Nature of Litigation Sample Clauses

Nature of Litigation. Plaintiff filed a lawsuit against Defendant, which is pending in the United States District Court for the Northern District of Ohio, No. 1:16-cv-01102 (the “Litigation”). Plaintiff alleges in the Litigation that Defendant violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, by making calls to the cellular telephone numbers of a nationwide class of individuals using an automatic telephone dialing system or an artificial or prerecorded voice, without prior express consent.
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Nature of Litigation. In this lawsuit, captioned Xxxxxxxx Xxxxxxx x. Xxxxxxxx Roofing, LLC, United States District Court, Northern District of Illinois, Eastern Division, docket number 19 C 7139, (the “Litigation”), Plaintiff alleges that Defendants violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”), and the Illinois Consumer Fraud Act, 815 ILCS 505/2 (“ICFA”) by causing autodialed calls to be placed to the cell phones of plaintiff and a nationwide class of individuals and entities.
Nature of Litigation. On January 17, 2018, Plaintiff, individually and on behalf of a class, filed this lawsuit. [Doc. 1.] The Litigation alleges ERC violated the Fair Debt Collection 1 All capitalized terms in this Agreement shall have the meanings and definitions set forth herein. Practices Act (FDCPA), 15 U.S.C. § 1692, et seq. by mailing Plaintiff a letter which, by its terms, only described a debt ERC sought to collect and failed to “clearly and accurately” disclose the name of the creditor to whom the debt was then owed in satisfaction § 1692g(a)(2). Id. On February 12, 2018, ERC filed an Answer denying all liability to the Plaintiff and Class Members and asserting numerous Affirmative Defenses. [Doc. 5.] Thereafter, the Court conducted a Rule 16 Conference and the Parties each served and responded to written discovery and conducted depositions. The Court’s docket reflects the Litigation was heavily contested. On May 30, 2018, Plaintiff filed a Motion for Class Certification, which ERC opposed. [Docs. 14 and 21.] On October 24, 2018, the Court granted Plaintiff’s motion and certified the following litigation class pursuant to Fed. R. Civ. P. 23(b)(3), which consists of 1,692 members: All persons with addresses in the State of Wisconsin to whom Enhanced Recovery Company, LLC mailed an initial written communication to collecta debt between January 17, 2017 and February 7, 2018, which was not returned as undeliverable, and which stated “[y]our recently disconnected Time Warner Cable account has been forwarded to us to assist you in the resolution of your balance due.” [Doc. 28.] On November 16, 2018, Plaintiff filed a Motion to Approve the Form and Method of Notice to Class Members [Doc. 29], which the Court granted on November 19, 2018. [Doc. 31.] The court-appointed class administrator, Xxxxxxx Claims Group (“Administrator”), established a toll-free telephone number and website for Class Member inquiries and, on January 16, 2019, served the Court’s approved Notice of Pendency of Class Action to Class Members; only two Class Members sought exclusion by the Court’s deadline. [Doc. 76.] On March 19, 2019, the Court granted the Parties’ Joint Motion to Stay Proceedings [Doc. 41] pending the Seventh Circuit’s resolution of two certified class cases involving similar issues—Xxxxx x. XXXX Associates, Inc., No. 18-3350 and Xxxxxxx v. Client Services, Inc., E.D. Wis. Case No. 19-1491. On June 6, 2019, the Seventh Circuit issued a decision in Xxxxx, 926 F.3d 377 (7th Cir. 2019) whic...
Nature of Litigation. On February 1, 2014 Plaintiff filed a class action in this court, alleging that Defendant violated the Truth in Lending Act.
Nature of Litigation. In or about September 2000, a judgment was entered in favor of CNC Associates, Inc. (“CNC”) and against the Company in the aggregate amount of $350,883.67, in the Superior Court of Ventura County, California.
Nature of Litigation. This case arose out of equipment leases which the Company had with the plaintiff GATX Technology Services Corporation (“GATX”). GATX alleged that the Company defaulted in its payments under the equipment leases. GATX further alleged that the Company defaulted under a letter agreement dated August 27, 2000, whereby the Company agreed to pay GATX the principal sum of $106,666.00.
Nature of Litigation. This is a suit under an equipment lease, in which the plaintiff The CIT Group/Equipment Financing, Inc. (“CIT”), alleged it was owed the principal amount of $43,784.01 plus interest, costs and attorneys’ fees.
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Nature of Litigation. This case involves a claim by Florida Industrial Products, Inc. (“FIP”), alleging that the Company failed to pay for materials purchased from FIP on credit.
Nature of Litigation. We understand that judgment may have been entered against the Company in or about May, 2001, in the principal amount of $1,121.45, plus attorneys’ fees and costs.
Nature of Litigation. Although our law firm did not handle this matter, it is our understanding that a Final Judgment was entered against the Company in this matter in the approximate amount of $14,000.00.
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