Bennett v. Symmetry Financial Group, LLC et al
| North Carolina Western District Court | |
| Judge: | Martin Reidinger |
| Referred: | W Carleton Metcalf |
| Case #: | 1:25-cv-00067 |
| Nature of Suit | 485 Other Statutes - Telephone Consumer Protection Act |
| Cause | 47:227 Restrictions of Use of Telephone Equipment |
| Case Filed: | Mar 06, 2025 |
| Terminated: | Feb 11, 2026 |
| Last checked: Tuesday Sep 02, 2025 4:26 AM EDT |
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Defendant
Quility Software Applications, LLC
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Represented By
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Defendant
Symmetry Financial Group, LLC
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Represented By
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Plaintiff
Brady Bennett
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Represented By
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| Docket last updated: 7 hours ago |
| Wednesday, February 11, 2026 | ||
| 44 | 44
STIPULATION of Dismissal by Brady Bennett (All Claims Dismissed. Case to be Closed). (Ginsburg, Jacob) |
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| Wednesday, January 14, 2026 | ||
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notice
Case Settlement Notice
Wed 01/14 10:36 AM
Attorneys advised case settled. Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court may dismiss the case without prejudice. Case Settlement Deadline 2/13/2026. (sc) |
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| Tuesday, January 13, 2026 | ||
| 43 | 43
ORDER: The January 14, 2026 status conference and hearing is CANCELED. Plaintiff's 30 Motion to Amend/Correct, 37 Motion for Leave to File Sur Reply, and 38 Motion for Extension of Time of Scheduling Order Deadlines are DENIED WITHOUT PREJUDICE AS MOOT. Signed by US Magistrate Judge W. Carleton Metcalf on 1/12/2026. (smm) |
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| Monday, January 12, 2026 | ||
| 42 | 42
NOTICE of Settlement - Joint by Quility Software Applications, LLC, Symmetry Financial Group, LLC (Keilson, Matthew) |
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| Tuesday, December 23, 2025 | ||
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REPLY to Response to Motion re38 MOTION for Extension of Time of Scheduling Order Deadlines (class certification deadline) by Brady Bennett. (Ginsburg, Jacob) |
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| Tuesday, December 16, 2025 | ||
| 40 | 40
RESPONSE in Opposition re38 MOTION for Extension of Time of Scheduling Order Deadlines (class certification deadline) by Quility Software Applications, LLC, Symmetry Financial Group, LLC. Replies due by 12/23/2025(Keilson, Matthew) |
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| Thursday, December 11, 2025 | ||
| 39 | 39
NOTICE of filing regarding Miscellaneous Case No. 9:25-mc-00854-BHH (D.S.C.) by Brady Bennett(Kruzyk, Alex) |
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Att: 1
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| Wednesday, December 03, 2025 | ||
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notice
Notice of Hearing
Wed 12/03 2:04 PM
NOTICE of Hearing: Status Conference set for 1/14/2026 01:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before US Magistrate Judge W. Carleton Metcalf. This is your only notice - you will not receive a separate document. (slm) |
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notice
Notice of Hearing on Motion
Wed 12/03 2:05 PM
NOTICE of Hearing on Motion re:30 Motion,37 Motion and38 Motion: Motion Hearing set for 1/14/2026 01:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before US Magistrate Judge W. Carleton Metcalf. This is your only notice - you will not receive a separate document. For matters conducted on the record: LCvR 7.1(i) requires that when a party knows in advance that a transcript will be required of a hearing before a Magistrate Judge or other judicial officer (before whom proceedings are digitally recorded), the party must, before the hearing, notify the Official Court Reporter serving such judicial officer of the need. Counsel are directed to satisfy this requirement by communicating directly with the Judges Courtroom Deputy in advance of the hearing. (slm) |
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| Tuesday, December 02, 2025 | ||
| 38 | 38
MOTION for Extension of Time of Scheduling Order Deadlines (class certification deadline) by Brady Bennett. Responses due by 12/16/2025 (Ginsburg, Jacob) |
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| Monday, December 01, 2025 | ||
| 37 | 37
MOTION for Leave to File Sur-Reply Opposing Plaintiff's Motion for Leave to Amend by Quility Software Applications, LLC, Symmetry Financial Group, LLC. Responses due by 12/15/2025 (Keilson, Matthew) |
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| 36 | 36
ORDER granting 33 Motion for Entry of Confidentiality Order. Please see order for further details. Signed by US Magistrate Judge W. Carleton Metcalf on 12/1/2025. (sc) |
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| Wednesday, November 26, 2025 | ||
| 35 | 35
