Case Details

CourtDistrict of Kansas
Docket number2:12-cv-02221
Date case filed2012-04-17
Date case closed2013-10-25
Date of latest filing
Assigned toDistrict Judge Julie A. Robinson
Case cause28:1441 Petition for Removal
Nature of suit890 Other Statutory Actions
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Ann Funderburke
Party type: Plaintiff
and those similarly situated
Attorney name: Alan J. Stecklein
Attorney Contact:
Consumer Legal Clinic LLC
748 Ann Avenue
Kansas City, KS 66101
913-371-0727
Fax: 913-371-0147
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Charles D. Kugler
Attorney Contact:
Law Offices of Charles D. Kugler
5415 North 115th
Kansas City, KS 66109
816-863-5297
Fax: 913-371-0147
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Keith J. Keogh
Attorney Contact:
Keogh Law, Ltd.
55 W. Monroe Street, Suite 3390
Chicago, IL 60603
312-726-1092
Fax: 312-726-1093
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Midland Funding LLC
Party type: Defendant
Attorney name: Joseph E. Bant
Attorney Contact:
Lewis Rice LLC - Kansas City
1010 Walnut, Suite 500
Kansas City, MO 64106
816-421-2500
Fax: 816-472-2500
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Thomas M. Martin
Attorney Contact:
Lewis Rice LLC - Kansas City
1010 Walnut, Suite 500
Kansas City, MO 64106
816-472-2525
Fax: 816-472-2500
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-04-17 NOTICE OF REMOVAL from District Court of Wyandotte County, Kansas, case number 12-CV-385, filed by Midland Funding LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (ta) (Entered: 04/17/2012)
22012-04-17 CIVIL COVER SHEET re 1 Notice of Removal by Defendant Midland Funding LLC. (ta) (Entered: 04/17/2012)
32012-04-17 NOTICE of Filing Notice of Removal in the District Court of Wyandotte County, Kansas by Midland Funding LLC. (Attachments: # 1 Exhibit A)(Martin, Thomas) (Entered: 04/17/2012)
42012-04-24 ANSWER to Complaint by Midland Funding LLC.(Martin, Thomas) (Entered: 04/24/2012)
52012-05-15 (WITHDRAWN: See 15 Order.) MOTION to Remand to State Court by Plaintiff Ann Funderburke. (Stecklein, Alan) (Entered: 05/15/2012)
62012-05-15 MEMORANDUM IN SUPPORT of 5 MOTION to Remand to State Court by Plaintiff Ann Funderburke. (Stecklein, Alan) (Entered: 05/15/2012)
72012-06-05 MEMORANDUM IN OPPOSITION by Defendant Midland Funding LLC re 5 MOTION to Remand to State Court. (Martin, Thomas) (Entered: 06/05/2012)
82012-06-15 MOTION for Extension of Time to File Reply as to 7 Memorandum in Opposition to 5 Motion to Remand to State Court. by Plaintiff Ann Funderburke. (Stecklein, Alan) (Entered: 06/15/2012)
92012-06-18 ORDER granting 8 Motion for Extension of Time to File Reply re 5 MOTION to Remand to State Court. Reply deadline 7/19/2012. Signed by District Judge Julie A. Robinson on 6/18/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ams) (Entered: 06/18/2012)
102012-07-13 MOTION for attorney Keith J. Keogh to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number 1083-2431160.) by Plaintiff Ann Funderburke. (Stecklein, Alan) (Entered: 07/13/2012)
112012-07-16 ORDER denying without prejudice 10 Application to Appear Pro Hac Vice filed by Keith J. Keogh. The application is denied for failure to comply with D. Kan. Rule 83.5.4(a)(2) and (4). More specifically, the application to appear pro hac vice is denied because the attorney seeking admission pro hac vice cannot move to admit himself. Instead, the motion for leave to appear pro hac vice must be filed by a member in good standing of the bar of this court, i.e., local counsel. Additionally, the motion for leave to appear pro hac vice and affidavit in support should be in the form prescribed by the local rule. Signed by Magistrate Judge David J. Waxse on 7/16/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk) (Entered: 07/16/2012)
