Martincek v. Lloyd & McDaniel, PLC et al

Georgia Northern District Court
Judge:	Eleanor L Ross
Referred:	Regina D Cannon
Case #:	1:25-cv-02788
Nature of Suit	480 Other Statutes - Consumer Credit
Cause	15:1692 Fair Debt Collection Act

Case Filed:	May 20, 2025
Terminated:	Feb 23, 2026

Docket
Parties (3)

Last checked: Sunday Nov 16, 2025 2:37 AM EST

Defendant Bank of America, N.A.	Represented By Danny Patterson, Jr Mcguirewoods Llp-Atlanta contact info Rachel Rosenberg Mcguirewoods LLP contact info
Defendant Lloyd & McDaniel, PLC	Represented By Chlo'E Thornton Messer Strickler Burnette, Ltd. contact info
Plaintiff Eric Martincek 3255 Lawrenceville Suwanee Road P#142 Suwanee, GA 30024

Docket last updated: 11/09/2026 11:59 PM EST

Thursday, July 16, 2026
		appeal Appeal Record Certified Thu 07/16 9:57 AM Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal,30 Notice of Appeal. Case Appealed to USCA- 11th Circuit, Case Number 26-10913 DD. The entire record on appeal is available electronically. (pjm) Related: [-]
Wednesday, May 20, 2026
35		35 appeal USCA Clerk's Reinstatement Wed 05/20 12:30 PM USCA Clerk's Entry: Motion to reinstate appeal filed by Appellant Eric Martincek is GRANTED by clerk re:30 Notice of Appeal. Case Appealed to USCA- 11th Circuit, Case Number 26-10913 DD. (pjm) Related: [-]
Tuesday, May 05, 2026
34		34 appeal USCA Clerk's Entry of Dismissal Wed 05/06 8:37 AM USCA Clerk's Entry of Dismissal for Want of Prosecution: Pursuant to the 11th Cir. R. 42-1(b),30 Notice of Appeal is DISMISSED for want of prosecution because the appellant Eric Martincek failed to comply with the rules on Certificates of Interested Persons and Corporate Disclosure Statements within the time fixed by the rules. Case Appealed to USCA- 11th Circuit, Case Number 26-10913 DD. (pjm) Related: [-]
Friday, April 03, 2026
		misc Appeal Fee Payment Received Fri 04/03 11:05 AM Appeal Fee Payment Received re:30 Notice of Appeal. $605.00, receipt number 100026102. (pjm) Related: [-]
Monday, March 23, 2026
33		33 appeal USCA Acknowledgment Mon 03/23 4:15 PM USCA Acknowledgment of30 Notice of Appeal filed by Eric Martincek. Case Appealed to USCA- 11th Circuit. Case Number 26-10914 E. (pjm) Related: [-]
Friday, March 20, 2026
32		32 appeal Transmission of Notice of Appeal and Docket Sheet to USCA Fri 03/20 3:37 PM Transmission of Certified Copy of Notice of Appeal, Judgment, Order, Report and Recommendation, and Docket Sheet to USCA- 11th Circuit re:30 Notice of Appeal. There is no transcript. Appeal fees HAVE NOT been paid. The District Judge is Eleanor L. Ross. (pjm) Related: [-]
31		31 appeal Appeal Deficiency Letter Fri 03/20 3:27 PM Deficiency Letter issued to Appellant re:30 Notice of Appeal filed by Eric Martincek. Reasons for deficiency: Appeal fee not received. Application for IFP not received. (pjm) Related: [-]
30		30 appeal Notice of Appeal Fri 03/20 3:17 PM NOTICE OF APPEAL as to29 Clerk's Judgment and28 Order on Motion to Dismiss for Failure to State a Claim, Order on Final Report and Recommendation, by Eric Martincek. Case Appealed to USCA- 11th Circuit. (pjm) Related: [-]
Monday, February 23, 2026
29		29 misc Judgment - Clerk Mon 02/23 11:46 AM CLERK'S JUDGMENT dismissing action with prejudice (ajw) Related: [-]
28		28 10 pgs order Order on Motion to Dismiss for Failure to State a Claim Order on Final Report and Recommendation Mon 02/23 11:41 AM ORDER: The undersigned OVERRULES Plaintiff's objections to the R&R, Doc.27 , ADOPTS the R&R, Doc.24 , as the order of the Court, and, for the reasons stated in the R&R, GRANTS Defendants' Joint Motion to Dismiss, Doc.3 , and DISMISSES WITH PREJUDICE Plaintiff's Complaint. As no further issues remain, the undersigned DIRECTS the Clerk to TERMINATE this case. Signed by Judge Eleanor L. Ross on 02/23/2026. (ajw) Related: [-]
		utility Clerks Certificate of Mailing Mon 02/23 11:47 AM Clerk's Certificate of Mailing as to Eric Martincek re29 Clerk's Judgment,28 Order. (ajw) Related: [-]
		utility Terminate Civil Case Mon 02/23 11:48 AM Civil Case Terminated. (ajw) Related: [-]
Thursday, February 19, 2026
