Minnesota District Court
Judge:Donovan W Frank
Referred: Dulce J Foster
Case #: 0:24-cv-02051
Nature of Suit485 Other Statutes - Telephone Consumer Protection Act
Cause47:227 Restrictions of Use of Telephone Equipment
Case Filed:May 31, 2024
Last checked: Thursday Nov 28, 2024 2:23 AM CST
Defendant
Aptive Environmental LLC
Represented By
Sonia L Miller-Van Oort
Sapientia Law Group
contact info
Walter Charles Blackham
Mac Murray & Shuster
contact info
Lisa Messner
Mac Murray & Shuster LLP
contact info
Sheri Lillian Stewart
Sapientia Law Group
contact info
Plaintiff
Kristi VonDeylen
Represented By
Thomas J Lyons, Jr
Consumer Justice Center P.A.
contact info
Carter B Lyons
Consumer Justice Center P.A.
contact info

GPO Dec 09 2024
MEMORANDUM OPINION AND ORDER - Aptive's motion to compel arbitration and stay proceedings (Doc. No. 17) is respectfully DENIED. (Written Opinion) Signed by Judge Donovan W. Frank on 12/9/2024. (las)

Docket last updated: 8 hours ago
Monday, December 23, 2024
38 38 appeal USCA Case Number Mon 12/23 3:36 PM
USCA Case Number 24-3578 for35 Notice of Appeal to 8th Circuit filed by Aptive Environmental LLC. (MKB)
Related: [-]
37 37 misc Transcript Request Mon 12/23 11:46 AM
TRANSCRIPT REQUEST for a 30-Day Transcript for a COPY OF TRANSCRIPT 32 Motion Hearing, to Court Reporter Erin Drost. (Miller-Van Oort, Sonia)
Related: [-]
Thursday, December 19, 2024
36 36 appeal Transmission of Notice of Appeal and Docket Sheet to USCA Thu 12/19 12:45 PM
TRANSMITTAL OF INTERLOCULATORY APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit35 . (ACH)
Related: [-]
Wednesday, December 18, 2024
35 35 appeal Notice of Appeal to 8th Circuit Wed 12/18 2:41 PM
NOTICE OF APPEAL TO 8TH CIRCUIT as to33 Order on Motion to Compel Arbitration by Aptive Environmental LLC. Filing fee $ 605, receipt number AMNDC-11552799. (Messner, Lisa)
Related: [-]
Tuesday, December 10, 2024
34 34 order Order/Notice of Hearing/Deadlines (Setting/Resetting) Tue 12/10 9:12 AM
ORDER SETTING PRETRIAL SCHEDULING CONFERENCE: Rule 26 Meeting Report and Confidential Letters due by 1/17/2025 . Pretrial Scheduling Conference set for 1/27/2025 at 09:00 AM by Zoom video (no courtroom) before Magistrate Judge Dulce J. Foster. Signed by Magistrate Judge Dulce J. Foster on 12/10/2024.(LNP)
Related: [-]
Att: 1 Rule 26(f) Report Template,
Att: 2 Consent Form
Monday, December 09, 2024
33 33 9 pgs order Order on Motion to Compel Arbitration Mon 12/09 10:10 AM
MEMORANDUM OPINION AND ORDER - Aptive's motion to compel arbitration and stay proceedings (Doc. No.17 ) is respectfully DENIED. (Written Opinion) Signed by Judge Donovan W. Frank on 12/9/2024. (las)
Related: [-]
Friday, September 20, 2024
32 32 minutes Motion Hearing Fri 09/20 11:51 AM
Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 09/20/2024 re MOTION to Compel Arbitration filed by Aptive Environmental LLC. (Doc. No.17 ). Matter(s) taken under advisement; written order to issue. (Court Reporter Erin Drost) (las)
Related: [-]
Monday, September 16, 2024
31 31 notice Amended Notice of Hearing on Motion Mon 09/16 2:14 PM
TEXT ONLY AMENDED NOTICE of Location of Hearing on Motion:17 MOTION to Compel Arbitration . The Motion Hearing set for 9/20/2024 at 10:30 AM as originally scheduled will be in Courtroom 7C (STP) before Judge Donovan W. Frank. ***Courtroom 7C is on the 7th Floor*** (las)
Related: [-]
Thursday, September 12, 2024
30 30 order Order on Motion for Admission Pro Hac Vice Thu 09/12 4:14 PM
(Text-Only) ORDER granting29 Motion for Admission Pro Hac Vice of Attorney Walter Charles Blackham for Aptive Environmental LLC. Approved by Magistrate Judge Dulce J. Foster on 9/12/2024. (CNO)
