Case Details

CourtSouthern District of California
Docket number3:09-cv-01951
Date case filed2009-09-04
Date case closed2011-08-05
Date of latest filing2010-05-05
Assigned toJudge Larry Alan Burns
Case cause15:1692 Fair Debt Collection Act
Nature of suit890 Other Statutory Actions
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Douglas E. Bellows
Party type: Plaintiff
Attorney name: Joshua Swigart
Attorney Contact:
Hyde & Swigart
2221 Camino Del Rio South
Suite 101
San Diego, CA 92108
(619) 233-7770
Fax: (619) 297-1022
Email: josh@westcoastlitigation.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert Lyman Hyde
Attorney Contact:
Hyde & Swigart
2221 Camino Del Rio South
Suite 101
San Diego, CA 92108
(619)233-7770
Fax: (619)297-1022
Email: bob@westcoastlitigation.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Midland Credit Management, Inc.
Party type: Defendant
Attorney name: Todd Frederick Stevens
Attorney Contact:
Keeny Waite and Stevens
402 West Broadway
Suite 1820
San Diego, CA 92101
(619)238-1661
Fax: (619)231-1897
Email: tstevens@keenlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Midland Funding LLC
Party type: Defendant
Attorney name: Todd Frederick Stevens
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12009-09-04 ComplaintCOMPLAINT with Jury Demand against Midland Credit Management, Inc., Midland Funding LLC (Filing fee $350, receipt number 004893), filed by Douglas E. Bellows.(smy) (av1). (Entered: 09/08/2009)
22009-09-04 Summons IssuedSummons Issued as to Midland Credit Management, Inc., Midland Funding LLC. (smy) (Entered: 09/08/2009)
32009-09-21 Summons Returned ExecutedSUMMONS Returned Executed by Douglas E. Bellows. Midland Funding LLC served on 9/9/2009, answer due 9/29/2009. (Swigart, Joshua) (pdc). (Entered: 09/21/2009)
42009-09-21 Summons Returned ExecutedSUMMONS Returned Executed by Douglas E. Bellows. Midland Credit Management, Inc. served on 9/9/2009, answer due 9/29/2009. (Swigart, Joshua) (pdc). (Entered: 09/21/2009)
52009-09-30 Motion for Extension of Time to File AnswerJoint Motion for Extension of Time to File Answer re 1 Complaint by Midland Credit Management, Inc. (Stevens, Todd) Modified to correct document title. Atty contacted (pdc). Modified on 10/16/09 to term motion. See 9 for Joint Motion re Amended Complaint (pdc). (Entered: 09/30/2009)
62009-09-30 Motion for Extension of Time to File AnswerJoint Motion for Extension of Time to File Answer re 1 Complaint by Midland Funding LLC. (Stevens, Todd) Modified to correct document title. Atty contacted (pdc). Modified on 10/16/2009 to term motion. See 10 for Joint Motion re Amended Complaint(pdc). (Entered: 09/30/2009)
72009-10-01 Amended ComplaintAMENDED COMPLAINT with Jury Demand against Midland Credit Management, Inc., Midland Funding LLC, filed by Douglas E. Bellows. (Attachments: # 1 Proof of Service)(Hyde, Robert) (pdc). (Entered: 10/01/2009)
7.1 Proof of Service
82009-10-01 Certificate of ServiceCERTIFICATE OF SERVICE by Douglas E. Bellows re 7 Amended Complaint (Hyde, Robert) (pdc). (Entered: 10/01/2009)
92009-10-15 Motion for More Definite StatementMOTION for Extension of Time to File Response to First Amended Complaint by Midland Credit Management, Inc. (Stevens, Todd) Modified motion event. Atty contacted re s/ (pdc). (Entered: 10/15/2009)
102009-10-15 Certificate of ServiceCERTIFICATE OF SERVICE by Midland Credit Management, Inc. (Attachments: # 1 Notice)(Stevens, Todd) Atty contacted re duplicate copies of Joint Motion (pdc). (Entered: 10/15/2009)
112009-10-16 Motion for Extension of Time to File AnswerMOTION for Extension of Time to File Response to First Amended Complaint by Midland Funding LLC. (Attachments: # 1 Proof of Service)(Stevens, Todd) Atty contacted re s/ (pdc). (Entered: 10/16/2009)
122009-11-02 Order on Motion for Extension of Time to AnswerORDER Granting Extension of Time to Respond: Defendants shall have up to and including November 6, 2009, in which to file a response to Plaintiff's First Amended Complaint. Signed by Judge Larry Alan Burns on 11/1/09. (pdc) (jrl). (Entered: 11/03/2009)
132009-11-06 Answer to Amended ComplaintAffirmative Defenses and ANSWER to 7 Amended Complaint by Midland Funding LLC, Midland Credit Management, Inc. (Attachments: # 1 Proof of Service)(Stevens, Todd) Atty contacted re s/ (pdc). (Entered: 11/06/2009)
142009-11-09 Notice and Order for Early Neutral Evaluation conferenceNOTICE AND ORDER for Early Neutral Evaluation Conference: An Early Neutral Evaluation will be held on December 17, 2009 at 2:00 p.m. in the chambers of the Honorable William McCurine, Jr. Signed by Magistrate Judge William McCurine, Jr on 11/9/09. (pdc)(jrl). (Entered: 11/10/2009)
152009-12-18 OrderORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Telephonic Case Management Conference: A Case Management Conference will be held telephonically on February 1, 2010 at 9:00 a.m. No parties need appear on the telephonic case management conference - Counsel only. Signed by Magistrate Judge William McCurine, Jr on 12/18/09.(pdc) (jrl). (Entered: 12/18/2009)