REPLY to Response to Motion re30 MOTION to Amend/Correct1 Complaint, (motion for leave to file First Amended Complaint) by Brady Bennett.(Ginsburg, Jacob) |
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| Friday, November 21, 2025 | ||
| 34 | 34
NOTICE of Corrected Filing to Include Complete Declaration of Matthew Keilson by Quility Software Applications, LLC, Symmetry Financial Group, LLC re32 Response in Opposition to Motion,(Keilson, Matthew) |
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| 33 | 33
Joint MOTION for Protective Order by Brady Bennett. Responses due by 12/5/2025 (Kruzyk, Alex) |
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| 32 | 32
RESPONSE in Opposition re30 MOTION to Amend/Correct1 Complaint, (motion for leave to file First Amended Complaint) by Quility Software Applications, LLC, Symmetry Financial Group, LLC. Replies due by 11/28/2025(Keilson, Matthew) |
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| Friday, November 14, 2025 | ||
| 31 | 31
NOTICE of Intent to Oppose Plaintiff's Motion to Amend by Quility Software Applications, LLC, Symmetry Financial Group, LLC re30 MOTION to Amend/Correct1 Complaint, (motion for leave to file First Amended Complaint) (Ng Silva, Melanie) |
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| Thursday, November 13, 2025 | ||
| 30 | 30
MOTION to Amend/Correct1 Complaint, (motion for leave to file First Amended Complaint) by Brady Bennett. Responses due by 11/28/2025 (Ginsburg, Jacob) |
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| Wednesday, October 15, 2025 | ||
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order
Order on Motion for Extension of Time
Wed 10/15 10:30 AM
TEXT-ONLY ORDER granting in part and denying in part 29 Motion for Extension of Time of Scheduling Order Deadlines. Text of Order: ORDER: Plaintiff's Unopposed Motion to [sic] Extension of Time to File Motion for Class Certification is GRANTED IN PART, and the deadline for Plaintiff to file a motion for class certification is EXTENDED through and including December 3, 2025. All other provisions of the Pretrial Order and Case Management Plan remain in effect. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 10/15/2025. (kkb) |
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| Monday, October 13, 2025 | ||
| 29 | 29
Unopposed MOTION for Extension of Time to File Motion for Class Certification by Brady Bennett. Responses due by 10/27/2025 (Ginsburg, Jacob) |
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Att: 1
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| Wednesday, September 03, 2025 | ||
| 28 | 28
Notice of Substitution of Counsel by Melanie Ng Silva on behalf of Quility Software Applications, LLC, Symmetry Financial Group, LLC, Attorney Ashley Futrell Hinkson terminated. (Silva, Melanie) |
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| Friday, August 08, 2025 | ||
| 27 | 27
DESIGNATION of Hon. David E. Jones as Mediator by all the parties. (Kruzyk, Alex) |
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| Tuesday, July 29, 2025 | ||
| 26 | 26
NOTICE of Change of Address by Matthew Keilson (Keilson, Matthew) |
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| Monday, July 21, 2025 | ||
| 25 | 25
Pretrial Order and Case Management Plan: Estimated Trial Time: 2-10 days. Discovery due by 7/17/2026. Class Certification Motions due by 11/3/2025. Mediator Designation deadline set for 8/8/2025. Mediation deadline set for 7/31/2026. Jury Trial set for 3/8/2027 09:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. Signed by US Magistrate Judge W. Carleton Metcalf on 7/18/2025. (sc) Modified docket text and regenerated NEF on 7/21/2025 (sc) |
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| Friday, July 18, 2025 | ||
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minutes
Pretrial Conference
Fri 07/18 9:40 AM
Minute Entry: PRETRIAL CONFERENCE held before US Magistrate Judge W. Carleton Metcalf. Plaintiffs attorney: Jacob Ginsburg and Alex Kruzyk. Defendants attorney: Matthew Keilson and Elizabeth King. An initial pretrial conference was held by videoconference on July 18, 2025 with Jacob Ginsburg and Alex Kruzyk participating on behalf of Plaintiff Brady Bennett and Matthew Keilson and Elizabeth King participating on behalf of Defendants Symmetry Financial Group, LLC and Quility Software Applications, LLC. A pretrial order will issue.(kkb) |
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| Wednesday, July 02, 2025 | ||
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order
Order on Motion for Extension of Time
Wed 07/02 1:02 PM
TEXT-ONLY ORDER finding as moot 23 Motion for Extension of Time to File Certificate of Initial Attorneys Conference and Discovery Plan Text of Order: ORDER: In light of the filing of the Certificate of Initial Attorney's Conference and Discovery Plan (Doc. 24), the Joint Motion for Extension of Time to File Certificate of Initial Attorney's Conference and Discovery Plan is DENIED AS MOOT. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 7/2/2025. (kkb) |
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notice
Notice of Hearing
Wed 07/02 1:30 PM
