This case was last updated from PACER on 01/20/2020 at 22:40:19 (UTC).

Lorenzen v. Transworld Systems - National Debt Collection Company et al

Case Summary

On 02/27/2018 Lorenzen filed a Finance - Consumer Credit lawsuit against Transworld Systems - National Debt Collection Company. This case was filed in U.S. District Courts, Illinois Central District. The Judges overseeing this case are James E. Shadid, Jonathan E. Hawley and Sara Darrow. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-01087

  • Filing Date:

    02/27/2018

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Finance - Consumer Credit

  • Court:

    U.S. District Courts

  • Courthouse:

    Illinois Central District

Judge Details

Referral Judge

Jonathan E. Hawley

Presiding Judges

James E. Shadid

Sara Darrow

 

Party Details

Plaintiff

Rhanda Lorenzen

Defendants

Transworld Systems - National Debt Collection Company

Credit One Bank, N.A.

Attorney/Law Firm Details

Plaintiff Attorney

David Ali Chami

Attorney at PRICE LAW GROUP, APC.

8245 North 85Th Way

Scottsdale, AZ 85258

Defendant Attorneys

Daniel W Pisani

Attorney at SESSIONS FISHMAN NATHAN & ISRAEL LLP

Suite 3550, 141 W Jackson Blvd

Chicago, IL 60604

Morgan Ian Marcus

Attorney at SESSIONS FISHMAN NATHAN & ISRAEL LLP

Suite 3550, 141 W Jackson Blvd

Chicago, IL 60604

Andrew Edward Cunningham

Attorney at SESSIONS FISHMAN NATHAN & ISRAEL LLP

Suite 3550, 141 W Jackson Blvd

Chicago, IL 60604

Timothy R Carwinski

Attorney at REED SMITH LLP

40Th Floor, 10 South Wacker Drive

Chicago, IL 60606

 

Court Documents

#22

(#22) STIPULATION of Dismissal with Prejudice by Rhanda Lorenzen. (Chami, David) (Entered: 10/10/2019)

#21

(#21) STATUS REPORT Joint Report by both Parties by Rhanda Lorenzen. (Chami, David) (Entered: 06/20/2019)

#20

(#20) STATUS REPORT by Rhanda Lorenzen. (Chami, David) (Entered: 12/20/2018)

19 #1

Text of Proposed Order

#19

(#19) Amended MOTION to Dismiss WITHOUT PREJUDICE, Transworld Systems-National Debt Collection Company by Plaintiff Rhanda Lorenzen. Responses due by 8/29/2018 (Attachments: #1 Text of Proposed Order)(Chami, David) (Entered: 08/15/2018)

18 #1

Text of Proposed Order

#18

TEXT ORDER entered by Judge Sara Darrow on August 14, 2018. Plaintiff Lorenzen filed a #18 Motion for Voluntary Dismissal Without Prejudice. In violation of this Court's Local Rule 5.3(C), the #18 motion does not contain a certificate of service, which is required even when a party files a document electronically. Accordingly, Lorenzen is DIRECTED to file a certificate of service with respect to the #18 motion that "state[s] the manner in which service or notice was accomplished on each party entitled to service or notice" by August 17, 2018. (KML, ilcd) (Entered: 08/14/2018)

#17

TEXT ORDER entered by Judge Sara Darrow on August 31, 2018. This litigation is stayed in its entirety. See #17 at 2. The litigation between Plaintiff Lorenzen and Defendant Credit One Bank, N.A ("Credit One"), is stayed pursuant to Section 3 of the Federal Arbitration Act, 9 U.S.C. 1-307, while the litigation between Lorenzen and Defendant Transworld Systems - National Debt Collection Company ("Transworld") is stayed at the Court's discretion. See #17 at 2. Lorenzen filed an #19 Amended Motion for Voluntary Dismissal Without Prejudice, which moves the Court to dismiss her claims against Transworld "voluntarily without prejudice." The #19 motion, which is unopposed, does not indicate on which procedural mechanism it relies. Federal Rule of Civil Procedure 41(a)(2) provides that "[e]xcept as provided in Rule 41(a)(1) [which permits dismissal by the plaintiff without a court order], an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." As Lorenzen seeks a court order and because Transworld filed an #13 Answer, which precludes Lorenzen from proceeding under Rule 41(a)(1)(A)(i), the Court assumes the request is made pursuant to Rule 41(a)(2). The problem with this request is that "Rule 41(a) should be limited to dismissal of an entire action." Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015). Lorenzen seeks to dismiss one defendant from a multi-defendant suit and therefore Rule 41(a)(2) is not the proper procedural mechanism. The Seventh Circuit suggests construing a Rule 41(a) request seeking dismissal of less than the entire action as a motion to amend the complaint under Rule 15(a)(2). Id. at 858. Rule 15(a)(2) allows a court to give a party leave to amend its complaint and provides that such leave should be "freely give[n]... when justice so requires." Accordingly, the Court construes the #19 motion as a motion to amend the #1 Complaint to drop the claims against Transworld. The Court hereby lifts the stay between Lorenzen and Transworld and GRANTS the #19 motion. Lorenzen's claims against Transworld are dismissed without prejudice and the Clerk is directed to terminate Transworld as a defendant in this matter. In light of the filing of the #19 amended motion to dismiss, the #18 original motion to dismiss is MOOT. The stay in the litigation between Lorenzen and Credit One remains pursuant to 9 U.S.C. 3. (KML, ilcd) (Entered: 08/31/2018)

