Case: Ford v. Veterans Guardian VA Claim Consulting, LLC

COMPLAINT- Class Action, Demand for Jury Trial against VETERANS GUARDIAN VA CLAIM CONSULTING, LLC ( Filing fee $ 402 receipt number ANCMDC-3644277.), filed by JENNIFER FORD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(OSTERWISE, JEFFREY) Modified on 9/1/2023 to complete caption. (Bowers, Alexis) (Entered: 09/01/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Civil Cover Sheet

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Case Referred to Mediation

Case Assigned

Case ASSIGNED to JUDGE THOMAS D. SCHROEDER and MAG/JUDGE L. PATRICK AULD. (Bowers, Alexis)

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Bowers, Alexis)

Summons Issued as to VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (Bowers, Alexis) (Entered: 09/08/2023)

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form) (Bowers, Alexis) (Entered: 09/08/2023)

NOTICE of Attorney Appearance by attorney DUSTIN TIMOTHY GREENE on behalf of Defendant VETERANS GUARDIAN VA CLAIM CONSULTING, LLC (GREENE, DUSTIN) (Entered: 09/08/2023)

NOTICE of Attorney Appearance by attorney WHITNEY R. PAKALKA on behalf of Defendant VETERANS GUARDIAN VA CLAIM CONSULTING, LLC (PAKALKA, WHITNEY) (Entered: 09/08/2023)

NOTICE of Attorney Appearance by attorney ELIZABETH L. WINTERS on behalf of Defendant VETERANS GUARDIAN VA CLAIM CONSULTING, LLC (WINTERS, ELIZABETH) (Entered: 09/08/2023)

NOTICE of Special Appearance by attorney BRIAN WARWICK on behalf of Plaintiff JENNIFER FORD ( Filing fee $ 25 receipt number ANCMDC-3652416.) (WARWICK, BRIAN) (Entered: 09/14/2023)

NOTICE of Special Appearance by attorney CHRISTOPHER BROCHU on behalf of Plaintiff JENNIFER FORD ( Filing fee $ 25 receipt number ANCMDC-3652469.) (BROCHU, CHRISTOPHER) (Entered: 09/14/2023)

NOTICE of Special Appearance by attorney JANET R VARNELL on behalf of Plaintiff JENNIFER FORD ( Filing fee $ 25 receipt number ANCMDC-3652611.) (VARNELL, JANET) (Entered: 09/15/2023)

NOTICE of Special Appearance by attorney ANTHONY T. PIERCE on behalf of Defendant VETERANS GUARDIAN VA CLAIM CONSULTING, LLC ( Filing fee $ 25 receipt number ANCMDC-3655513.) (PIERCE, ANTHONY) (Entered: 09/19/2023)

NOTICE of Special Appearance by attorney CAROLINE LEWIS WOLVERTON on behalf of Defendant VETERANS GUARDIAN VA CLAIM CONSULTING, LLC ( Filing fee $ 25 receipt number ANCMDC-3655517.) (WOLVERTON, CAROLINE) (Entered: 09/19/2023)

SUMMONS Returned Executed by JENNIFER FORD as to VETERANS GUARDIAN VA CLAIM CONSULTING, LLC served on 9/19/2023, answer due 10/10/2023. (OSTERWISE, JEFFREY) (Entered: 09/21/2023)

Corporate Disclosure Statement. (GREENE, DUSTIN) (Entered: 09/26/2023)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (Attachments: # 1 Exhibit Proposed Order)(GREENE, DUSTIN) (Entered: 09/29/2023)

NOTICE of Special Appearance by attorney SHANON JUDE CARSON on behalf of Plaintiff JENNIFER FORD ( Filing fee $ 25 receipt number ANCMDC-3666861.) (CARSON, SHANON) (Entered: 10/05/2023)

Motions Referred

Order on Motion for Extension of Time to Answer

Motion Referred: RE: 14 Consent MOTION for Extension of Time to File Answer re 1 Complaint,, to MAG/JUDGE L. PATRICK AULD. (Marsh, Keah)

TEXT ORDER granting 14 Consent Motion for Extension of Time. Defendant shall answer or otherwise respond by 11/14/2023. Issued by MAG/JUDGE L. PATRICK AULD on 10/05/2023. (AULD, L.)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (Attachments: # 1 Exhibit 1 - Proposed Order)(GREENE, DUSTIN) (Entered: 11/03/2023)