		utility Submission to District Judge Thu 02/19 11:01 AM Submission of24 FINAL REPORT AND RECOMMENDATION re1 Complaint, filed by Eric Martincek, FINAL REPORT AND RECOMMENDATION re3 Motion to Dismiss for Failure to State a Claim filed by Bank of America, N.A. to District Judge Eleanor L. Ross. (mlb) Related: [-]
Monday, February 09, 2026
27		27 respoth Objections to Report and Recommendation Tue 02/10 4:35 PM Plaintiff's OBJECTIONS to24 Report and Recommendation filed by Eric Martincek. (ajw) Related: [-]
Thursday, January 29, 2026
26		26 12 pgs order Order Thu 01/29 12:10 PM NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) Related: [-]
		utility Clerks Certificate of Mailing Thu 01/29 12:11 PM Clerk's Certificate of Mailing to Eric Martincek as to Eric Martincek re26 Order. (mlb) Related: [-]
Tuesday, January 27, 2026
25		25 2 pgs order Order for Service of Report and Recommendation Tue 01/27 12:46 PM ORDER for Service of24 Final Report and Recommendation by Magistrate Judge Regina D Cannon. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Regina D Cannon on 01/27/2026. (ajw) Related: [-]
24		24 motion Report and Recommendation - Final Tue 01/27 12:42 PM FINAL REPORT AND RECOMMENDATION re1 Complaint. Signed by Magistrate Judge Regina D Cannon on 01/27/2026. (ajw) Related: [-]
		motion Report and Recommendation - Final Tue 01/27 12:45 PM FINAL REPORT AND RECOMMENDATION that Defendants' motion to dismiss, Doc.3 , be GRANTED and that Plaintiff's complaint be DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Regina D Cannon on 01/27/2026. (ajw) Related: [-]
		utility Clerks Certificate of Mailing Tue 01/27 12:47 PM Clerk's Certificate of Mailing as to Eric Martincek re FINAL REPORT AND RECOMMENDATION,25 Order for Service of Report and Recommendation,24 FINAL REPORT AND RECOMMENDATION. (ajw) Related: [-]
Tuesday, December 02, 2025
23		23 3 pgs order Order on Motion for Leave to File Order on Motion to Stay Tue 12/02 12:30 PM ORDER: Plaintiff's6 motion to file a surreply is DENIED and Defendants'18 motion to stay is GRANTED. This case is hereby STAYED pending the ruling on Defendants' motion to dismiss. The undersigned will enter a recommendation regarding the motion to dismiss in due course. Signed by Magistrate Judge Regina D Cannon on 12/2/2025. (ajw) Related: [-]
		utility Clerks Certificate of Mailing Tue 12/02 12:31 PM Clerk's Certificate of Mailing as to Eric Martincek re23 Order on Motion for Leave to File, Order on Motion to Stay. (ajw) Related: [-]
Monday, December 01, 2025
		utility Submission to Magistrate Judge Mon 12/01 10:54 AM Submission of18 MOTION to Stay Discovery with incorporated Brief , to Magistrate Judge Regina D Cannon. (mlb) Related: [-]
Tuesday, November 18, 2025
22		22 notice Notice of Appearance Tue 11/18 12:45 PM NOTICE of Appearance by Jennifer R. Burbine on behalf of Bank of America, N.A. (Burbine, Jennifer) Related: [-]
Tuesday, October 28, 2025
21		21 discov Certificate of Service Tue 10/28 12:41 PM CERTIFICATE OF SERVICE of Defendant's Responses to Plaintiff's First Set of Interrogatories by Lloyd & McDaniel, PLC.(Thornton, Chlo'E) Related: [-]
Monday, October 27, 2025
20		20 notice Notice (Other) Mon 10/27 4:36 PM NOTICE by Bank of America, N.A. (Answer to Plaintiff's First Set of Interrogatories) (Patterson, Danny) Related: [-]
Friday, October 24, 2025
19		19 notice Notice (Other) Fri 10/24 5:47 PM NOTICE by Lloyd & McDaniel, PLC re18 MOTION to Stay Discovery with incorporated Brief - Notice of Joinder (Thornton, Chlo'E) Related: [-]
Tuesday, October 21, 2025
18		18 motion Stay Tue 10/21 11:57 AM MOTION to Stay Discovery with incorporated Brief by Bank of America, N.A..(Patterson, Danny) Related: [-]
		Att: 1 Text of Proposed Order
17		17 notice Notice of Substitution of Counsel Tue 10/21 11:50 AM Certification of Consent to Substitution of Counsel. Danny Patterson, Jr replacing attorney Rachel Rosenberg. (Patterson, Danny) Related: [-]
Friday, October 03, 2025
16		16 service Certificate of Service Fri 10/03 12:10 PM CERTIFICATE OF SERVICE filed by Eric Martincek (ajw) Related: [-]