#13

TEXT ORDER entered by Judge Sara Darrow on August 31, 2018. This litigation is stayed in its entirety. See #17 at 2. The litigation between Plaintiff Lorenzen and Defendant Credit One Bank, N.A ("Credit One"), is stayed pursuant to Section 3 of the Federal Arbitration Act, 9 U.S.C. 1-307, while the litigation between Lorenzen and Defendant Transworld Systems - National Debt Collection Company ("Transworld") is stayed at the Court's discretion. See #17 at 2. Lorenzen filed an #19 Amended Motion for Voluntary Dismissal Without Prejudice, which moves the Court to dismiss her claims against Transworld "voluntarily without prejudice." The #19 motion, which is unopposed, does not indicate on which procedural mechanism it relies. Federal Rule of Civil Procedure 41(a)(2) provides that "[e]xcept as provided in Rule 41(a)(1) [which permits dismissal by the plaintiff without a court order], an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." As Lorenzen seeks a court order and because Transworld filed an #13 Answer, which precludes Lorenzen from proceeding under Rule 41(a)(1)(A)(i), the Court assumes the request is made pursuant to Rule 41(a)(2). The problem with this request is that "Rule 41(a) should be limited to dismissal of an entire action." Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015). Lorenzen seeks to dismiss one defendant from a multi-defendant suit and therefore Rule 41(a)(2) is not the proper procedural mechanism. The Seventh Circuit suggests construing a Rule 41(a) request seeking dismissal of less than the entire action as a motion to amend the complaint under Rule 15(a)(2). Id. at 858. Rule 15(a)(2) allows a court to give a party leave to amend its complaint and provides that such leave should be "freely give[n]... when justice so requires." Accordingly, the Court construes the #19 motion as a motion to amend the #1 Complaint to drop the claims against Transworld. The Court hereby lifts the stay between Lorenzen and Transworld and GRANTS the #19 motion. Lorenzen's claims against Transworld are dismissed without prejudice and the Clerk is directed to terminate Transworld as a defendant in this matter. In light of the filing of the #19 amended motion to dismiss, the #18 original motion to dismiss is MOOT. The stay in the litigation between Lorenzen and Credit One remains pursuant to 9 U.S.C. 3. (KML, ilcd) (Entered: 08/31/2018)

#6

(#6) NOTICE of Appearance of Attorney by Morgan Ian Marcus on behalf of Transworld Systems - National Debt Collection Company (Marcus, Morgan) (Entered: 03/23/2018)

