Hassert, Tom v. Navient Solutions, Inc.

Filing 30

Transmission of Notice of Appeal, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 28 Notice of Appeal, (Attachments: # 1 Order, # 2 Judgment, # 3 Docket Sheet) (lak)

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ECF Western District of Wisconsin 1 of 4 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?661045438849054-L_1_0-1 3015, APPEAL, CEW, CLOSED, PROTECTIVE_ORDER, U.S. District Court Western District of Wisconsin (Madison) CIVIL DOCKET FOR CASE #: 3:16-cv-00243-jdp Hassert, Thomas v. Navient Solutions, Inc. Assigned to: District Judge James D. Peterson Referred to: Magistrate Judge Stephen L. Crocker Cause: 47:0227 Restrictions on Use of Telephone Equipment Date Filed: 04/15/2016 Date Terminated: 01/05/2017 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question Plaintiff Thomas Hassert represented by Michael S. Agruss Agruss Law Firm, LLC 4809 N. Ravenswood Avenue Ste. 419 Chicago, IL 60640 312-224-4695 Fax: 866-583-3695 Email: michael@agrusslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Samantha Anne Craig Agruss Law Firm, LLC 4809 N. Ravenswood Avenue Ste. 419 Chicago, IL 60640 312-224-4695 Fax: 312-253-4451 Email: samantha@agrusslawfirm.com ATTORNEY TO BE NOTICED V. Defendant Navient Solutions, Inc. f/k/a Sallie Mae, Inc. represented by Joseph P. Campbell Ogletree Deakins Nash Smoak & Stewart, P.C. 1243 N. 10th Street Suite 210 Milwaukee, WI 53205 414-239-6415 Fax: 414-755-8289 2/6/2017 4:00 PM ECF Western District of Wisconsin 2 of 4 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?661045438849054-L_1_0-1 Email: joseph.campbell@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed 04/15/2016 # Docket Text 1 COMPLAINT against Navient Solutions, Inc. ( Filing fee $ 400 receipt number 0758-1790428.), filed by Tom Hassert. (Attachments: # 1 Summons, # 2 JS-44 Civil Cover Sheet) (Agruss, Michael) (Entered: 04/15/2016) 04/15/2016 Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (jls) (Entered: 04/15/2016) 04/15/2016 Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement. (jls) (Entered: 04/15/2016) 04/15/2016 2 Summons Issued as to Navient Solutions, Inc. (jls) (Entered: 04/15/2016) 04/15/2016 3 Corporate Disclosure Statement by Plaintiff Tom Hassert. (Agruss, Michael) (Entered: 04/15/2016) 04/21/2016 4 Summons Returned Executed. Navient Solutions, Inc. served on 4/21/2016, answer due 5/12/2016. (Agruss, Michael) (Entered: 04/21/2016) 04/27/2016 5 Notice of Appearance filed by Joseph P. Campbell for Defendant Navient Solutions, Inc. (Campbell, Joseph) (Entered: 04/27/2016) 05/09/2016 6 Unopposed Motion for Extension of Time to File Answer re: 1 Complaint by Defendant Navient Solutions, Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Text of Proposed Order) (Campbell, Joseph) (Entered: 05/09/2016) 05/09/2016 7 ** TEXT ONLY ORDER ** ORDER granting 6 Motion for Extension of Time to Answer. Navient Solutions, Inc. answer due 6/13/2016. Signed by Magistrate Judge Stephen L. Crocker on 5/9/2016. (jls) (Entered: 05/09/2016) 06/10/2016 8 Second Motion for Extension of Time to File Answer re: 1 Complaint by Defendant Navient Solutions, Inc. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 6/17/2016. (Attachments: # 1 Text of Proposed Order) (Campbell, Joseph) (Entered: 06/10/2016) 06/10/2016 9 ** TEXT ONLY ORDER ** ORDER granting 8 Motion for Extension of Time to Answer. It is unlikely the court would grant any third request for an extension of this deadline. Navient Solutions, Inc. answer due 6/27/2016. Signed by Magistrate Judge Stephen L. Crocker on 6/10/2016. (jls) (Entered: 06/10/2016) 2/6/2017 4:00 PM ECF Western District of Wisconsin 3 of 4 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?661045438849054-L_1_0-1 06/27/2016 10 ANSWER by Defendant Navient Solutions, Inc. (Campbell, Joseph) (Entered: 06/27/2016) 06/27/2016 11 Corporate Disclosure Statement by Defendant Navient Solutions, Inc.. (Campbell, Joseph) (Entered: 06/27/2016) 06/28/2016 Set Telephonic Pretrial Conference: Telephonic Pretrial Conference set for 7/27/2016 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference attached] (jls) (Entered: 06/28/2016) 06/29/2016 12 Notice of Appearance filed by Samantha Anne Craig for Plaintiff Tom Hassert. (Craig, Samantha) (Entered: 06/29/2016) 07/21/2016 13 Report of Rule 26(f) Planning Meeting. (Craig, Samantha) (Entered: 07/21/2016) 