15		15 service Certificate of Service Fri 10/03 12:09 PM CERTIFICATE OF SERVICE of Plaintiff's First Set of Interrogatives to Defendant filed by Eric Martincek (ajw) Related: [-]
Friday, September 05, 2025
14		14 order Guidelines for Discovery and Motion Practice Fri 09/05 11:48 AM Guidelines for Discovery and Motion Practice. Signed by Magistrate Judge Regina D Cannon on 09/05/2025. (ajw) Related: [-]
13		13 order Scheduling Order Fri 09/05 11:46 AM SCHEDULING ORDER: re:12 Joint Preliminary Report and Discovery Plan. Discovery ends on 3/5/2026. Motions due by 4/6/2026. Proposed Pretrial Order due by 4/6/2026. Signed by Magistrate Judge Regina D Cannon on 09/05/2025. (ajw) Related: [-]
		utility Clerks Certificate of Mailing Fri 09/05 11:49 AM Clerk's Certificate of Mailing as to Eric Martincek re14 Order-Guidelines for Discovery and Motion Practice,13 Scheduling Order. (ajw) Related: [-]
Thursday, September 04, 2025
12		12 misc Joint Preliminary Report and Discovery Plan Thu 09/04 4:32 PM JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Lloyd & McDaniel, PLC. (Thornton, Chlo'E) Related: [-]
Monday, August 18, 2025
11		11 misc Certificate of Interested Persons/Corporate Disclosure Statement Mon 08/18 1:55 PM Certificate of Interested Persons and Corporate Disclosure Statement by Lloyd & McDaniel, PLC. (Thornton, Chlo'E) Related: [-]
		misc Clerk's Notation for LOA/CIP Mon 08/18 2:44 PM Clerk's Notation re11 Certificate of Interested Persons/Corporate Disclosure Statement by Lloyd & McDaniel, PLC. Read and approved by District Judge Eleanor L. Ross. (mlb) Related: [-]
Monday, August 04, 2025
10		10 notice Notice of Appearance Mon 08/04 11:44 AM NOTICE of Appearance by Chlo'E Thornton on behalf of Lloyd & McDaniel, PLC (Thornton, Chlo'E) Related: [-]
Wednesday, July 30, 2025
		utility Submission to Magistrate Judge Wed 07/30 2:58 PM Submission of6 MOTION for Leave to File Sur-Reply to Magistrate Judge Regina D Cannon. (mlb) Related: [-]
Thursday, July 24, 2025
		utility Submission to Magistrate Judge Thu 07/24 9:17 AM Submission of3 Motion to Dismiss for Failure to State a Claim to Magistrate Judge Regina D Cannon. (mlb) Related: [-]
Tuesday, July 22, 2025
9		9 misc Joint Preliminary Report and Discovery Plan Wed 07/23 8:52 AM Plaintiff's PRELIMINARY REPORT AND DISCOVERY PLAN filed by Eric Martincek. (ajw) Related: [-]
8		8 discov Initial Disclosures Wed 07/23 8:51 AM Plaintiff's Initial Disclosures by Eric Martincek.(ajw) Related: [-]
Thursday, July 17, 2025
7		7 misc Joint Preliminary Report and Discovery Plan Thu 07/17 8:13 PM JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Bank of America, N.A.. (Rosenberg, Rachel) Related: [-]
Friday, July 11, 2025
6		6 motion Leave to File Document Fri 07/11 3:25 PM Plaintiff's MOTION for Leave to File Sur-Replyby Eric Martincek.(ajw) Related: [-]
		Att: 1 Certificate of Service,
		Att: 2 Text of Proposed Order
Monday, July 07, 2025
5		5 respm Response in Support of Motion Mon 07/07 4:20 PM RESPONSE in Support re3 Motion to Dismiss for Failure to State a Claim Defendant's Reply in Support) filed by Bank of America, N.A.. (Rosenberg, Rachel) Related: [-]
Friday, June 27, 2025
4		4 respm Response in Opposition to Motion Mon 06/30 11:06 AM Plaintiff's RESPONSE in Opposition to3 Motion to Dismiss for Failure to State a Claim filed by Eric Martincek.(ajw) Related: [-]
		Att: 1 Exhibit A
Tuesday, June 17, 2025
3		3 motion Dismiss Tue 06/17 4:22 PM Joint MOTION to Dismiss (By Defendants) with Brief In Support by Bank of America, N.A..(Rosenberg, Rachel) Related: [-]
		Att: 1 Brief
Wednesday, May 21, 2025
2		2 order Notice to Pro Se Parties Wed 05/21 9:18 AM NOTICE to Pro Se Parties. Signed by Magistrate Judge Regina D Cannon on 05/21/2025. (ajw) Related: [-]
		utility Clerks Certificate of Mailing Wed 05/21 9:20 AM Clerk's Certificate of Mailing as to Eric Martincek re2 Notice to Pro Se Parties. (ajw) Related: [-]
Tuesday, May 20, 2025
1		1 cmp Complaint Tue 05/20 2:53 PM COMPLAINT with Jury Demand (Filing fee $405, receipt number 100019360) filed by Eric Martincek.(ajw) Related: [-]
		Att: 1 Receipt,
		Att: 2 Civil Cover Sheet

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