Motions Referred

Motion Referred RE: 16 Consent MOTION for Extension of Time to File Answer re 1 Complaint to MAG/JUDGE L. PATRICK AULD. (Marsh, Keah)

Order on Motion for Extension of Time to Answer

TEXT ORDER granting 16 Consent Motion for Further Extension of Time. Defendant shall answer or otherwise respond by 11/21/2023. Issued by MAG/JUDGE L. PATRICK AULD on 11/06/2023. (AULD, L.)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. Response to Motion due by 12/12/2023 (GREENE, DUSTIN) (Entered: 11/21/2023)

MEMORANDUM filed by Defendant VETERANS GUARDIAN VA CLAIM CONSULTING, LLC re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (GREENE, DUSTIN) (Entered: 11/21/2023)

Consent MOTION for Extension of Time To File Motion for JENNIFER FORD L.R. 23.1(b) deadline for filing class certification motion by JENNIFER FORD. (Attachments: # 1 Text of Proposed Order)(OSTERWISE, JEFFREY) (Entered: 11/27/2023)

Motions Submitted

Motion Submitted: 19 Consent MOTION for Extension of Time To File Motion for JENNIFER FORD L.R. 23.1(b) deadline for filing class certification motion to JUDGE THOMAS D. SCHROEDER. (km)

ORDER signed by JUDGE THOMAS D. SCHROEDER on 12/4/2023, that the motion (Doc. 19 ) is GRANTED. The court will set the deadline for Plaintiff's motion for class certification at the time the court enters a scheduling order in this matter. (lg) (Entered: 12/04/2023)

RESPONSE in Opposition re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC filed by JENNIFER FORD. Replies due by 12/26/2023 (Attachments: # 1 Exhibit A)(WARWICK, BRIAN) (Entered: 12/12/2023)

Consent MOTION for Extension of Time to File Response/Reply as to 21 Response in Opposition to Motion, by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (Attachments: # 1 Exhibit 1 - Proposed Order)(GREENE, DUSTIN) (Entered: 12/13/2023)

Motions Referred

Order on Motion for Extension of Time to File Response/Reply

Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE: 22 Consent MOTION for Extension of Time to File Response/Reply as to 21 Response in Opposition to Motion. (ae)

TEXT ORDER granting 22 Consent Motion for Extension of Time. Defendant shall file any reply to 21 Response by 01/16/2024. Issued by MAG/JUDGE L. PATRICK AULD on 12/13/2023. (AULD, L.)

NOTICE of Special Appearance by attorney PAMELA G LEVINSON on behalf of Plaintiff JENNIFER FORD ( Filing fee $ 25 receipt number ANCMDC-3721938.) (LEVINSON, PAMELA) (Entered: 12/14/2023)

REPLY, filed by Defendant VETERANS GUARDIAN VA CLAIM CONSULTING, LLC, to Response to 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (GREENE, DUSTIN) (Entered: 01/16/2024)

Motions Submitted

Motion Submitted to JUDGE THOMAS D. SCHROEDER: 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (ae)

SUPPLEMENT re 21 Response in Opposition to Motion, Notice of Supplemental Authority in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss by Plaintiff JENNIFER FORD. (Attachments: # 1 Exhibit A, Veterans Guardian Va Claim Consulting v. Platkin)(OSTERWISE, JEFFREY) (Entered: 02/16/2024)

RESPONSE re 25 Supplement, filed by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (GREENE, DUSTIN) Modified on to 2/22/2024 to remove improperly set deadline (al). (Entered: 02/20/2024)

MOTION for Rule 16 Initial Pretrial Conference, filed by JENNIFER FORD. Response due by 4/30/2024. (Attachments: # 1 Text of Proposed Order) (BROCHU, CHRISTOPHER) Modified on 4/11/2024 to add response deadline. (lg) (Entered: 04/09/2024)

RESPONSE in Opposition re 27 MOTION for Rule 16 Initial Pretrial Conference filed by JENNIFER FORD filed by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. Replies due by 4/30/2024 (GREENE, DUSTIN) (Entered: 04/16/2024)

Motions Referred

Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE: 27 MOTION for Rule 16 Initial Pretrial Conference. (ae)