#5

RESTRICTED

#4

RESTRICTED

#3

RESTRICTED

#2

RESTRICTED

1 #3

Summons for Transworld Systems

1 #2

Summons for Credit One

1 #1

Civil Cover Sheet

#1

TEXT ORDER entered by Judge Sara Darrow on August 31, 2018. This litigation is stayed in its entirety. See #17 at 2. The litigation between Plaintiff Lorenzen and Defendant Credit One Bank, N.A ("Credit One"), is stayed pursuant to Section 3 of the Federal Arbitration Act, 9 U.S.C. 1-307, while the litigation between Lorenzen and Defendant Transworld Systems - National Debt Collection Company ("Transworld") is stayed at the Court's discretion. See #17 at 2. Lorenzen filed an #19 Amended Motion for Voluntary Dismissal Without Prejudice, which moves the Court to dismiss her claims against Transworld "voluntarily without prejudice." The #19 motion, which is unopposed, does not indicate on which procedural mechanism it relies. Federal Rule of Civil Procedure 41(a)(2) provides that "[e]xcept as provided in Rule 41(a)(1) [which permits dismissal by the plaintiff without a court order], an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." As Lorenzen seeks a court order and because Transworld filed an #13 Answer, which precludes Lorenzen from proceeding under Rule 41(a)(1)(A)(i), the Court assumes the request is made pursuant to Rule 41(a)(2). The problem with this request is that "Rule 41(a) should be limited to dismissal of an entire action." Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015). Lorenzen seeks to dismiss one defendant from a multi-defendant suit and therefore Rule 41(a)(2) is not the proper procedural mechanism. The Seventh Circuit suggests construing a Rule 41(a) request seeking dismissal of less than the entire action as a motion to amend the complaint under Rule 15(a)(2). Id. at 858. Rule 15(a)(2) allows a court to give a party leave to amend its complaint and provides that such leave should be "freely give[n]... when justice so requires." Accordingly, the Court construes the #19 motion as a motion to amend the #1 Complaint to drop the claims against Transworld. The Court hereby lifts the stay between Lorenzen and Transworld and GRANTS the #19 motion. Lorenzen's claims against Transworld are dismissed without prejudice and the Clerk is directed to terminate Transworld as a defendant in this matter. In light of the filing of the #19 amended motion to dismiss, the #18 original motion to dismiss is MOOT. The stay in the litigation between Lorenzen and Credit One remains pursuant to 9 U.S.C. 3. (KML, ilcd) (Entered: 08/31/2018)

20 More Documents Available

 

Docket Entries

  • 10/15/2019
  • Remark: Case closed pursuant to Stipulation. (ED, ilcd) (Entered: 10/15/2019)

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  • 10/10/2019
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  • (#22) STIPULATION of Dismissal with Prejudice by Rhanda Lorenzen. (Chami, David) (Entered: 10/10/2019)

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  • 06/20/2019
  • Set/Reset Deadlines: Status Report due by 12/20/2019 per 2/6/19 Text Order. (WG, ilcd) (Entered: 10/02/2019)

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  • 06/20/2019
  • Remark: The 6/20/2019 docket entry was returned as an undeliverable email address as to Dan Pisani. Attorney Dan Pisani email account disabled, as he is no longer with Sessions, Fishman, Nathan & Israel. (LN, ilcd) (Entered: 06/20/2019)

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  • 06/20/2019
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  • (#21) STATUS REPORT Joint Report by both Parties by Rhanda Lorenzen. (Chami, David) (Entered: 06/20/2019)

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  • 02/06/2019
  • TEXT ORDER entered by Judge Sara Darrow on February 6, 2019. Lorenzen and Credit One are directed to provide a status report by June 20, 2019, and every six months thereafter until the stay is lifted. (HR, ilcd) (Entered: 02/06/2019)

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  • 12/20/2018
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  • (#20) STATUS REPORT by Rhanda Lorenzen. (Chami, David) (Entered: 12/20/2018)

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  • 08/31/2018
  • View Court Documents
  • TEXT ORDER entered by Judge Sara Darrow on August 31, 2018. This litigation is stayed in its entirety. See #17 at 2. The litigation between Plaintiff Lorenzen and Defendant Credit One Bank, N.A ("Credit One"), is stayed pursuant to Section 3 of the Federal Arbitration Act, 9 U.S.C. 1-307, while the litigation between Lorenzen and Defendant Transworld Systems - National Debt Collection Company ("Transworld") is stayed at the Court's discretion. See #17 at 2. Lorenzen filed an #19 Amended Motion for Voluntary Dismissal Without Prejudice, which moves the Court to dismiss her claims against Transworld "voluntarily without prejudice." The #19 motion, which is unopposed, does not indicate on which procedural mechanism it relies. Federal Rule of Civil Procedure 41(a)(2) provides that "[e]xcept as provided in Rule 41(a)(1) [which permits dismissal by the plaintiff without a court order], an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." As Lorenzen seeks a court order and because Transworld filed an #13 Answer, which precludes Lorenzen from proceeding under Rule 41(a)(1)(A)(i), the Court assumes the request is made pursuant to Rule 41(a)(2). The problem with this request is that "Rule 41(a) should be limited to dismissal of an entire action." Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015). Lorenzen seeks to dismiss one defendant from a multi-defendant suit and therefore Rule 41(a)(2) is not the proper procedural mechanism. The Seventh Circuit suggests construing a Rule 41(a) request seeking dismissal of less than the entire action as a motion to amend the complaint under Rule 15(a)(2). Id. at 858. Rule 15(a)(2) allows a court to give a party leave to amend its complaint and provides that such leave should be "freely give[n]... when justice so requires." Accordingly, the Court construes the #19 motion as a motion to amend the #1 Complaint to drop the claims against Transworld. The Court hereby lifts the stay between Lorenzen and Transworld and GRANTS the #19 motion. Lorenzen's claims against Transworld are dismissed without prejudice and the Clerk is directed to terminate Transworld as a defendant in this matter. In light of the filing of the #19 amended motion to dismiss, the #18 original motion to dismiss is MOOT. The stay in the litigation between Lorenzen and Credit One remains pursuant to 9 U.S.C. 3. (KML, ilcd) (Entered: 08/31/2018)

