Hale v. LVNV Funding LLC

Arkansas Eastern District Court
Judge:	Lee P Rudofsky
Case #:	4:23-cv-00929
Nature of Suit	480 Other Statutes - Consumer Credit
Cause	28:1441 Petition for Removal - Fair Credit Reporting Act

Case Filed:	Oct 02, 2023
Terminated:	Jul 25, 2024

Docket
Parties (2)

Last checked: Saturday Mar 30, 2024 4:07 AM CDT

Defendant LVNV Funding LLC	Represented By Haley M. Heath Gordon Rees Scully Mansukhani LLP contact info Brian Thomas Gordon Rees Scully Mansukhani LLP contact info
Plaintiff Delvin Hale 13617 Smarty Jones Dr Scott, AR 72142

Docket last updated: 05/09/2025 11:59 PM CDT

Thursday, July 25, 2024
32		32 order Order ~Util - Terminate Motions Thu 07/25 12:07 PM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. The Court is treating the parties'31 Joint Motion to Dismiss as a stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Such stipulations are self-executing. Accordingly, the Clerk is directed to administratively terminate this case. Signed by Judge Lee P. Rudofsky on 7/25/2024. (hml) Related: [-]
31		31 motion Dismiss Thu 07/25 10:19 AM Joint MOTION to Dismiss by LVNV Funding LLC (Thomas, Brian) Related: [-]
Wednesday, April 03, 2024
30		30 order Order on Motion to Strike Wed 04/03 11:01 AM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part23 Motion to Strike. Mr. Hale may not place LVNV's attorneys in the case caption or refer to them as defendants unless the Court grants a subsequent motion to amend (or some other motion) that would make the two persons defendants. All other relief is denied as unnecessary. The Court has made clear that Mr. Hale's discovery requests sent prior to the Rule 26 conference were premature, and thus LVNV did not need to respond to them at that time. It would thus be wasteful for Mr. Hale to include such arguments in his filings going forward, but it does not rise to the level of something the Court would strike. Signed by Judge Lee P. Rudofsky on 4/3/2024. (mec) Related: [-]
29		29 order Order on Motion for Leave to File Wed 04/03 10:13 AM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying20 Plaintiff's Motion for Leave to File Amended Complaint. The only appreciable difference between the current First Amended Complaint and the proposed Second Amended Complaint (aside from the deletion of a reference to an Arkansas statute) is the caption. The proposed Complaint's caption names LVNV's two attorneys in addition to LVNV, whereas the Operative Complaint named only LVNV. But the proposed Complaint's body sets forth no allegations against the two attorneys. So the proposed amendment would be futile. This denial is without prejudice. Signed by Judge Lee P. Rudofsky on 4/3/2024. (mec) Related: [-]
28		28 order Order on Motion for Summary Judgment Wed 04/03 9:43 AM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying17 Motion for Summary Judgment. As LVNV argues, discovery was not yet open when this summary judgment motion was filed. So this motion--which appears to be based entirely on LVNV's purported failure to respond to discovery requests--starts from a flawed premise. The discovery requests were premature. LVNV was thus not obligated to respond at that time. In any event, summary judgment would be too strong a medicine for the purported discovery violation here (assuming it really was a discovery violation). Signed by Judge Lee P. Rudofsky on 4/3/2024. (mec) Related: [-]
