Opinion
CIVIL 3:20-cv-00355-wmc
08-11-2021
Lako, Carson v. Portfolio Recovery Associates et al
Plaintiff Carson Lako represented by Briane F. Pagel, Jr. Lawton & Cates, SC LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Portfolio Recovery Associates represented by Manuel H Newburger Barron & Newburger, P.C. LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Rausch Sturm Israel Enerson & Hornik LLP represented by Manuel H Newburger LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed: 04/17/2020
Plaintiff Carson Lako represented by Briane F. Pagel, Jr. Lawton & Cates, SC LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Portfolio Recovery Associates represented by Manuel H Newburger Barron & Newburger, P.C. LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Rausch Sturm Israel Enerson & Hornik LLP represented by Manuel H Newburger LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen L. Crocker, Magistrate Judge
William M. Conley, District Judge
| Date Filed | # | Docket Text |
| 04/17/2020 | 1 | COMPLAINT against All Defendants. (Filing fee $ 400 receipt number 0758-2663319.), filed by Carson Lako. (Attachments: # 1 JS-44 Civil Cover Sheet, # 2 Summons, # 3 Summons) (Pagel, Briane) Modified on 4/20/2020: Plaintiff requested defendant PRA Associates. (lak) (Entered: 04/17/2020) |
| 04/20/2020 | Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (rks) (Entered: 04/20/2020) | |
| 04/20/2020 | Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement. (rks) (Entered: 04/20/2020) | |
| 04/20/2020 | 2 | Summons Issued as to Portfolio Recovery Associates et al. (Attachments: # 1 Summons Issued as to Rausch Sturm Israel Enerson & Hornik, LLP) (rks) (Entered: 04/20/2020) |
| 05/29/2020 | 3 | Summons Returned Executed. Rausch Sturm Israel Enerson & Hornik LLP served on 5/19/2020, answer due 6/9/2020. (Pagel, Briane) (Entered: 05/29/2020) |
| 06/09/2020 | 4 | Notice of Appearance filed by Manuel H Newburger for Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP. (Newburger, Manuel) (Entered: 06/09/2020) |
| 06/09/2020 | 5 | ANSWER by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP. (Attachments: # 1 Exhibit Letter from Synchrony Namk to Plaintiff dated July 28, 2017) (Newburger, Manuel) (Entered: 06/09/2020) |
| 06/09/2020 | 6 | Corporate Disclosure Statement by Defendant Portfolio Recovery Associates. (Newburger, Manuel) (Entered: 06/09/2020) |
| 06/09/2020 | 7 | Corporate Disclosure Statement by Defendant Rausch Sturm Israel Enerson & Hornik LLP. (Newburger, Manuel) (Entered: 06/09/2020) |
| 06/10/2020 | Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 7/8/2020 at 02:30 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] (rks) (Entered: 06/10/2020) | |
| 07/01/2020 | 8 | Joint Preliminary Pretrial Conference Report by Plaintiff Carson Lako (Pagel, Briane) (Entered: 07/01/2020) |
| 07/08/2020 | Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 7/8/2020 [:10] (cak) (Entered: 07/08/2020) | |
| 07/09/2020 | 9 | Pretrial Conference Order - Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Amendments to Pleadings due 8/21/2020. Dispositive Motions due 1/8/2021. Settlement Letters due 4/23/2021. Motions in Limine due 4/30/2021. Response to Motion due 5/14/2021. Final Pretrial Conference set for 5/25/2021 at 04:00 PM. Jury Selection and Trial set for 6/7/2021 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 7/9/2020. (jls) (Entered: 07/09/2020) |
| 01/08/2021 | 10 | Disregard. Modified on 1/8/2021. (lak) (Entered: 01/08/2021) |
| 01/08/2021 | 11 | Stipulation for Order of Litigation of Issues by Plaintiff Carson Lako. (Pagel, Briane) (Entered: 01/08/2021) |
| 01/08/2021 | 12 | MOTION FOR PARTIAL SUMMARY JUDGMENT by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP. Brief in Opposition due 1/29/2021. Brief in Reply due 2/8/2021. (Attachments: # 1 Text of Proposed Order) (Newburger, Manuel) Modified on 1/11/2021. (lak) (Entered: 01/08/2021) |
| 01/08/2021 | 13 | Declaration of Zachary McMullen filed by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP re: 12 Motion for Partial Summary Judgment, (Attachments: # 1 Exhibit 1 - Account Opening Screen, # 2 Exhibit 2 - Account Agreement, # 3 Exhibit 3 - Monthly Billing Statements, # 4 Exhibit 4 - Final Purchase Statement, # 5 Exhibit 5 - Sunchrony Right to Cure letter to Carson Lako dated 7/28/17, # 6 Exhibit 6 - Bill of Sale from Synchrony to PRA, # 7 Exhibit 7 - 10/31/2018 Letter from Synchrony to Carson Lako) (Newburger, Manuel) Modified on 1/11/2021. (lak) (Entered: 01/08/2021) |