07/27/2016 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 7/27/2016 [:05] (cak) (Entered: 07/27/2016) 08/01/2016 14 Pretrial Conference Order - Amendments to Pleadings due 8/31/2016. Dispositive Motions due 3/20/2017. Settlement Letters due 7/10/2017. Motions in Limine due 7/14/2017. Response to Motion due 7/28/2017. Final Pretrial Conference set for 8/9/2017 at 04:00 PM. Jury Selection and Trial set for 8/14/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 7/29/2016. (jls) (Entered: 08/01/2016) 08/31/2016 15 AMENDED COMPLAINT against Navient Solutions, Inc., filed by Thomas Hassert. (Agruss, Michael) Modified on 9/1/2016. (lak) (Entered: 08/31/2016) 09/13/2016 16 MOTION TO DISMISS by Defendant Navient Solutions, Inc. Brief in Opposition due 10/13/2016. Brief in Reply due 10/28/2016. (Campbell, Joseph) (Entered: 09/13/2016) 09/13/2016 17 Brief in Support of 16 Motion to Dismiss by Defendant Navient Solutions, Inc., (Attachments: # 1 Exhibit 1 - Unredacted Promissory Note (Sealed) (Campbell, Joseph) Modified on 9/13/2016. (lak) (Entered: 09/13/2016) 09/16/2016 18 Stipulated Motion for Protective Order by Defendant Navient Solutions, Inc., (Attachments: # 1 Text of Proposed Order) (Campbell, Joseph) (Entered: 09/16/2016) 09/16/2016 19 ** TEXT ONLY ORDER ** The parties' proposed stipulated protective order is accepted and entered as the court's own order in this case. Signed by Magistrate Judge Stephen L. Crocker on 9/16/2016. (jls) (Entered: 09/16/2016) 10/12/2016 20 Exhibit/Redaction to 17 Brief in Support filed by Navient Solutions, Inc. Redacted Promissory Note (Campbell, Joseph) Modified on 10/13/2016: Linked to the correct document. (lak) (Entered: 10/12/2016) 10/13/2016 21 Brief in Opposition by Plaintiff Thomas Hassert re: 16 Motion to Dismiss filed by Navient Solutions, Inc., (Attachments: 2/6/2017 4:00 PM ECF Western District of Wisconsin 4 of 4 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?661045438849054-L_1_0-1 # 1 Exhibit A - BBA Order) (Craig, Samantha) Modified on 10/14/2016. (lak) (Entered: 10/13/2016) 10/28/2016 22 Brief in Reply by Defendant Navient Solutions, Inc. in Support of 16 Motion to Dismiss. (Campbell, Joseph) (Entered: 10/28/2016) 11/18/2016 23 Joint Motion to Stay Discovery by Plaintiff Thomas Hassert. Response due 11/28/2016. (Attachments: # 1 Text of Proposed Order) (Craig, Samantha) (Entered: 11/18/2016) 11/21/2016 24 ** TEXT ONLY ORDER ** At the July 27, 2016 telephonic preliminary pretrial conference, the court set the entire schedule for this case (see dkt. 14 ), providing the parties with the quick dates they had jointly requested (see dkt. 13 ), then set the dispositive motion filing deadline for March 20, 2017, with jury selection and trial to follow on August 14, 2017. On August 31, 2016, plaintiff filed an amended complaint (dkt. 15 ), which defendant moved to dismiss on September 13, 2016 (dkt. 16 ), with the last brief being filed on October 28, 2016 (see dkt. 22 ). On November 18, 2016, the parties filed a joint motion (dkt. 23 ) to stay discovery because the court has not yet ruled on the motion to dismiss. There is no need for the court to "stay" discovery because the parties are free to call a time-out on their own, and if they wish, to extend the January 18, 2017 cutoff without the court's imprimatur. See dkt. 14 at Par. # 3. The parties should keep in mind, however, that the summary judgment motion filing deadline and the trial date remain firmly in place regardless how they choose to approach discovery. Accordingly, the joint motion to stay discovery is denied as unnecessary. Signed by Magistrate Judge Stephen L. Crocker on 11/21/2016. (jls) (Entered: 11/21/2016) 01/05/2017 25 ORDER granting 16 Motion to Dismiss. Signed by District Judge James D. Peterson on 1/5/2017. (jls) (Entered: 01/05/2017) 01/06/2017 26 JUDGMENT entered in favor of Defendant Navient Solutions, Inc. dismissing the case. (jls) (Entered: 01/06/2017) 02/03/2017 27 Disregard. Refiled as 28 . Modified on 2/6/2017. (lak) (Entered: 02/03/2017) 02/06/2017 28 AMENDED NOTICE OF APPEAL by Plaintiff Thomas Hassert as to 26 Judgment. Filing fee of $ 505, receipt number 0758-1964995 paid. No Docketing Statement filed. (Craig, Samantha) Modified on 2/6/2017. (lak) (Entered: 02/06/2017) 02/06/2017 29 Appeal Information Packet. (lak) (Entered: 02/06/2017) 2/6/2017 4:00 PM

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