122012-07-19 MOTION for attorney Keith J. Keogh to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number 1083-2437702.) by Plaintiff Ann Funderburke. (Attachments: # 1 Affidavit in Support of Motion for Leave to Appear Pro Hac Vice)(Stecklein, Alan) (Entered: 07/19/2012)
132012-07-19 ORDER granting 12 Motion to Appear Pro Hac Vice. Keith J. Keogh is granted leave to appear pro hac vice on behalf of Ann Funderburke. If phv counsel has not already registered for electronic notification, you must register pursuant to the court's Administrative Procedures. Complete a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge David J. Waxse on 7/19/2012.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mg) (Entered: 07/19/2012)
142012-07-19 MOTION to Withdraw 5 MOTION to Remand to State Court by Plaintiff Ann Funderburke. (Stecklein, Alan) (Entered: 07/19/2012)
152012-07-20 ORDER withdrawing 5 Motion to Remand to State Court; granting 14 Motion to Withdraw. Signed by District Judge Julie A. Robinson on 7/20/2012. (pp) (Entered: 07/20/2012)
162012-07-31 ORDER SETTING SCHEDULING CONFERENCE: Telephone Scheduling Conference set for 9/12/2012 at 11:00 AM before Magistrate Judge David J. Waxse. Report of Parties Planning Meeting deadline 9/5/2012. Signed by Magistrate Judge David J. Waxse on 7/31/2012. (ll) (Entered: 07/31/2012)
172012-08-03 MOTION to Compel Arbitration and to Stay Trial Court Proceedings by Defendant Midland Funding LLC. (Martin, Thomas) (Entered: 08/03/2012)
182012-08-03 MEMORANDUM IN SUPPORT of 17 MOTION to Compel Arbitration and to Stay Trial Court Proceedings by Defendant Midland Funding LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Martin, Thomas) (Entered: 08/03/2012)
18.1 Exhibit A
18.2 Exhibit B
18.3 Exhibit C
18.4 Exhibit D
192012-08-10 MOTION to Stay Deadlines re: 17 MOTION to Compel Arbitration and to Stay Trial Court Proceedings by Plaintiff Ann Funderburke. (Stecklein, Alan) (Entered: 08/10/2012)
202012-08-16 Unopposed MOTION for Extension of Time to File Response as to 17 MOTION to Compel Arbitration and to Stay Trial Court Proceedings by Plaintiff Ann Funderburke. (Stecklein, Alan) (Entered: 08/16/2012)
212012-08-17 ORDER granting 20 Motion for Extension of Time to File Response re: 17 MOTION to Compel Arbitration and to Stay Trial Court Proceedings. Response deadline 9/19/2012. Signed by District Judge Julie A. Robinson on 8/17/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ams) (Entered: 08/17/2012)
222012-08-20 ORDER: The Telephone Scheduling Conference set for 9/12/2012 is cancelled pending further order of the Court. Entered by Magistrate Judge David J. Waxse on 8/20/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll) (Entered: 08/20/2012)
232012-08-24 Joint MOTION for Extension of Time for Briefing Related to Defendant's 17 Motion to Compel Arbitration by Defendant Midland Funding LLC. (Martin, Thomas) (Entered: 08/24/2012)
242012-08-31 ORDER granting 23 Motion for Extension of Time to File. Defendant's response to the Discovery Motion (Doc. 19) is due September 14, 2012; Plaintiff's reply to the Discovery Motion is due September 28, 2012. In the event the Court denies Plaintiff's Discovery Motion, Plaintiff's response to the Arbitration Motion (Doc. 17) is due fourteen (14) days following the Court's denial of the Discovery Motion. In the event the Court grants Plaintiff's Discovery Motion, the parties shall schedule a conference with the Court to set forth a discovery schedule for the Arbitration Motion and a deadline for Plaintiff's response to same. In any event, Defendant's reply in support of the Arbitration Motion shall be due fourteen (14) days following the Plaintiff's response to same. Signed by District Judge Julie A. Robinson on 8/31/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ams) (Entered: 08/31/2012)