27		27 order Order on Motion for Default Judgment Wed 04/03 9:32 AM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying14 Motion for Default Judgment. To the extent14 the Motion for Default Judgment is live, it is denied. The Answer was filed timely. Plaintiff says service was completed on August 31, 2023. 30 days from September 1, 2023, was September 30, 2023, a Saturday. The following Monday was October 2, 2023, which is when the Answer was due and filed. Signed by Judge Lee P. Rudofsky on 4/3/2024. (mec) Related: [-]
Tuesday, February 13, 2024
26		26 order Scheduling Order Tue 02/13 10:45 AM FINAL SCHEDULING ORDER: Jury Trial set for 2/25/2025 at 9:30 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. Motions to Amend or Join Other Parties due by 8/29/2024; Discovery due by 9/27/2024; Motions due by 10/28/2024; Status Report due by 10/28/2024; and Pretrial Disclosure Sheet due by 1/27/2025. Signed at the Direction of the Court on 2/13/2024. (hml) Related: [-]
Monday, February 12, 2024
25		25 misc Report of Rule 26(f) Planning Meeting Mon 02/12 11:02 AM REPORT of Rule 26(f) Planning Meeting by LVNV Funding LLC. (Thomas, Brian) Related: [-]
Wednesday, February 07, 2024
24		24 brief Brief in Support Wed 02/07 2:27 PM BRIEF IN SUPPORT re23 Motion to Strike All References to LVNV's Attorneys Heath and Thomas and References to Plaintiff's Discovery Requests filed by LVNV Funding LLC. (Thomas, Brian) Related: [-]
23		23 motion Strike Wed 02/07 2:26 PM MOTION to Strike All References to LVNV's Attorneys Heath and Thomas and References to Plaintiff's Discovery Requests by LVNV Funding LLC(Thomas, Brian) Related: [-]
		Att: 1 Exhibit A
22		22 respm Response in Opposition to Motion Wed 02/07 2:13 PM RESPONSE in Opposition re20 MOTION for Leave to File Amended Complaint filed by LVNV Funding LLC.(Thomas, Brian) Related: [-]
		Att: 1 Exhibit A
Wednesday, January 24, 2024
21		21 respm Reply to Response to Motion Wed 01/24 4:49 PM REPLY to Response in Opposition19 to Motion re17 MOTION for Summary Judgment filed by Delvin Hale. (ajj) Related: [-]
20		20 motion Leave to File Document Wed 01/24 4:44 PM MOTION for Leave to File Amended Complaint and Supplemental Pleadings by Delvin Hale. (ajj) Related: [-]
Friday, January 19, 2024
19		19 respm Response in Opposition to Motion Fri 01/19 1:40 PM RESPONSE in Opposition re17 MOTION for Summary Judgment filed by LVNV Funding LLC. (Thomas, Brian) Related: [-]
18		18 misc Statement of Facts (Local Rule 56.1) Fri 01/19 1:39 PM STATEMENT OF FACTS (Local Rule 56.1) re17 Motion for Summary Judgment filed by LVNV Funding LLC. (Thomas, Brian) Related: [-]
Monday, January 08, 2024
17		17 motion Summary Judgment Mon 01/08 2:56 PM MOTION for Summary Judgment filed by Delvin Hale. (adj) Related: [-]
Friday, December 01, 2023
16		16 order Initial Scheduling Order Fri 12/01 9:19 AM INITIAL SCHEDULING ORDER: Rule 26(f) Report due by 2/12/2024 and Jury Trial set for 2/25/2025 at 9:30 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. Signed at the Direction of the Court on 12/1/2023. (hml) Related: [-]
Wednesday, November 22, 2023
		utility Notice of Docket Correction Wed 11/22 10:06 AM NOTICE OF DOCKET CORRECTION re15 Answer to Complaint. CORRECTION: The docket entry was modified to establish linkage to7 Plaintiff's Amended Complaint as indicated by the document. (cmn) Related: [-]
Monday, November 20, 2023
15		15 answer Answer to Complaint Mon 11/20 4:21 PM ANSWER to Complaint with Jury Demand to Plaintiff's First Amended Complaint by LVNV Funding LLC.(Heath, Haley) Related: [-]
Wednesday, November 15, 2023
14		14 motion Default Judgment Wed 11/15 3:51 PM MOTION for Default Judgment against LVNV Funding LLC by Delvin Hale. [Docketed pursuant to 11 Order] (jak) Related: [-]
13		13 answer Answer to Complaint Wed 11/15 3:48 PM DOCKET ENTRY FILED IN ERROR - DISREGARD.(cmn) (Docket text modified on 11/15/2023 to indicate the document was filed in error.) (cmn) Related: [-]
