McCoy v. Millennia Tax Relief LLC et al

Arkansas Eastern District Court
Judge:	Lee P Rudofsky
Case #:	4:23-cv-00898
Nature of Suit	485 Other Statutes - Telephone Consumer Protection Act
Cause	47:227 Restrictions of Use of Telephone Equipment

Case Filed:

Sep 28, 2023

Last checked: Tuesday Mar 26, 2024 3:17 AM CDT

Defendant Millennia Tax Relief LLC
Plaintiff Kent McCoy	Represented By Joe P. Leniski, Jr. Herzfeld, Suetholz, Gastel, Leniski And Wall, PLLC contact info James A. Streett Streett Law Firm, P.A. contact info
TERMINATED PARTIES
Defendant John Does Terminated: 03/18/2024
Defendant Robert Kim Terminated: 03/18/2024
Defendant Calen Meza Terminated: 03/18/2024

GPO Nov 26 2024
ORDER GRANTING PLAINTIFF'S 14 MOTION FOR CLASS CERTIFICATION, APPOINTMENT OF CLASS REPRESENTATIVE, AND APPOINTMENT OF CLASS COUNSEL. Representative Plaintiff Kent McCoy is appointed representative of the Class. The Court appoints Joe P. Leniski, Jr. and James Streett as Co-Lead Counsel for the Class. The Representative Plaintiff shall file a proposed notice and notice program within 30 days of the date of this Order. Signed by Judge Lee P. Rudofsky on 11/26/2024. (ldb)