162009-12-17 Early Neutral Evaluation ConferenceMinute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Early Neutral Evaluation Conference held on 12/17/2009(Tape #n/a). (Plaintiff Attorney Robert L. Hyde). (Defendant Attorney Todd F. Stevens). (rab) (Entered: 12/28/2009)
172009-12-30 Motion to CompelPetition for Order Compelling Arbitration by Midland Credit Management, Inc., Midland Funding LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Proof of Service)(Stevens, Todd) Modified document title (pdc). (Entered: 12/30/2009)
17.1 Memo of Points and Authorities
17.2 Declaration
17.3 Declaration
17.4 Declaration
17.5 Proof of Service
182010-01-21 Motion for DiscoveryDiscovery Plan by Midland Credit Management, Inc., Midland Funding LLC. (Attachments: # 1 Proof of Service)(Stevens, Todd) Modified to terminate document as a motion and correct document title. Atty contacted (pdc). (Entered: 01/21/2010)
192010-02-01 OrderORDER Setting Telephonic Status Conference: On February 1, 2010, the Court held a Case Management Conference. A telephonic Status Conference is set for March 29, 2010 at 9:00 a.m. Signed by Magistrate Judge William McCurine, Jr on 2/1/10.(pdc)(jrl). (Entered: 02/01/2010)
202010-02-01 Case Management ConferenceMinute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Case Management Conference held on 2/1/2010. (Plaintiff Attorney Joshua Swigart). (Defendant Attorney Todd F. Stevens). (mjm) (Entered: 02/11/2010)
212010-03-08 Response in Opposition to MotionRESPONSE in Opposition re 17 Petition for Order Compelling Arbitration filed by Douglas E. Bellows. (Attachments: # 1 Memo of Points and Authorities (Evidentiary Objections), # 2 Declaration of Joshua Swigart, # 3 Declaration of Douglas Bellows, # 4 Exhibit C, # 5 Proof of Service)(Hyde, Robert) (pdc). (Entered: 03/08/2010)
222010-03-15 Reply to Response to MotionREPLY to Response to Motion re 17 Petition for Order Compelling Arbitration filed by Midland Credit Management, Inc., Midland Funding LLC. (Attachments: # 1 Declaration With Exhibit A, # 2 Memo of Points and Authorities Evidentiary Objection to Plaintiff's Evidence, # 3 Memo of Points and Authorities Response to Plaintiff's Objections, # 4 Proof of Service)(Stevens, Todd) (knh). (Entered: 03/15/2010)
22.1 Declaration With Exhibit A
22.2 Memo of Points and Authorities Evidentiary Objection to Plaintiff's Evidenc
22.3 Memo of Points and Authorities Response to Plaintiff's Objections
22.4 Proof of Service
232010-03-17 OrderMINUTE ORDER: The Motion hearing set for March 22, 2010 at 11:15 a.m. is taken off calendar and this matter is taken under submission.(knh) (av1). (Entered: 03/18/2010)
242010-03-29 OrderORDER Setting Further Telephonic Status Conference: The Court held a telephonic Status Conference on 3/29/10. A further telephonic Status Conference will be held on 4/28/2010 at 09:00 AM before Magistrate Judge William McCurine Jr.. Signed by Magistrate Judge William McCurine, Jr on 3/29/10.(mkz)(jrl). (Entered: 03/29/2010)
252010-03-29 Status ConferenceMinute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Status Conference held on 3/29/2010(Tape #n/a) (Defense Counsel: Todd Stevens). (rab) (Entered: 04/02/2010)
262010-04-23 OrderORDER Continuing Telephonic Status Conference: Due to a conflict in the Court's schedule, the 4/28/10 telephonic Status Conference is continued to 5/5/2010 at 11:00 AM before Magistrate Judge William McCurine Jr.. Signed by Magistrate Judge William McCurine, Jr on 4/23/10.(mkz) (jrl). (Entered: 04/23/2010)
272010-05-05 Status ConferenceMinute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Status Conference held on 5/5/2010(Tape #n/a). (Plaintiff Attorney Joshua Swigart). (Defendant Attorney Mary Best). (rab) (Entered: 05/10/2010)
282011-05-04 ORDER Granting Petition to Compel Arbitration. Midland's motion to compel arbitration is granted. Midland is ordered, no later than Thursday, May 5, 2011, to lodge a proposed order with the Court. The proposed order should grant on the relief sought in Midland's Petition 17 . Signed by Judge Larry Alan Burns on 5/4/11. (kaj) (Entered: 05/04/2011)
292011-05-11 Supplemental Order Granting Petition to Compel Arbitration Filed by Midland Credit Management, Inc. and Midland Funding, LLC. Pending completion of the arbitration, this action is stayed. Following the arbitrator's decision, the parties are ordered to file a notice within 30 calendar days so informing the Court. If no further issues remain following the arbitration, the parties are ordered to file a joint motion for dismissal promptly following the filing of the required notice. Signed by Judge Larry Alan Burns on 5/11/11.(kaj) (jcj). (Entered: 05/11/2011)
302011-07-20 Joint MOTION to Dismiss of Action by Douglas E. Bellows. (Swigart, Joshua)(leh). (Entered: 07/20/2011)
312011-08-05 ORDER of Dismissal, granting 30 Joint Motion to Dismiss. Bellows' individual claims are dismissed with prejudice and the remaining claims are dismissed without prejudice. The Court does not retain jurisdiction to interpret or enforce the parties' settlement agreement. Signed by Judge Larry Alan Burns on 8/5/11. (kaj) (cap). (Entered: 08/05/2011)