2024. For the reasons stated from the bench,22 MOTION to Strike10 MOTION to Dismiss for Lack of Jurisdiction, Lack of Personal Jurisdiction and for Failure to State a Claim is DENIED. (ae) |
||
| Monday, December 02, 2024 | ||
| 25 | 25
cmp
Amended Complaint
Mon 12/02 12:39 PM
**STRICKEN** AMENDED COMPLAINT against All Defendants, filed by BIANCA HIGHSMITH-PROPST.(at) Modified on 12/2/2024 to mark stricken per 12/2/2024 Text Order. (ae) |
|
|
order
Order
Mon 12/02 2:56 PM
TEXT ORDER issued by JUDGE THOMAS D. SCHROEDER on 12/2/2024. Plaintiff has filed two documents purporting to be amended complaints without court approval. (Docs.17 ,25 .) Neither was filed within the time provided by Federal Rule of Civil Procedure 15(a) allowing Plaintiff to file them as of right. Therefore, an amended complaint can only be filed as an attachment to a proper motion. Fed. R. Civ. P. 15(a)(2); Local Rule 7.3 (j) (noting that a motion to amend does not require a brief in support). An amended complaint can be filed on the docket as a separate entry only if the court allows the motion to amend. Fed. R. Civ. P. 15(a)(2). While Plaintiff proceeds pro se , she must nevertheless follow the applicable Federal Rules of Civil Procedure and this court's local rules (which can be found on this courts public website). Pursuant to Federal Rule of Civil Procedure 12(f), the court sua sponte STRIKES both amended complaints (Docs.17 ,25 ). If Plaintiff seeks to amend her original complaint, she should file a motion to amend, with a copy of the proposed amended complaint attached as an exhibit. That way, any party wishing to respond to the motion to amend may do so within the time allowed by the Federal Rules of Civil Procedure. Currently, the only motion to amend a complaint is Docket Entry15 . If Plaintiff intends to seek to file yet another proposed amended complaint, she should do so promptly, with the proposed amended complaint attached. SO ORDERED.(ae) |
||
| Tuesday, November 26, 2024 | ||
| 24 | 24
respm
Response in Opposition to Motion
Tue 11/26 12:15 PM
RESPONSE in Opposition re22 MOTION to Strike10 MOTION to Dismiss for Lack of Jurisdiction , Lack of Personal Jurisdiction and for Failure to State a Claim filed by BIANCA HIGHSMITH-PROPST filed by ARA AUTO SALES, SAUDIA SEKANDARI. Replies due by 12/10/2024 (VAUGHAN, JAMES) |
|
| Friday, November 22, 2024 | ||
| 23 | 23
respm
Brief
Fri 11/22 1:53 PM
BRIEF re22 MOTION to Strike10 MOTION to Dismiss for Lack of Jurisdiction , Lack of Personal Jurisdiction and for Failure to State a Claim . (at) |
|
| 22 | 22
motion
Strike
Fri 11/22 1:52 PM
MOTION to Strike10 MOTION to Dismiss for Lack of Jurisdiction , Lack of Personal Jurisdiction and for Failure to State a Claim by BIANCA HIGHSMITH-PROPST. Response to Motion due by 12/13/2024. (at) |
|
| Wednesday, November 20, 2024 | ||
| 21 | 21
respm
Brief
Wed 11/20 12:40 PM
BRIEF re20 MOTION to Object to Attorney Representing Defendants due to Failure to File Notice of Appearance. (at) |
|
| 20 | 20
motion
Miscellaneous Relief
Wed 11/20 12:39 PM
MOTION to Object to Attorney Representing Defendants due to Failure to File Notice of Appearance by BIANCA HIGHSMITH-PROPST. Response to Motion due by 12/11/2024. (at) |
|
| 19 | 19
motion
Hearing
Wed 11/20 12:37 PM
MOTION for Pretrial Hearing Prior to Motion Hearing by BIANCA HIGHSMITH-PROPST. Response due 12/11/2024. (at) |
|
|
order
Order Filed for Hearing Order on Motion for Miscellaneous Relief
Wed 11/20 3:35 PM