Related: [-]
Tuesday, September 10, 2024
29 29 motion Pro Hac Vice Tue 09/10 12:02 PM
MOTION for Admission Pro Hac Vice for Attorney Walter Blackham. Filing fee $ 100, receipt number AMNDC-11342755 filed by Aptive Environmental LLC. (Miller-Van Oort, Sonia)
Related: [-]
28 28 notice Amended Notice of Hearing on Motion Tue 09/10 11:04 AM
TEXT ONLY AMENDED NOTICE of Hearing on Motion re:17 MOTION to Compel Arbitration . Motion Hearing set for 9/20/2024 at 10:30 AM will now be held in Courtroom 3B (STP) before Judge Donovan W. Frank. ***Courtroom 3B is on the third floor*** (las)
Related: [-]
Tuesday, September 03, 2024
27 27 motion Pro Hac Vice Tue 09/03 3:13 PM
MOTION for Admission Pro Hac Vice for Attorney Walter Blackham. Filing fee $ 100, receipt number AMNDC-11324401 filed by Aptive Environmental LLC. (Miller-Van Oort, Sonia)
Related: [-]
26 26 5 pgs respm Memorandum in Support of Motion Tue 09/03 2:59 PM
MEMORANDUM in Support re17 MOTION to Compel Arbitration filed by Aptive Environmental LLC.(Messner, Lisa)
Related: [-]
Att: 1 LR7.1/LR72.2 Word Count Compliance Certificate Attachment 1 - LR7.1 Word Count Compliance Certificate
Tuesday, August 20, 2024
25 25 respm Proposed Order to Judge re Motion Tue 08/20 9:35 AM
PROPOSED ORDER TO JUDGE re17 MOTION to Compel Arbitration filed by Kristi VonDeylen.(Lyons, Thomas)
Related: [-]
24 24 9 pgs respm Memorandum in Opposition to Motion Tue 08/20 9:35 AM
MEMORANDUM in Opposition re17 MOTION to Compel Arbitration filed by Kristi VonDeylen.(Lyons, Thomas)
Related: [-]
Att: 1 LR7.1/LR72.2 Word Count Compliance Certificate
Tuesday, August 06, 2024
23 23 order Order/Notice to Attorney Tue 08/06 3:41 PM
(Text-Only) ORDER/NOTICE: Due to the pending Motion to Compel Arbitration and to Stay Proceedings Pending Arbitration (ECF No.17 ), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Dulce J. Foster on 8/6/2024.(LNP)
Related: [-]
Tuesday, July 30, 2024
22 22 misc Proposed Order to Judge - Other Tue 07/30 1:32 PM
PROPOSED ORDER TO JUDGE re17 Motion to Compel Arbitration. (Messner, Lisa)
Related: [-]
21 21 notice Notice of Hearing on Motion Tue 07/30 1:30 PM
NOTICE OF HEARING ON MOTION17 MOTION to Compel Arbitration : Motion Hearing set for 9/20/2024 at 10:30 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Messner, Lisa)
Related: [-]
20 20 misc Meet and Confer Statement Tue 07/30 1:28 PM
MEET and CONFER STATEMENT re17 Motion to Compel Arbitration filed by Aptive Environmental LLC.(Messner, Lisa)
Related: [-]
19 19 respm Exhibit (Motions and Related Filings) Tue 07/30 1:26 PM
EXHIBIT Exhibit List re18 Memorandum in Support of Motion filed by Aptive Environmental LLC.(Messner, Lisa)
Related: [-]
Att: 1 Exhibit(s) Wilcox Declaration,
Att: 2 Exhibit(s) A - Service Agreement
18 18 12 pgs respm Memorandum in Support of Motion Tue 07/30 1:20 PM
MEMORANDUM in Support re17 MOTION to Compel Arbitration and to Stay Proceedings Pending Arbitration filed by Aptive Environmental LLC.(Messner, Lisa)
Related: [-]
Att: 1 LR7.1/LR72.2 Word Count Compliance Certificate
17 17 motion Compel Arbitration Tue 07/30 12:40 PM
MOTION to Compel Arbitration filed by Aptive Environmental LLC. (Messner, Lisa)
Related: [-]
Wednesday, July 24, 2024
16 16 misc Letter re: Withdrawal of Motion Wed 07/24 4:20 PM
Letter re: withdrawal of motion re7 MOTION to Compel Arbitration and to Stay Proceedings Pending Arbitration . (Miller-Van Oort, Sonia)
Related: [-]
Tuesday, July 16, 2024
15 15 cmp Amended Complaint Tue 07/16 8:23 AM
