North Carolina Western District Court
Judge:Martin Reidinger
Referred: W Carleton Metcalf
Case #: 1:25-cv-00067
Nature of Suit485 Other Statutes - Telephone Consumer Protection Act
Cause47:227 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
Defendant
Quility Software Applications, LLC
Represented By
Matthew Keilson
Watstein Terepka LLP
contact info
Elizabeth C. King
Cranfill Sumner LLP
contact info
Ashley Futrell Hinkson
Watstein Terepka LLP
contact info
Defendant
Symmetry Financial Group, LLC
Represented By
Matthew Keilson
Watstein Terepka LLP
contact info
Elizabeth C. King
Cranfill Sumner LLP
contact info
Ashley Futrell Hinkson
Watstein Terepka LLP
contact info
Plaintiff
Brady Bennett
Represented By
Mitchel Erik Luxenburg
Luxenburg & Levin, LLC
contact info
Jacob U Ginsburg
Kimmel & Silverman, PC
contact info
Alex D. Kruzyk
Pardell, Kruzyk & Giribaldo PLLC
contact info


Docket last updated: 7 hours ago
Wednesday, February 11, 2026
44 44 misc Stipulation of Dismissal Wed 02/11 10:21 AM
STIPULATION of Dismissal by Brady Bennett (All Claims Dismissed. Case to be Closed). (Ginsburg, Jacob)
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Wednesday, January 14, 2026
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 ~Util - Terminate Deadlines and Hearings Order ~Util - Terminate Motions Tue 01/13 8:04 AM
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 Notice (Other) Mon 01/12 3:20 PM
NOTICE of Settlement - Joint by Quility Software Applications, LLC, Symmetry Financial Group, LLC (Keilson, Matthew)
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Tuesday, December 23, 2025
41 41 respm Reply to Response to Motion Tue 12/23 9:41 PM
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 respm Response in Opposition to Motion Tue 12/16 9:20 PM
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)
Related: [-]
Att: 1 Exhibit A - Declaration of Sam Bookler,
Att: 2 Exhibit B - Declaration of Matthew A. Keilson,
Att: 3 Exhibit C - Declaration of Melanie Ng Silva
Thursday, December 11, 2025
39 39 notice Notice (Other) Thu 12/11 6:22 PM
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 Exhibit 1 - Minute Entry re: Status Conference
Wednesday, December 03, 2025
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 2 pgs motion Extension of Time Tue 12/02 12:39 AM
MOTION for Extension of Time of Scheduling Order Deadlines (class certification deadline) by Brady Bennett. Responses due by 12/16/2025 (Ginsburg, Jacob)
Related: [-]
Att: 1 Memorandum,
Att: 2 Declaration of Counsel, Jacob U. Ginsburg,
Att: 3 Declaration of Counsel, Alex. D. Kruzyk
Monday, December 01, 2025
37 37 motion Leave to File Document Mon 12/01 6:26 PM
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)
Related: [-]
Att: 1 Exhibit 1 - Defendants' Sur-Reply Opposing Plaintiff's Motion for Leave to Amend,
Att: 2 Exhibit 2 - Declaration of Matthew Keilson
36 36 1 pgs order Order on Motion for Protective Order Mon 12/01 12:43 PM
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 respm Reply to Response to Motion Wed 11/26 6:19 PM
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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Att: 1 Declaration of Counsel (11-26-25)
Friday, November 21, 2025
34 34 notice Notice (Other) Fri 11/21 5:16 PM
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)
Related: [-]
Att: 1 Exhibit 1 - Corrected Declaration of Matthew Keilson
33 33 motion Protective Order Fri 11/21 5:07 PM
Joint MOTION for Protective Order by Brady Bennett. Responses due by 12/5/2025 (Kruzyk, Alex)
Related: [-]
Att: 1 Proposed Order
32 32 respm Response in Opposition to Motion Fri 11/21 4:16 PM
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)
Related: [-]
Att: 1 Exhibit 1 - Declaration of Matthew Keilson
Friday, November 14, 2025
31 31 notice Notice (Other) Fri 11/14 4:06 PM
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 Amend/Correct Pleading - NOT for extension of time Thu 11/13 11:57 PM
MOTION to Amend/Correct1 Complaint, (motion for leave to file First Amended Complaint) by Brady Bennett. Responses due by 11/28/2025 (Ginsburg, Jacob)
Related: [-]
Att: 1 Memorandum,
Att: 2 Exhibit 1 (proposed First Amended Complaint),
Att: 3 Exhibit 2 (Declaration of Counsel),
Att: 4 Exhibit A (Defendants objections to interrogatories),
Att: 5 Exhibit B (Defendants objections to requests for production),
Att: 6 Exhibit C (subpoena to Level Up),
Att: 7 Exhibit D (superseding subpoena to Level Up),
Att: 8 Exhibit E (Level Up contract with call center),
Att: 9 Exhibit F (Level Up motion to quash),
Att: 10 Exhibit G (discovery deficiency ltr)
Wednesday, October 15, 2025
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 4 pgs motion Extension of Time Mon 10/13 3:26 PM
Unopposed MOTION for Extension of Time to File Motion for Class Certification by Brady Bennett. Responses due by 10/27/2025 (Ginsburg, Jacob)