| 01/08/2021 | 14 | Declaration of Paul H. Thielhelm filed by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP re: 12 Motion for Partial Summary Judgment, (Attachments: # 1 Exhibit A - Correspondence to Carson Lako from Rausch Sturm dated June 26, 2019, # 2 Exhibit B - State Court Summons and Complaint) (Newburger, Manuel) Modified on 1/11/2021. (lak) (Entered: 01/08/2021) |
| 01/08/2021 | 15 | Exhibit to 12 Motion for Partial Summary Judgment, filed by Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP. OCC Chief Counsel's Interpretation. (Newburger, Manuel) Modified on 1/11/2021. (lak) (Entered: 01/08/2021) |
| 01/08/2021 | 16 | Exhibit to 12 Motion for Partial Summary Judgment, filed by Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP. Exhibit 4 - State Court Dismissal Order (Newburger, Manuel) Modified on 1/11/2021. (lak) (Entered: 01/08/2021) |
| 01/08/2021 | 17 | Brief in Support of 12 Motion for Partial Summary Judgment, by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP. (Newburger, Manuel) Modified on 1/11/2021. (lak) (Entered: 01/08/2021) |
| 01/21/2021 | 18 | ** TEXT ONLY ORDER ** The court is in receipt of the parties' stipulation regarding order of litigation issues (dkt. 11), which the court will GRANT in part and DENY in part. Discovery and summary judgment as to the "right to cure" issues identified in the stipulation may proceed first; discovery and litigation as to the other issues are stayed until resolution of those issues. A zoom status conference will be held on April 7, 2021, at 10:00 a.m. to address any remaining issues. The court will not, however, preemptively authorize an interlocutory appeal by the losing party of the right to cure issue. Not only have the parties not provided any case law suggesting that such an appeal would be procedurally appropriate, but the very question is wholly premature. Signed by District Judge William M. Conley on 1/21/2021. (rks) (Entered: 01/21/2021) |
| 01/21/2021 | 19 | ** TEXT ONLY ORDER ** The court will hold a Status Conference on April 7, 2021 by Zoom video conference. The court will send invitations by email to counsel. All participants are reminded that video or audio recordings of the proceedings are strictly prohibited. Full guidelines governing access to court hearings can be found here. A guide to participating in Zoom video hearings can be found here. Public access to the video stream is available on YouTube. Signed by District Judge William M. Conley on 1/21/2021. (rks) (Entered: 01/21/2021) |
| 01/29/2021 | 20 | Brief in Opposition by Plaintiff Carson Lako re: 12 Motion for Partial Summary Judgment, filed by Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP. (Pagel, Briane) Modified on 2/1/2021: Plaintiff's motion for partial summary judgment filed? (lak) (Entered: 01/29/2021) |
| 01/29/2021 | 21 | Proposed Findings of Fact filed by Plaintiff Carson Lako re: 12 Motion for Partial Summary Judgment, (Pagel, Briane) (Entered: 01/29/2021) |
| 01/29/2021 | 22 | Declaration of Attorney Mai Chao Chang filed by Plaintiff Carson Lako re: 12 Motion for Partial Summary Judgment, (Attachments: # 1 Exhibit A(1) - Lako's Answer & Affirmative Defenses in State Court Small Claims Matter, # 2 Exhibit B(2) - Dane County Small Claims Docket Summary) (Pagel, Briane) Modified on 2/1/2021. (lak) (Entered: 01/29/2021) |
| 01/29/2021 | 23 | Affidavit of Carson Lako filed by Plaintiff Carson Lako re: 12 Motion for Partial Summary Judgment. (Pagel, Briane) Modified on 2/1/2021. (lak) (Entered: 01/29/2021) |
| 02/04/2021 | 24 | Proposed Findings of Fact filed by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP re: 12 Motion for Partial Summary Judgment, (Attachments: # 1 Cover Letter to the Court) (Newburger, Manuel) Modified on 2/8/2021. (lak) (Entered: 02/04/2021) |
| 02/05/2021 | 25 | Response to Proposed Findings of Fact filed by Plaintiff Carson Lako re: 12 Motion for Partial Summary Judgment. (Pagel, Briane) Modified on 2/8/2021. (lak) (Entered: 02/05/2021) |