AMENDED COMPLAINT (Class Action) with Jury Trial Demanded against Aptive Environmental LLC. filed by Kristi VonDeylen. No summons requested. (Lyons, Thomas)
Related: [-]
Thursday, June 27, 2024
14 14 order Order on Motion for Admission Pro Hac Vice Thu 06/27 8:55 AM
(Text-Only) ORDER granting6 Motion for Admission Pro Hac Vice of Attorney Lisa Messner for Aptive Environmental LLC. Approved by Magistrate Judge Dulce J. Foster on 6/27/2024. (jam)
Related: [-]
Wednesday, June 26, 2024
13 13 order Order/Notice to Attorney Wed 06/26 9:35 AM
(Text-Only) ORDER/NOTICE: Due to the pending Motion to Compel Arbitration and to Stay Proceedings (ECF No.7 ), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Dulce J. Foster on 6/26/2024.(LNP)
Related: [-]
Tuesday, June 25, 2024
12 12 respm Proposed Order to Judge re Motion Tue 06/25 3:46 PM
PROPOSED ORDER TO JUDGE re7 MOTION to Compel Arbitration and to Stay Proceedings Pending Arbitration filed by Aptive Environmental LLC.(Miller-Van Oort, Sonia)
Related: [-]
11 11 misc Meet and Confer Statement Tue 06/25 3:45 PM
MEET and CONFER STATEMENT re7 Motion to Compel Arbitration filed by Aptive Environmental LLC.(Miller-Van Oort, Sonia)
Related: [-]
10 10 respm Declaration in Support of Motion Tue 06/25 3:43 PM
Declaration of Nathan B. Wilcox in Support of7 MOTION to Compel Arbitration and to Stay Proceedings Pending Arbitration filed by Aptive Environmental LLC.(Miller-Van Oort, Sonia)
Related: [-]
Att: 1 Exhibit(s) A
9 9 11 pgs respm Memorandum in Support of Motion Tue 06/25 3:41 PM
MEMORANDUM in Support re7 MOTION to Compel Arbitration and to Stay Proceedings Pending Arbitration filed by Aptive Environmental LLC.(Miller-Van Oort, Sonia)
Related: [-]
Att: 1 LR7.1/LR72.2 Word Count Compliance Certificate
8 8 notice Notice of Hearing on Motion Tue 06/25 3:39 PM
NOTICE OF HEARING ON MOTION7 MOTION to Compel Arbitration and to Stay Proceedings Pending Arbitration : Motion Hearing set for 8/23/2024 at 10:30 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Miller-Van Oort, Sonia)
Related: [-]
7 7 motion Compel Arbitration Tue 06/25 3:37 PM
MOTION to Compel Arbitration and to Stay Proceedings Pending Arbitration filed by Aptive Environmental LLC. (Miller-Van Oort, Sonia)
Related: [-]
6 6 motion Pro Hac Vice Tue 06/25 2:48 PM
MOTION for Admission Pro Hac Vice for Attorney Lisa Messner. Filing fee $ 100, receipt number AMNDC-11153192 filed by Aptive Environmental LLC. (Miller-Van Oort, Sonia)
Related: [-]
Monday, June 24, 2024
5 5 notice Notice of Appearance Mon 06/24 2:44 PM
NOTICE of Appearance by Sonia L Miller-Van Oort on behalf of Aptive Environmental LLC. (Miller-Van Oort, Sonia)
Related: [-]
Tuesday, June 11, 2024
4 4 service Summons Returned Executed Tue 06/11 1:20 PM
SUMMONS Returned Executed by Kristi VonDeylen. Aptive Environmental LLC served on 6/4/2024, answer due 6/25/2024. (Lyons, Thomas)
Related: [-]
Friday, May 31, 2024
3 3 service Summons Issued Fri 05/31 12:37 PM
Summons Issued as to Aptive Environmental LLC. (MMP)
Related: [-]
2 2 notice Notice of Initial Case Assignment Fri 05/31 12:36 PM
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Donovan W. Frank per 3rd/4th Master list, referred to Magistrate Judge Dulce J. Foster. Please use case number 24-cv-2051 (DWF/DJF). Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MMP)
Related: [-]
1 1 18 pgs cmp Complaint Fri 05/31 12:29 PM
COMPLAINT (Class Action) against Aptive Environmental LLC (filing fee $ 405, receipt number AMNDC-11086377) filed by Kristi VonDeylen. Filer requests summons issued. (Lyons, Thomas)
Related: [-]
Att: 1 Civil Cover Sheet