Order on Motion for Conference

TEXT ORDER denying 27 Motion to Schedule Rule 16 Initial Pretrial Conference. Consistent with Footnote 1 to Local Rule 26.1, the Court finds good cause under Federal Rule of Civil Procedure 16(b)(2) to delay issuance of a scheduling order and to defer the scheduling of the initial pretrial conference, pending resolution of 17 Motion to Dismiss. Although 27 Motion observes that proceeding with an initial pretrial conference (and the required precursor meeting under Federal Rule of Civil Procedure 26(f)) would allow for advance planning about discovery while the parties await the resolution of 17 Motion, as Defendant noted in 28 Response, that planning ultimately would prove a waste of the Court's and the parties' time if the Court grants 17 Motion. Nothing in 27 Motion suggests the existence of a compelling counter-weight to that concern in this case. Issued by MAG/JUDGE L. PATRICK AULD on 05/02/2024. (AULD, L.)

Case Reassigned

Motions No Longer Submitted

Case Reassigned to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES. JUDGE THOMAS D. SCHROEDER no longer assigned to the case. (km)

Motion No Longer Submitted to JUDGE THOMAS D. SCHROEDER - 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (km)

STANDARD ORDER for civil cases proceeding before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES. (rw) (Entered: 07/01/2024)

Motions Submitted

Motions Submitted: 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (rw)

ORDER signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 07/16/2024, that the defendant's motion to dismiss, Doc. 17, is DENIED. (lg) (Entered: 07/16/2024)

ANSWER to 1 Complaint, by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (GREENE, DUSTIN) (Entered: 07/30/2024)

NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 9/30/2024 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (kg) (Entered: 07/31/2024)

JOINT L.R. 5.5 REPORT by Defendant VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (GREENE, DUSTIN) Modified on 8/22/2024 to correct event used and correct docket text. (lg) (Entered: 08/21/2024)

Motions Referred

Motions Referred: RE: 33 L.R. 5.5 Report-Joint filed by all parties, to MAG/JUDGE L. PATRICK AULD (rw)

Rule 26(f) Report (Joint) filed by all parties by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (GREENE, DUSTIN) (Entered: 08/23/2024)

Rule 26f - Joint

Order on Motion for L.R. 5.5 Report-Joint

TEXT ORDER adopting 33 L.R. 5.5 Report. Issued by MAG/JUDGE L. PATRICK AULD on 08/23/2024. (AULD, L.)

TEXT ORDER adopting 34 Joint Rule 26(f) Report. Issued by MAG/JUDGE L. PATRICK AULD on 08/23/2024. (AULD, L.)

JOINT MOTION for Entry of Consent Protective Order by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (Attachments: # 1 Exhibit 1: Proposed Consent Protective Order) (GREENE, DUSTIN) (Entered: 08/26/2024)

1 Exhibit 1: Proposed Consent Protective Order

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Mediation Scheduling Order

Working Copies Notice

Set/Reset Scheduling Order Deadlines

Order

MEDIATION SCHEDULING ORDER; Selection of Mediator due by 10/15/2024. Mediation due by 5/16/2025. (mb)

TEXT ORDER clarifying that the deadline for the parties to request leave to amend pleadings or to add parties is 12/10/2024 (not 2025). The issuing Magistrate Judge thanks the eagle eyes in the Clerk's Office for spotting this issue. Issued by MAG/JUDGE L. PATRICK AULD on 08/26/2024. (AULD, L.)

Set Scheduling Order Deadlines: Discovery shall be established as Exceptional. Mediation should be conducted late in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties shall file a designation of mediator no later than October 15, 2024. The parties agree that neither reference to the Magistrate Judge nor appointment of a master is appropriate at this time. Trial of the action is expected to take approximately three weeks. A jury trial has been demanded. The Parties Amended Pleadings due by 12/10/2024. Discovery due by 5/16/2025. Joinder of Parties for Plaintiff and Defendant due by 12/10/2024. (lg)

NOTICE to Counsel: Counsel shall comply with the assigned magistrate judge's working copies preference for filing non-dispositive motions and briefs including discovery matters as seen at https://www.ncmd.uscourts.gov/sites/ncmd/files/JudPref.pdf. (lg)

CONSENT PROTECTIVE ORDER signed by MAG/JUDGE L. PATRICK AULD on 8/27/2024. (sh) (Entered: 08/27/2024)

Motions Referred

Motions Referred: RE: 35 JOINT MOTIONfor Entry of Consent Protective Order, to MAG/JUDGE L. PATRICK AULD (rw)