Docket last updated: 2 hours ago

Monday, February 24, 2025
24		24 order Order on Motion for Extension of Time to File Mon 02/24 4:27 PM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting23 Motion for Extension of Time to File Proposed Class Notice and Notice Program. Signed by Judge Lee P. Rudofsky on 2/24/2025. (hml) Related: [-]
Tuesday, February 18, 2025
23		23 motion Extension of Time to File Document Tue 02/18 3:57 PM MOTION for Extension of Time to File Proposed Class Notice and Notice Program (RENEWED MOTION) by Kent McCoy (Leniski, Joe) Related: [-]
Monday, January 06, 2025
22		22 order Order on Motion for Extension of Time to File Mon 01/06 12:09 PM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting21 Motion for Extension of Time to File Proposed Class Notice and Notice Program. Due by February 25, 2025. Signed by Judge Lee P. Rudofsky on 1/6/2025. (hml) Related: [-]
Monday, December 23, 2024
21		21 motion Extension of Time to File Document Mon 12/23 3:59 PM MOTION for Extension of Time to File Proposed Class Notice and Notice Program by Kent McCoy (Leniski, Joe) Related: [-]
20		20 respoth Response (Non Motion) Mon 12/23 3:58 PM RESPONSE re 19 Order,,,,,, to Court's Order of November 27, 2024 by Kent McCoy (Leniski, Joe) Related: [-]
Wednesday, November 27, 2024
19		19 order Order Wed 11/27 10:28 AM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. Yesterday, the Court granted class certification in this case, based largely on the failure of the Defendant--who has not appeared in this case--to oppose the class certification motion or answer certification-related RFAs. But the Court has a nagging concern it would like addressed. Within 29 days of the date of this Order, the Court requests that Plaintiff file a brief addressing the following questions: (1) does Bristol-Myers Squibb Co. v. Superior Ct. , 582 U.S. 255 (2017), or the principles espoused therein, prevent (jurisdictionally or otherwise) this Court from certifying a (b)(2) and/or (b)(3) class with members outside the state of Arkansas; (2) is this question one that a district court has the power to raise sua sponte either because it goes to jurisdiction (albeit personal jurisdiction) or because of the more general obligation and authority of a district court to ensure fairness to absent class members in a Rule 23 class; and (3) has Defendant forfeited or waived any argument under Bristol-Myers Squibb Co. by not appearing in this case and/or not opposing class certification? Plaintiff's brief should include any potentially relevant Supreme Court and Eighth Circuit precedent in addition to whatever caselaw Plaintiff wants to cite from other circuits. The brief should be no more than 20 pages. Signed by Judge Lee P. Rudofsky on 11/27/2024. (trd) Related: [-]
Tuesday, November 26, 2024
18		18 5 pgs order Order on Motion to Certify Class Tue 11/26 11:01 AM ORDER GRANTING PLAINTIFF'S14 MOTION FOR CLASS CERTIFICATION, APPOINTMENT OF CLASS REPRESENTATIVE, AND APPOINTMENT OF CLASS COUNSEL. Representative Plaintiff Kent McCoy is appointed representative of the Class. The Court appoints Joe P. Leniski, Jr. and James Streett as Co-Lead Counsel for the Class. The Representative Plaintiff shall file a proposed notice and notice program within 30 days of the date of this Order. Signed by Judge Lee P. Rudofsky on 11/26/2024. (ldb) Related: [-]
Wednesday, August 28, 2024
17		17 notice Notice (Other) Wed 08/28 3:11 PM NOTICE by Kent McCoy re14 MOTION to Certify Class and Motion for Appointment of Class Representative and Appointment of Class Counsel (Notice of Filing Proposed Order)(Leniski, Joe) Related: [-]
		Att: 1 Exhibit A - Proposed Order Granting Motion for Class Cert
Friday, May 31, 2024
16		16 misc Declaration Fri 05/31 3:47 PM DECLARATION of Joe P. Leniski, Jr., in Support of Plaintiff's Motion by Kent McCoy. re15 Memorandum,14 Motion to Certify Class filed by Kent McCoy.(Leniski, Joe) Related: [-]
		Att: 1 Exhibit A - Plaintiff's Requests for Admission,
		Att: 2 Exhibit B - HSGLaW Firm Resume
15		15 17 pgs misc Memorandum Fri 05/31 3:41 PM MEMORANDUM re14 MOTION to Certify Class and Motion for Appointment of Class Representative and Appointment of Class Counsel filed by Kent McCoy. Memorandum of Law in Support of Motion (Leniski, Joe) Related: [-]
14		14 4 pgs motion Certify Class Fri 05/31 3:38 PM MOTION to Certify Class and Motion for Appointment of Class Representative and Appointment of Class Counsel by Kent McCoy (Leniski, Joe) Related: [-]
Monday, March 18, 2024
13		13 order Order on Motion for Discovery Mon 03/18 12:58 PM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting8 Motion to Open Discovery in light of the Court's February 28, 2024 Order and Mellennia Tax Relief's subsequent failure to respond to the Motion. Signed by Judge Lee P. Rudofsky on 3/18/2024. (hml) Related: [-]
Wednesday, March 06, 2024
12		12 respoth Response (Non Motion) Wed 03/06 3:40 PM RESPONSE re 10 Order,, to Court's Order to Show Cause by Kent McCoy (Leniski, Joe) Related: [-]
Monday, March 04, 2024
11		11 notice Notice of Voluntary Dismissal Mon 03/04 2:55 PM NOTICE of Voluntary Dismissal by Kent McCoy (Leniski, Joe) Related: [-]
Wednesday, February 28, 2024
10		10 order Order Wed 02/28 3:17 PM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: With respect to Docs.8 and9 , the Court is inclined to grant the motion, but will wait to see if a response from Millennia is filed within the default time frame for responding to motions. Additionally, the Court orders Plaintiff to show cause -- through a written brief due seven days from the date of this Order -- why Defendants Kim, Meza, and Does 1 - 10 should not be dismissed for failure to timely serve them under Federal Rule of Civil Procedure 4(m). Signed by Judge Lee P. Rudofsky on 2/28/2024. (hml) Related: [-]
Friday, February 23, 2024
9		9 6 pgs respoth Memorandum of Points and Authorities Fri 02/23 12:54 PM MEMORANDUM of points and authorities re8 Motion for Discovery filed by Kent McCoy. (Leniski, Joe) Related: [-]
8		8 motion Discovery Fri 02/23 12:52 PM MOTION for Discovery (to Open Discovery) by Kent McCoy (Leniski, Joe) Related: [-]
Friday, February 16, 2024
7		7 order Clerks Entry of Default Fri 02/16 4:09 PM Clerk's ENTRY OF DEFAULT as to Millennia Tax Relief LLC. (ldb) Related: [-]
6		6 motion Clerk's Entry of Default Fri 02/16 3:40 PM MOTION for Entry of Default of Defendant Millennia Tax Relief, LLC by Kent McCoy(Leniski, Joe) Related: [-]
		Att: 1 Exhibit A - Declaration of Joe P. Leniski, Jr.
Friday, December 01, 2023
5		5 service Summons Returned Unexecuted Fri 12/01 10:43 AM Summons Returned Unexecuted by Kent McCoy as to Robert Kim. (Leniski, Joe) Related: [-]
Thursday, November 02, 2023
		misc Docket Note Thu 11/02 8:18 AM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) DOCKET NOTE: This case is assigned to the docket of United States District Judge Lee P. Rudofsky. Magistrate Judge Benecia B. Moore is now associated to this case due to the retirement of Magistrate Judge J. Thomas Ray. Signed at the Direction of the Court on 11/2/2023. (jbh) Related: [-]
Friday, October 20, 2023
4		4 service Summons Returned Executed Fri 10/20 10:13 AM SUMMONS Returned Executed by Kent McCoy. Millennia Tax Relief LLC served on 10/6/2023.(Leniski, Joe) Related: [-]
		Att: 1 Return Receipt (Green Card)
Friday, September 29, 2023
		utility Notice of Docket Correction Fri 09/29 2:07 PM NOTICE OF DOCKET CORRECTION re1 Complaint. CORRECTION: The docket text was modified to correct the title of the document as, "CLASS ACTION COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF" as indicated by the document. (cmn) Related: [-]
Thursday, September 28, 2023
3		3 2 pgs order Order Thu 09/28 1:19 PM ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (ajj) Related: [-]
2		2 misc Diversity Disclosure Statement (Rule 7.1) Thu 09/28 1:15 PM Diversity Disclosure Statement (Rule 7.1) by Kent McCoy. (ajj) Related: [-]
1		1 cmp Complaint Thu 09/28 1:13 PM COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF PURSUANT TO 47 U.S.C. � 227 ET SEQ. (TELEPHONE CONSUMER PROTECTION ACT) with Jury Demand filed by Kent McCoy against All Defendants. (Fee $402. Receipt Number LIT3702.) Summons issued and returned to counsel. (ajj) Related: [-]
		Att: 1 Civil Cover Sheet

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