| 02/08/2021 | 26 | Brief in Reply by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP in Support of 12 Motion for Partial Summary Judgment, (Attachments: # 1 Exhibit DFI Letter of August 31, 2018) (Newburger, Manuel) (Entered: 02/08/2021) |
| 02/08/2021 | 27 | Response to Proposed Findings of Fact filed by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP re: 12 Motion for Partial Summary Judgment, (Newburger, Manuel) (Entered: 02/08/2021) |
| 03/12/2021 | 28 | Notice of Supplemental Authority by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP re: 12 MOTION FOR PARTIAL SUMMARY JUDGMENT, (Attachments: # 1 Exhibit A - 7th Circuit Decision in Pennell v. Global Trust Mgmt.) (Newburger, Manuel) (Entered: 03/12/2021) |
| 03/25/2021 | 29 | Notice of Supplemental Authority by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP, (Attachments: # 1 Exhibit A - Decision in Kasten v. LVNV Funding) (Newburger, Manuel) (Entered: 03/25/2021) |
| 04/07/2021 | 30 | Minute Entry for proceedings held before District Judge William M. Conley: Status Conference held on 4/7/2021. [1:05] (Court Reporter JD) (arw) (Entered: 04/07/2021) |
| 04/08/2021 | 31 | ** TEXT ONLY ORDER ** As discussed at oral argument yesterday, plaintiff will be given the opportunity to address the issue of standing with respect to counts one and three on or before April 28, 2021, by briefing, amending his pleadings, or submission of further affidavits to support the existence of standing. Defendant then may have until May 12, 2021, to respond. Additionally, defendant may have until April 28, 2021, to submit further briefing regarding whether the notice-to-cure requirement Wisconsin Consumer Act ("WCA"), Wis.Stat. § 421, et seq., can be read to avoid the full reinstatement of delinquent, open-ended accounts, and plaintiff may have until May 12, 2021, to respond. Finally, in light of this adjusted briefing schedule, the remainder of the current trial schedule is struck. Once the court issues an order on the pending motion for partial summary judgment, the court will set a status conference to adopt a new trial date and reset the related schedule, as appropriate. Signed by District Judge William M. Conley on 4/8/2021. (rks) (Entered: 04/08/2021) |
| 04/28/2021 | 32 | Supplemental Brief in Support of 12 Motion for Partial Summary Judgment, by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP (Newburger, Manuel) (Entered: 04/28/2021) |
| 04/28/2021 | 33 | Supplemental Brief in Opposition by Plaintiff Carson Lako re: 12 Motion for Partial Summary Judgment, filed by Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP Plaintiff's Supplemental Brief on Standing (Pagel, Briane) (Entered: 04/28/2021) |
| 04/28/2021 | 34 | Supplemental Declaration of Attorney Briane F. Pagel filed by Plaintiff Carson Lako on Supplemental Brief on Standing re: 12 Motion for Partial Summary Judgment, (Attachments: # 1 Exhibit Fee Agreement) (Pagel, Briane) (Entered: 04/28/2021) |
| 05/12/2021 | 35 | Supplemental Brief in Reply by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP in Support of 12 Motion for Partial Summary Judgment, (Newburger, Manuel) (Entered: 05/12/2021) |
| 05/12/2021 | 36 | Brief in Opposition by Plaintiff Carson Lako re: 12 Motion for Partial Summary Judgment, filed by Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP (Pagel, Briane) (Entered: 05/12/2021) |
| 07/01/2021 | 37 | Notice of Supplemental Authority by Defendants Portfolio Recovery Associates, Rausch Sturm Israel Enerson & Hornik LLP re: 17 Brief in Support re: 12 Motion for Partial Summary Judgment, (Attachments: # 1 Exhibit A - Decision in Reyes v. N.A.R.) (Newburger, Manuel) Modified on 7/1/2021. (lak) (Entered: 07/01/2021) |
| 07/01/2021 | 38 | Response to Notice of Supplemental Authority by Plaintiff Carson Lako re: 37 Notice of Supplemental Authority. (Pagel, Briane) Modified on 7/2/2021. (lak) (Entered: 07/01/2021) |
| 08/04/2021 | 39 | ORDER granting 12 Motion for Partial Summary Judgment. Signed by District Judge William M. Conley on 8/4/2021. (rks) (Entered: 08/04/2021) |
| 08/11/2021 | 40 | NOTICE OF APPEAL - INTERLOCUTORY by Plaintiff Carson Lako as to 39 Order on Motion for Partial Summary Judgment. Filing fee of $ 505, receipt number 0758-2918802 paid. No Docketing Statement filed. (Pagel, Briane) (Entered: 08/11/2021) |
| 08/11/2021 | 41 | Appeal Information Packet. (lak) (Entered: 08/11/2021) |