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  • 08/15/2018
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  • (#19) Amended MOTION to Dismiss WITHOUT PREJUDICE, Transworld Systems-National Debt Collection Company by Plaintiff Rhanda Lorenzen. Responses due by 8/29/2018 (Attachments: #1 Text of Proposed Order)(Chami, David) (Entered: 08/15/2018)

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  • 08/14/2018
  • View Court Documents
  • TEXT ORDER entered by Judge Sara Darrow on August 14, 2018. Plaintiff Lorenzen filed a #18 Motion for Voluntary Dismissal Without Prejudice. In violation of this Court's Local Rule 5.3(C), the #18 motion does not contain a certificate of service, which is required even when a party files a document electronically. Accordingly, Lorenzen is DIRECTED to file a certificate of service with respect to the #18 motion that "state[s] the manner in which service or notice was accomplished on each party entitled to service or notice" by August 17, 2018. (KML, ilcd) (Entered: 08/14/2018)

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13 More Docket Entries
  • 03/23/2018
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  • (#9) CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Transworld Systems - National Debt Collection Company. (Pisani, Daniel) (Entered: 03/23/2018)

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  • 03/23/2018
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  • (#8) MOTION for Extension of Time to File Answer unopposed by Defendant Transworld Systems - National Debt Collection Company. Responses due by 4/6/2018 (Pisani, Daniel) (Entered: 03/23/2018)

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  • 03/23/2018
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  • (#7) NOTICE of Appearance of Attorney by Daniel W Pisani on behalf of Transworld Systems - National Debt Collection Company (Pisani, Daniel) (Entered: 03/23/2018)

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  • 03/23/2018
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  • (#6) NOTICE of Appearance of Attorney by Morgan Ian Marcus on behalf of Transworld Systems - National Debt Collection Company (Marcus, Morgan) (Entered: 03/23/2018)

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  • 03/22/2018
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  • (#5) Return of Service Executed by Rhanda Lorenzen as to Transworld Systems - National Debt Collection Company 3/20/2018. (Chami, David) (Entered: 03/22/2018)

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  • 03/20/2018
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  • (#4) SUMMONS Returned Executed by Rhanda Lorenzen. Credit One Bank, N.A. served on 3/12/2018, answer due 4/2/2018. (Chami, David) (Entered: 03/20/2018)

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  • 03/05/2018
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  • (#3) SUMMONS Returned Executed by Rhanda Lorenzen. Transworld Systems - National Debt Collection Company served on 3/2/2018, answer due 3/23/2018. (Chami, David) (Entered: 03/05/2018)

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  • 02/28/2018
  • TEXT ORDER: The Plaintiff has filed a Complaint, but it appears the Complaint should have been filed in the Rock Island Division of the United States District Court for the Central District of Illinois. The Complaint provides that the Plaintiff resides in Princeton, Bureau County, Illinois and that the Defendants are attempting to collect a debt from her. Bureau County is in the Rock Island Division. Accordingly, the Clerk is directed to transfer this case to the Rock Island Division. See Local Rule 40.1 ("All complaints and subsequent filings in cases which arise from the following counties: Bureau... will be filed at ROCK ISLAND, ILLINOIS"). Entered by Magistrate Judge Jonathan E. Hawley on 2/28/2018. (KZ, ilcd) (Entered: 02/28/2018)

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  • 02/28/2018
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  • (#2) Summons Issued as to Credit One Bank, N.A., Transworld Systems - National Debt Collection Company. (SAG, ilcd) (Entered: 02/28/2018)

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  • 02/27/2018
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  • (#1) COMPLAINT against Credit One Bank, N.A., Transworld Systems - National Debt Collection Company ( Filing fee $ 400 receipt number 0753-2780981.), filed by Rhanda Lorenzen. (Attachments: #1 Civil Cover Sheet, #2 Summons for Credit One, #3 Summons for Transworld Systems)(Chami, David) (Entered: 02/27/2018)

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