Related: [-]
Att: 1 Proposed Order
Wednesday, September 03, 2025
28 28 notice Notice of Substitution of Counsel Wed 09/03 12:35 PM
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 adr Designation of Mediator Fri 08/08 5:06 PM
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 Notice of Change of Address Tue 07/29 11:49 AM
NOTICE of Change of Address by Matthew Keilson (Keilson, Matthew)
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Monday, July 21, 2025
25 25 29 pgs order Scheduling Order Mon 07/21 8:22 AM
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
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
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 discov Certification of Initial Attorneys Conference and Discovery Plan Tue 07/01 9:34 PM
Joint CERTIFICATION of initial attorney conference and discovery plan (Ginsburg, Jacob)
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Friday, June 27, 2025
23 23 motion Extension of Time Fri 06/27 12:11 PM
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 Proposed Order
Tuesday, June 10, 2025
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 Answer to Complaint Fri 06/06 1:47 PM
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 motion Extension of Time Thu 05/22 2:53 PM
Unopposed MOTION for Extension of Time to Answer re:1 Complaint, by Quility Software Applications, LLC, Symmetry Financial Group, LLC. (King, Elizabeth)
Related: [-]
Att: 1 Proposed Order
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
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 motion Extension of Time Tue 05/06 4:03 PM
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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Att: 1 Proposed Order
Thursday, April 17, 2025
19 19 notice Notice of Appearance Thu 04/17 12:46 PM
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 Notice of Appearance Thu 04/17 11:28 AM
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
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 1 pgs order Order on Motion for Leave to Appear Pro Hac Vice Thu 04/10 3:48 PM
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 1 pgs order Order on Motion for Leave to Appear Pro Hac Vice Thu 04/10 3:31 PM
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 Appear Pro Hac Vice - one motion per atty Thu 04/10 12:52 PM
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 Appear Pro Hac Vice - one motion per atty Thu 04/10 12:49 PM
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 motion Extension of Time Wed 04/09 5:37 PM
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 Proposed Order
12 12 misc Corporate Disclosure Statement Wed 04/09 5:31 PM
Corporate Disclosure Statement by Quility Software Applications, LLC. (King, Elizabeth)
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11 11 misc Corporate Disclosure Statement Wed 04/09 5:28 PM
Corporate Disclosure Statement by Symmetry Financial Group, LLC. (King, Elizabeth)
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10 10 notice Notice of Appearance Wed 04/09 5:24 PM
NOTICE of Appearance by Elizabeth C. King on behalf of All Defendants (King, Elizabeth)
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Friday, April 04, 2025
9 9 service Summons Returned Executed Fri 04/04 2:03 PM
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 Notice (Other) Fri 03/28 3:07 PM
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 2 pgs order Order on Motion for Leave to Appear Pro Hac Vice Fri 03/21 4:17 PM
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 2 pgs order Order on Motion for Leave to Appear Pro Hac Vice Fri 03/21 4:11 PM
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 Appear Pro Hac Vice - one motion per atty Fri 03/21 2:16 PM
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 Exhibit A - Court Admissions of Alex Kruzyk
4 4 motion Appear Pro Hac Vice - one motion per atty Fri 03/21 1:46 PM
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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Att: 1 Exhibit A - Court Admissions of Jacob U. Ginsburg
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 service Summons Issued Mon 03/10 7:54 AM
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 misc Amended Document (NOT Motion) Thu 03/06 5:02 PM
AMENDED DOCUMENT by Brady Bennett. Amendment to1 Complaint, Corrected Civil Cover Sheet (Luxenburg, Mitchel)
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1 1 26 pgs cmp Complaint Thu 03/06 4:24 PM
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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Att: 1 Cover Sheet,
Att: 2 Summonses for Issuance
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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