TEXT ORDER issued by JUDGE THOMAS D. SCHROEDER on 11/20/2024. Plaintiff filed19 MOTION for Pretrial Hearing Prior to Motion Hearing and20 MOTION to Object to Attorney Representing Defendants due to Failure to File Notice of Appearance, citing the North Carolina Rules of Civil Procedure. This action is pending in federal court, and the North Carolina Rules of Civil Procedure are not applicable in this court. Even so, both motions are without merit and are DENIED.(ae) |
||
| Monday, November 18, 2024 | ||
| 18 | 18
notice
Notice of Hearing
Mon 11/18 12:01 PM
NOTICE of Hearing: Motion Hearing set for 12/3/2024 at 10:00 AM in Winston-Salem Courtroom #2 before JUDGE THOMAS D. SCHROEDER. (ae) |
|
| Monday, September 09, 2024 | ||
|
utility
Motions Submitted
Mon 09/09 10:50 AM
Motions Submitted to JUDGE THOMAS D. SCHROEDER:10 MOTION to Dismiss for Lack of Jurisdiction , Lack of Personal Jurisdiction and for Failure to State a Claim ,15 MOTION for Leave to File Amended Complaint (ae) |
||
| Monday, August 19, 2024 | ||
| 17 | 17
cmp
Amended Complaint
Tue 08/20 9:18 AM
AMENDED COMPLAINT against All Defendants, filed by BIANCA HIGHSMITH-PROPST.(at) |
|
|
Att: 1
Exhibit AR-1,
|
||
|
Att: 2
Exhibit WS-1,
|
||
|
Att: 3
Exhibit N-1
|
||
| Wednesday, August 14, 2024 | ||
| 16 | 16
respm
Brief
Wed 08/14 2:02 PM
BRIEF re15 MOTION for Leave to File Amended Complaint. (at) |
|
| 15 | 15
motion
Leave to File Document
Wed 08/14 2:01 PM
MOTION for Leave to File Amended Complaint by BIANCA HIGHSMITH-PROPST. Response to Motion due by 9/4/2024. (at) |
|
| Friday, August 02, 2024 | ||
| 14 | 14
respm
Brief
Fri 08/02 1:51 PM
BRIEF re13 Response in Opposition to Motion. (at) |
|
| 13 | 13
respm
Response in Opposition to Motion
Fri 08/02 1:51 PM
RESPONSE in Opposition (Entitled: Objection to Motion to Dismiss) re10 MOTION to Dismiss for Lack of Jurisdiction , Lack of Personal Jurisdiction and for Failure to State a Claim filed by SAUDIA SEKANDARI, ARA AUTO SALES filed by BIANCA HIGHSMITH-PROPST. Replies due by 8/16/2024. (at) |
|
| Tuesday, July 16, 2024 | ||
| 12 | 12
misc
Roseboro Letter - Right to Respond
Tue 07/16 3:51 PM
Roseboro Letter as to Plaintiff BIANCA HIGHSMITH-PROPST. Re10 MOTION to Dismiss for Lack of Jurisdiction, Lack of Personal Jurisdiction and for Failure to State a Claim by ARA AUTO SALES, SAUDIA SEKANDARI. (at) |
|
| 11 | 11
respm
Brief
Tue 07/16 3:20 PM
BRIEF re10 MOTION to Dismiss for Lack of Jurisdiction , Lack of Personal Jurisdiction and for Failure to State a Claim .(VAUGHAN, JAMES) |
|
|
Att: 1
Exhibit Exh A - Retail Installment Contact and Security Agreement
|
||
| 10 | 10
motion
Dismiss/Lack of Jurisdiction
Tue 07/16 3:18 PM
MOTION to Dismiss for Lack of Jurisdiction , Lack of Personal Jurisdiction and for Failure to State a Claim by ARA AUTO SALES, SAUDIA SEKANDARI. Response to Motion due by 8/6/2024 (VAUGHAN, JAMES) |
|
| Wednesday, July 10, 2024 | ||
| 9 | 9
service
USMS Return Executed
Wed 07/10 10:39 AM
USMS Return Executed for Complaint, Summons, Order, Notice served on ARA AUTO SALES, SAUDIA SEKANDARI on 07/01/2024, Answer due 07/22/2024. (at) |
|
| Monday, June 24, 2024 | ||
|
misc
Receipt of Funds
Mon 06/24 1:18 PM
Receipt of Funds in the amount of $ 50.00., Receipt #4775. (at) |
||
| Monday, May 13, 2024 | ||
|
misc
Receipt of Funds
Thu 05/16 4:28 PM
Receipt of Funds in the amount of $ 100.00. Receipt #4467. (lg) |
||
| Friday, May 03, 2024 | ||
| 8 | 8
notice
Notice of Right to Consent
Fri 05/03 10:02 AM
Notice of Right to Consent. USMS shall serve the attached form on all parties.(at) |
|
|
Att: 1
Consent form
|
||
| 7 | 7
service
Summons Issued