252012-09-14 RESPONSE by Defendant Midland Funding LLC re: 19 MOTION to Stay Deadlines re: 17 MOTION to Compel Arbitration and to Stay Trial Court Proceedings, 17 MOTION to Compel Arbitration and to Stay Trial Court Proceedings. (Martin, Thomas) (Entered: 09/14/2012)
262012-09-28 REPLY to Response to Motion by Plaintiff Ann Funderburke re: 19 MOTION to Stay Deadlines re: 17 MOTION to Compel Arbitration and to Stay Trial Court Proceedings to Allow Discovery. (Stecklein, Alan) (Entered: 09/28/2012)
272012-10-15 MEMORANDUM AND ORDER denying 19 Motion to Stay Briefing on Defendant's Motion to Compel Arbitration and Stay Trial Court Proceedings to Allow Discovery. Plaintiff shall respond to the Motion to Compel Arbitration within fourteen (14) days. Signed by District Judge Julie A. Robinson on 10/15/2012. (pp) (Entered: 10/15/2012)
282012-10-29 RESPONSE by Plaintiff Ann Funderburke re: 17 MOTION to Compel Arbitration and to Stay Trial Court Proceedings.(Stecklein, Alan) (Entered: 10/29/2012)
292012-11-09 Unopposed MOTION for Extension of Time to File Reply in support of motion to compel arbitration as to 28 Response to Motion by Defendant Midland Funding LLC. (Martin, Thomas) (Entered: 11/09/2012)
302012-11-12 REPLY to Response to Motion by Defendant Midland Funding LLC re: 17 MOTION to Compel Arbitration and to Stay Trial Court Proceedings. (Martin, Thomas) (Entered: 11/12/2012)
312012-11-13 ORDER finding as moot 29 Motion for Extension of Time to File Reply. Defendant filed the reply brief before its November 13, 2012 deadline, so the request for an extension of time is moot. Signed by District Judge Julie A. Robinson on 11/13/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ams) (Entered: 11/13/2012)
322013-02-01 MEMORANDUM AND ORDER granting 17 Motion to Compel Arbitration and to Stay Trial Court Proceedings. The Court stays all proceedings and orders the parties to proceed to arbitration. Midland shall file a status report by June 30, 2013, advising whether this matter has been resolved or whether arbitration is still pending. Signed by District Judge Julie A. Robinson on 2/1/2013. (pp) (Entered: 02/01/2013)
332013-07-01 STATUS REPORT by Midland Funding LLC. (Martin, Thomas) (Entered: 07/01/2013)
342013-07-15 NOTICE OF TELEPHONE CONFERENCE: Status Conference set for 8/2/2013 at 02:00 PM by telephone before Magistrate Judge David J. Waxse. The Status Conference is set up as a Meet-Me dial-in conference. All counsel who intend to participate in the conference call should dial (913) 735-2279 to enter the conference. (byk) (Entered: 07/15/2013)
352013-07-26 SUGGESTION OF DEATH as to Plaintiff by Ann Funderburke. (Stecklein, Alan) (Entered: 07/26/2013)
362013-08-01 ORDER CANCELLING TELEPHONE CONFERENCE - The Status Conference set for 8/2/2013 at 02:00 PM by telephone before Magistrate Judge David J. Waxse is hereby cancelled. It will be reset, if necessary, after resolution of 35 Suggestion of Death of Plaintiff. Signed by Magistrate Judge David J. Waxse on 8/1/2013. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (do) (Entered: 08/01/2013)
372013-10-25 ORDER OF DISMISSAL. Signed by District Judge Julie A. Robinson on 10/25/2013. (ms) (Entered: 10/28/2013)