NOTICE of Hearing: Initial Pretrial Conference (by video) set for 7/18/2025 09:00 AM in Chambers before US Magistrate Judge W. Carleton Metcalf. Hearing link provided by separate correspondence. This is your only notice - you will not receive a separate document. (slm) |
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| Tuesday, July 01, 2025 | ||
| 24 | 24
Joint CERTIFICATION of initial attorney conference and discovery plan (Ginsburg, Jacob) |
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| Friday, June 27, 2025 | ||
| 23 | 23
Joint MOTION for Extension of Time to File Certificate of Initial Attorney's Conference and Discovery Plan by Quility Software Applications, LLC, Symmetry Financial Group, LLC. Responses due by 7/11/2025 (Hinkson, Ashley) |
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Att: 1
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| Tuesday, June 10, 2025 | ||
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notice
Notice to Conduct Initial Attorneys Conference
Tue 06/10 7:25 AM
NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The[LINK:Certificate of Initial Attorneys Conference] , and if applicable, the[LINK:Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge] , should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 7/1/2025. (hms) |
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| Friday, June 06, 2025 | ||
| 22 | 22
ANSWER to1 Complaint, with Jury Demand by Quility Software Applications, LLC, Symmetry Financial Group, LLC.(Hinkson, Ashley) |
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| Thursday, May 22, 2025 | ||
| 21 | 21
Unopposed MOTION for Extension of Time to Answer re:1 Complaint, by Quility Software Applications, LLC, Symmetry Financial Group, LLC. (King, Elizabeth) |
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Att: 1
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order
Order on Motion for Extension of Time
Thu 05/22 4:38 PM
TEXT-ONLY ORDER granting 21 Motion for Extension of Time to Answer. All Defendants. Text of Order: ORDER: Defendants' Third Unopposed Motion for Extension of Time to Respond to Complaint is GRANTED, and the deadline for Defendants to file an answer or otherwise respond to Plaintiff's Complaint is EXTENDED through and including June 6, 2025. No further extensions of this deadline will be allowed absent extraordinary circumstances. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 5/22/2025. (kkb) |
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| Wednesday, May 07, 2025 | ||
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order
Order on Motion for Extension of Time
Wed 05/07 9:52 AM
TEXT-ONLY ORDER granting 20 Motion for Extension of Time to Answer. Quility Software Applications, LLC answer due 5/27/2025; Symmetry Financial Group, LLC answer due 5/27/2025. Text of Order: ORDER: Defendants' Second Unopposed Motion for Extension of Time to Respond to Complaint is GRANTED, and the deadline for Defendants to file an answer or otherwise respond to Plaintiff's Complaint is EXTENDED through and including May 27, 2025. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 5/7/2025. (kkb) |
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| Tuesday, May 06, 2025 | ||
| 20 | 20
Second MOTION for Extension of Time to Answer re:1 Complaint, by Quility Software Applications, LLC, Symmetry Financial Group, LLC. (King, Elizabeth) |
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| Thursday, April 17, 2025 | ||
| 19 | 19
NOTICE of Appearance by Ashley Futrell Hinkson on behalf of Quility Software Applications, LLC, Symmetry Financial Group, LLC (Hinkson, Ashley) |
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| 18 | 18
NOTICE of Appearance by Matthew Keilson on behalf of Quility Software Applications, LLC, Symmetry Financial Group, LLC (Keilson, Matthew) |
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| Friday, April 11, 2025 | ||
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notice
Notice - Out of State Counsel
Fri 04/11 9:37 AM
Notice to Matthew Keilson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account[LINK:Link] . (Attorney served via NEF) Deadline by 4/18/2025. (sc) |
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| Thursday, April 10, 2025 | ||
| 17 | 17
ORDER granting 14 Motion for Leave to Appear Pro Hac Vice added Matthew Keilson for Quility Software Applications, LLC,Matthew Keilson for Symmetry Financial Group, LLC (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 4/10/2025. (sc) |
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| 16 | 16
ORDER granting 15 Motion for Leave to Appear Pro Hac Vice added Ashley Futrell Hinkson for Quility Software Applications, LLC,Ashley Futrell Hinkson for Symmetry Financial Group, LLC (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 4/10/2025. (sc) |
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| 15 | 15
MOTION for Leave to Appear Pro Hac Vice as to Ashley Futrell Hinkson Filing fee $ 300, receipt number ANCWDC-6929256. by Quility Software Applications, LLC, Symmetry Financial Group, LLC. (King, Elizabeth) |
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| 14 | 14
MOTION for Leave to Appear Pro Hac Vice as to Matthew Keilson Filing fee $ 300, receipt number ANCWDC-6929221. by Quility Software Applications, LLC, Symmetry Financial Group, LLC. (King, Elizabeth) |