Fri 05/03 10:01 AM
Summons Issued as to ARA AUTO SALES, SAUDIA SEKANDARI. (Copy of Complaint, Order, Summons delivered to USMS for delivery) (at) |
|
| Wednesday, April 10, 2024 | ||
| 6 | 6
1
pgs
order
Order
Wed 04/10 12:30 PM
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 04/10/2024, that Plaintiff is responsible for preparing and delivering to the Clerk, the correct summons for service on each defendant, including the correct address and the name and title of the individual to be served on behalf of a corporation, association, infant, incompetent or government agency. Failure to prepare and deliver said summons within 30 days from the filing of this order shall result in this case being dismissed without further notice. The U.S. Marshal shall serve the summons and complaint upon defendants. Under Rule 4(m), the time for service is extended to July 9, 2024. (at) |
|
| Thursday, April 04, 2024 | ||
|
misc
Receipt of Funds
Fri 04/05 7:55 AM
Receipt of Funds in the amount of $ 100.00., Receipt #4183. (at) |
||
| Friday, February 23, 2024 | ||
|
misc
Receipt of Funds
Fri 02/23 2:09 PM
Receipt of Funds in the amount of $ 100.00., Receipt #3872. (at) |
||
|
utility
Case Referred to Judge
Fri 02/23 2:19 PM
CASE REFERRED RE: Receipt of Funds, to MAG/JUDGE JOI ELIZABETH PEAKE (at) |
||
| Wednesday, January 31, 2024 | ||
| 5 | 5
3
pgs
order
Order on Motion for Application to Proceed IFP
Wed 01/31 10:08 AM
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 01/30/2024, that Plaintiff's Application for Leave to Proceed In Forma Pauperis [Doc. #1 ] is GRANTED to the extent set out above, and Plaintiff is hereby permitted to proceed in this action in forma pauperis, pursuant to 28 U.S.C. § 1915(a), but as a condition of further proceeding, Plaintiff must pay $350.00 to the Clerk toward the filing fee in installments set out below or this action will be dismissed without further notice to her. Plaintiff shall within 60 days from the date of this Order make payments of $100.00, and mustpay $50.00 per month thereafter until the $350.00 filing fee has been paid, or this action will be dismissed without further notice to her. This case is stayed for 60 days to allow Plaintiff to pay the initial payment. If Plaintiff elects not to make the payments, the case will be dismissed without prejudice.(lg) |
|
| Tuesday, December 05, 2023 | ||
|
utility
Case Assigned
Tue 12/05 1:52 PM
Case ASSIGNED to JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOI ELIZABETH PEAKE. (al) |
||
|
utility
Motions Referred
Tue 12/05 2:02 PM
Motions Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE:1 APPLICATION to Proceed IFP. (al) |
||
| Monday, December 04, 2023 | ||
| 4 | 4
notice
Notice of Signed Pro Se Electronic Service Consent
Mon 12/04 4:41 PM
Notice of Signed Pro Se Electronic Service Consent by BIANCA HIGHSMITH-PROPST biancabryan2012@yahoo.com (al) |
|
| 3 | 3
misc
Civil Cover Sheet
Mon 12/04 4:39 PM
CIVIL COVER SHEET. (al) |
|
| Friday, December 01, 2023 | ||
| 2 | 2
cmp
Complaint
Mon 12/04 4:39 PM
COMPLAINT against All Defendants, filed by BIANCA HIGHSMITH-PROPST. (al) |
|
|
Att: 1
EXHIBIT A,
|
||
|
Att: 2
EXHIBIT B,
|
||
|
Att: 3
EXHIBIT C,
|
||
|
Att: 4
EXHIBIT D,
|
||
|
Att: 5
EXHIBIT E,
|
||
|
Att: 6
EXHIBIT F,
|
||
|
Att: 7
EXHIBIT G,
|
||
|
Att: 8
EXHIBIT H,
|
||
|
Att: 9
EXHIBIT I,
|
||
|
Att: 10
EXHIBIT J,
|
||
|
Att: 11
EXHIBIT K,
|
||
|
Att: 12
EXHIBIT L,
|
||
|
Att: 13
EXHIBIT M
|
||
| 1 | 1
motion
Application to Proceed IFP
Mon 12/04 4:32 PM
APPLICATION to Proceed IFP by BIANCA HIGHSMITH-PROPST. (al) |
|