Callier v. Tip Top Capital Inc et al
| Texas Western District Court | |
| Judge: | Kathleen Cardone |
| Case #: | 3:23-cv-00437 |
| Nature of Suit | 485 Other Statutes - Telephone Consumer Protection Act |
| Cause | 47:227 Restrictions of Use of Telephone Equipment |
| Case Filed: | Dec 04, 2023 |
| Terminated: | Apr 16, 2024 |
| Last checked: Saturday Jun 01, 2024 5:29 AM CDT |
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Defendant
Vadim Shtivelman
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Defendant
Tip Top Capital Inc
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Plaintiff
Brandon L Callier
1490 A George Dieter Drive, #174
El Paso, TX 79936 |
GPO
Mar 22 2024
REPORT AND RECOMMENDATIONS re 9 Motion for Default Judgment filed by Brandon L Callier. Signed by Judge Robert F. Castaneda. (dt) |
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GPO
Apr 16 2024
ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATIONS for 10 Report and Recommendations, 9 Motion for Default Judgment filed by Brandon L Callier. Accordingly, the Court ADOPTS in part and REJECTS in part the R&R, ECF No. 10, and ORDERS that Plaintiffs Motion for Default Judgment, ECF No. 9, is GRANTED in part and DENIED in part. The Motion is granted as to Plaintiffs claims against Shtivelman and denied as to Plaintiffs claims against Tip Top Capital. IT IS FURTHER ORDERED that Defendant Vadim Shtivelman SHALL PAY Plaintiff $500 for each of the four phone calls made in violation of § 227(c); $1,500 for each of the seventeen knowing and willful phone calls made in violation of § 227(c); and $5,000 for each of the twenty-one phone calls made in violation of Texas Business & Commerce Code § 302.101, for a total damages award of $132,500. IT IS FURTHER ORDERED that Defendant Vadim Shtivelman SHALL PAY Plaintiff $402 in costs of Court. IT IS FURTHER ORDERED that Plaintiffs claims against Tip Top Capital are DISMISSED for defective service.. Signed by Judge Kathleen Cardone. (dt) |
| Docket last updated: 05/19/2025 11:59 PM CDT |
| Tuesday, April 16, 2024 | ||
| 11 | 11
8
pgs
order
Order Adopting/Rejecting Report and Recommendations
Tue 04/16 1:24 PM
ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATIONS for10 Report and Recommendations,9 Motion for Default Judgment filed by Brandon L Callier. Accordingly, the Court ADOPTS in part and REJECTS in part the R&R, ECF No. 10, and ORDERS that Plaintiffs Motion for Default Judgment, ECF No. 9, is GRANTED in part and DENIED in part. The Motion is granted as to Plaintiffs claims against Shtivelman and denied as to Plaintiffs claims against Tip Top Capital. IT IS FURTHER ORDERED that Defendant Vadim Shtivelman SHALL PAY Plaintiff $500 for each of the four phone calls made in violation of § 227(c); $1,500 for each of the seventeen knowing and willful phone calls made in violation of § 227(c); and $5,000 for each of the twenty-one phone calls made in violation of Texas Business & Commerce Code § 302.101, for a total damages award of $132,500. IT IS FURTHER ORDERED that Defendant Vadim Shtivelman SHALL PAY Plaintiff $402 in costs of Court. IT IS FURTHER ORDERED that Plaintiffs claims against Tip Top Capital are DISMISSED for defective service.. Signed by Judge Kathleen Cardone. (dt) |
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| Friday, March 22, 2024 | ||
| 10 | 10
misc
Report and Recommendations
Fri 03/22 2:52 PM
REPORT AND RECOMMENDATIONS re9 Motion for Default Judgment filed by Brandon L Callier. Signed by Judge Robert F. Castaneda. (dt) |
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| Monday, February 12, 2024 | ||
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order
Order on Motion for Default Judgment
Mon 02/12 9:46 PM
Text Order REFERRING9 Motion for Default Judgment. REFERRED to United States Magistrate Judge Robert Castaneda. SO ORDERED. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC) |
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| Tuesday, January 23, 2024 | ||
| 9 | 9
motion
Default Judgment
Tue 01/23 4:16 PM
MOTION for Default Judgment against Tip Top Capital Inc and Vadim Shtivelman by Brandon L Callier.(Callier, Brandon) |
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Att: 1
Proposed Order,
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Att: 2
Affidavit,
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Att: 3
Certificate of Service
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| Friday, January 12, 2024 | ||
| 8 | 8
order
Clerks Entry of Default
Fri 01/12 4:21 PM
Clerk's ENTRY OF DEFAULT as to Vadim Shtivelman, Tip Top Capital Inc (dt) |
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| Thursday, January 11, 2024 | ||
| 7 | 7
motion
Clerk's Entry of Default
Thu 01/11 3:34 PM
MOTION for Clerk's Entry of Default against Tip Top Capital and Vadim Shtivelman by Brandon L Callier. (Callier, Brandon) |
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| Thursday, December 21, 2023 | ||
| 6 | 6
service
Summons Returned Executed
Thu 12/21 12:18 PM
SUMMONS Returned Executed by Brandon L Callier. Vadim Shtivelman served on 12/14/2023, answer due 1/4/2024; Tip Top Capital Inc served on 12/12/2023, answer due 1/2/2024. (Callier, Brandon) |
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| Wednesday, December 06, 2023 | ||
| 5 | 5
service
Summons Issued
Wed 12/06 10:52 AM
Summons Issued as to Vadim Shtivelman, Tip Top Capital Inc. (dt) |
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| 4 | 4
service
Request for Issuance of Summons
Wed 12/06 10:11 AM
REQUEST FOR ISSUANCE OF SUMMONS by Brandon L Callier.(Callier, Brandon) |
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Att: 1
Vadim Shtivelman Summons
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cmp
Complaint
Wed 12/06 9:58 AM
COMPLAINT , filed by Brandon L Callier.(Callier, Brandon) |
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| 2 | 2
misc
JS44 (Civil Cover Sheet) Submitted
Wed 12/06 9:53 AM
JS44 (Civil Cover Sheet) submitted by Brandon L Callier. (Callier, Brandon) |
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| Monday, December 04, 2023 | ||
| 1 | 1
misc
Payment of Filing Fee
Mon 12/04 4:16 PM
Filing fee received in the amount of $405, receipt number ATXWDC-18165434. (Callier, Brandon) |
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