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order
Order on Motion for Extension of Time
Thu 04/10 11:03 AM
TEXT-ONLY ORDER granting 13 Motion for Extension of Time to Answer. Quility Software Applications, LLC answer due 5/12/2025; Symmetry Financial Group, LLC answer due 5/12/2025. Text of Order: ORDER: Defendants' First Unopposed Motion for Extension of Time to Respond to Complaint is GRANTED, and the deadline for Defendants to file an answer or otherwise respond to Plaintiff's Complaint is EXTENDED through and including May 12, 2025. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 4/10/2025. (kkb) |
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notice
Notice - Out of State Counsel
Thu 04/10 3:43 PM
Notice to Ashley Futrell Hinkson: Pursuant to Local Rule 83.1 you are required to (Attorney served via NEF) Deadline by 4/17/2025. (sc) |
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notice
Notice - Out of State Counsel
Thu 04/10 3:51 PM
Notice to Matthew Keilson: Pursuant to Local Rule 83.1 you are required to (Attorney served via NEF) Deadline by 4/17/2025. (sc) |
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| Wednesday, April 09, 2025 | ||
| 13 | 13
Unopposed MOTION for Extension of Time to Answer re:1 Complaint, by Quility Software Applications, LLC, Symmetry Financial Group, LLC. (King, Elizabeth) |
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Att: 1
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| 12 | 12
Corporate Disclosure Statement by Quility Software Applications, LLC. (King, Elizabeth) |
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| 11 | 11
Corporate Disclosure Statement by Symmetry Financial Group, LLC. (King, Elizabeth) |
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| 10 | 10
NOTICE of Appearance by Elizabeth C. King on behalf of All Defendants (King, Elizabeth) |
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| Friday, April 04, 2025 | ||
| 9 | 9
SUMMONS Returned Executed by Brady Bennett. Symmetry Financial Group, LLC served on 3/21/2025, answer due 4/11/2025. (Ginsburg, Jacob) |
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| Friday, March 28, 2025 | ||
| 8 | 8
NOTICE of compliance with LR 83.1 by Brady Bennett re Notice - Out of State Counsel, Notice - Out of State Counsel, (Ginsburg, Jacob) |
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order
Social Security Scheduling Order (NEW)
Fri 03/28 1:56 PM
Docketed in the wrong case in error. Please disregard. (sc) |
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| Friday, March 21, 2025 | ||
| 7 | 7
ORDER granting 4 Motion for Leave to Appear Pro Hac Vice added Jacob U Ginsburg for Brady Bennett (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 3/21/2025. (sc) |
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| 6 | 6
ORDER granting 5 Motion for Leave to Appear Pro Hac Vice added Alex D. Kruzyk for Brady Bennett (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 3/21/2025. (sc) |
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| 5 | 5
MOTION for Leave to Appear Pro Hac Vice as to Alex D. Kruzyk Filing fee $ 300, receipt number ANCWDC-6897788. by Brady Bennett. (Luxenburg, Mitchel) |
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Att: 1
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| 4 | 4
MOTION for Leave to Appear Pro Hac Vice as to Jacob U. Ginsburg Filing fee $ 300, receipt number ANCWDC-6897665. by Brady Bennett. (Luxenburg, Mitchel) |
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notice
Notice - Out of State Counsel
Fri 03/21 4:12 PM
Notice to Alex D. Kruzyk: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account[LINK:Link] . (Attorney served via NEF) Deadline by 3/28/2025. (sc) |
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notice
Notice - Out of State Counsel
Fri 03/21 4:19 PM
Notice to Jacob U. Ginsburg: Pursuant to Local Rule 83.1 you are required to (Attorney served via NEF) Deadline by 3/28/2025. (sc) |
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| Monday, March 10, 2025 | ||
| 3 | 3
Summons Issued Electronically as to Quility Software Applications, LLC, Symmetry Financial Group, LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (add) |
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| Thursday, March 06, 2025 | ||
| 2 | 2
AMENDED DOCUMENT by Brady Bennett. Amendment to1 Complaint, Corrected Civil Cover Sheet (Luxenburg, Mitchel) |
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| 1 | 1
COMPLAINT against Quility Software Applications, LLC, Symmetry Financial Group, LLC with Jury Demand ( Filing fee $ 405 receipt number ANCWDC-6878281), filed by Brady Bennett.(Luxenburg, Mitchel) |
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utility
Case Assigned/Reassigned
Fri 03/07 11:23 AM
Case assigned to Chief Judge Martin Reidinger and US Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the[LINK:Case Assignment Packet] . This is your only notice - you will not receive a separate document. (add) |
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utility
Standing Order Regarding Use of Artificial Intelligence
Fri 03/07 11:25 AM
Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (add) |
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