NOTICE of Special Appearance by attorney RADHA NAGAMANI RAGHAVAN on behalf of Plaintiff JENNIFER FORD ( Filing fee $ 25 receipt number ANCMDC-3914626.) (NAGAMANI RAGHAVAN, RADHA) (Entered: 09/12/2024)

JOINT MOTIONfor Entry of ESI Protocol by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (Attachments: # 1 Exhibit A - ESI Protocol)(GREENE, DUSTIN) (Entered: 10/03/2024)

STIPULATED ORDER REGARDING THE SEARCH FOR AND PRODUCTION OF DOCUMENTS (ESI PROTOCOL) signed by MAG/JUDGE L. PATRICK AULD on 10/3/2024 as set out herein. (sh) (Entered: 10/03/2024)

Motions Referred

Motions Referred: RE: 38 JOINT MOTIONfor Entry of ESI Protocol, to MAG/JUDGE L. PATRICK AULD (rw)

NOTICE OF SELECTION OF MEDIATOR. (GREENE, DUSTIN) (Entered: 10/15/2024)

ORDER Appointing RAYMOND E. OWENS, JR., as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (mb) (Entered: 10/17/2024)

JOINT MOTION to Consolidate Cases by VETERANS GUARDIAN VA CLAIM CONSULTING, LLC. (Attachments: # 1 Exhibit 1 - Proposed Order)(GREENE, DUSTIN) (Entered: 10/30/2024)

MOTION to Appoint Counsel Plaintiffs Ford and Beard's Motion for the Appointment of Interim Lead Counsel by JENNIFER FORD. (Attachments: # 1 Exhibit S. Carson Declaration with Firm Resume, # 2 Exhibit B. Warwick Declaration with Firm Resume, # 3 Text of Proposed Order)(OSTERWISE, JEFFREY) (Entered: 10/30/2024)

1 Exhibit S. Carson Declaration with Firm Resume

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2 Exhibit B. Warwick Declaration with Firm Resume

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3 Text of Proposed Order

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ORDER GRANTING JOINT MOTION TO CONSOLIDATE signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 10/31/2024, that the Motion is GRANTED. It is further HEREBY ORDERED that the Clerk of the Court shall consolidate Ford v. Veterans Guardian VA Claim Consulting, LLC, No. 1:23-CV-756, Patterson v. Veterans Guardian VA Claim Consulting, LLC, No. 1:23-CV-762, and Beard v. Veterans Guardian VA Claim Consulting, LLC, No. 1:23-CV-1080 for all purposes as set out. All paper and electronic filings in the Consolidated Case going forward shall be filed in Case No. 1:23-CV-756. The Clerk shall administratively close Patterson v. Veterans Guardian VA Claim Consulting, LLC, No. 1:23-CV-762, and Beard v. Veterans Guardian VA Claim Consulting, LLC, No. 1:23-CV-1080. Associated Cases: 1:23-cv-00756-CCE-LPA, 1:23-cv-00762-CCE-LPA, 1:23-cv-01080-CCE-LPA (lg) (Entered: 10/31/2024)

Motions Submitted

Set/Reset Motion and R and R Deadlines/Hearings

Order

Response to Doc 43 MOTION to Appoint Counsel Plaintiffs Ford and Beard's Motion for the Appointment of Interim Lead Counsel due 11/20/2024 (rw)

Motions Submitted: 42 JOINT MOTION to Consolidate Cases to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (rw)

TEXT ORDER issued by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 10/31/24. Any objection to the motion to appoint lead counsel, Doc. 43, SHALL be filed no later than November 8, 2024. If such objection is filed, any reply brief SHALL be filed no later than November 15, 2024. Upon appointment of lead counsel, any consolidated class action complaint SHALL be filed within seven days. The deadline to file any motion for class certification is February 15, 2025. The matter is referred to the Magistrate Judge to review the various scheduling orders and revise them as needed, after consultation with counsel. (rw)

Set Deadlines re: 43 MOTION to Appoint Counsel: Objections to Motion due by 11/8/2024. Replies due by 11/15/2024. (See 10/31/2024 Text Order) (lg)

TEXT ORDER directing counsel for all parties in these now consolidated cases (A) to promptly consult about the existing scheduling order deadlines and any proposed harmonization/modification necessary, and (B) to file, on or before 11/15/2024, a joint notice setting forth their position(s) on those matters. Issued by MAG/JUDGE L. PATRICK AULD on 10/31/2024. (AULD, L.)