12		12 answer Answer to Complaint Wed 11/15 3:48 PM ANSWER to2 Complaint with Jury Demand by LVNV Funding LLC. [Docketed pursuant to 11 Order](jak) Related: [-]
11		11 order Order Wed 11/15 3:39 PM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER directing the Clerk to refile the Answer and Motion for Default Judgment originally filed as attachments to Doc.10 Notice and to correct Doc.5 as a Response to the Motion for Default Judgment. Signed by Judge Lee P. Rudofsky on 11/15/2023. (hml) Related: [-]
		utility Notice of Docket Correction Wed 11/15 3:51 PM NOTICE OF DOCKET CORRECTION re13 Answer. CORRECTION: The docket text was modified to indicate the document was filed in error (duplicate entry) due to a clerical mistake by the Clerk's office. (cmn) Related: [-]
Thursday, November 09, 2023
10		10 notice Notice (Other) Thu 11/09 1:45 PM NOTICE by LVNV Funding LLC re 9 Order,, OF ADDITIONAL STATE COURT DOCUMENTS(Heath, Haley) Related: [-]
		Att: 1 Document,
		Att: 2 Document,
		Att: 3 Document,
		Att: 4 Document
Monday, November 06, 2023
9		9 order Order Mon 11/06 11:58 AM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The Court directs Defendant to file a copy of all records and proceedings that occurred in the now-removed state court action. For example, the Defendant should file (independently of any Response) a copy of the Plaintiff's Motion for Default Judgment. That's just an example. The Defendant must file the entire universe of state court documents. Signed by Judge Lee P. Rudofsky on 11/6/2023. (hml) Related: [-]
8		8 order Order on Motion for Leave to File Mon 11/06 11:50 AM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting7 Motion for Leave to File. The Motion was not opposed. Accordingly, the Motion is granted. The Court will treat Doc.7 as the Amended Complaint. Plaintiff needs to understand that an amended complaint completely supersedes an original complaint. Signed by Judge Lee P. Rudofsky on 11/6/2023. (hml) Related: [-]
Friday, October 20, 2023
7		7 motion Leave to File Document Fri 10/20 1:28 PM MOTION for Leave to File Amended Complaint and Supplemental Pleadings by Delvin Hale. (ajj) Related: [-]
		Att: 1 Civil Cover Sheet
Thursday, October 19, 2023
6		6 2 pgs order Order Thu 10/19 11:40 AM INITIAL ORDER FOR PRO SE PLAINTIFFS. Signed by Judge Lee P. Rudofsky on 10/19/2023. (hml) Related: [-]
Wednesday, October 18, 2023
5		5 respoth Response (Non Motion) Wed 10/18 5:18 PM RESPONSE re2 Complaint re Plaintiff's Motion for Default Judgment by LVNV Funding LLC(Heath, Haley) Related: [-]
		Att: 1 Exhibit A
Tuesday, October 03, 2023
		utility Notice of Docket Correction Tue 10/03 10:25 AM NOTICE OF DOCKET CORRECTION re2 Complaint. CORRECTION: The docket entry was modified to correct the file date as 10/2/2023 as marked on the document. (jak) Related: [-]
Monday, October 02, 2023
4		4 2 pgs order Order Tue 10/03 10:34 AM ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (ajj) Related: [-]
3		3 misc Corporate Disclosure Statement (Rule 7.1) Tue 10/03 10:29 AM Corporate Disclosure Statement (Rule 7.1) by LVNV Funding LLC. (ajj) Related: [-]
2		2 cmp Complaint Tue 10/03 9:04 AM COMPLAINT against LVNV Funding LLC, filed by Delvin Hale. (ajj) (Docket entry modified on 10/3/2023 to correct the file date)(jak) Related: [-]
1		1 notice Notice of Removal Tue 10/03 9:00 AM NOTICE OF REMOVAL by LVNV Funding LLC from Pulaski County Circuit Court, Case Number 60CV 23-06375 Fee of $402 paid, receipt number LIT3759. (ajj) Related: [-]
		Att: 1 Civil Cover Sheet

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